Kwartalnik Prawa Międzynarodowego最新文献

{"title":"The employee and their social security in flexible forms of employment on the example of Poland – selected issues. Part I","authors":"Łucja Kobroń-Gąsiorowska","doi":"10.5604/01.3001.0054.4285","DOIUrl":"https://doi.org/10.5604/01.3001.0054.4285","url":null,"abstract":"The regulation of employment and social policy – with safe and secure conditions of employment in terms of remuneration, safe employment conditions, protection in the event of dismissal, social dialogue, personal data protection, work-life balance, and finally a healthy, safe and well-adjusted work environment – constitutes the foundations of decent working conditions. At the same time, the task of a democratic state is to adjust the dynamically changing economic and market realities to ensure the maximum level of protection in the areas mentioned above relevant to each employee. This situation is also due to the radically progressing digitization that is changing the challenges of the modern labour market. In this article, the author endeavours to address the social security issue of selected flexible (atypical) forms of employment, including employee and non-employee forms of employment. The author chose fixed-term contracts and employment on digital platforms as the subject of analysis, while remaining aware of the multifaceted nature of social security. In this paper, she defends the thesis that the so-called “flexibility of employment relations” should be subject to the broader impact of social security regulations in situations where there are no normative obstacles to them being extended.","PeriodicalId":403517,"journal":{"name":"Kwartalnik Prawa Międzynarodowego","volume":"59 33","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140362817","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 role of the Act of 5 November 1916 in starting the process of rebuilding Polish statehood","authors":"Zbigniew Filipiak, Tomasz Kowalczyk","doi":"10.5604/01.3001.0054.4280","DOIUrl":"https://doi.org/10.5604/01.3001.0054.4280","url":null,"abstract":"The following text is devoted to the issues of the fate of Polish lands being decided during World War I. Above all it discusses the Act of 5 November 1916 issued by two of the partitioning powers – the Second German Reich and Austria-Hungary – and assesses its role in the future revival of Polish statehood. This legal act led to the establishing of semi-sovereign central Polish administration bodies, which prepared a draft constitution for the future state (monarchist), a draft electoral law for the Sejm, and took many steps to establish local Polish authorities, the judiciary, and the education system. The authors analyse the establishment of the two main central bodies under the auspices of Germany and Austria-Hungary (the Provisional Council of State, and the Regency Council), describe the monarchist project of the Polish constitution created thanks to the Provisional Council of State, and the electoral law designed at that time. They also question to what extent the acts of 5 November can be associated with the concept of “Mitteleuropa” – the creation of an economic and political union in Central and Eastern Europe of states that were to function under strict German control. This concept, created in the second half of the 19th century, was redefined during World War I. The historical-legal method was used in work on this article, supplemented with the dogmatic-legal and comparative methods.","PeriodicalId":403517,"journal":{"name":"Kwartalnik Prawa Międzynarodowego","volume":"30 17","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140364438","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":"Children affected by armed conflict – reintegration of child-soldiers from the International Humanitarian Law perspective","authors":"Joanna Siekiera","doi":"10.5604/01.3001.0054.4505","DOIUrl":"https://doi.org/10.5604/01.3001.0054.4505","url":null,"abstract":"The recruitment and use of minors in armed conflicts, which is contrary to humanitarian law, applies to any race, religion, or political system. Still, there is a harmful tendency to associate this problem only with undemocratic, poor, and underdeveloped countries, far from the large geopolitical decision-making centers. Most children are abducted, intimidated, coerced, and manipulated by actors of armed conflicts, both formally functioning in the state apparatus as soldiers, but also guerrillas, members of terrorist groups or other non-state entities. Minors are not only witnesses of brutality and suffering but are also forced to participate in torture and murder. This, in turn, causes traumatic mental reactions, such as depression, suicide attempts or lack of sensitivity to harm as adults. Hence, the reintegration of child soldiers is a long-term and troublesome process also for their families and communities, which, nevertheless, do not receive sufficient help at the mental, financial, and logistical level to be able to take care of the returning children. Global solutions still fail to deliver the expected solutions, to the detriment of children’s development and rights.","PeriodicalId":403517,"journal":{"name":"Kwartalnik Prawa Międzynarodowego","volume":"35 5","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140364133","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":"Male travel ban: legal regulation in Ukraine and international standards","authors":"Mykola Kobyletskyy, N. Paslavska","doi":"10.5604/01.3001.0054.4279","DOIUrl":"https://doi.org/10.5604/01.3001.0054.4279","url":null,"abstract":"The article discusses the issue of legal regulation in Ukraine of the ban on travel abroad. Russia’s military aggression against Ukraine made it difficult for the state to guarantee the rights of citizens and forced them to be partially limited. Since the introduction of martial law in Ukraine, men of conscription age have been prohibited from traveling abroad. The Constitution of Ukraine established the standards of the rule of law in this situation, which provide that the restrictions on the rights of a person and a citizen in the state are temporary and minimally necessary, and a specific list of rights cannot be violated under any circumstances. The final decision on the declaration of martial law is made by the Parliament. These norms of the Constitution of Ukraine correspond to the norms in the Universal Declaration of Human Rights.Analysis of court practice shows that plaintiffs often appeal against the decisions of officials of the State Border Service of Ukraine forbidding them to cross the state border, referring to their right to cross the said border because they have been granted a deferment from conscription for military service.National courts adhere to the position that the primary legitimate source of restrictions on the rights and freedoms of a person and a citizen during the period of martial law is the Constitution of Ukraine and the Decree of the President of Ukraine on the introduction of martial law. At the same time, adopting the relevant Decree and determining the content and scope of rights subject to restriction, the President of Ukraine is guided by the goal of introducing and implementing the necessary measures aimed primarily at ensuring the defence of the State. When establishing restrictions, the President of Ukraine takes into account the norms of Art. 64 of the Constitution of Ukraine, which provides a list of rights and freedoms that are not subject to restriction. At the same time, due to the circumstances in which the decision to introduce martial law is made, the mechanisms and procedures for implementing restrictions on rights cannot be fully normalized.","PeriodicalId":403517,"journal":{"name":"Kwartalnik Prawa Międzynarodowego","volume":"28 13","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140364585","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":"Reinforcement of executive power during the COVID -19 epidemic, a salient trend or temporary phenomenon related to pandemic control","authors":"Magdalena Malinowska-Wójcicka, Ewelina Gee-Milan","doi":"10.5604/01.3001.0054.4502","DOIUrl":"https://doi.org/10.5604/01.3001.0054.4502","url":null,"abstract":"The article is devoted to presenting the results of research on Polish legislation during the COVID-19 pandemic in terms of empowerment of public authority.The impact of the adopted laws on empowerment was assessed using an innovative research method based on the assumption that the creation of universally binding laws is based on long-term trends, and the law - like any other product - is driven by the law of supply and demand. The tendency for one or another legal intervention in social or economic relations can be seen in the periodic increase or decrease of legislative initiatives.We can talk about the strengthening of power when the adopted regulations serve the interests of public power, its better organization and strengthening of its potential. Most often, this is combined with the restriction of other authorities and the expansion of the interference of state power in social relations and citizens' rights.The article presents all the laws whose declared purpose was to combat the COVID-19 epidemic and its social and economic consequences and in which, in the process of evaluation, the occurrence of regulations strengthening public power was found (positive evaluation +1 and above).The graphs show how the adoption of power-enhancing and power-limiting regulations, respectively, has evolved since 1990, what this trend looked like in 2020, and finally how strong the power enhancement was in the so-called Covidovy laws.","PeriodicalId":403517,"journal":{"name":"Kwartalnik Prawa Międzynarodowego","volume":"47 9","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140363105","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":"New regulations on the sale of goods and provision of services and digital content in consumer trade - selected issues (II)","authors":"Heronim Ostrowski","doi":"10.5604/01.3001.0054.4504","DOIUrl":"https://doi.org/10.5604/01.3001.0054.4504","url":null,"abstract":"The article describes Directive 2019/770 of the European Parliament and of the Council (EU) of May 20, 2019 on certain aspects of contracts for the supply of digital content and services, which regulates the rights and obligations of businesses and consumers who are parties to contracts for the supply of digital content or services. The paper focuses in particular on the purpose of the European legislator in enacting the directive and how to implement the implemented provisions into Polish legislation.","PeriodicalId":403517,"journal":{"name":"Kwartalnik Prawa Międzynarodowego","volume":"6 4","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140361502","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":"Ius cogens along with international morality and the problem of the invalidity of Poland's renunciation of war reparations","authors":"Beata Komarnicka-Nowak, Wiktoria Nowak","doi":"10.5604/01.3001.0054.4503","DOIUrl":"https://doi.org/10.5604/01.3001.0054.4503","url":null,"abstract":"The article contains an analysis of the problem of the invalidity of Poland's renunciation of war reparations against the background of the provisions of the Vienna Convention on the Law of Treaties. Analysing the reasons for invalidity, the authors point to their existence in the context of the declaration of renouncing reparations in 1953, also referring to the circumstances surrounding those historical events. The article also contains a reference to the issue of international morality.","PeriodicalId":403517,"journal":{"name":"Kwartalnik Prawa Międzynarodowego","volume":"55 46","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140362862","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 convergence of national constitutional and international humanitarian law – challenges and opportunities for Ukraine","authors":"Ivan Pankevych, Iryna Sofinska","doi":"10.5604/01.3001.0054.4507","DOIUrl":"https://doi.org/10.5604/01.3001.0054.4507","url":null,"abstract":"Today, there is a clear need for ratification of the Rome Statute of the International Criminal Court and its implementation into Ukraine's national (domestic) legislation. Regardless of when the ongoing full-scaled Russian aggression against Ukraine finishes, we should have a real possibility (that should be foreseen on the national constitutional level) to apply an effective internationally recognized mechanism and instruments to investigate mass atrocity crimes and ensure respect for humanitarian law, fundamental rights, and human freedoms and punish everyone, who committed them following the rule of law. This article aims to examine the legal (constitutional) background and political narratives regarding the accession of Ukraine to the Rome Statute of the International Criminal Court (signed on January 20, 2000, not ratified till now due to some political tensions and overcome legal (legislative) disparities). We search for strong and weak sides, challenges (threats), and opportunities created by its forthcome ratification.","PeriodicalId":403517,"journal":{"name":"Kwartalnik Prawa Międzynarodowego","volume":"11 12","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140364611","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":"Extending the application of detention in the light of the latest judgments of the European Court of Human Rights","authors":"Malwina Treder","doi":"10.5604/01.3001.0054.4508","DOIUrl":"https://doi.org/10.5604/01.3001.0054.4508","url":null,"abstract":"The subject of this article is an analysis of the judgments of the European Court of Human Rights issued in 2022 and 2023 as a result of complaints filed against Poland, in order to describe the latest literature and verify whether we are still dealing with violations of the European Convention on Human Rights in connection with the extension of detention. First of all, based on the literature on the subject, the author described the grounds for applying detention in the Polish Code of Criminal Procedure. Then, the following cases were analyzed using the case study method: Marciniak v. Poland, Czeszel v. Poland, Rudnicki v. Poland, Łakatosz v. Poland. The work culminates in the author's conclusions.","PeriodicalId":403517,"journal":{"name":"Kwartalnik Prawa Międzynarodowego","volume":"55 23","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140363201","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":"International humanitarian law and the war in Ukraine – Russian aggression and the legal-political possibilities of punishing the perpetrators","authors":"Joanna Siekiera","doi":"10.5604/01.3001.0054.4272","DOIUrl":"https://doi.org/10.5604/01.3001.0054.4272","url":null,"abstract":"International humanitarian law of armed conflicts (known as humanitarian law) is a set of rules that seek to limit the effects of armed conflict. It protects persons who are not or are no longer participating in the hostilities and restricts the means and methods of warfare. International humanitarian law is part of public international law and therefore regulates relations between states in times of peace and war. The aggression of the Russian Federation against Ukraine in February 2022, preceded by hybrid military operations in Crimea and the eastern regions of Ukraine since 2014, demonstrated – once again in the history of international law – that prosecuting and bringing perpetrators of war crimes before an international criminal court is not easy from the point of view of either law or politics, specifically their correlations with international relations. States are strongly dependent on each other, but the prospect of returning to the pre-war situation, with the desire to maintain the status quo at all costs, trouble-free economic exchange and, finally, the resumption of economic investments are all somehow in contradiction with the humanitarian obligation to stop the hostilities, and arrest and persecute the aggressor. It is no different in the case of the war in Ukraine, where achieving international justice seems to be a legal and political mirage.","PeriodicalId":403517,"journal":{"name":"Kwartalnik Prawa Międzynarodowego","volume":"8 8","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140364655","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}