{"title":"APPLICATION OF THE CRITERION OF DISPOSABILITY AS A FORM OF INDIRECT DISCRIMINATION IN THE ESTABLISHMENT OF AN EMPLOYMENT RELATIONSHIP","authors":"Justyna Tlatlik","doi":"10.5604/01.3001.0016.2416","DOIUrl":"https://doi.org/10.5604/01.3001.0016.2416","url":null,"abstract":"Employers often list disposability as one of the recruitment requirements in job advertisements. However, it is not clear what employers actually expect from candidates when formulating such a criterion. This results in the risk that employers, by requiring applicants to be disposable, will expose themselves to charges of indirect discrimination on the basis ofe.g. sex, age, family situation, disability or health","PeriodicalId":158454,"journal":{"name":"Roczniki Administracji i Prawa","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125737379","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":"AMATEUR FISHING – COMMENTS IN THE CONTEXT OF ART. 7 INLAND FISHERIES ACT","authors":"Kamil Majewski, Patrycja Majewska","doi":"10.5604/01.3001.0016.0973","DOIUrl":"https://doi.org/10.5604/01.3001.0016.0973","url":null,"abstract":"The Inland Fisheries Act mainly concerns the rules and conditions for the protection, breeding, breeding and catching of fish in surface inland waters, in waters in water facilities and in facilities intended for fish breeding or breeding, and the competence of public administration bodies, the manner of their conduct, and it also regulates the tasks and obligations of organizational units and persons related to the implementation of European regulations. One of the forms of the aforementioned fishing is its amateur cultivation according to the rules specified in the Act, including obtaining the appropriate permit. This article presents the results of the analysis of art. 7 of the Inland Fisheries Act, which concerns this form. The author formulates the view that this provision contains significant shortcomings and should be supplemented. So far, this issue has not been discussed in the literature. On the other hand, judicial decisions concern only selected aspects of this issue.\u0000\u0000","PeriodicalId":158454,"journal":{"name":"Roczniki Administracji i Prawa","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115063619","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":"LIMITS OF FREEDOM OF EXPRESSION. ARGUMENTS OF THE COMMISSIONER OF HUMAN RIGHTS IN APPEALS CASES IN THE LIGHT OF THE EUROPEAN COURT OF HUMAN RIGHTS JURISDICTION","authors":"Aleksandra Wentkowska, Sławomir Tkacz","doi":"10.5604/01.3001.0016.0930","DOIUrl":"https://doi.org/10.5604/01.3001.0016.0930","url":null,"abstract":"Freedom of expression is one of the fundamental foundations of a democratic society and one of the basic conditions for its development and the self-fulfillment of individuals. It is not only a constitutional principle, but is also protected by the European Convention on Human Rights and Fundamental Freedoms, the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights. According to the case law of the European Court of Human Rights, protection under Art. 10 of the Convention extends to all kinds of statements expressing opinions, ideas or information, regardless of their content and manner of communication, in particular of a political nature and relating to matters of public concern. These are the requirements of pluralism, tolerance and openness without which a democratic society does not exist. Many publications have been devoted to the freedom of expression, yet the discourse on this subject is still relevant and is still the subject of practical disputes and the interest of researchers. Recently, in the era of identified intensified political and social disputes in Poland - the problems of freedom of expression, especially in public spaces (public places, which also includes the Internet space) have become the subject of a multifaceted public debate.\u0000\u0000","PeriodicalId":158454,"journal":{"name":"Roczniki Administracji i Prawa","volume":"2004 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125788000","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":"ECONOMIC AND UNIQUE WOMEN. RURAL HOUSE WHEELS IN THE LAW","authors":"Artur Lis","doi":"10.5604/01.3001.0016.0989","DOIUrl":"https://doi.org/10.5604/01.3001.0016.0989","url":null,"abstract":"The review article was devoted to the publication by Grzegorz Krawiec entitled „The act on rural housewives’ circles. Comment”. On the basis of the Act on Rural Housewives’ Circles of November 9, 2018, a separate organizational formula was created for KGW, which are voluntary, independent and self-governing social organizations of rural residents. Based on the previously applicable legal regulations, KGW could be established within agricultural circles as their independent units. They could also function in the form of associations. An important statutory solution is to grant KGW a legal personality, which allows them to run a business on their own account and benefit from financial support from public funds. KGW operates on the basis of the adopted statute, which specifies in particular: the name and seat of the circle, the objective and territorial scope of the circle’s activities, goals and tasks of the circle and the means of their implementation, the method of acquiring and losing membership, the assets of the circle and the method of administering these assets, the way of representing the circle. outside, the rights and obligations of members, the bodies of the circle and their powers, the conditions for adopting and valid resolutions of the bodies of the circle, the procedure for changing the statute and liquidating the circle.\u0000\u0000","PeriodicalId":158454,"journal":{"name":"Roczniki Administracji i Prawa","volume":"3 10","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"113985349","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 FUTURE OF REMOTE WORK – LEGAL DILEMMAS","authors":"Krzysztof Stefański","doi":"10.5604/01.3001.0016.0984","DOIUrl":"https://doi.org/10.5604/01.3001.0016.0984","url":null,"abstract":"The COVID-19 pandemic has changed many areas of life, and has also directly affected ways of performing work. The biggest change has been the expansion of remote working on an unprecedented huge scale. This form of work has allowed many workers to move their work activities online, thus reducing the pandemic threat. Remote working has many benefits for employees, saving the time needed to commute, as well as for employers, who can save the funds needed to maintain offices. Aside from its many advantages, remote working raises numerous legal dilemmas that relate to range of important issues, starting with the right to establish such work. Other problems include the provision of work tools, covering the costs of performing work at the employee’s home, appropriate organisation of working time, together with respect for the principle of work-life balance. Other dilemmas concern the protection of privacy of the employee and his/her family. It is also connected with providing the employer with the possibility to control the performance of work by employees, as well as ensuring an appropriate level of occupational health and safety. This paper indicates such dilemmas, and discusses the key issues related to them. These issues need to be taken into account when developing regulations on remote working, both at international and national levels\u0000\u0000","PeriodicalId":158454,"journal":{"name":"Roczniki Administracji i Prawa","volume":"53 4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128777418","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":"EU-MERCOSUR TRADE RELATIONS – CHALLENGES AND PROSPECTS IN THE LIGHT OF THE COMPLETED NEGOTIATIONS OF THE TRADE AGREEMENT","authors":"E. Majchrowska","doi":"10.5604/01.3001.0016.0949","DOIUrl":"https://doi.org/10.5604/01.3001.0016.0949","url":null,"abstract":"Dynamic changes in world trade in recent years have provided an important impetus for the European Union to modify its trade policy and seek to strengthen bilateral relations, including through the negotiation of trade agreements. The completion of negotiations for an agreement with Mercosur is an important part of this effort. The aim of the paper is to present the results of research concerning the analysis of the EU-Mercosur trade relations and to indicate the perspectives of the negotiated deal. From the analysis carried out in the paper, it can be concluded that despite a mere 2% share of total EU trade, the Mercosur group is an important partner for the EU, and the opportunities for developing mutual cooperation are significant. This is supported not only by the untapped potential in mutual trade relations giving considerable chances to achieve significant savings after the implementation of the agreement, but also by external determinants that provide an additional significant incentive to strengthen the EU position in the region. To achieve the objectives of the study, the analytical and descriptive method was mainly used. The considerations were based mainly on original materials and scientific papers on EU trade policy, as well as data from reports of international organizations.\u0000\u0000","PeriodicalId":158454,"journal":{"name":"Roczniki Administracji i Prawa","volume":"44 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134173133","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":"AROUND THE ISSUE OF THE RULE OF LAW","authors":"Dorota Fleszer, Krzysztof Małysa","doi":"10.5604/01.3001.0016.0929","DOIUrl":"https://doi.org/10.5604/01.3001.0016.0929","url":null,"abstract":"The rule of law of the state is beginning to be of particular and increasing importance in the current political situation. This requires a revision of views on the standards and expectations that one can have towards the law-abiding state and its apparatus. The scope of the issue thus determined requires reference to the constitutional concept of a democratic state governed by the rule of law and its role in determining imperatives in the activities of the state and its organs. It also raises the need to address the issue – is it sufficient for the existence of the rule of law in a state to only respect the supreme legal force of constitutional norms?\u0000\u0000","PeriodicalId":158454,"journal":{"name":"Roczniki Administracji i Prawa","volume":"21 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131081756","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":"COMMENTARY TO THE JUDGMENT OF THE SUPREME ADMINISTRATIVE COURT OF 8 FEBRUARY, 2022 – COMMENTS IN THE CONTEXT OF ART. 10 KPA","authors":"Kamil Majewski, Patrycja Majewska","doi":"10.5604/01.3001.0016.0988","DOIUrl":"https://doi.org/10.5604/01.3001.0016.0988","url":null,"abstract":"In the commented judgment, the Supreme Administrative Court expressed view on the obligations of the authority conducting administrative proceedings under Art. 10 § 1 of the Code of Civil Procedure (the principle of active participation of a party in the proceedings and the principle of hearing the parties). Against the background of the position of the Supreme Administrative Court, the authors indicate the necessity to treat Art. 10 § 1 of the Code of Administrative Procedure, as two duties of an authority, one of which should be performed in the course of administrative proceedings (on a continuous basis), and the other - at least once in a specific phase of the pending proceedings. The authors also indicate the negative effects of the excessive fulfillment of the obligation contained in Art. 10 § 1 in fine of the Code of Administrative Procedure.\u0000\u0000","PeriodicalId":158454,"journal":{"name":"Roczniki Administracji i Prawa","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131643321","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 NUMBER OF SCIENTIFIC OR ARTISTIC ACHIEVEMENTS THAT MAKE A SIGNIFICANT CONTRIBUTION TO THE DEVELOPMENT OF A SPECIFIC DISCIPLINE, NECESSARY TO BE DEMONSTRATED\u0000IN THE HABILITATION APPLICATION","authors":"M. Gurdek","doi":"10.5604/01.3001.0016.0955","DOIUrl":"https://doi.org/10.5604/01.3001.0016.0955","url":null,"abstract":"The new, currently in force, rules for awarding academic degrees and titles as well as in the field of arts are set out in the Act of July 20, 2018, Law on Higher Education and Science. In this study, I would like to analyze in depth one of the prerequisites for awarding the degree of habilitated doctor, as defined in Art. 219 paragraph. 1 point 2 of the Act. In this provision, the legislator indicated that the degree of habilitated doctor is awarded to a person who has scientific or artistic achievements that constitute a significant contribution to the development of a specific discipline, including at least: 1 monograph or 1 cycle or 1 project achievement (...). The use of the phrase ‘scientific or artistic achievements’ (plural) and ‘including at least’ raises numerous doubts as to how much the postdoctoral researcher should have in his / her scientific or artistic achievements that make a significant contribution to the development of a given discipline and thus demonstrate them in the habilitation application, to meet the premise of Art. 219 paragraph. 1 point 2 of the Act.\u0000\u0000","PeriodicalId":158454,"journal":{"name":"Roczniki Administracji i Prawa","volume":"19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123177202","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}