Law and Administration in Post-Soviet Europe最新文献

{"title":"Some aspects of controlling compliance with regulations regarding processing of personal data in Poland","authors":"Tomasz A.J. Banyś, Joanna Łuczak","doi":"10.1515/LAPE-2017-0001","DOIUrl":"https://doi.org/10.1515/LAPE-2017-0001","url":null,"abstract":"Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data1 has introduced an obligation of each Member State to establish a supervisory authority responsible for monitoring the application within its territory of the provisions adopted by the Member States pursuant to the Directive2. Foundation of such authority and ensuring its status guaranteeing complete independence was seen by the European legislators as ‘an essential component of the protection of individuals with regard to the processing of personal data’3. In Poland, the only authority holding jurisdiction in personal data protection matters is the Inspector General for Personal Data Protection (‘Generalny Inspektor","PeriodicalId":244362,"journal":{"name":"Law and Administration in Post-Soviet Europe","volume":"15 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":"127712248","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":"Right to energy? The protection of vulnerable recipients on national and international level","authors":"Ilona Przybojewska","doi":"10.1515/lape-2017-0003","DOIUrl":"https://doi.org/10.1515/lape-2017-0003","url":null,"abstract":"What is actually well visible now is that the world is currently facing energy crisis that can be illustrated by at least two significant issues: the increasing dependence on import of energy sources and, arising therefrom, growing concern around the question of energy security. The first issue mentioned represents the problem that not only fails to be rectified, but actually becomes more and more acute. The present level of dependence of the European Union, taken in its entirety, amounts to approximately 50% and tends to attain higher levels. According to communication of the European Commission ‘European energy policy’1, level of dependence of the European Union from import of hydrocarbons will rise up to 65%, while dependence on import of gas will rise from 57% to 84%, and on import of oil from 82% to 93%. In the European Union there are no regulations determining the diversification thresholds, although it is widely accepted (at least theoretically) that supplies from one source should not amount to more","PeriodicalId":244362,"journal":{"name":"Law and Administration in Post-Soviet Europe","volume":"14 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":"123676727","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":"Translation of Polish Press Law Act","authors":"Anna Garczewska","doi":"10.1515/LAPE-2017-0002","DOIUrl":"https://doi.org/10.1515/LAPE-2017-0002","url":null,"abstract":"","PeriodicalId":244362,"journal":{"name":"Law and Administration in Post-Soviet Europe","volume":"16 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":"124855668","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 normative grounds and technical conditions of the secrecy of voting in Polish electoral law in the first years after the “Round Table”","authors":"Radosław Zych","doi":"10.1515/lape-2017-0006","DOIUrl":"https://doi.org/10.1515/lape-2017-0006","url":null,"abstract":"In this article I will examine how the normative acts ensured the observance of the secrecy of voting in the first years after the Round Table. The chronological framework of this article covers the years 1989–1992. In the countries of Central and Eastern Europe in the late 1980s and in the first half of the 1990s has began the process of democratization of social and political life. One of the important elements of the changes was the introduction of new electoral provisions that would allow the selection of representative bodies by free, universal, equal, direct and secret elections. The first elections were held under ordinances that were a compromise between the outgoing but still viable communist party and the opposition organized in various political organizations1.","PeriodicalId":244362,"journal":{"name":"Law and Administration in Post-Soviet Europe","volume":"43 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":"125738449","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 System of Constitutional Legal Rules in Poland after 1997","authors":"Jacek Przybojewski","doi":"10.1515/lape-2016-0006","DOIUrl":"https://doi.org/10.1515/lape-2016-0006","url":null,"abstract":"The fact that almost a quarter of a century ago formal solutions determining the transition to the democratic system were applied in Poland meant establishing new, widely demanded quality shaping the legal subjectivity of an individual. It was the result of introducing regulations setting standards typical for democracy, joining possible real influence of citizens on the political-legal reality in the state with the need of conscious participation in associated with this procedures, which were not used before. The more time passes, though, one can more clearly observe the dissonance between the legally determined means of citizen influence on the quality of governing, and the actual activity concerning this matter. It bears paradoxically amazing consequences, like the repetitive case of contesting democratically chosen authorities, whose composition is the result of socially approved attitudes and values, by significant groups of citizens. Thus, formal, system enactment of legal norms, even the ones undoubtedly right and beneficial for an individual, may bring only limited effects without wide comprehension of their meaning, and as a result their approval. From the perspective of democratic rules in power in the Republic of Poland it is more and more clearly visible that necessary, adequate in reference to the current political situation, changes in social judgments and behaviors, make a process that translates into a relatively slow evolution. The reasons for such a state of matters remain complex, though difficulty in or even unwillingness for transformations in mental sphere, shaped either directly or indirectly by the former system reality, remains the most significant of them, which results in practice of performing politics. The above mentioned conditionings enforce the need of consistent doctrinal search and methodological solutions directed at a real change of quality of perceiving by the Polish society the mechanisms of a democratic state and the potential role of an individual in it. The message referring to this ought to comprise the function of knowledge and thinking, i.e. skillfully join information on the basic democratic institutions with the actual comprehension of their role and significance. An attempt to create a relatively simple system of constitutional legal rules, whose normative foundations will lie in the content of the regulations in the Constitution, is a suggestion heading in this direction. The meaning of completing such an undertaking ought to be also sought in didactic references, since doctrinal generalizations should not, in this case, be the value of their own. DOI: 10.1515/lape-2016-0006","PeriodicalId":244362,"journal":{"name":"Law and Administration in Post-Soviet Europe","volume":"129 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122619091","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":"Changes in the Polish Education System after 1989","authors":"Emilia Czepczyńska","doi":"10.1515/lape-2016-0005","DOIUrl":"https://doi.org/10.1515/lape-2016-0005","url":null,"abstract":"Once Poland was re-established as a state after WWII, education law was undergoing perpetual changes. The structure of schools itself, as well as their types and the administration of education were frequently altered in particular. Apart from political parties, with completely distinct programs of education development in Poland competing with each other, the following issues have contributed to that state of affairs: firstly, economic and social changes, and secondly the geopolitical situation, connected at first with the fighting on the WWII fronts and the occupation, and subsequently, with the submission of the country to the Soviet Union and socialism.","PeriodicalId":244362,"journal":{"name":"Law and Administration in Post-Soviet Europe","volume":"19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117074241","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":"Stabilization of Zloty Within the Exchange Rate Mechanism II (ERM II) as an Alternative for the Floating Exchange-Rate Regime and the Unpopular Idea for Introducing Euro in the Polish Society","authors":"M. Redo","doi":"10.1515/lape-2016-0003","DOIUrl":"https://doi.org/10.1515/lape-2016-0003","url":null,"abstract":"The Eurozone currently includes 19 out of 28 European Union countries. Thus, Poland is in the minority of the EU countries that do not have euro. If one takes into consideration Bulgaria (currency board) and also Denmark (officially it is an exchange-rate with very low fluctuation margin towards euro +/0 2.25%) provides a fixed exchange-rate towards euro it turns out that Poland is in a small group of only six EU countries – Great Britain, Sweden, the Czech Republic, Hungary, Romania and Croatia whose economies, citizens and economic entities are in danger of everyday exchange rate fluctuation and costs resulting from such a state. It must be noted that it is 15 years since Polish economy transferred to the floating exchange-rate regime on the 12th of April, 2000. In practice it means everyday potentially limitless changeability of zloty’s rate as its level is decided on by the market. If the interest in zloty is bigger, it causes its appreciation, whereas if it is lower it leads to its depreciation. Aside from multi-dimensional analysis of advantages and costs of implementing euro which is not the subject of this overview, it must be noted that economic entities from Eurozone countries have been in better competitive position for over 16 years. This allows them functioning on a shared EU market. It is especially important in the case of Polish economy. Its currency was either very strong (2001 and 2008) or very weak (2003–2004 and 2008–2009) – chart 1. For example, two-and-half-year period of the zloty’s weakening towards euro lasting from the half of 2001 till the beginning of 2004 (for about 46% in the case of medium rate from the level of 3.36 PLN to 4.90 PLN for EUR), and then the almost five-year period of strengthening (for about 34% up to the level of 3.21 for EUR in July 2008) introduced Polish entrepreneurs (exporters and importers) as well as debtors (in foreign currency) to completely different conditions of functioning. It led, for example, to loses in the case of some contracts, issues with fluctuation or even insolvency and later on to limits in expansion on foreign markets, refraining from entering such markets and, as a result, to employment reduction or shortage of new work places, limiting consumption and investment with all spectrum of consequences for the country’s economic situation, level of affluence and financial situation of the country. Thus, the question about the accuracy of the floating exchange-rate regime as the best solution for Polish economy seems natural. That is why the main aim DOI: 10.1515/lape-2016-0003","PeriodicalId":244362,"journal":{"name":"Law and Administration in Post-Soviet Europe","volume":"45 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131676283","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 Role of New Legal Regulations in Creating Civil Society in Poland after 1989","authors":"A. Strzelecki","doi":"10.1515/lape-2016-0004","DOIUrl":"https://doi.org/10.1515/lape-2016-0004","url":null,"abstract":"Democratic legal state and civil society can be equaled. Civil society is able to function only on the basis of a favourable legal system, within which constitution, and within it, specialized institutions protecting civil rights and freedoms act. In Poland, after regaining in 1989 the actual independence, there was the need for the gradual and consequent introduction of reforms enabling to build the frames of a civil society from the basis. Firstly, the experience of democratic, developed states served as legal examples, next the acts of international law, including the law of the European Union. Therefore, several stages of constructing the civil society can be distinguished throughout the period of over 26 years, during which the state had been undergoing the reforms. The first period had lasted by the time the Constitution of the Republic of Poland was enacted in 1997. The next one covers the time between 1997 and 2001, when on the basis of the Constitution the institution of civil complaint was introduced and the development of above the level of commune (ponadgminny) forms of local self-government had place. The following years are marked with the regulation and the development of non-government organizations, complementary to the institutionalized possibilities of citizens’ activity. The introduced reforms made it possible to establish legal and institutional system indispensable for the functioning of the civil society, which does not mean that the further changes in the present legal system are not necessary. The above presented pondering aims at referring to the most significant legal reforms constructing both legal and institutional system of the civil society, including an attempt to assess their importance. The research method applied was formal and legal analysis of legal regulations, as well as the assessment of the views by eminent scholars presented in literature. The presented ponderings result also from the own research conducted within the area of local self-government, as well as the outcome of independent work of students.","PeriodicalId":244362,"journal":{"name":"Law and Administration in Post-Soviet Europe","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126883633","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 Election Crises in the United States and in Poland – the Role of the Supreme Courts","authors":"G. Górski","doi":"10.1515/lape-2016-0001","DOIUrl":"https://doi.org/10.1515/lape-2016-0001","url":null,"abstract":"In a democratic state where two powers supported by a relatively equal parts of the society struggle on political grounds, it is a frequent case that a conflict appears concerning the determination of the election result. Such a situation is not rare, thus there is the necessity of creating mechanisms solving arguments, since there must be a methodology of the definite determination of the elections outcome. Otherwise, the lack of this methodology might lead to deep, long–lasting political crises. In the recent years we could observe complications associated with this issue in numerous countries worldwide, and the example of the events Ukrainian so called “Orange Revolution” that happened at the end of 2004 and the beginning of 2005, is one of the symptoms of potential conflicts. In Poland the model of the validation of parliamentary and presidential elections results by the Supreme Court has been applied1. Regardless numerous opinions questioning this rule, it was acknowledged as the most optimal one. A similar model exists in the United States, although it does not, like in Poland, result from","PeriodicalId":244362,"journal":{"name":"Law and Administration in Post-Soviet Europe","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127216893","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":"Relations of the European Union law with Polish legal order","authors":"Jacek Przybojewski","doi":"10.1515/lape-2015-0003","DOIUrl":"https://doi.org/10.1515/lape-2015-0003","url":null,"abstract":"Although the primacy of the European Union law in relation to the legal orders of the member states both when it comes to judicial judgments and doctrines isn`t a controversial issue, there is a point in analyzing premises constructing this thesis, also basing on the Constitution of the Polish Republic. Th e essential legal regulations included in the Polish fundamental act referring to the sources of law and the hierarchical relations between them make the starting point for the considerationp.","PeriodicalId":244362,"journal":{"name":"Law and Administration in Post-Soviet Europe","volume":"33 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134218951","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}