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Evidence in the Proceedings before the Russian Influence Commission 俄罗斯影响委员会诉讼程序中的证据
Przegląd Prawa Administracyjnego Pub Date : 2023-10-17 DOI: 10.17951/ppa.2022.5.23-40
Łukasz Dubiński
{"title":"Evidence in the Proceedings before the Russian Influence Commission","authors":"Łukasz Dubiński","doi":"10.17951/ppa.2022.5.23-40","DOIUrl":"https://doi.org/10.17951/ppa.2022.5.23-40","url":null,"abstract":"In 2023, an act aimed at creating a legal framework for the establishment of a new public administration body entered into force, which, among other things, would conduct proceedings to investigate Russian influence on the internal security of the Republic of Poland in 2007–2022. Undoubtedly, in the context of this type of cases, the procedural institution of “evidence” will be of particular importance. Therefore, this concept has been adopted as the subject of analysis in this study in the context of its understanding described in the cited legal act and in juxtaposition with Article 75 § 1 of the Administrative Procedure Code.","PeriodicalId":298732,"journal":{"name":"Przegląd Prawa Administracyjnego","volume":"17 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-10-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139318249","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
Constitutional Principles of Electoral Law in Local Government Elections in Poland and European Solutions – Contribution to the Discussion 波兰地方政府选举中选举法的宪法原则和欧洲解决方案--对讨论的贡献
Przegląd Prawa Administracyjnego Pub Date : 2023-10-17 DOI: 10.17951/ppa.2022.5.171-187
Marek Woźnicki
{"title":"Constitutional Principles of Electoral Law in Local Government Elections in Poland and European Solutions – Contribution to the Discussion","authors":"Marek Woźnicki","doi":"10.17951/ppa.2022.5.171-187","DOIUrl":"https://doi.org/10.17951/ppa.2022.5.171-187","url":null,"abstract":"The subject of the article is an attempt to compare the constitutional principles of holding local government elections in Poland and in other EU countries. Preliminary studies of this issue indicate that in the case of elections of the constitutive bodies of local government units, three model solutions may be indicated: (1) lack of regulation of the principles of electoral law in the constitution, which means that the ordinary legislator is left with some freedom in regulation of this issue; (2) constitution regulates a limited catalogue of the principles of electoral law (usually two or three); (3) constitution regulates a full catalogue of the four fundamental principles of electoral law (universality, equality, directness, secret ballot). Similar remarks apply to executive bodies of local self-government units. The aim of the article is to classify Poland into one of the above-mentioned models and to try to answer the question of what were the premises behind such a regulation of this issue in the Constitution of the Republic of Poland of 2 April 1997.","PeriodicalId":298732,"journal":{"name":"Przegląd Prawa Administracyjnego","volume":"17 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-10-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139317820","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 Right to a Public Trial in the Context of the COVID-19 Pandemic in the Jurisprudence of the Supreme Administrative Court and the European Court of Human Rights 最高行政法院和欧洲人权法院判例中的 COVID-19 大流行病背景下的公开审判权
Przegląd Prawa Administracyjnego Pub Date : 2023-10-17 DOI: 10.17951/ppa.2022.5.91-110
Dorota Pawlicka
{"title":"The Right to a Public Trial in the Context of the COVID-19 Pandemic in the Jurisprudence of the Supreme Administrative Court and the European Court of Human Rights","authors":"Dorota Pawlicka","doi":"10.17951/ppa.2022.5.91-110","DOIUrl":"https://doi.org/10.17951/ppa.2022.5.91-110","url":null,"abstract":"The aim of the article is to discuss the right to public trial before Polish administrative court in the context of the COVID-19 pandemic, taking into account the legal solutions introduced during the pandemic, such as the Act of 2 March 2020 on special solutions connected with preventing, counteracting and combating COVID-19, other infectious diseases and crisis situations caused by them, the relation of the provisions of this legal act to the provisions of the Act of 30 August 2002 – Law on proceedings before administrative courts, the jurisprudence of administrative courts, the standpoint of the European Court of Human Rights in the context of the right to a public hearing, as well as the views of the doctrine. The considerations showed that despite the restriction of the right to open examination of an administrative court case and despite the inevitable imperfections, the introduced regulations regarding remote hearings and referral of cases to classified hearings enabled the efficient functioning of the administrative judiciary during the pandemic. The article is dominated by the formal-dogmatic method. An analysis of the case law of the Supreme Administrative Court and the European Court of Human Rights is also an important element.","PeriodicalId":298732,"journal":{"name":"Przegląd Prawa Administracyjnego","volume":"12 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-10-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139317849","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
Collecting Information from the Public Sector vs. the Economic Development of the Private Sector: Practical Analysis of the Issues, de lege ferenda Postulates 从公共部门收集信息与私营部门的经济发展:问题的实际分析,拟议法假设
Przegląd Prawa Administracyjnego Pub Date : 2023-10-17 DOI: 10.17951/ppa.2022.5.151-169
Bogusław Ulijasz, Magdalena Kuszmider
{"title":"Collecting Information from the Public Sector vs. the Economic Development of the Private Sector: Practical Analysis of the Issues, de lege ferenda Postulates","authors":"Bogusław Ulijasz, Magdalena Kuszmider","doi":"10.17951/ppa.2022.5.151-169","DOIUrl":"https://doi.org/10.17951/ppa.2022.5.151-169","url":null,"abstract":"In the modern world, information is of great importance, not only informative, but also economic. The public sector is an excellent source of information for both public and economic purposes. The article discusses the issue of obtaining public information for economic purposes and the issue of limiting this right. In connection with the current jurisprudence related to the reasons for limiting the right to public information – due to, i.a., the negative impact on the performance of statutory obligations in the public sector – the premises limiting the right in question were discussed. Undoubtedly, it should be emphasized that obtaining public information from the public sector affects economic development and the development of modern technologies. It should be added that the importance of the right to information as one of the fundamental human rights, as well as its development over the years, affects economic development to varying degrees and intensity. When carrying out a practical analysis of the subject matter, it is necessary to indicate the need for changes in legal regulations considering the social, economic, and technological factors. Such changes should be made with a balance between transparency, i.e. the value underlying the right of access to public information, and the impact on economic development and the economic interests of individual entities.","PeriodicalId":298732,"journal":{"name":"Przegląd Prawa Administracyjnego","volume":"121 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-10-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139317856","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
Additional Components of the Administrative Decision in the Labor Inspector’s Permit for a Child under 16 to Perform Work or Other Paid Activities 劳动监察员许可 16 岁以下儿童从事工作或其他有偿活动的行政决定的补充内容
Przegląd Prawa Administracyjnego Pub Date : 2023-10-17 DOI: 10.17951/ppa.2022.5.41-52
Iwona Gęsicka
{"title":"Additional Components of the Administrative Decision in the Labor Inspector’s Permit for a Child under 16 to Perform Work or Other Paid Activities","authors":"Iwona Gęsicka","doi":"10.17951/ppa.2022.5.41-52","DOIUrl":"https://doi.org/10.17951/ppa.2022.5.41-52","url":null,"abstract":"The procedure for obtaining permission for a child to perform labor is one of the guarantors of protection for a child performing labor. However, awareness of the need to obtain a child labor permit for children under the age of 16 under Article 3045 of the Labor Code is negligible, as can be seen by the number of requests for labor inspectors to issue permits. Permission for a child to perform work is an administrative decision within the meaning of Article 104 of the Administrative Procedure Code. The author stresses that it is good practice in issuing permits for the performance of work by a child to include additional components in the content of the decision, especially those containing arrangements for working conditions that take into account the welfare of the child.","PeriodicalId":298732,"journal":{"name":"Przegląd Prawa Administracyjnego","volume":"71 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-10-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139317916","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 Administrative Law and Legal Security of Citizens Małgorzata Szreniawska 行政法原则与公民的法律保障 Małgorzata Szreniawska
Przegląd Prawa Administracyjnego Pub Date : 2023-10-17 DOI: 10.17951/ppa.2022.5.127-135
Małgorzata Szreniawska
{"title":"Principles of Administrative Law and Legal Security of Citizens Małgorzata Szreniawska","authors":"Małgorzata Szreniawska","doi":"10.17951/ppa.2022.5.127-135","DOIUrl":"https://doi.org/10.17951/ppa.2022.5.127-135","url":null,"abstract":"The principles of administrative law are important to ensure the legal security of citizens. These principles are presented in the Administrative Procedure Code, but also in the Constitution of the Republic of Poland and in acts of international law. Individual rules deepen trust in the administration’s activities and are intended to foster the quality of the administration’s activities and better communication between a client and an official. The principles of administrative law are interrelated. Compliance with various principles of administrative law in the activities of administration affects the observance of the principle of good administration. Control, including instance control and judicial control of administration, plays a special role in ensuring compliance with the principles of administrative law.","PeriodicalId":298732,"journal":{"name":"Przegląd Prawa Administracyjnego","volume":"58 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-10-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139318171","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
Electronic Public Services for Citizens – an Outline of the Issues 面向公民的电子公共服务--问题概述
Przegląd Prawa Administracyjnego Pub Date : 2023-10-17 DOI: 10.17951/ppa.2022.5.137-150
Paweł Śwital
{"title":"Electronic Public Services for Citizens – an Outline of the Issues","authors":"Paweł Śwital","doi":"10.17951/ppa.2022.5.137-150","DOIUrl":"https://doi.org/10.17951/ppa.2022.5.137-150","url":null,"abstract":"The implementation of e-services is part of the development of informatization of public administration. Electronic public services are becoming increasingly important nowadays. In addition to the traditional provision of services, electronic administration is becoming one of the key forms of dealing with official matters. A number of legal provisions are being implemented, which are the basis for the implementation of e-services and allow for their use. Actions to change the approach to e-services were forced during the pandemic, which allowed for the acceleration of the process of change and approach to performing tasks by the administration using the Internet. A key role in the provision of electronic services is played by the Electronic Platform of Public Administration Services (ePUAP), which provides one of the largest amounts of e-services. The aim of the article is to define e-services and to demonstrate the legal basis for their implementation in Poland. In addition, the types of e-services, the ePUAP platform and its functionalities as a platform with which it is possible to provide electronic services are discussed. The work uses the dogmatic and legal method.","PeriodicalId":298732,"journal":{"name":"Przegląd Prawa Administracyjnego","volume":"275 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-10-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139317875","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 Design as an Approach to Legal Communication with People with Disabilities 将法律设计作为与残疾人进行法律交流的一种方法
Przegląd Prawa Administracyjnego Pub Date : 2023-10-17 DOI: 10.17951/ppa.2022.5.111-126
Hanna Spasowska-Czarny
{"title":"Legal Design as an Approach to Legal Communication with People with Disabilities","authors":"Hanna Spasowska-Czarny","doi":"10.17951/ppa.2022.5.111-126","DOIUrl":"https://doi.org/10.17951/ppa.2022.5.111-126","url":null,"abstract":"Legal exclusion is generally equated with unequal access to legal protection institutions and facilities; it is also understood as “a qualified type of discrimination created by law”. It turns out that in the sphere of legal systems, exclusion is largely caused by the law itself. There is a problem of certain social groups (e.g., people with disabilities) not benefiting from the rights granted to them, which is related, among other things, to the low level of legal awareness, the lack of understanding of the law, poor information on the applicable laws, or the high cost of legal counsel. Individuals, especially those with disabilities, do not always (despite assumptions to the contrary) realize that by participating in society, they become links in a chain of social relations regulated by law. One of the main obstacles to combating social problems is inadequate information on existing legislation and poor understanding of institutional and legal intricacies, which make excludable individuals know little about their rights and protections. Serious consideration should be given to simplifying certain solutions (e.g., applying the concept of legal design), which can become a method of preventing social and legal exclusion.","PeriodicalId":298732,"journal":{"name":"Przegląd Prawa Administracyjnego","volume":"16 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-10-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139317945","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
Some Remarks on the Origin of Substantive Administrative Law in Western Europe 关于西欧实体行政法起源的一些评论
Przegląd Prawa Administracyjnego Pub Date : 2023-10-17 DOI: 10.17951/ppa.2022.5.11-22
Karol Dąbrowski
{"title":"Some Remarks on the Origin of Substantive Administrative Law in Western Europe","authors":"Karol Dąbrowski","doi":"10.17951/ppa.2022.5.11-22","DOIUrl":"https://doi.org/10.17951/ppa.2022.5.11-22","url":null,"abstract":"The origin of substantive administrative law in the modern era in Western Europe would not have been possible without absolutism which interferes with many aspects of social life, the Enlightenment modernization paradigm, confessionalization forming the monarch’s position in the religious sphere, the implementation of the assumptions of eudaimonism and paternalism, the use of the document and the chancellery as tools of bureaucracy and monarchical legislation that gave legal norms a supra-class character.","PeriodicalId":298732,"journal":{"name":"Przegląd Prawa Administracyjnego","volume":"9 2 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-10-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139317796","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
Statutory Regulations on the Financial Economy of the National Bar of Attorneys-at-Law – Characteristics and Proposal for Classification 全国律师协会金融经济法定条例--特点和分类建议
Przegląd Prawa Administracyjnego Pub Date : 2023-10-17 DOI: 10.17951/ppa.2022.5.53-66
M. Kępa
{"title":"Statutory Regulations on the Financial Economy of the National Bar of Attorneys-at-Law – Characteristics and Proposal for Classification","authors":"M. Kępa","doi":"10.17951/ppa.2022.5.53-66","DOIUrl":"https://doi.org/10.17951/ppa.2022.5.53-66","url":null,"abstract":"The National Bar of Attorneys-at-Law is one of the self-governing professions of public trust, the establishment of which is provided for by the Constitution of the Republic of Poland, defining their functions. Financial economy is the material basis and tool for carrying out the statutory tasks of the self-government of legal advisors. Among the tasks of the National Bar of Attorneys-at-Law, a significant range are tasks of a public nature, which comprise the constitutionally defined functions of the self-governments of public trust professions. It would appear from the aforementioned that the statutory regulations on the financial economy of the National Bar of Attorneys-at-Law are of importance not only to the self-government and its members but also to individual entities, society, and the state. The norms contained in the Act on Attorneys-at-Law relating to financial management are not extensive, and at the same time they are internally diverse, which justifies this classification. The basic categories of statutory regulations on the financial economy of the National Bar of Attorneys-at-Law relate to the determination of sources of funding for its activities, authorizations for self-government bodies to issue intra-governmental acts on financial economy, budgets, and bodies with authority to implement and control financial economy. Due to the complex nature of the matter of financial economy, it is not possible to create completely separate divisions, and there are common elements between the proposed categories. Statutory regulations on the financial economy of local government do not completely regulate this economy and are to a significant extent supplemented by intra-governmental legal acts issued by local government bodies on the basis of the Act.","PeriodicalId":298732,"journal":{"name":"Przegląd Prawa Administracyjnego","volume":"29 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-10-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139317788","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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