Studia Prawa Publicznego最新文献

{"title":"Richard Pomahač, Rozhraní ústavního a správního práva (Styk prawa konstytucyjnego i administracyjnego), „Acta Universitatis Caolinae – Iuridica” 2021, vol. 67, no. 4 (opr. Karol Dąbrowski)","authors":"K. Dąbrowski","doi":"10.14746/spp.2022.3.39.11","DOIUrl":"https://doi.org/10.14746/spp.2022.3.39.11","url":null,"abstract":"Przegląd wybranych czasopism zagranicznych: Richard Pomahač, Rozhraní ústavního a správního práva (Styk prawa konstytucyjnego i administracyjnego), „Acta Universitatis Caolinae – Iuridica” 2021, vol. 67, no. 4, s. 45–59, DOI: 10.14712/23366478.2021.37","PeriodicalId":176818,"journal":{"name":"Studia Prawa Publicznego","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114381988","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":"Postępowanie z odpadami niebezpiecznymi w świetle prawa – wybrane zagadnienia","authors":"M. Górski","doi":"10.14746/spp.2022.3.39.7","DOIUrl":"https://doi.org/10.14746/spp.2022.3.39.7","url":null,"abstract":"Polish provisions on waste, following the example of EU regulations, lay down specific requirements relating to the handling of “hazardous waste”. These requirements, contained directly in the Act on waste of December 2012, are quite general in nature and are supplemented by requirements constructed in specific provisions. The analyses conducted in this study refer only to some general provisions of the Act on waste and concern selected problems that arise in the practice of applying these provisions. The main ones are the application of Art. 5 of the Act (prohibition of reclassification by mixing hazardous waste) to hazardous waste treatment processes and the application of Art. 21 sec. 1 of the Act on waste (no hazardous waste mixing) for hazardous waste treatment processes. Consequently, the issues analysed are encapsulated in the following questions 1) Can hazardous waste be subjected to recovery processes, especially recycling?; 2) In such processes, may operations be used that consist in mixing waste?; 3) Do the provisions of Art. 5 of the Act on waste relate to such process; 4) If such process do relate to Art. 5 of this Act, what is the relationship between Art. 5 and art. 21 sec. 1 of the Act? The main conclusion is that neither the provision of Art. 5 of the Act on waste nor the provision of Art. 21 sec. 1 of the Act apply to the mixing of hazardous waste carried out in the processes of their processing as an integral part of these processes.","PeriodicalId":176818,"journal":{"name":"Studia Prawa Publicznego","volume":"28 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125277063","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":"Zasady porządkujące życie społeczeństwa postindustrialnego dotyczące sektora publicznego","authors":"M. Majewska","doi":"10.14746/spp.2022.3.39.5","DOIUrl":"https://doi.org/10.14746/spp.2022.3.39.5","url":null,"abstract":"The aim of this article is to identify the main principles for how the public sector functions in a post-industrial society. The research method adopted was a meta-analysis of the results of research by various authors on the issues of managing the developmentof post-industrial society. The subject of the meta-analysis was primarily literature in the field of knowledge management, development economics and new growth theories. The post-industrial society presented in the article appears as a land of happiness, where everyone works together to multiply the common good, guided by the following principles: knowledge gives access to power because post-industrial society is a meritocracy; social standing depends on diligence and willingness to take advantage of the offers of the educational system; the role of the state is to provide and safeguard open access to the ruling elite for anyone who wishes to learn and improve their conduct by developing objectively formulated, fair and impartial procedures for filling public sector positions. Decision-makers, i.e. those who have power, are not only professionals but also people who put the common good before self-interest. Representatives of the science sector set the directions of state policy and prepare strategies for achieving them. The science sector is independent of government and business, which is manifested in the freedom of to teach and conduct research. Social inequalities are being tackled and citizens can monitor the spending of public funds, since we are dealing with a welfare state. The prevailing political system is participatory democracy. Citizens participate in the life of society on an equal footing, and decisions about the future of society are consulted with them. Political decentralization in the management of public administration is common.","PeriodicalId":176818,"journal":{"name":"Studia Prawa Publicznego","volume":"88 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126195739","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":"Funkcje oraz zadania samorządu zawodowego komorników sądowych","authors":"P. Rączka, Karol Kosiński","doi":"10.14746/spp.2022.3.39.4","DOIUrl":"https://doi.org/10.14746/spp.2022.3.39.4","url":null,"abstract":"The professional self-government, as a component of the decentralised public authority, is an institution which derives its legitimacy from the supreme legal act, the Constitution of Poland. Its basic framework is set out in Article 17(1) of the Constitution, according to which: “By means of a statute, self-governments may be created within a profession in which the public repose confidence, and such self-governments shall concern themselves with the proper practice of such professions in accordance with, and for the purpose of protecting, the public interest”. The ratio legis of this regulation is the possibility of statutory entrustment of certain professional corporations with the performance of public tasks in authoritative forms appropriate for public administration. This study presents of the functions and tasks that the legislator has provided for the professional self-government of judicial officers. Currently, the provision regulating the tasks performed by the judicial officers’ self-government is Article 195 of the Act of 22 March 2018 on judicial officers, according to which the tasks of the judicial officers’ self-government include in particular: 1) supporting the administrative supervisory bodies in supervising the conscientious performance of service by judicial officers and the proper performance of duties by assessors and trainees, 2) participating in ensuring the conditions for the performance of the statutory tasks of judicial officers, 3) representing judicial officers and assessors, 4) the professional development of judicial officers and assessors, and participation in the training of trainees, 5) establishing and promoting the principles of professional ethics and ensuring their observance, 6) conducting research into the functioning of judicial enforcement. The authors analyse the normative material regulating the issue in question. Looking through the prism of theoretical concepts of professional self-government, they also assess the legitimacy of the solutions adopted by the legislator. Consequently, they make de lege lata remarks and de lege ferenda postulates.","PeriodicalId":176818,"journal":{"name":"Studia Prawa Publicznego","volume":"42 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132235449","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":"Svitlana Ozeranska, Systematization of Monopolies as a Condition for Effective Legal Limitation of Monopolism, „European Political and Law Discurse” 2021, vol. 8, iss. 6 (opr. Karol Dąbrowski)","authors":"K. Dąbrowski","doi":"10.14746/spp.2022.3.39.12","DOIUrl":"https://doi.org/10.14746/spp.2022.3.39.12","url":null,"abstract":"Przegląd wybranych czasopism zagranicznych: Svitlana Ozeranska, Systematization of Monopolies as a Condition for Effective Legal Limitation of Monopolism (Usystematyzowanie monopoli jako warunek efektywnego prawnego ograniczenia monopolizacji), „European Political and Law Discurse” 2021, vol. 8, iss. 6, s. 63–66, DOI: 10.46340/eppd.2021.8.6.10","PeriodicalId":176818,"journal":{"name":"Studia Prawa Publicznego","volume":"183 2","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"113960082","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":"Administracyjne kary pieniężne w ustawie o produktach kosmetycznych a dyrektywy wymiaru kary z art. 189d Kodeksu postępowania administracyjnego","authors":"Agnieszka Żywicka, M. Wierzbowski","doi":"10.14746/spp.2022.3.39.2","DOIUrl":"https://doi.org/10.14746/spp.2022.3.39.2","url":null,"abstract":"Within the legal system applicable in the Republic of Poland, it is the Act on cosmetic products of 4 October 2018 that regulates the supervision and supervisory measures in the market for such products. The domestic scheme of market supervision in respect of cosmetic products involves the competencies of the State Sanitary Inspectorate and the Trade Inspectorate. These bodies have been equipped with supervisory measures in the form of administrative sanctions, the most severe of which are financial administrative penalties imposed on business entities under their administrative criminal liability. The ratio legis of this legislative act is based on the premise that the appropriate level of protection of public interest (consumer health and life protection) may be best achieved through the preventive and repressive character of fines. The article substantiates the claim that effective supervision (which provides an appropriate level of consumer health and life protection) determines that supervisory bodies employ financial administrative penalties in judicial matters only if the directives on the penalty extent are understood correctly. This article constitutes a dogmatic and legal analysis of the statutory premises which determine the extent of financial administrative penalties imposed by supervisory bodies (the so-called ‘directives on the penalty extent’) on entrepreneurs within the cosmetics industry under the scheme stipulated in the Act on cosmetic products of 4 October 2018. The article aims to present how these premises are understood and applied in judicial matters by the State Sanitary Inspectorate and the Trade Inspectorate. It is the correct understanding and application of these premises (directives) for the extent of financial administrative penalties that result in the appropriate behaviour on the part of the entrepreneur during the course of the proceedings. This, in turn, is a direct consequence of the extent and severity of the administrative monetary penalty, as it has a preventive and repressive function.","PeriodicalId":176818,"journal":{"name":"Studia Prawa Publicznego","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127864069","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":"Piotr Szulc, Decyzja o warunkach zabudowy. Studium z zakresu prawa administracyjnego, seria Monografie Prawnicze, Wydawnictwo C.H. Beck, Warszawa 2022 (opr. Paulina Jachimowicz-Jankowska)","authors":"Paulina Jachimowicz-Jankowska","doi":"10.14746/spp.2022.3.39.10","DOIUrl":"https://doi.org/10.14746/spp.2022.3.39.10","url":null,"abstract":"Przegląd polskich opracowań naukowych: Piotr Szulc, Decyzja o warunkach zabudowy. Studium z zakresu prawa administracyjnego, seria Monografie Prawnicze, Wydawnictwo C.H. Beck, Warszawa 2022, ss. 192, ISBN 978-83-8235-397-6","PeriodicalId":176818,"journal":{"name":"Studia Prawa Publicznego","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127044695","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":"Geneza i rozwój koncepcji wolności gospodarczej w ujęciu historyczno-prawnym","authors":"M. Kowalewski","doi":"10.14746/spp.2022.3.39.6","DOIUrl":"https://doi.org/10.14746/spp.2022.3.39.6","url":null,"abstract":"The aim of the article is to define the concept of economic freedom, using the ideas of the most important representatives of this doctrine. The article refers to the chronology and development of the concept of economic freedom, as well as the evolution of the policy of economic freedom along with the specification of the legal foundations determining the status of economic freedom over the centuries. The author refers only to the most important concepts for the issue in question, focusing on: (1) issues related to economic law and economic freedom or (2) aspects relevant to it in a given period. The initial thesis of the research is that economic freedom policy is a dynamic area, as evidenced by the multitude of legal acts implemented or amended every few years. Where specific legal phenomena are studied and need to be qualified at the same time, reference has been made primarily to the existing stock of well-known institutions. Economic freedom is a topic that has been the subject of lively discussion for many years. At its core, at various times, there were difficulties in determining (defining) economic freedom and its position in a given state. The political transformations lasting hundreds of years have caused economic changes in the state, accompanied by legal problems. The issue of economic freedom is related to the formation of relations between various entities operating on the territory of the state, and especially to how the state as an institution relates to entrepreneurs. Economic freedom has a significant impact on modern states, often leading to a change in their organizational model. For this reason, questions arise: What is economic freedom? What was its evolution? What is the attitude of the state to economic freedom? To what extent is economic freedom de facto “freedom” and what does it mean?","PeriodicalId":176818,"journal":{"name":"Studia Prawa Publicznego","volume":"22 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130028665","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":"Glosa do postanowienia Naczelnego Sądu Administracyjnego z 6 lipca 2016 r., sygn. akt. I OSK 1516/16","authors":"Kamil Reczek","doi":"10.14746/spp.2022.3.39.8","DOIUrl":"https://doi.org/10.14746/spp.2022.3.39.8","url":null,"abstract":"In its judgment of 6 July 2016, I OSK 1516/16, the Supreme Administrative Court ruled that proceedings initiated by the complaint referred in Art. 68 of the Act on Vehicle Drivers by a person subjected to a driving test is an administrative proceeding for the invalidation of the state driving test, which, pursuant to Art. 72 Clause 1 of the Act on Vehicle Drivers, should be concluded by an administrative decision. This means that the test taker has the right to challenge the conduct of a driving test in jurisdictional administrative proceedings, because he or she is entitled to initiate proceedings for its invalidation. It is a new, precedent-setting and favorable view for the examinee. Although it is also socially significant, because it concerns a common matter, it is impossible to agree with it, because in accordance with the intention of the legislator, the examinee is not entitled to initiate such proceedings. He or she only can signal in the complaint procedure specified in Section VIII of the Act of 14 June 1960 the Code of Administrative Procedure to the voivodeship marshal the need to initiate such proceedings ex officio.","PeriodicalId":176818,"journal":{"name":"Studia Prawa Publicznego","volume":"35 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132617234","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":"Sprawozdanie z XXII Niemiecko-Polskiego Kolokwium Prawników-Administratywistów „Ochrona klimatu jako wyzwanie dla prawa administracyjnego w Europie”, Poznań, 23–24 września 2022 r. (opr. Filip Lewandowski)","authors":"F. Lewandowski","doi":"10.14746/spp.2022.3.39.13","DOIUrl":"https://doi.org/10.14746/spp.2022.3.39.13","url":null,"abstract":"Sprawozdanie z XXII Niemiecko-Polskiego Kolokwium Prawników-Administratywistów „Ochrona klimatu jako wyzwanie dla prawa administracyjnego w Europie”, Poznań, 23–24 września 2022 r.","PeriodicalId":176818,"journal":{"name":"Studia Prawa Publicznego","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130549918","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}