{"title":"Glosa do wyroku Wojewódzkiego Sądu Administracyjnego w Opolu z dnia 2 lutego 2017 r. II SA/Op 577/16","authors":"D. Mucha","doi":"10.25167/osap.1190","DOIUrl":"https://doi.org/10.25167/osap.1190","url":null,"abstract":"In the judgment with commentaries, the Provincial Administrative Court in Opole made a statement concerning the penalty of expulsion from a higher education institution as a disciplinary penalty declared only by disciplinary committees. From the point of view of the judgment with commentaries, it is of importance to specify that this penalty is not of “life-long” nature, nor dśs it result in deprivation of the right to study in other institutions. The author approves of the position held by the judgment with commentaries and claims it to be an accurate and significant voice of the judiciary, which may prove substantial in eliminating legal ambiguities (and absurdities) arising as a result of applying the provisions of law in regard to responsibilities of higher education students, drawing attention to the incomplete and insufficient form of the provision of the relevant legal regulation. \u0000 ","PeriodicalId":34464,"journal":{"name":"Opolskie Studia AdministracyjnoPrawne","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-09-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48812487","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":"Nazistowscy przywódcy przedwojennego Opola i opozycja antyhitlerowska w latach 1933–1945 w świetle akt z Instytutu Pamięci Narodowej oraz z Archiwum Państwowego w Opolu","authors":"Janusz Oszytko","doi":"10.25167/osap.1211","DOIUrl":"https://doi.org/10.25167/osap.1211","url":null,"abstract":"The article is a new contribution to the local history of Opole of 1933–1945 in the light of not known and not published archival documents about the pre-war Nazi leaders of the Opole Regency and the anti-Hitler opposition as well. Those documents are stored both in the State Archive in Opole (file: Gestapo Oppeln) and in the Institute of National Remembrance (IPN Archive – various archive files). The first part of the article describes the Nazi elite of the Opole Regency in the period of 1933–1945. This interesting and complicated history of Opole and Opole region concerns the operation of the NSDAP monoparty, as well as its affiliated organizations and repressive organs of a totalitarian state. This part of the article was developed mainly from various files from the Institute of National Remembrance. The second part describes the anti-Hitler opposition in the Opole Regency in the period of 1933–1945. Very interesting and also not known in the scientific circulation are materials about political opponents, collected by Gestapostelle Oppeln, which are right now being published by the author of the article, following the previous article about the files relating to the Jews (dealt with in articles by J. Oszytko) and to the Poles (in a book by Dermin and Popiołek) which were kept by the Gestapo in Opole. To summarize, the article casts light on the history of the city, with respect to, on the one hand, the rise of German totalitarianism changing into one-party domination of the NSDAP party, and – on the other hand – the scope of persecution of parties and persons standing in opposition to Hitler’s rule in our city and region. \u0000 ","PeriodicalId":34464,"journal":{"name":"Opolskie Studia AdministracyjnoPrawne","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-09-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45824008","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":"Uwagi na temat ukształtowania domum vi introire na gruncie sullańskiej lex Cornelia de iniuriis","authors":"D. Nowicka","doi":"10.25167/osap.1201","DOIUrl":"https://doi.org/10.25167/osap.1201","url":null,"abstract":"The article concerns the matter of domum vi introire – a violent intrusion into someone’s house, introduced into Roman Law by Cornelian law de iniuriis in 81 BC. The issue is analysed in the socio-political context of introduction of this regulation aimed to define its ratio legis as strictly connected to the goal of providing peace and safety in the city, and, by this means, establishing the new order. However, the conduct of domum vi introire was considered as closely related to the dignity of an individual from the very beginning, and as such complying with the concept of iniuria created within the praetorian edicts. It is exactly this feature that enabled the evolution of perception of this conduct in the direction of the contemporary concept of trespass.","PeriodicalId":34464,"journal":{"name":"Opolskie Studia AdministracyjnoPrawne","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-09-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45785831","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":"Grodków jako ośrodek sądownictwa","authors":"M. Menzel","doi":"10.25167/osap.1207","DOIUrl":"https://doi.org/10.25167/osap.1207","url":null,"abstract":"The article refers to the history of the judiciary in the town and the county (poviat) of Grodków which is presently located in Opolskie Voivodeship. In the first chapter, a short history of the establishment of the town, description of its owners, the process of creation of the administrative structure and some titbits of the town’s history are presented. In the consecutive parts, the history of the foundation and activity of several courts which operated in the town is presented. An analysis of the files concerning the town and court records preserved in the State Archives in Opole is also made. In the last but one chapter, a list of first people representing a new judiciary system in postwar Poland in the territory of the voivodeship and the poviat is presented. The article ends with a description of the last court operating in the town, that is the county court.","PeriodicalId":34464,"journal":{"name":"Opolskie Studia AdministracyjnoPrawne","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-09-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42915398","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":"Księga praw miejskich Głubczyc (Codex Iuris Lubschicensis)","authors":"A. Szymański","doi":"10.25167/osap.1204","DOIUrl":"https://doi.org/10.25167/osap.1204","url":null,"abstract":"In the paper, a unique monument in the area of town charters history is presented, that is The Town Charter of Głubczyce. At present, housed by the National Archives in Opole, it was written in Gothic. On the both sides of each of the 241 parchment pages of goat skin in two columns (several pages have got only ruled lines). It was bound later on (the beginning of the 20th century) in oak boards, covered with brown leather. The corners of the both covers and their insides have brass bindings of open-work with the motif of a crown and cone knobs – feet. The book has the following dimensions 40 x 29.5 [cm] and is well preserved. The legal regulations contained in it became the basis of functioning of many towns in Silesia, Czech and Moravia, laying the foundation for the family of the town rights of Głubczyce.","PeriodicalId":34464,"journal":{"name":"Opolskie Studia AdministracyjnoPrawne","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-09-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41627331","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":"Wielopostaciowość form działania administracji publicznej na przykładzie wymogu implementacji dyrektywy Parlamentu Europejskiego i Rady (UE) 2016/1148 z dnia 6 lipca 2016 r. w sprawie środków na rzecz wysokiego wspólnego poziomu bezpieczeństwa sieci i sys","authors":"Martyna Wilbrandt-Gotowicz","doi":"10.25167/osap.1169","DOIUrl":"https://doi.org/10.25167/osap.1169","url":null,"abstract":"The article describes numerous forms of actions of public administration authorities, characteristic of the execution of requirements stemming from Directive (EU) 2016/1148 of the European Parliament and the Council of 6 July 2016 concerning measures for a high common level of security of network and information systems across the Union. In particular, it addresses the issues, such as: identifying operators of essential services, dealing with computer security incidents, control activities, restitutive measures and punitive measures. It has been demonstrated that, as regards cybersecurity, from the perspective of the requirements of effective implementation of the NIS Directive and good governance assumptions, it is appropriate to adopt hybrid forms of actions of administration authorities, based both on classic sovereign forms of actions of administration authorities (administrative decisions issued in cases regarding the recognition of an operator of an essential service, in cases concerning administrative pecuniary sanctions), as well as on other forms of actions (related to the exchange of information, issuance of recommendations, use of notices or providing technical support).","PeriodicalId":34464,"journal":{"name":"Opolskie Studia AdministracyjnoPrawne","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-09-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41957433","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":"Mediator w postępowaniu administracyjnym","authors":"Wiktor Trybka","doi":"10.25167/osap.1166","DOIUrl":"https://doi.org/10.25167/osap.1166","url":null,"abstract":"Amending the Code of Administrative Procedure, the legislator decided to introduce the possibility of conducting mediation proceedings. A mediator may be a natural person who has full legal capacity and exercises full civil rights. The mediator’s role is to ensure the conduct of the mediation process. They have the responsibility to stimulate the initiative of the parties by means of appropriate mediation techniques, as well as to create an appropriate climate of conversation, based on mutual trust and respect. The mediator uses procedural rights, which include: the right to read the case files and the right to remuneration and reimbursement of expenses related to mediation. The Code of Administrative Procedure also imposes procedural obligations on the mediator: it must maintain impartiality in the conduct of mediation and draw up a report on mediation. Participants in the mediation are also parties of the administrative proceedings and a public administration body. The task of the public administration body is to determine whether the arrangements made by the parties with the participation of the mediator fall within the scope of the generally applicable law.","PeriodicalId":34464,"journal":{"name":"Opolskie Studia AdministracyjnoPrawne","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-09-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46726046","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":"Instytucja mediacji w postępowaniu administracyjnym","authors":"J. Smarż","doi":"10.25167/osap.1160","DOIUrl":"https://doi.org/10.25167/osap.1160","url":null,"abstract":"Mediation is a new institution in administrative proceedings aims to provide a partnership approach of the administration to citizens and to enable which participation of the public in administrative governance. However, the introduction of mediation into administrative proceedings raises doubts as to its practical applicability, especially given the current reluctance of administration to the binding provisions of the agreement in view of the fact that mediation proceedings bring many unquestionable benefits also to the administration, there is a hope that it will adapt better than in judicial-administrative proceedings, where it is not applied.","PeriodicalId":34464,"journal":{"name":"Opolskie Studia AdministracyjnoPrawne","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-09-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47096352","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":"Konsultacje społeczne jako forma współuczestnictwa obywateli w działaniach administracji publicznej","authors":"Paweł Śwital","doi":"10.25167/osap.1163","DOIUrl":"https://doi.org/10.25167/osap.1163","url":null,"abstract":"The aim of this paper is to present institutions of public consultation as one of the forms citizens’ participation of in public administration. The author defines the concept of public consultation in the field of legal sciences, identifies the legal basis for the process of public consultation, describes the principles, stages and process of conducting public consultations in Poland. In the paper the dogmatic-legal method and the method of legal functionalism are used.","PeriodicalId":34464,"journal":{"name":"Opolskie Studia AdministracyjnoPrawne","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-09-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43602576","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":"Przekazywanie informacji o zagrożeniach jako przykład czynności faktycznych podejmowanych na etapie reagowania w sytuacjach kryzysowych – aspekty prawne","authors":"M. Zakrzewska","doi":"10.25167/osap.1171","DOIUrl":"https://doi.org/10.25167/osap.1171","url":null,"abstract":"The paper refers to providing information about the dangers connected with crisis management. Crisis management is the activity of public administration authorities, which constitutes an element of managing the national security management system and essentially consists of: preventing crisis situations, preparing to take control over them by way of planned activities, responding in case of emergencies, removing their effects and reconstructing resources and critical infrastructure. In the first part, the stages of public administration authorities’ proceedings in crisis management are presented. This part also discusses the regulations incorporating the ways to devolve information in emergencies contained in crisis management plans. The second part of the work applies to the evolution of factual activities as legal forms of public administration activities with reference to operations consisting in informing society in case of emergencies occurring.","PeriodicalId":34464,"journal":{"name":"Opolskie Studia AdministracyjnoPrawne","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-09-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45887604","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}