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PHYSICIAN SCIENTIST: CLASH OF PATIENT RIGHTS AND PRINCIPLES OF CONDUCTING RESEARCH 医学家:患者权利与开展研究原则的冲突
Studia Iuridica Lublinensia Pub Date : 2023-06-14 DOI: 10.31338/2544-3135.si.2022-95.13
Dorota Krekora-Zając
{"title":"PHYSICIAN SCIENTIST: CLASH OF PATIENT RIGHTS AND PRINCIPLES OF CONDUCTING RESEARCH","authors":"Dorota Krekora-Zając","doi":"10.31338/2544-3135.si.2022-95.13","DOIUrl":"https://doi.org/10.31338/2544-3135.si.2022-95.13","url":null,"abstract":"Conducting scientific research, learning about the etiology of diseases, and searching for new methods of treatment are undoubtedly the basis of medicine. For centuries, a doctor has been a person who not only treated people, but also conducted scientific research aimed at deepening the knowledge about man. Due to the development of genetics, the pharmaceutical industry, and biobanks, this research has become mass and sometimes it is only human biological samples that are sufficient to carry it out. All this, undoubtedly, enables faster development of science, but puts a doctor in an extremely difficult situation of playing two roles, i.e. treating the patient and conducting scientific research using one’s biological material. In medical law, it has been emphasized for years that the basis of the relationship between a doctor and a patient is a special type of trust, which is systemically protected both by national and international legislature. The doctor is, therefore, obliged to act for the benefit of the patient. There is no doubt, however, that when conducting scientific research, a doctor sometimes faces the rivalry of patient rights, including the right to privacy and the right to freedom to conduct research. Both European and national lawmakers seem to notice these problems only partially, and only partially regulate the issue in question in both medical and personal data protection law. The subject of the reported research was analysis of the European and Polish law in terms of determining the extent to which this conflict of interests affects the patient’s rights and the doctor’s duties. In addition, the subject of analysis was to determine whether the person who gave a biological sample to the doctor to conduct research on it is always a patient and what consequences for the doctor’s legal liability this research on human biological samples has.","PeriodicalId":36157,"journal":{"name":"Studia Iuridica Lublinensia","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-06-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84896505","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
MORE BREAKING NEWS FROM NAZI TIMES: IS THE EUROPEAN LEGAL TRADITION SPURIOUS? 更多来自纳粹时代的突发新闻:欧洲的法律传统是虚假的吗?
Studia Iuridica Lublinensia Pub Date : 2023-06-14 DOI: 10.31338/2544-3135.si.2022-95.9
Tomasz Giaro
{"title":"MORE BREAKING NEWS FROM NAZI TIMES: IS THE EUROPEAN LEGAL TRADITION SPURIOUS?","authors":"Tomasz Giaro","doi":"10.31338/2544-3135.si.2022-95.9","DOIUrl":"https://doi.org/10.31338/2544-3135.si.2022-95.9","url":null,"abstract":"Is it plausible to treat the Nazi legal historians as progenitors of current European legal history? Is it in particular tenable to consider Franz Wieacker (1908–1994), one of the leading Nazi jurists, as the top founding father of this discipline? Is the European legal tradition spurious? We are able to pose these questions, but not to answer them unambiguously.","PeriodicalId":36157,"journal":{"name":"Studia Iuridica Lublinensia","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-06-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83107981","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
ADMISSIBILITY OF HEMP CROP OTHER THAN FIBROUS IN POLAND 波兰非纤维性大麻作物的可接受性
Studia Iuridica Lublinensia Pub Date : 2023-06-14 DOI: 10.31338/2544-3135.si.2022-95.8
Paweł Gała
{"title":"ADMISSIBILITY OF HEMP CROP OTHER THAN FIBROUS IN POLAND","authors":"Paweł Gała","doi":"10.31338/2544-3135.si.2022-95.8","DOIUrl":"https://doi.org/10.31338/2544-3135.si.2022-95.8","url":null,"abstract":"Implementation in the Polish legal system of the amendment of the Act on Counteracting Drug Addiction on 7 May 2022 allowed for a possibility of cultivating in Poland hemp other than fibrous for the needs of the pharmaceutical industry. The paper discusses the path that has led from the legalization of cannabis and its products to a gradual change of attitude both in international and national legislation. The aim of the study is also to familiarize the reader with the requirements the Polish legislator has placed on entities that intend to grow hemp other than fibrous for the production of pharmaceutical raw material.","PeriodicalId":36157,"journal":{"name":"Studia Iuridica Lublinensia","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-06-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89363455","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
REZYGNACJA Z ZASPOKAJANIA POTRZEB BYTOWYCH, SOCJALNYCH I KULTURALNYCH PRACOWNIKÓW W CZASIE KRYZYSU
Studia Iuridica Lublinensia Pub Date : 2023-06-14 DOI: 10.31338/2544-3135.si.2022-95.4
Łukasz Chruściel
{"title":"REZYGNACJA Z ZASPOKAJANIA POTRZEB BYTOWYCH, SOCJALNYCH I KULTURALNYCH PRACOWNIKÓW W CZASIE KRYZYSU","authors":"Łukasz Chruściel","doi":"10.31338/2544-3135.si.2022-95.4","DOIUrl":"https://doi.org/10.31338/2544-3135.si.2022-95.4","url":null,"abstract":"This article addresses the issue of the employers’ obligations to fulfil the employees’ life, social, and cultural needs, in particular the employers’ right to resign from those obligations in times of crisis. The author examines the Polish law in search for legal regulations constituting framework for those obligations and analyses their nature. Some of those obligations are not enforceable, which means that the employees cannot bring court action against the employers to fulfill them. The article focuses on the obligations that are enforceable and explains how the employers may legally resign from fulfilling them. The article takes into consideration the standard methods of resignation as well as those introduced by the anti-crisis regulations.","PeriodicalId":36157,"journal":{"name":"Studia Iuridica Lublinensia","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-06-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84974960","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 NATURE AND ROLE OF ACADEMIC OMBUDSMAN AT THE POLISH HIGHER EDUCATION INSTITUTIONS 波兰高等教育机构学术监察员的性质和作用
Studia Iuridica Lublinensia Pub Date : 2023-06-14 DOI: 10.31338/2544-3135.si.2022-95.10
Ewa Gmurzyńska
{"title":"THE NATURE AND ROLE OF ACADEMIC OMBUDSMAN AT THE POLISH HIGHER EDUCATION INSTITUTIONS","authors":"Ewa Gmurzyńska","doi":"10.31338/2544-3135.si.2022-95.10","DOIUrl":"https://doi.org/10.31338/2544-3135.si.2022-95.10","url":null,"abstract":"The article reports the results of a study conducted in the form of structured interviews. The goal of the study was to find out about the nature of this institution, the objectives of academic ombudsmen, the cases they deal with, their role in the academic community, in particular their role in resolving disputes at universities, and the type of methods they apply in their work. The institution of an academic ombudsman is considered to use an ADR method which is more appropriate in resolving problems and conflicts that appear at the universities, in comparison with formal procedures. The academic ombudsman takes into account important elements of the mission of universities which include respect for the other party, diversity, tolerance, and application of more inclusive and democratic methods in university governance. The introduction of ombudsman institutions at the universities is Poland is dictated not only by the necessity for more effective management and dispute resolution, but also shows a change in the attitude of the university administration towards the academic community. The need for research into the function of academic ombudsman arises from the relatively dynamic growth in the last three years in the number of academic ombudsmen as well as other institutions with similar names and goals. The emergence and significant increase in number of these institutions in the last few years at the universities in Poland raises the question of their nature and role at the universities.","PeriodicalId":36157,"journal":{"name":"Studia Iuridica Lublinensia","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-06-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85607086","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
THOMAS JEFFERSON PRZECIWKO „POLITYKOM W TOGACH”. KILKA UWAG DOTYCZĄCYCH SPORU O KIERUNKI INTERPRETACJI KONSTYTUCJI STANÓW ZJEDNOCZONYCH
Studia Iuridica Lublinensia Pub Date : 2023-06-14 DOI: 10.31338/2544-3135.si.2022-95.30
Tomasz Tulejski
{"title":"THOMAS JEFFERSON PRZECIWKO „POLITYKOM W TOGACH”. KILKA UWAG DOTYCZĄCYCH SPORU O KIERUNKI INTERPRETACJI KONSTYTUCJI STANÓW ZJEDNOCZONYCH","authors":"Tomasz Tulejski","doi":"10.31338/2544-3135.si.2022-95.30","DOIUrl":"https://doi.org/10.31338/2544-3135.si.2022-95.30","url":null,"abstract":"Throughout the first decade of the American republic, competing claims between the Federalists and the Anti-Federalist (later Republicans) regarding the proper interpretation of the Constitution and the application of its principles were confined primarily to the executive branch, Congress and states. The year 1801 marked the beginning of a turnabout in the role of the Supreme Court in the national affairs. Thomas Jefferson, having promised to bring about a revolution in the principles guiding the government, took office as the third president of the young nation. Although the legislative and executive branches of government came under the control of Jefferson’s Republican party in the election of 1800, the federal judiciary remained a bulwark of the rival Federalist party. In this article the author argues that differences in the interpretation of the Constitution resulted from the clear and irreconcilable differences in the political and constitutional philosophies of Jefferson and Marshall. These differences sparked fierce debate over such monumental issues as the use of judicial review over acts of Congress and the development of the doctrine of implied powers. According to the author, political considerations were paramount in determining the tactics employed by both leaders in their efforts to define the proper role of the judiciary in a balanced government and the role of the national government itself within the federal system.","PeriodicalId":36157,"journal":{"name":"Studia Iuridica Lublinensia","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-06-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83557600","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
ZNAKOWANIE ŻYWNOŚCI JAKO FORMA ADMINISTRACYJNOPRAWNEJ OCHRONY KONSUMENTA
Studia Iuridica Lublinensia Pub Date : 2023-06-14 DOI: 10.31338/2544-3135.si.2022-95.25
Adrianna Suska
{"title":"ZNAKOWANIE ŻYWNOŚCI JAKO FORMA ADMINISTRACYJNOPRAWNEJ OCHRONY KONSUMENTA","authors":"Adrianna Suska","doi":"10.31338/2544-3135.si.2022-95.25","DOIUrl":"https://doi.org/10.31338/2544-3135.si.2022-95.25","url":null,"abstract":"This article discusses the role of administrative norms in food labelling regulations\u0000with regard to consumers’ protection. Administrative regulations play a significant\u0000role in the entire food law system, particularly in the pursuit of its general objectives\u0000related to consumers’ well-being. Food labelling is one of the instruments applied to\u0000ensure consumers’ protection but it needs to be assisted by a legal apparatus enabling\u0000efficient control over the observance of the provisions and imposing sanctions for\u0000non-compliance. Not only is food label a basic channel of communication used by\u0000producers in order to provide consumers with information about products, but it also has\u0000a tremendous impact on consumers’ food choices. Information shared on labels ought to\u0000be readable and understandable for the purpose of facilitating conscious food decision\u0000making. Nonetheless, despite the institutional support, consumers are still considered to\u0000be the weaker party on the food market, therefore food labelling regulations should be\u0000compliant with their awareness and habits.","PeriodicalId":36157,"journal":{"name":"Studia Iuridica Lublinensia","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-06-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80669518","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
EMPLOYMENT FLEXIBILITY IN TIMES OF CRISIS 危机时期的就业灵活性
Studia Iuridica Lublinensia Pub Date : 2023-06-14 DOI: 10.31338/2544-3135.si.2022-95.1
Michał Barański
{"title":"EMPLOYMENT FLEXIBILITY IN TIMES OF CRISIS","authors":"Michał Barański","doi":"10.31338/2544-3135.si.2022-95.1","DOIUrl":"https://doi.org/10.31338/2544-3135.si.2022-95.1","url":null,"abstract":"This article addresses the issue of legitimacy and legal consequences of the introduction of various forms of flexible employment in times of crisis, above all focusing on issues related to the flexibility of the workplace (telework, remote work), as well as those of flexible working time (part-time work, modifications of working time systems and schedules). Bearing in mind the specifics of the crisis, the following legal constructions will also be analyzed: term employment contracts, non-employee civil law work, work in cottage industry, self-employment, temporary work, casual work, on-call work, job sharing, and employee outsourcing. Each flexibilisation of employment introduced into the legal order due to the crisis, although temporary, each time leaves its mark on the regulations in force also in times free from a crisis (specific legal constructions remain, permanently modifying a given legal order). This article is also devoted to this issue.","PeriodicalId":36157,"journal":{"name":"Studia Iuridica Lublinensia","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-06-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78342625","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
KRYTERIA DEFINICYJNE RAŻĄCEGO NIEDBALSTWA
Studia Iuridica Lublinensia Pub Date : 2023-06-14 DOI: 10.31338/2544-3135.si.2022-95.12
Daniel Jakubowski
{"title":"KRYTERIA DEFINICYJNE RAŻĄCEGO NIEDBALSTWA","authors":"Daniel Jakubowski","doi":"10.31338/2544-3135.si.2022-95.12","DOIUrl":"https://doi.org/10.31338/2544-3135.si.2022-95.12","url":null,"abstract":"The article discusses the results of a study on the judgments in which the courts ruled on the issue of gross negligence. The main goal is to identify the criteria the courts adopt for defining gross negligence. Using qualitative analysis the author classifies the criteria into categories and points to the differences between them, while performing quantitative analysis indicates the frequency of particular criteria usage in practice and analyzes statistical relationship between the categories and the criteria. In addition to the conclusions concerning the concept of gross negligence, the author offers critical comments on the formulation of justifications for judgments.","PeriodicalId":36157,"journal":{"name":"Studia Iuridica Lublinensia","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-06-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"72382251","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
EMPLOYMENT STABILITY IN TIMES OF THE COVID CRISIS: A CASE OF LEGAL INSTRUMENTS INTRODUCED BY THE POLISH LEGISLATOR covid危机时期的就业稳定:波兰立法者介绍的法律文书案例
Studia Iuridica Lublinensia Pub Date : 2023-06-14 DOI: 10.31338/2544-3135.si.2022-95.11
Iwona Gredka-Ligarska
{"title":"EMPLOYMENT STABILITY IN TIMES OF THE COVID CRISIS: A CASE OF LEGAL INSTRUMENTS INTRODUCED BY THE POLISH LEGISLATOR","authors":"Iwona Gredka-Ligarska","doi":"10.31338/2544-3135.si.2022-95.11","DOIUrl":"https://doi.org/10.31338/2544-3135.si.2022-95.11","url":null,"abstract":"Protection of jobs has become one priority aim of the legislator during the crisis caused by the SARS-CoV-2 coronavirus pandemic. In the justification of the draft Act of 2 March 2020 on special solutions relating to the prevention, neutralisation, and combating of COVID-19 and other contagious diseases and the ensuing crisis situations (COVID Act), it was emphasized that the aid mechanisms introduced in the Act were supposed to prevent mass collective redundancies. And although the legislator tried to preserve sustainable employment during the COVID crisis, only a part of the introduced legal provisions offered a guarantee of work to employees. This article aims to provide an overview and assessment of the aid mechanisms implemented by the Polish legislator to protect jobs during the COVID crisis. The anti-crisis activities of the legislator, intended to preserve sustainable employment, can be divided into indirect and direct measures. An analysis was carried out taking into account the above division. Based on the analysis, reflections are formulated on the effectiveness of the implemented aid mechanisms. Finally, conclusions for the future are offered.","PeriodicalId":36157,"journal":{"name":"Studia Iuridica Lublinensia","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-06-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73266321","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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