Przegląd Prawa Administracyjnego最新文献

{"title":"Conditions for Medical Use of Marijuana in Poland – Aspects of Administrative Law","authors":"M. Kuna","doi":"10.17951/PPA.2019.2.81-93","DOIUrl":"https://doi.org/10.17951/PPA.2019.2.81-93","url":null,"abstract":"Since the criminalization of the use of marijuana in Poland, introduced in 1985, various controversies and understatements have been taking place, as a result of which it was punishable to use this substance also for medical purposes. Th subject of the article is the analysis and assessment of administrative and legal solutions adopted by the legislator, in particular changes from November 1, 2017, formally permitting the legal marketing of marijuana as a pharmaceutical raw material, as well as its use in the treatment and alleviation of symptoms accompanying specific diseases. Th issues discussed were presented on the basis of European law, current legal regulations contained, among others, in the Pharmaceutical act of September 6, 2001, and in the act on counteracting Drug addiction of July 25, 2005, as well as regulations issued on their basis. In the final part of the article, de lege lata, proposals of factual and legal solutions are presented, aimed at actually facilitating the medical use of marijuana to patients.","PeriodicalId":298732,"journal":{"name":"Przegląd Prawa Administracyjnego","volume":"267 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-11-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116245731","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":"Report on the International Scientific Conference “Domestic, European Union and International Standards in Legal Protection of Animals”, Lublin, October 17, 2019","authors":"Hanna Spasowska-Czarny","doi":"10.17951/PPA.2019.2.189-194","DOIUrl":"https://doi.org/10.17951/PPA.2019.2.189-194","url":null,"abstract":"","PeriodicalId":298732,"journal":{"name":"Przegląd Prawa Administracyjnego","volume":"24 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-11-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121437255","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":"Evolution of Polish Legal Regulations Devoted to the Issue of Licensing Business Activities","authors":"Agnieszka Wołoszyn-Cichocka","doi":"10.17951/PPA.2019.2.163-180","DOIUrl":"https://doi.org/10.17951/PPA.2019.2.163-180","url":null,"abstract":"The concession is considered to be the most important and most distressing form of business activity control for the entrepreneur. In the Polish legal order, it was the subject of regulation of every legal act which was considered to be the so-called economic constitution. The purpose of this study is to bring closer Polish legal regulations devoted to the issue of licensing business activities from the interwar period to the current law. Particular emphasis should be placed on how to regulate concessions in the applicable Entrepreneurs Law, which significantly differs from previous legal regulations. The legislator’s intention was to create an act of a very general nature, regulating only problems of fundamental importance for the issue of concessions. Other issues are regulated by special laws.","PeriodicalId":298732,"journal":{"name":"Przegląd Prawa Administracyjnego","volume":"72 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-11-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128885364","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":"Suspension of Administrative Court Proceedings Due to Extraordinary Administrative Proceedings","authors":"Jakub Polanowski","doi":"10.17951/PPA.2019.2.125-148","DOIUrl":"https://doi.org/10.17951/PPA.2019.2.125-148","url":null,"abstract":"Art. 124 § 1 point 6 in conjunction with Art. 56 of the Act on Proceedings Before Administrative Courts should be understood in accordance with Art. 2 and 45 of the Polish Constitution, in such a way that the suspension of proceedings on this basis requires prior consideration of all the circumstances of the case, including the circumstances justifying its immediate examination. This especially applies to cases where the court finds the possibility of abuse of procedural law. The circumstances which constitute the basis for the suspension of court proceedings, pursuant to Art. 125 § 1 point 1 of the Act on Proceedings Before Administrative Courts, must objectively condition the court’s decision. When applying the above-mentioned provisions, the court is obliged to consider the effects of possible waiting for a decision on a preliminary ruling. The purpose of the article is to draw attention to the need for a rational adjudication on the suspension of court and administrative proceedings, in order to maintain the principle of the speed of proceedings.","PeriodicalId":298732,"journal":{"name":"Przegląd Prawa Administracyjnego","volume":"108 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-11-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129371167","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":"Issues on the Definition of Administrative-Legal System of Principles for Regulation of Natural Monopoly Subjects’ Activities in the Sector of Electric Power Engineering in Ukraine","authors":"A. V. Berlach","doi":"10.17951/PPA.2019.2.11-21","DOIUrl":"https://doi.org/10.17951/PPA.2019.2.11-21","url":null,"abstract":"The article deals with the analysis of modern scientific views on determining the content of the principles for legal regulation development. In particular, the author investigates issues of administrative and legal regulation of natural monopoly entities activity in the field of electric power engineering in Ukraine. Ths way of author’s approach can be explained by the peculiarities of relations in the sector of electric energy production in Ukraine. These peculiarities include: the necessity to regulate competition on electricity market, prevention of corruption and other negative consequences of the monopoly, as well as the increasing of investment attractiveness in the electric power sector. Th author shows that the relevance of this research is determined by the dynamic development of legislation within this industry along with conditions of legal relations in the field of electricity, in particular, the launch of new entities into the electricity market. There it is shown that the current legislation of Ukraine defines the relevant standards of functioning of the electricity market, concerning general approaches to the content of state policy in this sector of economy. At the same time, it was emphasized that the system of principles for administrative and legal regulation of the subjects of natural monopolies activity in the field of electricity is subject to further investigation. The content of sectoral legislation governing the electricity sector and anti-monopoly one that defines the legal status of natural monopoly entities are analyzed in detail. It is shown that at present time the authorities that are to legislate these principles have established them just in some certain areas of administrative and legal regulation in this field without proper systematic and scientifically grounded approach. According to the author’s idea, such a situation may complicate the law enforcement practice, since the question of the application of a particular system of principles remains dim. Th author has formulated the conclusion on the need for improvement of sectoral legislation, which would ensure balance of interests between manufacturers and consumers of electricity, taking into account the whole economic system of the country.","PeriodicalId":298732,"journal":{"name":"Przegląd Prawa Administracyjnego","volume":"300 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-11-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128620215","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 Status of a Non-Profit Organization and Its Impact on the Mode of Initiating Proceedings under Art. 7 (3) of the Polish Animal Protection Act","authors":"Emilia Kudasik-Gil","doi":"10.17951/PPA.2019.2.69-80","DOIUrl":"https://doi.org/10.17951/PPA.2019.2.69-80","url":null,"abstract":"The article focuses on the issue of the legal status of a non-profit organization, whose statutory purpose is to protect animals in the administrative proceedings under Art. 7 (3) of the Polish Animal Protection Act, which is the subject of discrepancy of interpretations in the jurisprudence of administrative courts. The institution of temporary collection of an animal regulated in Art. 7 (3) of the Polish Animal Protection Act is of fundamental importance for humanitarian protection of animals in Poland. In theory it consists of taking away the mistreated animal from its owner and subsequent confirmation of that fact through the administrative decision issued by the executive body of the municipality. The study deals with the problem of its legal interest in the proceedings and, as a consequence, it analyses its position as a party or entity as a party in the proceedings. Determining the status of a non-profit organization in proceedings is crucial for resolving another problem raised in the article, namely the mode in which proceeding under Art. 7 (3) of the Polish Animal Protection Act is being initiated.","PeriodicalId":298732,"journal":{"name":"Przegląd Prawa Administracyjnego","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-11-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128284145","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":"Reputation of a Local Government Unit – Legal Aspects","authors":"Wojciech Szczotka","doi":"10.17951/PPA.2019.2.149-162","DOIUrl":"https://doi.org/10.17951/PPA.2019.2.149-162","url":null,"abstract":"The issue of reputation of a local government unit is located on the border of two important branches of law – civil and administrative. Reputation is a category of civil law – it is a personal right vested in legal persons, while the issue related to local government units concerns institutions in the field of administrative law. Reputation of a local government unit may be violated in two cases. Th first of them consists in spreading false information about the entity, which also undermines its reputation. In the second case, there is a violation of good name when publishing evaluative statements in which the respective subject is criticized, lacking in the constructive feature. In order for the reputation of a municipality, poviat or voivodeship to be violated, it can be addressed to both their organs, self-government organizational units and their employees, as well as the general public of their residents as well as a local government unit as an unspecified whole. Local government units have the same legal remedies as all other civil law entities provided for in the Civil Code, i.e. claims under Art. 24 and 448.","PeriodicalId":298732,"journal":{"name":"Przegląd Prawa Administracyjnego","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-11-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131122143","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 Idea of the Construction Police in the Historical Perspective against the Background of the German Legal Culture","authors":"K. Dąbrowski","doi":"10.17951/PPA.2019.2.23-40","DOIUrl":"https://doi.org/10.17951/PPA.2019.2.23-40","url":null,"abstract":"Th Construction Police, as a task (function) of the state, is the public safety department, which ensures the safety and culture for the using of the building objects. Th institutional roots of this department date back to the age of Enlightenment, the doctrinal ones – to early modern period or even earlier and the legislative ones – to the 19th century. Ths Police is connected with the fire and sanitary safety of buildings. Building laws became the part of the code law, then of police ordinances and, finally, the separate building ordinances were issued (in cities at fist). In the German territories, the period after the Thirty Years’ war was of great importance for the development of the legislation and the building policies, together with the development of cameralism (Kameralismus) and political economy (Polizeiwissenschaft). Th 19th century was the era of codification of the building law in the form of nationwide building acts.","PeriodicalId":298732,"journal":{"name":"Przegląd Prawa Administracyjnego","volume":"20 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-11-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129524678","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":"Vocational and Social Activation of People with Disabilities in the Modern Labor Market – Vocational Development Centers","authors":"B. Łubianka, Katarzyna Mariańczyk","doi":"10.17951/PPA.2019.2.95-111","DOIUrl":"https://doi.org/10.17951/PPA.2019.2.95-111","url":null,"abstract":"The article is for an overview. It presents the issues of vocational rehabilitation of people with disabilities on the example of vocational development centers. Th work is based on publications about vocational development centers from the last ten years. Th purpose of the article is to present the current state of functioning of vocational development centers as one of the contemporary forms of professional activation of disabled people in Poland. Th social, legal and organizational aspects of the activity of vocational development centers were analyzed, with particular reference to the local labor market of the Lublin Voivodeship.","PeriodicalId":298732,"journal":{"name":"Przegląd Prawa Administracyjnego","volume":"114 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-11-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123381929","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":"Animals with Regard to Climate Changes - International and European Law Aspects","authors":"O. Sushyk, Daria Rosokhata","doi":"10.17951/PPA.2018.141-58","DOIUrl":"https://doi.org/10.17951/PPA.2018.141-58","url":null,"abstract":"The article consists of three parts. Firstly, it introduces the connection between animal and climate change. On the one hand, the impact of agricultural emissions (livestock emissions) on climate change has been introduced. On the other hand, it has been presented that the climate change has a negative impact not only for the humankind, but also for the biodiversity (animals) which have an economic and socio-cultural significance. Th second part provides an analysis of relevant international legal frameworks (UN Climate Change regime) that stipulate specifically in relation to livestock emissions globally and existing legal and policy frameworks in the EU that address livestock emissions, namely the Effort Sharing Decision and the Common Agricultural Policy. Thirdly, the paper focuses on the problem of biodiversity conservation though the signifiant pace of climate change has been regulated by a number of international conventions. EU-wide ecological network is being created in Europe that ensures the preservation of the natural environment of animals and the ways of their migration, regardless of the existing borders of the countries. Climate change is already having adverse effcts on animal and those effects are likely to prove devastating in the future. Nonetheless, the relevant harms to animals have yet to become a serious part of the analysis of climate change policy.","PeriodicalId":298732,"journal":{"name":"Przegląd Prawa Administracyjnego","volume":"27 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-07-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129415764","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}