Law and Administration in Post-Soviet Europe最新文献

{"title":"Constitutional Resilience Between Rupture of History and Continuity of Resistance","authors":"Alessia J. Magliacane","doi":"10.2478/lape-2019-0002","DOIUrl":"https://doi.org/10.2478/lape-2019-0002","url":null,"abstract":"Abstract The overture of the paper provides a brief survey of the philosophical positions (from Aristotle to the contemporary debate) focusing the conjecture of the legal and constitutional continuum as a problematic presupposition of theories of constituent power. The positions of the authors that we can call as continuist authors (up to Kelsen and the neo-normativism, including Soviet jurists and theorists of the constitutional cycles) constitutes the dominant part of the theoretical evolution. We discuss it (respectfully) even if we openly criticize it, with a peculiar debate involving that other position called as discontinuist (whose authors are especially Marxists philosophers, anti-fascist intellectuals like Piero Gobetti, and their references in philosophy such as Leibniz and Vico). In the first movement of the paper, we reconstruct the equivoque at the basis of the conjecture of the continuum. It corresponds to a «three-time» scheme of constitutional dynamics: (revolutionary) rupture – transition – constitution. This structure makes useless (conceptually unusable, and perhaps sources of logical contradictions) both rupture and transition. The second and final movement underlines the theoretical demand to consider the transition and the constitution as coextensive domains. Transition is, in other words, already Constitution, and the constitution is always a transition. To the latter ones, we introduce and add another phenomenon characterizing the historical phase of the transition, namely the Resistance. The fact of resistance escapes the constitutionalisation, and imposes upon the latter a necessary character of transition.","PeriodicalId":244362,"journal":{"name":"Law and Administration in Post-Soviet Europe","volume":"20 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132865705","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":"Constitutional Sources of Law in the Russian Federation on the Basis of Acts Regarding the Conservation","authors":"M. Micińska","doi":"10.2478/lape-2019-0007","DOIUrl":"https://doi.org/10.2478/lape-2019-0007","url":null,"abstract":"Abstract The constitutional catalogue of the sources of law, clear and unambiguous division of acts into commonly binding and internal ones, is of fundamental meaning for the realization of the state of law rules, i.e. legalism and the rule of law, from the perspective of European democracies. Since it is the essence of every democratic legislation to base its functioning on the law established by organs that have been assigned for that aim, binding its addressees and executed by public authorities, also with the use of the means of coercion. This article aims at presenting the outline of the constitutional system of the sources of law in the Russian Federation and illustrating it, as much as it is possible, with acts regarding the conservation of the environment. In particular, the objective of this work is to determine the name of a given source, an organ competent to issue it, its function and position in the hierarchy, as well as the rule of promulgation. The key research issue here is the distinguishing between the sources of commonly binding law and the ones of internal law, as the regulation of the Russian Federation Constitution does not preordain explicitly. Yet this issue is of crucial significance when it comes to the status of law subjects. Acts of internal character may be directed merely at organizational units submitted to an organ issuing the acts and may not directly regulate the sphere of rights and obligations, neither constitute the bases of decisions concerning citizens, legal entities or other subjects.","PeriodicalId":244362,"journal":{"name":"Law and Administration in Post-Soviet Europe","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114456238","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 Perspective of the Reform of the Constitution of Spain in View of the Institutional Status of Autonomous Communities","authors":"Michał Z. Dankowski","doi":"10.2478/lape-2019-0001","DOIUrl":"https://doi.org/10.2478/lape-2019-0001","url":null,"abstract":"Abstract Spain according to the Constitution of 1978 is a unitary state, but its whole territory is divided into autonomous communities that have the widest rights from equivalent territorial units in other European countries. The Constitution restored the possibility of creating regional autonomies, which were abolished earlier during the Franco dictatorship. However, the basic law was adopted before the foundations of regional structures were fully developed, so norms concerning the issues of autonomy were dictated in a general way. Only later legal acts regulated the situation in detail, but often their content depended on the political situation and was not always homogeneous. The creators of the Constitution did not foresee the subsequent forming of autonomous communities in the entire state territory. For over four decades of validity of the Spanish constitution, differences in the way the individual autonomous communities were established and differences in the competences of different regions have emerged. Some autonomous governments have also begun to expand their rights at the expense of the central authorities. The above factors caused a lively discussion among lawyers and politicians over the necessity of constitutional reform in the scope of the territorial system of Spain.","PeriodicalId":244362,"journal":{"name":"Law and Administration in Post-Soviet Europe","volume":"200 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131797472","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":"Objectives, tactics, and actions of communist authorities towards the Christian religious minorities between 1945 and 1956","authors":"W. Sławiński","doi":"10.2478/lape-2018-0005","DOIUrl":"https://doi.org/10.2478/lape-2018-0005","url":null,"abstract":"The article aims at presenting the outline of the tactics applied by the communist authorities towards religious minorities. Its ultimate aim was, regardless of whether we consider it to be a real plan or not, the liquidation of the institutional form of religions (Churches), and later on the religion per se. The below presented theses ought to be regarded as an invitation to the discussion and completion of suggested conclusions, or revision, or the criticism proving their inadequacy.","PeriodicalId":244362,"journal":{"name":"Law and Administration in Post-Soviet Europe","volume":" 386","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131976518","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 preventive inspection of employees on the presence of alcohol in the light of the Act on Upbringing in Sobriety and Alcoholism Prevention","authors":"J. Meler","doi":"10.2478/lape-2018-0002","DOIUrl":"https://doi.org/10.2478/lape-2018-0002","url":null,"abstract":"For the last few years there has been a discussion in the society, including legal circles, on the admissibility of preventive inspection of employees for their sobriety in their workplace. Nowadays, no one questions the rights of an employer to order an employee who is rightfully suspected of consuming alcohol at his workplace to restrain from work1. Moreover, according to the justification of the Supreme Court decision from 22nd September 20042, in case of the rightful suspicion of consuming alcohol by an employee, or his presence at the workplace in the state of intoxication, an employer, which also is not questioned, has the right to measure the concentration of alcohol in an emplyoee`s body, allowing him at the same time the verification of the conducted examination according to art. 17 of the Act from 26th October 1982 on Upbringing in Sobriety and Alcoholism Prevention (further on referred to as the Act","PeriodicalId":244362,"journal":{"name":"Law and Administration in Post-Soviet Europe","volume":"181 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129344853","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 external debt overhang problem as a threat to global financial security","authors":"M. Redo","doi":"10.2478/lape-2018-0004","DOIUrl":"https://doi.org/10.2478/lape-2018-0004","url":null,"abstract":"The aim of the study is to analyze the external debt’s level in countries all over the world and to indicate that credibility is one of the most important factors which limit countries’ access to external financing, its cost and determine vulnerability of those countries to shocks. On the basis of the analysis of statistic data an international comparison was made with the use of the inductive reasoning methodology. The study also overviews the threats triggered by the external debt overhang issue, not only in the case of indebted countries but also for financial security of global economy. According to International Monetary Fund (IMF) data, global debt of the nonfinancial sector at the end of 2015 reached USD 1521 trillion (which is 225% of world GDP2), where 2/3 comes from private sector debt. Even though it is stressed that public debt is not","PeriodicalId":244362,"journal":{"name":"Law and Administration in Post-Soviet Europe","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125344291","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":"Regional Differences in Wage in Some European Countries","authors":"Paweł Antoszak","doi":"10.2478/lape-2018-0001","DOIUrl":"https://doi.org/10.2478/lape-2018-0001","url":null,"abstract":"Problems remuneration are fundamental and important issues of the modern economy and economics. It concerns the human factor and provided by his work and the expectations of employees with the work-related in the form of wages. Attitudes and behavior of people and involving their actions, skills and knowledge „translate” the same time for certain expenditures and tangible effects as in the economy as a whole system and in each of its divisions or business organizations. Among the various aspects of the evolution of wages in a market economy deserves special attention regional wage differentiation in selected European countries. It is when the result of various factors: demographic – social (including age, sex and education) and economic (economic development, labor market situation, the economic attractiveness). Knowledge of the level and diversity of remuneration for the work may be used in the European economy (and so the scale microand macro) to efforts to increase efficiency and improve the competitive position of enterprises and to a more rational management of human resources in the region and country1. Level, dynamics and relationships wage in business organizations depend on the situation on the labor market, and thus require a detailed and continuous monitoring and analysis and evaluation. Wage differentiation points because among other things, how much should be paid to different positions in order to obtain, among others, employees with the desired qualifications. In Europe, the current notice at the same time and a situation in which there are professional and social groups that achieve relatively diverse and high level of income. For example. There are already people who within a month time, they are able to earn more than others for a lifetime. This situation raises specific discussions and emotions in different environments. The more that a dozen or so years ago, differences in income, including wage and were small2. Also, the level, relation-","PeriodicalId":244362,"journal":{"name":"Law and Administration in Post-Soviet Europe","volume":"69 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127279433","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":"Legal possibilities of carbon capture and storage in Poland","authors":"Ilona Przybojewska","doi":"10.2478/lape-2018-0003","DOIUrl":"https://doi.org/10.2478/lape-2018-0003","url":null,"abstract":"An obvious and widening discrepancy appears between the major aims of the climate policy of the European Union and situation of countries such as Poland, which, to the broad extent, take advantage of their domestic coal resources within their energy mix. The vicious circle connected with energy basket dominated by that resource consists in the fact that the more the coal is being relied on (and, at the same time, the more the energy security of a given country is increased – as even in case of insufficient domestic resources, coal is relatively cheap and can be purchased elsewhere), the biggest problem there appears with regard to compliance with targets of greenhouse gases emissions reductions. Assuming that the price for an emission quota attained 20 euro, the cost of production of energy from coal would double1. The aforementioned targets get more and more acute as the European Union policy in this respect, deliberately overlooking the impression which","PeriodicalId":244362,"journal":{"name":"Law and Administration in Post-Soviet Europe","volume":"219 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131493410","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":"High public debt servicing costs for the agency model of debt management in Poland","authors":"M. Redo","doi":"10.1515/lape-2017-0004","DOIUrl":"https://doi.org/10.1515/lape-2017-0004","url":null,"abstract":"Every year, Poland closes its State budget with deficits. Those have amounted to 24–42 billion of PLN in the last 16 years. What is more, the entire public finance sector deficits were, up to 2015, even higher – which explains more frequently published statistics related to the State budget deficit in contrast to the entire public finance sector. The finances of the entire public finance sector in the years 2009–2011 were closed with significantly high deficits (public finance sector deficit reached over PLN 85bn in 2010). General government deficit amounted to 7,3% of GDP (2010–2011). The year of 2001 is especially worth noting, as that is when the discipline of public finance relaxed in Poland. State budget deficit doubled in contrast to the previous year (also in relation to GDP) and has not decreased ever since. It is not denied by the period 2006–2007, when State budget deficit decreased significantly. It must be noted that this was time of prosperity in both Poland and worldwide – Poland noted GDP growth of almost 7%, and despite significant increase in tax revenue, Poland did not manage to achieve budget surplus. It is worth mentioning that 12 from 28 UE countries succeeded to generate general government surpluses in 2007, and 10 countries in 2006 (tab. 1). Tab. 1. State budget deficit, public finance sector deficit and general government deficit in Poland in the years 2000–2016","PeriodicalId":244362,"journal":{"name":"Law and Administration in Post-Soviet Europe","volume":"35 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121786736","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":"On the election system from the perspective of the experience of the National Electoral Commission member","authors":"Zbigniew Szonert","doi":"10.1515/lape-2017-0005","DOIUrl":"https://doi.org/10.1515/lape-2017-0005","url":null,"abstract":"I had been working in the National Electoral Commission as its member between 1995 and 2003, hence the experience from that period allows forming conclusions de lege ferenda concerning constitutional system foundations of this very substantial organ, which the National Electoral Commission undoubtedly is, in democratic state of law. The conclusions which were formed in the mentioned period by the managerial bodies of the National Electoral Commission, and have not only remained up-to-date, but are also the evidence of perspicacity and wisdom of the individuals who were forming them while working on the project of the new Polish Constitution. At that time I was holding simultaneously the post of a judge of the Supreme Administrative Court and a membership of the National Electoral Commission. The function of the head of the National Electoral Commission was held subsequently by Judge Wojciech Łączkowski and Judge Ferdynand Rymarz. Both Gentlemen were the judges of the Constitutional Tribunal, highly competent lawyers, and individuals of noble personalities. These in particular made the atmosphere of work in the nine-person panel of the National Electoral Commission filled with the sense of responsibility for taking, frequently hard, decisions. It was them who should take merit for the fact that in those days the National Electoral Commission was perceived as the undisputable authority in the society, as well as government and political circles. Recalling the atmosphere of work and the high level of the matter of state discussions during meetings of the National Electoral Commission its head at that time, Judge Ferdynand Rymarz, wrote,” The head of the National Electoral Commission was but a primus inter pares (the first amongst the equals) and his vote was formally and actually equal with the other members`. I held strictly to this rule and did not impose my views on the others. In discussions I presented my opinion as the last one”1. Such a distance towards so eminent a state post, branded with the sense of personal dignity and responsibility, was a characteristic feature of the heads of the National Electoral Commission, who acting this way were role models of ethics and morality worth being followed. On October 3, 1995, at a meeting of the National Electoral Commission an MP Irena Lipowicz","PeriodicalId":244362,"journal":{"name":"Law and Administration in Post-Soviet Europe","volume":"197 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131583981","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}