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THE LEGAL PROTECTION OF THE JOURNALIST PROFESSIONAL PRIVILEGE IN THE POLISH LEGAL ORDER SELECTED ISSUES 记者职业特权的法律保护在波兰法律秩序中的选择问题
Roczniki Administracji i Prawa Pub Date : 2023-06-30 DOI: 10.5604/01.3001.0053.6798
Adam Baszkowski
{"title":"THE LEGAL PROTECTION OF THE JOURNALIST PROFESSIONAL PRIVILEGE IN THE POLISH LEGAL ORDER SELECTED ISSUES","authors":"Adam Baszkowski","doi":"10.5604/01.3001.0053.6798","DOIUrl":"https://doi.org/10.5604/01.3001.0053.6798","url":null,"abstract":"In todays world, the social media play an important role in shaping reality. In democratic societies, they also act as a kind of controller of public life. The journalists primary task is to serve society and the state. Journalists have a special duty to act in accordance with professional ethics and the rules of social interaction, in line with the rules prescribed by law.In the performance of their profession, journalists enjoy legal protection designed to ensure that citizens may exercise their constitutional right of access to information and public criticism.However, the right to freedom of expression, including freedom to hold opinions and to receive and impart information and ideas without interference by public authority in accordancewith European standards, is not absolute in nature. An important factor contributing to the freedom of expression and independence of the press, which makes journalism to be perceived as a profession of public trust by the society, is the legal protection of the journalist professional privilege. This article attempts to present the current views of the doctrine and jurisprudence on the adopted principles of protection of the journalist privilege in the Polish legal order, with a particular emphasis put on inadmissibility in evidence arising from the legal standards defined in Article 180 of the Code of Criminal Procedure.","PeriodicalId":158454,"journal":{"name":"Roczniki Administracji i Prawa","volume":"59 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127626761","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}
引用次数: 0
MODELS OF CASCADE APPLICATION OF STATUTORY NORMS IN POLISH INDIVIDUAL LABOUR LAW 波兰个人劳动法中法定规范的梯级适用模式
Roczniki Administracji i Prawa Pub Date : 2023-06-30 DOI: 10.5604/01.3001.0053.6964
K. Baran
{"title":"MODELS OF CASCADE APPLICATION OF STATUTORY NORMS IN POLISH INDIVIDUAL LABOUR LAW","authors":"K. Baran","doi":"10.5604/01.3001.0053.6964","DOIUrl":"https://doi.org/10.5604/01.3001.0053.6964","url":null,"abstract":"The cascade application of statutory regulations in individual labour law consists in the subsidiary application of increasingly general statutory norms in order to define the legal status of the subjects of the individual employment relationship. In practice, in its widest understanding, it is applicable in official labour law. In the general employment relationship this mechanism consists in the subsidiary application of the Civil Code to the individual employment relationship.","PeriodicalId":158454,"journal":{"name":"Roczniki Administracji i Prawa","volume":"58 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126551747","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}
引用次数: 0
THE PASSAGE OF TIME AND GUARANTEES OF COMPLIANCE WITH PROCEDURAL STANDARDS IN THE GENERAL ADMINISTRATIVE PROCEDURE 一般行政程序中时间的流逝和遵守程序标准的保证
Roczniki Administracji i Prawa Pub Date : 2023-06-30 DOI: 10.5604/01.3001.0053.6801
Ewa Śladkowska
{"title":"THE PASSAGE OF TIME AND GUARANTEES OF COMPLIANCE WITH PROCEDURAL STANDARDS IN THE GENERAL ADMINISTRATIVE PROCEDURE","authors":"Ewa Śladkowska","doi":"10.5604/01.3001.0053.6801","DOIUrl":"https://doi.org/10.5604/01.3001.0053.6801","url":null,"abstract":"The issue of the passage of time and its impact on an administrative act is extremely important for administrative law. This issue is related to the durability of an administrative decision, which a public administration defines the rights and obligations of individual entities in specific cases. In the doctrine of administrative law, the concept of correct decision is adopted as a decision that meets all the conditions required by law, including that it was issued in compliance with procedural standards. Compliance with the rules of procedural law is guaranteed by the institution of reopening administrative proceedings, the structure of which is based on procedural and substantive deadlines. Procedural deadlines, which determine the possibility of initiating the proceedings itself, and substantive deadlines, which condition the elimination from the legal market of a final decision issued in violation of procedural law norms. The article presents the problems of the indicated terms and problems related to them.","PeriodicalId":158454,"journal":{"name":"Roczniki Administracji i Prawa","volume":"541 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127649276","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}
引用次数: 0
THE APPEAL PROCEEDINGS IN DISCIPLINARY PROCEEDINGS AGAINST SOLDIERS IN THE PERSPECTIVE OF THE ACT ON THE DEFENSE OF THE HOMELAND 对军纪处分诉讼中的上诉程序从《保卫祖国法》的角度进行了探讨
Roczniki Administracji i Prawa Pub Date : 2023-06-30 DOI: 10.5604/01.3001.0053.6803
Beata Baran-Wesołowska
{"title":"THE APPEAL PROCEEDINGS IN DISCIPLINARY PROCEEDINGS AGAINST SOLDIERS IN THE PERSPECTIVE OF THE ACT ON THE DEFENSE OF THE HOMELAND","authors":"Beata Baran-Wesołowska","doi":"10.5604/01.3001.0053.6803","DOIUrl":"https://doi.org/10.5604/01.3001.0053.6803","url":null,"abstract":"The articles purpose is to present the appeal proceedings as a part of the disciplinary proceedings against soldiers. The publication analyzes the procedural aspect and the temporal aspect. In this study, the author also scrutinizes the types of decisions issued in appeal proceedings.","PeriodicalId":158454,"journal":{"name":"Roczniki Administracji i Prawa","volume":"96 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125027103","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}
引用次数: 0
PRINCIPLES OF ENTRUSTING THE LOCAL GOVERNMENT UNIT WITH TASKS RELATED TO THE PROTECTION OF PERSONAL DATA 委托地方政府单位负责个人资料保护工作的原则
Roczniki Administracji i Prawa Pub Date : 2023-06-30 DOI: 10.5604/01.3001.0053.6797
Kamila Żmuda-Matan
{"title":"PRINCIPLES OF ENTRUSTING THE LOCAL GOVERNMENT UNIT WITH TASKS RELATED TO THE PROTECTION OF PERSONAL DATA","authors":"Kamila Żmuda-Matan","doi":"10.5604/01.3001.0053.6797","DOIUrl":"https://doi.org/10.5604/01.3001.0053.6797","url":null,"abstract":"The purpose of the publication is to analyze the principles of entrusting a local government service unit with tasks related to the provision of services involving the protection of personal data. The need to consider this issue results from the fact that local government units may freely adjust the scope of joint service provided by the service units, depending on their needs. An exemplary catalog of the types of tasks that may be covered by joint service enables the ongoing creation of solutions that respond to new phenomena and needs emerging in local government administration, including technical solutions. This is confirmed by the expression in particular used by the legislator in the local government acts. It should be assumed that the scope of joint service provided by local government service units is open, and therefore it also allows entrusting this entity with tasks in the field of personal data protection, whose administrators or processors are serviced units.","PeriodicalId":158454,"journal":{"name":"Roczniki Administracji i Prawa","volume":"34 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134620610","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}
引用次数: 0
JUDGES IN A RACE AGAINST TIME. SELECTED COMMENTS IN LIGHT OF EMPIRICAL RESEARCH 裁判们在和时间赛跑。根据实证研究选择评论
Roczniki Administracji i Prawa Pub Date : 2023-06-30 DOI: 10.5604/01.3001.0053.6783
A. Partyk
{"title":"JUDGES IN A RACE AGAINST TIME. SELECTED COMMENTS IN LIGHT OF EMPIRICAL RESEARCH","authors":"A. Partyk","doi":"10.5604/01.3001.0053.6783","DOIUrl":"https://doi.org/10.5604/01.3001.0053.6783","url":null,"abstract":"The paper presents deliberations concerning adjudicating a case without undue delay, from the perspective of statements presented by judges which were gathered in the course of an empirical research project. The paper provides a voice in the discussion, focusing on some remarks made by the judges. The author, while interviewing judges and gathering questionnaires filled out by judges, collected a number of observations related to the time taken to hear cases. In the article it was shown that judges often pay attention to the problem of significant workload, which also manifests itself in their experiencing different types of emotions. The judges at the same time highlighted positive emotions they felt when the case was successfully resolved early thanks to a conciliatory attitude shown by the parties to the case, as well as negative emotions when the parties undertake actions aiming at prolonging proceedings. The article also analyses the importance of an appropriate preparation for pronouncing a decision by judges. The judges more often than not declared that what they need to make a decision is proper consideration and that they often prefer to put off the decision, in order not to issue it in a hurry, under the influence of strong emotions. Moreover, it is shown in the article that from the judges perspective experience gatheredover the years is significant and it can be very helpful in adjudicating","PeriodicalId":158454,"journal":{"name":"Roczniki Administracji i Prawa","volume":"29 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133636110","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}
引用次数: 0
LEGAL STATUS OF THE ALBANIAN HIGH PROSECUTORIAL COUNCIL IN THE LIGHT OF THE 2016 CONSTITUTIONAL REFORM 阿尔巴尼亚高级检察委员会在2016年宪法改革中的法律地位
Roczniki Administracji i Prawa Pub Date : 2023-06-30 DOI: 10.5604/01.3001.0053.6782
Krystian Nowak
{"title":"LEGAL STATUS OF THE ALBANIAN HIGH PROSECUTORIAL COUNCIL IN THE LIGHT OF THE 2016 CONSTITUTIONAL REFORM","authors":"Krystian Nowak","doi":"10.5604/01.3001.0053.6782","DOIUrl":"https://doi.org/10.5604/01.3001.0053.6782","url":null,"abstract":"The article attempts to analyse the systemic position of the High Prosecutorial Council in the Albanian constitutional system as shaped by the 2016 constitutional reform. The author of this article analyses the regulations of the Constitution of the Republic of Albania and ordinary legislation that define the place and role of the Prosecutorial Council within the Albanian constitutional system. He focuses on showing the legal status of the Prosecutorial Council, draws attention to its composition and competences, which are decisive for the actual establishment of the guarantees of the independence of the prosecution service in Albania. The solutions adopted lead to the conclusion that it is a specialised body of a mixed nature, whose actions are aimed at guaranteeing the independence of prosecutors.","PeriodicalId":158454,"journal":{"name":"Roczniki Administracji i Prawa","volume":"39 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116153138","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}
引用次数: 0
THE JUDGE AS A HANDWRITING EXPERT 法官被认为是笔迹专家
Roczniki Administracji i Prawa Pub Date : 2023-06-30 DOI: 10.5604/01.3001.0053.6962
Sylwia Zadworna
{"title":"THE JUDGE AS A HANDWRITING EXPERT","authors":"Sylwia Zadworna","doi":"10.5604/01.3001.0053.6962","DOIUrl":"https://doi.org/10.5604/01.3001.0053.6962","url":null,"abstract":"In the presented study, the author raised the issue of the possibility of questioned document examination, including handwriting examination, by the judge in civil proceedings. The article presents both the position of doctrine and case law in this regard. Considerations in this regard included e.g. special knowledge that experts performing handwriting examinations should have, factors determining the image of handwriting and the consequences of combining the role of judge and expert in a proceeding. The article is a critical voice concerning the discussed issue.","PeriodicalId":158454,"journal":{"name":"Roczniki Administracji i Prawa","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134156554","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}
引用次数: 0
THE VILLAGE MEETING AS AN ORGAN OF PUBLIC ADMINISTRATION 作为公共管理机关的村民会议
Roczniki Administracji i Prawa Pub Date : 2023-06-30 DOI: 10.5604/01.3001.0053.6786
Mariusz Paradowski
{"title":"THE VILLAGE MEETING AS AN ORGAN OF PUBLIC ADMINISTRATION","authors":"Mariusz Paradowski","doi":"10.5604/01.3001.0053.6786","DOIUrl":"https://doi.org/10.5604/01.3001.0053.6786","url":null,"abstract":"The subject of this article is the issue of the village meeting as an organ of public administration. At the beginning, the elaboration gives attention to the genesis of the legal institution of the village meeting in the area of the development of local government. Next, the text discusses the organization and competence of the village meeting. These normative issues are based on the analysis of legal literature, normative acts and judicature. In the further part the elaboration presents the village meeting as an example of executive authority. This thesis in the legal doctrine may gives a lot of controversy. The basis of these considerations is the concept of separation of powers, which is at the foundation of the idea of the rule of law. The text has a short summary. The article uses the research methods: dogmatic, historical-doctrinal, legal-comparative and deductive.","PeriodicalId":158454,"journal":{"name":"Roczniki Administracji i Prawa","volume":"23 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128244569","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}
引用次数: 0
CONTRIBUTION TO THE DEBATE ON THE QUOAD USUM AGREEMENT 对“共同份额协定”辩论的贡献
Roczniki Administracji i Prawa Pub Date : 2023-06-30 DOI: 10.5604/01.3001.0053.6963
Jacek Zrałek
{"title":"CONTRIBUTION TO THE DEBATE ON THE QUOAD USUM AGREEMENT","authors":"Jacek Zrałek","doi":"10.5604/01.3001.0053.6963","DOIUrl":"https://doi.org/10.5604/01.3001.0053.6963","url":null,"abstract":"The paper aims to propose a general and unified concept of the most optimal approach to the quoad usum agreement. In view of the significant discrepancies regarding the evaluation of the quoad usum contract both in the literature and in the jurisprudence, the weaknesses and inconsistencies of proposals incompatible with the suggested model have also been demonstrated. In the concept presented, consistent answers were proposed to the questions of the content of the concluded agreement, its nature (obligatory or in rem) and its characteristics (an act of management or an act modifying the content of the co-owners rights). The settlement of these issues made it possible to answer questions concerning the stability of the legal relationship created by the agreement, the transferability of rights and obligations from the agreement to the acquirer of the share (in inter vivos transactions and in connection with the death of a co-owner) and the possibility of termination or modification of the content of the quoad usum agreement.","PeriodicalId":158454,"journal":{"name":"Roczniki Administracji i Prawa","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131443831","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}
引用次数: 0
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