{"title":"Czy potrzebna nam jeszcze jedna biografia Zygmunta Wojciechowskiego? Pożytek z klasyków","authors":"H. Olszewski","doi":"10.15804/tpn2015.1.01","DOIUrl":"https://doi.org/10.15804/tpn2015.1.01","url":null,"abstract":"Zygmunt Wojciechowski (1900–1955) was a historian of law at the University of Poznan. A student of one of the greatest Polish historians – Oswald Balzer – he was a medievalist, heavily involved in politics both in the times of Second Republic and the beginning of the Polish People’s Republic. His works comprised of content of cognitive qualities, but was always strongly coloured with politics. He was the creator of the theory of native Polish lands, located between Odra, Warta and Vistula Rivers. He is looking at history through the prism of Polish-German relations and he critically evaluates the history of the state, which moved away from traditional Polish settlement areas and led a disastrous policy of expansion to the East, which brought its fall and partitions. Wojciechowski welcomed the return of Poland to the western lands (recovered) in 1945, as a compensation of wrongs suffered in the struggle against Germany. The literature on works of Wojciechowski is controversial and requires recognition in a new synthetic book, which is the main thesis of this study","PeriodicalId":413483,"journal":{"name":"Themis Polska Nova","volume":"59 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123812824","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":"Muzyka w Kościele a prawo autorskie","authors":"Grzegorz Tylec","doi":"10.15804/tpn2013.2.09","DOIUrl":"https://doi.org/10.15804/tpn2013.2.09","url":null,"abstract":"","PeriodicalId":413483,"journal":{"name":"Themis Polska Nova","volume":"61 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114740485","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":"Kultura polityczna a możliwość odmowy publikacji w prasie reklam i prywatnych ogłoszeń","authors":"Maria Gołda-Sobczak","doi":"10.15804/tpn2014.1.11","DOIUrl":"https://doi.org/10.15804/tpn2014.1.11","url":null,"abstract":"The problem of the opportunity to place advertisement in mass media has been analysed both by Polish courts and the European Court of Human Rights only with regard to the content of said advertisement and its reference to current legal advertising bans. However, there occurred a significant problem not only from the point of view of the freedom of press, but also civil liberties, namely that of presenting advertisement undesired by newspaper editors. Cases tried by Polish courts, one being subject to analysis of the European Court of Human Rights, prove that within the scope of placing advertisement the voice of publishers and editors is decisive. Any citizen referring to the freedom of speech stands no chance that the content of advertisement presented by them will be published. Free press is to be free to choose advertisement, and what’s crucial here is the economic freedom of contract. tantamount to conceding that this norm ceases to exist, but only affirms that it cannot be applied.","PeriodicalId":413483,"journal":{"name":"Themis Polska Nova","volume":"77 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126214775","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":"Programy wyspecjalizowane jako zadanie w realizacji misji publicznej nadawcy publicznego","authors":"K. Chałubińska-Jentkiewicz","doi":"10.15804/tpn2014.1.08","DOIUrl":"https://doi.org/10.15804/tpn2014.1.08","url":null,"abstract":"The remit of public service broadcasting includes the obligation of universal programming, which covers all kinds of programmes such as culture, news, entertainment and sport. Several European Union documents stress the special role of Public Service Broadcasting (PSB) in society and acknowledge a far-reaching autonomy of Member States to define and finance their national system of public service broadcasting. All European countries have defined remits for their public service broadcasters. The definition of the mission of PSB in Poland is only related to the activity of the public radio and television. Also the way PSB gives account for its programme activities, and the control of the way PSB fulfils its remit. Theme channels are part of the remit of public service broadcasting. These channels are considered as important and almost self-evident activities of PSB. Nevertheless there is a need for such provisions to define the mission of PSB in Poland. This is necessary to further specify the criteria used to determine whether a service of theme channels which are transmitted by the public television is of an economic or a non-economic nature. This is the most important because of the requirements of state financing of public service broadcasters. These transparency requirements are internal accounts corresponding to different activities – public service and non-public service activities must be separated.","PeriodicalId":413483,"journal":{"name":"Themis Polska Nova","volume":"6 6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125697070","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 domniemania niewinności a dziennikarska sprawozdawczość sądowa","authors":"Emil Smardz","doi":"10.15804/tpn2018.2.11","DOIUrl":"https://doi.org/10.15804/tpn2018.2.11","url":null,"abstract":"The author analyses presumption of innocence in the media’s reporting of the judicial procedures. The principle of presumption of innocence says that the accused will be considered not guilty, unless his guilt will be proved in the final judgment of the court. This principle is written down in art. 42.2 of the Polish Constitution and art. 5 § 2 of the criminal procedure code. The above principle concerns all people, i.e. authorities of criminal process, police, administration agencies and even simple citizens. The Polish press law prohibits publication of personal data of the accused without the consent of public prosecutor or court as well as data of the injured person and witnesses without their consent. The press law also prohibits to prejudge the guilt of the accused before his conviction by the court of first instance. Alas, there are numerous cases of violation of such rules. Today one observes the increasing process of infotainment of mass media becoming more and more tabloid. They have a negative influence on realization of principle of presumption of innocence in everyday practice.","PeriodicalId":413483,"journal":{"name":"Themis Polska Nova","volume":"57 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132409661","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":"Przestępstwa prasowe czy przestępstwa popełniane przez dziennikarzy","authors":"J. Sobczak","doi":"10.15804/tpn2013.2.01","DOIUrl":"https://doi.org/10.15804/tpn2013.2.01","url":null,"abstract":"","PeriodicalId":413483,"journal":{"name":"Themis Polska Nova","volume":"475 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133018583","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":"Prawnokarne i kryminologiczne aspekty zjawiska nękania","authors":"Magdalena Budyń-Kulik, Marek Mozgawa","doi":"10.15804/tpn2012.2.02","DOIUrl":"https://doi.org/10.15804/tpn2012.2.02","url":null,"abstract":"","PeriodicalId":413483,"journal":{"name":"Themis Polska Nova","volume":"42 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133760284","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":"Dochodzenie roszczeń związanych ze szkodą wyrządzoną wadliwą decyzją administracyjną","authors":"Agnieszka Łąpieś-Rosińska","doi":"10.15804/tpn2014.2.10","DOIUrl":"https://doi.org/10.15804/tpn2014.2.10","url":null,"abstract":"The issue of pursuance of claims connected with damage inflicted by defective administrative decision was regulated by section 160 of the Administrative Procedure Code (APC) until 1 September 2004. The section was the basis for pursuance of claim in connection with ascertaining invalidity of administrative decision or a decision issued with breach of the law. However, since 1 September 2004, i.e. after the amendment of the Civil Procedure Code(CPC) came into force, the basis for liability for damage caused by final administrative decision issued before 1 September 2004 – even if its invalidity or issuing with breach of law were established after that date – constitutes section 160 of the APC - but only in the aspect of determining the wrongful act or premisses of responsibility (clauses 1–3) and also prescription of claim (clause 6). It is not applicable to the procedure (mode) of pursuance of claim (clause 4&5). In the present law, regardless of the date of issue of decision, the appropriate and only way of pursuance of claim is a lawsuit in court. This means that the administrative mode has been excluded, regardless of the basis of responsibility arising from section 160 of the APC or section 417(clause 2) of the CPC. The range of responsibility for defective decision issued before 1 Sept 2004 has also been differentiated, since the party claiming damage can demand compensation for sustained losses and lost benefits on the basis of section 160 of the APC – if the damage was caused between 17 Oct 1997 and 31 Aug 2004. If the damage was caused before 17 Oct 1997, the party can only demand compensation for sustained losses.","PeriodicalId":413483,"journal":{"name":"Themis Polska Nova","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127897349","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":"Konstytucjonalizacja mniejszości narodowych i etnicznych – z dyskusji nad artykułami: 35, 13 i 27 Konstytucji RP z 1997 r.","authors":"Ryszard Chruściak","doi":"10.15804/tpn2011.1.05","DOIUrl":"https://doi.org/10.15804/tpn2011.1.05","url":null,"abstract":"","PeriodicalId":413483,"journal":{"name":"Themis Polska Nova","volume":"519 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116259184","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":"Dostęp do protokołów z rozpraw sądowych w postępowaniu cywilnym w systemie portalu informacyjnego sądów apelacji warszawskiej","authors":"Paulina Kosior","doi":"10.15804/tpn2018.2.12","DOIUrl":"https://doi.org/10.15804/tpn2018.2.12","url":null,"abstract":"Legislator in Poland from 2010 started procedure of computerization civil proceedings. The biggest modification of the Civil Code and Civil Code of Procedure was introduced at 8 September 2016, from when both parties to court proceedings have access to electronic protocols, pleadings and have a possibility to submit pleadings via IT system. This article aims to describe the access to electronic protocols in civil proceedings based on the Information portal of courts of the Warsaw Appeal. The Information portal of courts of the Warsaw Appeal is a system, which can be used by both parties in a court proceeding, by attorneys, judges and prosecutors. This information portal includes courts in/on the area of the Warsaw Appeal Court. The Information portal contains documents„ which the courts have made, current information about court proceedings, dates of cases, electronic protocols and recordings. The considerations elaborated in this article relate mainly to the access of the electronic protocol in civil procedure, how the Information portal works and which effect it have on the momentum of the trials. The aim of the computerization done by the Polish Legislator was to accelerate the civil proceedings, allow to deliver documents made by court or by each party of proceeding, lower the costs of proceeding and simplify the proceeding. In conclusion it should be pointed out that the positive aspects of access to the protocols from hearings prevail over the information portal of the Warsaw appeal.","PeriodicalId":413483,"journal":{"name":"Themis Polska Nova","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117205117","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}
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