{"title":"Sąd Diecezji Opolskiej i kanoniści opolscy po drugiej wojnie światowej","authors":"P. Sadowski","doi":"10.25167/osap.1212","DOIUrl":"https://doi.org/10.25167/osap.1212","url":null,"abstract":"This article presents the Opole Diocesan Court in the years 1951–2018 and Opole canonists in the years 1945–2018. It discusses the functions, structure, history and profiles of judicial vicars of the court, and gives summary information focusing on Opole canonists. Members of the Opole Diocesan Court are compared with Opole canonists because the both groups have often created or co-created the both of these realities. The article does not present any statistical information or names of trials taking place before the Opole Diocesan Court during the analyzed period, or possible trial costs. Furthermore, it does not analyze court judgements or individual reasons for declaring the nullity of a marriage solemnized at the Roman Catholic church. While determining the composition of the court is relatively easy, the concept of canon law study of Opole is a more complicated matter. A person related to the Opole Diocese area by birth, upbringing, residence or job is recognized by the author as an Opole canonist. However, the above-listed factors are not always cumulative. In many cases, someone who is considered to be an Opole canonist may also be identified as belonging to other scientific circles. In the past few decades, the Opole canonist community has been composed of graduates of numerous Polish and foreign academic centers, and, afterwards, such people dealt with various research areas. Their publications, professional, social and organizational activities, and their membership of different associations are the evidence of proper creativity. Even if the author does not discuss detailed scientific achievements of Opole canonists, the above summary presentation shows that these achievements are rather extensive.","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":"44576665","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":"Związki prawa ubezpieczeń społecznych z prawem pracy","authors":"Dorota Dzienisiuk","doi":"10.25167/osap.1198","DOIUrl":"https://doi.org/10.25167/osap.1198","url":null,"abstract":"Social insurance law and labour law have been intrinsically interrelated since the very beginning of their existence, as they cover the same sphere of human activity. At present we can observe that these relations are weakening mainly due to the continuously extending personal scope of social insurance law. The most important relations between social insurance law and labour law may be classified as relations of material (defining conditions of granting benefits), functional (legal methodology and political measures) and organisational (administrative) nature. A shift in the direction of the influence on shaping the rights and obligations of the labour relationship parties may be observed. It is no longer labour law that exclusively determines the situations protected (insurance risk), but to a broader extent both social insurance law and labour law are used simultaneously to reach a goal that is pursued.","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":"46873359","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":"Jan Jakub Rousseau konstytucjonalistą. Projekty dla Korsyki i Rzeczypospolitej szlacheckiej (część I)","authors":"Z. Filipiak","doi":"10.25167/osap.1208","DOIUrl":"https://doi.org/10.25167/osap.1208","url":null,"abstract":"In the Age of Enlightenment, the concepts of legal reforms were often proposed by literary men, publicists and philosophers. The vision of a breakthrough was exciting – they believed in the benevolent power of new, just regulations that would heal humanity, eradicate exploitation and social inequalities. Jean Jacques Rousseau, one of the most famous but controversial thinkers of the era, thought in a similar way. The dissertation concerns his two constitutional projects - written for Corsica (Part I) and the Polish-Lithuanian Commonwealth (Part II). The first part presents events that decided that the philosopher from Geneva dealt with the issue of a small island in the Mediterranean, trying to consolidate its barely won independence. However, the focus is on the very concepts of the political and social system planned for Corsica by Rousseau, referring them to the previous works of the thinker. His radical solutions expressed his broader views on civilization, the state, law and people. In part II of the article, they will be confronted with the project prepared for the Polish-Lithuanian Commonwealth.","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":"47133652","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":"O konstytucyjnym pojęciu godności osobowej","authors":"Anna Frankiewicz-Bodynek","doi":"10.25167/osap.1175","DOIUrl":"https://doi.org/10.25167/osap.1175","url":null,"abstract":"The content of this publication is a presentation of the meaning of the formula which refers to human dignity. The understanding of this idea should always remain in accordance with the legislative and judicial acquis of countries of western civilisation sphere. Based on judicature and source literature, respective attributes of human dignity, which Article 30 of the Constitution of the Republic of Poland refers to, have been explained. A change of the attitudes of constitutional lawyers’ community and the Constitutional Tribunal has been highlighted, with the possibility of referring to the content of this article as an independent model of constitutionality of law under an abstract and concrete control. Initially, human dignity was considered as a general rule and not legal rights.","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":"44471734","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 city of Fas and the University of al-Qarawiyyin: a common destiny","authors":"Said Edaich","doi":"10.25167/OSAP.1214","DOIUrl":"https://doi.org/10.25167/OSAP.1214","url":null,"abstract":"Human history has always been linked to a spatial concept, a place that can be a state, a city, or any other geographical determination. The researches on Rome and Athens, Baghdad and Damascus provide ample information with a direct impact on understanding the evolution of human civilization. Fas, the Moorish city which initiated the Moroccan State, has always aroused the interest of historians and specialists. It is a unique social model and a city that has been able, thanks to its University Al-Qarawiyyin, to withstand all the harsh changes for centuries. This paper is intended to follow the evolution of this city through the expansion and historical dominance in North Africa and Europe throughout centuries.","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":"46257944","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":"Jan Orzelski (1551–1617), parlamentarzysta i kronikarz","authors":"W. Kaczorowski","doi":"10.25167/osap.1180","DOIUrl":"https://doi.org/10.25167/osap.1180","url":null,"abstract":"Jan Orzelski was actively involved in the political life of the Republic of the Nobles as a member of a regional assembly, a deputy and next a senator. He recorded the history of his family in the work entitled Annales domus Orzelsciae. It was edited by Adam Tytus Działyński on the basis of a manuscript stored in the Kórnik Library together with a family diary Kopia pobożnej pamięci imci Elżbiety Orzelskiej. Annales… consists of two parts: a comprehensive introduction and a chronicle containing annual entries regarding the most important events in Jan Orzelski’s family in the years 1589–1611 (that period being extended to 1618 by adding the diary Kopia pobożnej pamięci…). Much focus in the first part of the Annales... was placed on Stefan Batory’s military campaigns to conquer Polotsk (1579), Velikiye Luki (1580) and Pskov (1581), in which Jan Orzelski took part as a cavalry captain. The author’s intention, however, was not to describe those military campaigns in detail but to present “only some memorable issues”. The Annales... depicts, first of all, the origins of the “family from Orle”, the history and the characteristics of the family members in the male line. The author included his biography as well.","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":"45597369","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":"Zakaz praktyk nieuczciwie wykorzystujących przewagę kontraktową jako reguła kontraktowa przy zawieraniu umów z rolnikami","authors":"Michał Hejbudzki","doi":"10.25167/osap.1176","DOIUrl":"https://doi.org/10.25167/osap.1176","url":null,"abstract":"The existing legal instruments in the area of trade in agricultural and food products in Poland were considered by the Polish legislature to be insufficient, which was an impetus for legislative work finalized by the adoption of the act on counteracting the unfair use of contractual advantage in the trade in agricultural and food products on 15 December 2016. The purpose of the research described in the article was to determine the normative dimension of the concept of unfair use of contractual advantage and the assessment of admissibility de lege lata for farmers to rely on protection under the provisions of the aforementioned Act of 2016. The analyses have led to the conclusion that the ban on practices of unfair use of contractual advantage should be seen as a new, not yet crystallized, contract rule applicable to concluding contracts specified in this act, including contracts with farmers.","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":"69237758","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":"Recenzja książki Vasiliki Kosta, Fundamental Rights in EU Internal Market Legislation, Oxford and Portland, Oregon 2015, 330 s.","authors":"Joanna Ryszka","doi":"10.25167/osap.1191","DOIUrl":"https://doi.org/10.25167/osap.1191","url":null,"abstract":"Implementation of the internal market is one of the basic aims of cooperation between Member States within the EU, being at the same time an integration area that is perceived positively by both their supporters and opponents. Issues related to the implementation of the internal market freedoms are even more interesting in its confrontation with the protection of fundamental rights. This is undoubtedly a significant issue when we think about the degree of identification of the Union citizens with the Union itself. The reviewed monograph takes all the above-mentioned elements, focusing in particular on examining how and to what extent the protection of these rights is implemented in the EU legislation on the internal market. The scientific analysis carried out within its scope covered such important and basic rights as personal data protection, freedom of expression, basic rights related to the performance of work and the right to health protection.","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":"47354128","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":"Zasada ogólna szybkości postępowania w postępowaniu o świadczenia emerytalno-rentowe","authors":"Sebastian Gajewski","doi":"10.25167/osap.1200","DOIUrl":"https://doi.org/10.25167/osap.1200","url":null,"abstract":"The principle of prompt and simple proceedings is one of the general principles of the Code of Administrative Proceedings, set out in Article 12 of the latter. Pursuant to this principle, the authority shall act in a detailed and prompt manner, applying the simplest possible measures to dispose of the matter. This general principle shall apply in proceedings in matters of oldage and disability pensions. It is guaranteed by two groups of guarantees: 1) general, common with general administrative proceedings, and 2) specific, typical only of proceedings in matters of old-age and disability pensions (or in matters on social insurance). The second group consists of such guarantees as: time limit to dispose of the matter, right to file a complaint to court due to inaction, interests for delay in issuing a decision or a temporary benefit paid during the proceedings. In literature, it is said that the most important guarantee of the examined principle is time limit to dispose of the matter. In cases of old-age and disability pensions the first-time matter shall be disposed of in 30 days after clarifying the last fact necessary to dispose of the matter. This time limit is not detailed. It means that the principle of prompt and simple proceedings is not well guaranteed in the proceedings under examination. \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":"44533749","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":"Związek prawa ubezpieczeń społecznych z prawem cywilnym w świetle orzecznictwa sądowego – wybrane zagadnienia","authors":"Anna Cicherska","doi":"10.25167/osap.1199","DOIUrl":"https://doi.org/10.25167/osap.1199","url":null,"abstract":"This study presents interrelations between social insurance law and civil law. The author describes the nature of social insurance law regulations and their influence on possible invocations of the civil law provisions with regard to cases based on social insurance law. Then, the scope of application of civil law in proceedings before a disability pension authority is presented. The author describes in particular invocation of the civil law provisions in connection with the need to verify accuracy and diligence in execution of social insurance obligations by premium payers. Based on examples selected by the author, the issues of examination of validity of concluded contracts (civil law contracts or employment contracts) and individual contractual stipulations aimed at verification of the moment of inception of entitlement to social insurance or accuracy of verification of premium assessment basis are presented.","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":"43394375","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}