{"title":"Some Legal Aspects of Plagiarism Among Students","authors":"A. Sokołowska","doi":"10.14746/ppuam.2022.14.17","DOIUrl":"https://doi.org/10.14746/ppuam.2022.14.17","url":null,"abstract":"The paper describes the scope of the legal consequences of plagiarism among students in terms of copyright. The main question is connected with the scope and nature of the copyright protection against plagiarism. The issue is related to the specificity of the social role played by a student and to certain customs in the university community which enforce a certain behaviour and do not always require detailed references to the sources used. All university students have administrative and legal liabilities with regard to the university authorities, and in addition they bear full civil liability for their actions","PeriodicalId":102467,"journal":{"name":"Przegląd Prawniczy Uniwersytetu im. Adam Mickiewicza","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115201035","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Right to Disconnect in the Context of Employees’ Mental Health","authors":"M. Dolobáč, Katarína Skolodová","doi":"10.14746/ppuam.2022.14.08","DOIUrl":"https://doi.org/10.14746/ppuam.2022.14.08","url":null,"abstract":"The development of technology has a significant impact and creates new requirements in the field of labour-law relations. One of these requirements is the protection of occupational health and safety by preventing the blurring of boundaries between employees’ work and private lives. The most important means which is currently the subject of discussions in the professional community, but also in practice, is the right to disconnect. This paper is devoted exactly to this right, its perception at the level of the institutions of the European Union, and its legal enshrinement in the legislation of the Slovak Republic.","PeriodicalId":102467,"journal":{"name":"Przegląd Prawniczy Uniwersytetu im. Adam Mickiewicza","volume":"32 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125805173","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Council Directive (EU) 2018/822 and the Right to Privacy. An Attempt to Answer the Preliminary Question in Case C-694/20","authors":"Adam Szymacha","doi":"10.14746/ppuam.2022.14.10","DOIUrl":"https://doi.org/10.14746/ppuam.2022.14.10","url":null,"abstract":"Through an action before the Court of Justice of the European Union (CJEU), the Belgian Constitutional Court intends to obtain an answer to the question related to the compatibility of Council Directive (EU) 2018/822 with the fundamental right to respect for private life. The mechanism provided by this Directive may violate this right because it consists in obliging the lawyer who has invoked the Legal Professional Privilege to provide information about the evasion of the obligation to inform the authorities about the cross-border arrangement. This arrangement may amount to tax avoidance by the client. I will try to predict the possible response of the CJEU by analyzing its previous case law. Interference with fundamental rights must be proportionate. The secrecy of the lawyer’s communication with his client deserves special protection. The proportionality of the interference may be evidenced by filters such as judicial supervision, intermediation by an independent authority etc.","PeriodicalId":102467,"journal":{"name":"Przegląd Prawniczy Uniwersytetu im. Adam Mickiewicza","volume":"39 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123521646","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Limitations to the Implied Powers of International Organizations","authors":"Andrzej Gadkowski","doi":"10.14746/ppuam.2022.14.05","DOIUrl":"https://doi.org/10.14746/ppuam.2022.14.05","url":null,"abstract":"The aim of this article is to present the main aspects of limitations to the implied powers of international organizations. The author discusses the most important case law and the position on this topic presented, in particular, by the International Court of Justice. He points to the most salient categories in the catalogue of the limits of implied powers of international organizations.","PeriodicalId":102467,"journal":{"name":"Przegląd Prawniczy Uniwersytetu im. Adam Mickiewicza","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125824287","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Illegal Wildlife Trade in Poland – Crime Control Models","authors":"Edyta Drzazga","doi":"10.14746/ppuam.2022.14.15","DOIUrl":"https://doi.org/10.14746/ppuam.2022.14.15","url":null,"abstract":"Wildlife traffickindg of endangered species is an international crime that is increasing in in terms of its significance and position in the global crime hierarchy. This phenomenon is a significant subject of research for both traditional and green criminology. The representatives of green criminology, when discussing the criminal policy in matters related to green crimes, refer to its broad meaning. From this perspective, “green criminal policy” includes: a) the legal and social approach, b) a regulatory system that emphasizes social arrangements, norms and reforms in the production and consumption system; and c) a system of social interactions. Each of these models is presented in the article. In this context, the results of qualitative research on the state of the social control of illegal trade in wild fauna and flora in Poland will also be cited.","PeriodicalId":102467,"journal":{"name":"Przegląd Prawniczy Uniwersytetu im. Adam Mickiewicza","volume":"38 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116946556","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"European Standard for the Protection of Patients’ Lives","authors":"P. Kwiatkowski","doi":"10.14746/ppuam.2022.14.06","DOIUrl":"https://doi.org/10.14746/ppuam.2022.14.06","url":null,"abstract":"The aim of the study it to reconstruct the European standard for the protection of patients’ lives in its substantive and procedural aspects. In the case-law of the bodies of the system of the Convention for the Protection of Human Rights and Fundamental Freedoms, the scope of the state authorities’ substantive and procedural obligation to protect the right to life in the health care system was defined for the first time by the European Commission of Human Rights in the decision of 22 May 1995 in Mehmet Işıltan v. Turkey, and then repeated in the case-law of the reformed Court in the decision on the admissibility in Powell v. United Kingdom. The study of the European standard for the protection of patients’ lives traces its history, from Mehmet Işıltan v. Turkey and Powell v. United Kingdom; through developments of the meaning of its substantive limb, as illustrated by Mehmet and Bekir Senturk v. Turkey, Asiye Genc v. Turkey, Aydogdu v. Turkey, and Elena Cojocaru v. Romania; to developments of the meaning of its procedural limb, as exemplified by Calvelli and Ciglio v. Italy, Wojciech Byrzykowski v. Poland, Šilih v. Slovenia, and Gray v. Germany; and finally covers the Court’s attempt to sum up its previous approach to the European standard for the protection of patients’ lives, as expressed in the case of Lopes de Sousa Fernandes v. Portugal.","PeriodicalId":102467,"journal":{"name":"Przegląd Prawniczy Uniwersytetu im. Adam Mickiewicza","volume":"116 7","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"120818997","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Qualification of Action in Administrative Justice and its Perils – the Czech Experience","authors":"T. Svoboda, Denisa Skládalová","doi":"10.14746/ppuam.2022.14.13","DOIUrl":"https://doi.org/10.14746/ppuam.2022.14.13","url":null,"abstract":"This paper concerns the system of the ‘main’ types of administrative action in the Czech administrative justice, more precisely the qualification of the ‘correct’ type of an action. The boundaries between action types are not always clear, which has consequences for the protection of applicants’ rights in the administrative justice proceedings. The first part of the paper deals with the theoretical level of the problem outlined. The second part deals with some recent changes in Czech case law and proposes possible solutions.","PeriodicalId":102467,"journal":{"name":"Przegląd Prawniczy Uniwersytetu im. Adam Mickiewicza","volume":"44 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130238840","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Data Altruism or Voluntary Data Sharing in the Economy","authors":"Magdalena Jacolik","doi":"10.14746/ppuam.2022.14.16","DOIUrl":"https://doi.org/10.14746/ppuam.2022.14.16","url":null,"abstract":"Along with technological progress, one can observe socio-economic changes taking place, and the transformation of the EU economy into a digital economy is an eloquent example. The scope of this transformation includes data, which plays an important role in the economy. This may be readily inferred from the European Strategy for Data published by the European Commission, which envisages a data-driven economy. The transformation towards a data-agile economy results in certain modification in the legal space. For instance, the proposal for a data governance regulation introduces an entity referred to as a data altruism organisation. The proposed act also requires EU Member States to designate a competent authority. This paper examines the functioning of said organisations and attempts to define their status, and discusses the duties of competent authorities which may possibly supervise the activities of data altruism organisations.","PeriodicalId":102467,"journal":{"name":"Przegląd Prawniczy Uniwersytetu im. Adam Mickiewicza","volume":"4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114925547","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Evidence From Artificial Intelligence in General Administrative Procedure","authors":"Łukasz Dubiński","doi":"10.14746/ppuam.2022.14.12","DOIUrl":"https://doi.org/10.14746/ppuam.2022.14.12","url":null,"abstract":"Artificial intelligence is becoming an element of everyday life, and also a part of administrative proceedings. The legislator systematically adds regulations that allow public administration bodies to use artificial intelligence. At the same time, the Code of Administrative Procedure has not been amended in this respect. The article tries to establish what artificial intelligence evidence is. In addition, the issue of whether the rules on administrative evidence should be changed to cover the use of AI evidence is examined.","PeriodicalId":102467,"journal":{"name":"Przegląd Prawniczy Uniwersytetu im. Adam Mickiewicza","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115903199","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Improving Administrative Proceedings","authors":"Zbigniew Janowicz","doi":"10.14746/ppuam.2022.14.01","DOIUrl":"https://doi.org/10.14746/ppuam.2022.14.01","url":null,"abstract":"The paper is an English translation of “Uwagi o doskonaleniu postępowania administracyjnego” by Zbigniew Janowicz published originally in Państwo i Prawo in 1978. The text is published as a part of a section of the Adam Mickiewicz University devoted to the achievements of the Professors of the Faculty of Law and Administration of the Adam Mickiewicz University, Poznań.","PeriodicalId":102467,"journal":{"name":"Przegląd Prawniczy Uniwersytetu im. Adam Mickiewicza","volume":"151 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124361951","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}