{"title":"Dopuszczalność odwołania od uchwał Krajowej Rady Sądownictwa w sprawach przeniesienia sędziego do innego wydziału","authors":"Krzysztof Olszak","doi":"10.31268/ps.2023.187","DOIUrl":"https://doi.org/10.31268/ps.2023.187","url":null,"abstract":"The presented article is devoted to the issue of admissibility of an appeal to a court against the transfer of a judge by a decision of the president of a court from one division to another division. The current statutory regulation, which does not provide for the possibility of an appeal to a court in every case of such a transfer, does not seem to be in line with the considerations made in the Court of Justice of the European Union’s judgement of 6 October 2021 in case C-487/19, hence it is necessary to determine their relevance for jurisprudence in Poland and to juxtapose those considerations with, i.a., the previous jurisprudence of the Constitutional Tribunal, taking into account the issue of judicial independence and the right to a court.","PeriodicalId":42093,"journal":{"name":"Przeglad Sejmowy","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69348167","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":"Posłanka Wanda Ładzina (1880–1966) i jej działalność w Polsce i we Francji","authors":"Anna Pachowicz","doi":"10.31268/ps.2023.188","DOIUrl":"https://doi.org/10.31268/ps.2023.188","url":null,"abstract":"The aim of this article is to present the life and activities of Wanda Ładzina, particularly her involvement in numerous spheres of charitable, political and social work and publishing. At various times in her life she was active in the French Red Cross (fr. Croix-Rouge française), and the Union of French Women (fr. Union des Femmes de France), and the Polish Red Cross. She was president of the Sisters’ Section of the Polish Red Cross (pol. Sekcja Sióstr Polskiego Czerwonego Krzyża), dressed wounded French soldiers participating in the First World War and later Polish soldiers fighting in the war against the Bolsheviks. She was also the caretaker of the Association of Catholic Servants in Lodz (pol. Stowarzyszenie Sług Katolickich w Łodzi), belonged to the National Women’s Organisation, Poland (pol. Narodowa Organizacja Kobiet, Polska), and the “Falcon” Polish Gymnastic Society. In 1922, in the elections of 5 November, she won a parliamentary seat on behalf of the Popular National Union; in the Sejm she sat on three committees: the Labour Protection Committee (pol. Komisja Ochrony Pracy), the Social Welfare Committee (Komisja Opieki Społecznej) and the Invalidity Committee (pol. Komisja Inwalidztwa); she was also active in the Polish-French parliamentary group. Wanda Ładzina fought above all for the social rights of female domestic workers, advocated the abolition of restrictions on women’s civil rights and the regulation of the status of employed women and working minors. During the Second World War, she was in France, active in the Polish Red Cross and, from 1941, in the Welfare Society for the Poles in France (fr. Groupement d’assistance aux Polonais en France, pol. Towarzystwo Opieki nad Polakami we Francji). After the end of the war, she decided to remain in France and published journalistic and religious texts. She died in Paris, was buried in the Montmorency cemetery.","PeriodicalId":42093,"journal":{"name":"Przeglad Sejmowy","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69348175","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":"Lewica o polskiej polityce wschodniej w XXI w.","authors":"Krystyna Trembicka","doi":"10.31268/ps.2023.168","DOIUrl":"https://doi.org/10.31268/ps.2023.168","url":null,"abstract":"The subject of the article is the views of the Left on eastern policy. The study covered the 21st century, as it brought decomposition at the level of the international system, with regard to the quality of international relations and in the geopolitical space. New challenges emerged for Poland. These challenges resulted from the imperial policy of Russia, the strengthening of the international position of Germany and its cooperation with Russia, lowering the level of security in Central and Eastern Europe, the crisis of the European Union, and the strategic and doctrinal reorientation of the North Atlantic Treaty Organization. In the first decade of the independent Third Republic of Poland, the main political parties and movements agreed on the implementation of two strategic goals: joining the North Atlantic Treaty Organization and accession to the European Union, achieved in 1999–2004. At the same time, politicians gave various answers to the issues and challenges outlined above, and disputes over the implementation of Polish foreign policy reduced its effectiveness. The Left was one of the participants in the dispute. In the Third Polish Republic, the Social Democracy of the Republic of Poland and the Democratic Left Alliance (the so-called post-communist parties) were of the greatest importance among the left-wing political parties, and from 2020 the New Left. The post-communist left ruled in Poland in the years 1993–1997 and 2001–2005, and then functioned as a parliamentary, extra-parliamentary and again parliamentary opposition. In January 2020, the Democratic Left Alliance adopted the name of the New Left, which remained after the unification with the Spring party.","PeriodicalId":42093,"journal":{"name":"Przeglad Sejmowy","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69367726","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":"Skarga międzypaństwowa do Europejskiego Trybunału Praw Człowieka w Strasburgu – potencjalne odrodzenie","authors":"K. Machowicz, Robert Tabaszewski","doi":"10.31268/ps.2023.172","DOIUrl":"https://doi.org/10.31268/ps.2023.172","url":null,"abstract":"This article deals with the theoretical, legal, and practical aspects of filing inter-state complaints to the European Court of Human Rights (ECtHR) and their consideration by the Court. It describes the evolution, essence, and current legal regulation of the institution of inter-state application expressed in the Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) and the ECtHR’s regulations. The article compares the qualitatively different complaints filed by post-Soviet states with those lodged by the so-called senior members of the Council of Europe (CoE) and examines the possible correlation between them. The article describes to what extent the inter-state application is the primary mechanism for ensuring verification of mutual compliance with the provisions of the ECHR as objective obligations, and to what extent it reflects the political aspirations of states-parties. However, the analysis shows that, in the vast majority of cases, states submit complaints in order to obtain short-term political and economic benefits. It has been shown that some inter-state applications are in fact disguised individual complaints.","PeriodicalId":42093,"journal":{"name":"Przeglad Sejmowy","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69367820","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":"Glosa do Wyroku Sądu Najwyższego z dnia 15 października 2021 r., sygn. akt I CSKP 226/21","authors":"Justyna Łacny","doi":"10.31268/ps.2023.170","DOIUrl":"https://doi.org/10.31268/ps.2023.170","url":null,"abstract":"The Supreme Court ruled on 15 October 2021, ref. no. I CSKP 226/21, that the provisions of the Civil Code set out in Article 509 and subsequent articles are not applicable to assignment agreements (cession agreement) concerning EU funds. According to Article 509 of the Civil Code, a creditor may, without the debtor’s consent, assign a claim to a third party, unless this would be contrary to the law, a contractual condition, or the nature of the obligation. In commented judgement, the Supreme Court stated that an assignment agreement concluded between a beneficiary of EU funds (assignor, debt seller) and a third party (assignee, debt buyer) has legal effects with respect to the debtor, which is a public administration body granting subsidies from EU funds, only if it has been approved by this body. In the absence of approval, the public administration body is not obliged to perform such an agreement and the claim for a subsidy from EU funds, which debt seller transferred to debt buyer by means of an assignment agreement, may pay to the benefit of the debt seller. This unprecedented thesis, excluding the application of the Civil Code to assignment agreements relating to EU funds, leads to the question of its scope of application. Does the requirement set forth by the Supreme Court to approve assignment agreements by the public administration body apply only to the case at hand, or does it have universal character and should be applied to all assignment agreements concerning EU fund? A question arises as to the legal remedies available to the parties to such agreements to protect their rights under unapproved assignment agreements, who, on the date of their conclusion, could not have known about the requirement for their approval and thus fulfil the formalities required for this purpose. That issue will be addressed in this article.","PeriodicalId":42093,"journal":{"name":"Przeglad Sejmowy","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69367777","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":"Symulakrum Zachodu? O rosyjskim podejściu do prawa międzynarodowego Lauri Mälksoo O osobliwościach rosyjskiego stosunku do prawa międzynarodowego tłum. M. Klimowicz, Centrum Polsko-Rosyjskiego Dialogu i Porozumienia, Warszawa 2022, s. 352","authors":"Ł. Święcicki","doi":"10.31268/ps.2023.192","DOIUrl":"https://doi.org/10.31268/ps.2023.192","url":null,"abstract":"It has long been known that the West and Russia have a different approach to international relations. However, whether this different approach also extends to the attitude towards international law was not so widely known. As Lauri Mälksoo proves in his book on the Russian approach to international law, although attempts have been made to westernise the law, Russia has developed its own understanding of international law over the centuries. The efforts of pro-Western modernisers proved ineffective. The Soviet period in particular played a huge role in the victory of Russian nativism. Paradoxically, it was then that the Russian theory of international law was essentially based not on the assumptions of Marxism-Leninism, but on an ethnocentric, nativist, Eurasian vision stemming from Russian history and tradition. Contemporary Russia is not far from the model that emerged then.","PeriodicalId":42093,"journal":{"name":"Przeglad Sejmowy","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69348325","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":"Glosa do Postanowienia Sądu Najwyższego z dnia 26 maja 2021 r., sygn. akt I KZP 11/20","authors":"J. Kulesza","doi":"10.31268/ps.2023.169","DOIUrl":"https://doi.org/10.31268/ps.2023.169","url":null,"abstract":"Historical, systemic and purposeful interpretations make it impossible to assume, as the Supreme Court did in the decision discussed herein, that the mere physical presence for military service, even when one is in a physical state that makes it impossible to serve, abolishes the punishability of the act under Article 144 § 1 of the Polish Criminal Code. The duty to defend the Republic of Poland, as one of the constitutional civic duties, covers in its scope such performance of military service, that increases the state’s defense potential. Reporting for service under the influence of alcohol reduces this potential. Only behavior aimed at protecting the legal good in the form of state defense abolishes the punishability of the act in question. Failure to appear for service is punishable when it covers the physical failure to report for service, but also reporting for duty in such a physical or mental state that excludes the ability to perform this service. Also, the lack of, for example, documents necessary for admission to service implies the commission of the said crime.","PeriodicalId":42093,"journal":{"name":"Przeglad Sejmowy","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69367768","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":"Glosa do Postanowienia Rady Stanu z dnia 18 maja 2020 r. w sprawie M.W. i inni.Przestrzeganie kolektywnego wymiaru wolności religii w czasie epidemii we Francji","authors":"Jacek Falski","doi":"10.31268/ps.2023.191","DOIUrl":"https://doi.org/10.31268/ps.2023.191","url":null,"abstract":"The commentary analyses the interim order of the Council of State of 18 May 2020 in the case of M.W. and Others, declaring the maintenance – during the first phase of the relaxation of the quarantine restrictions – of the ban on meetings and assemblies in places of worship, with the exception of funeral ceremonies involving up to 20 people, to be a serious and obviously unlawful infringement of freedom of religion. A counterpoint to this analysis is the preceding presentation of European law regulations and the position of the reference European courts on this subject.","PeriodicalId":42093,"journal":{"name":"Przeglad Sejmowy","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69348322","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":"Problem realizacji praw wyborczych kobiet w Polsce międzywojennej: debata na łamach prasy dla katoliczek","authors":"E. Maj","doi":"10.31268/ps.2022.102","DOIUrl":"https://doi.org/10.31268/ps.2022.102","url":null,"abstract":"The women’s right to vote was recognised by the Second Polish Republic in 1918. That led to certain changes in the politics of the country. The Catholic women’s press played a major role in examining what was influencing female voters. There were two points of interest for political journalism: 1) the justification of women’s right to political equality by showing Polish women as heroines throughout the Polish history; 2) popularisation of women’s right to vote. Readers were encouraged to learn how Polish women gained voting experience. The press was particularly interested in Catholic female Members of the Polish Parliament and deputies for the Silesian Sejm. The debate itself was repeating the patterns of the patriarchal system and the archetype of the Polish Mother and the Polish-Catholic woman. Thus, they were shown as defenders of the traditional way of doing politics, assuring that after gaining the suffrage the Polish women would vote for the Catholic National political parties.","PeriodicalId":42093,"journal":{"name":"Przeglad Sejmowy","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69346663","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":"Ograniczanie czy obrona wolności słowa? Rozważania na temat koncepcji regulacji dotyczącej działalności mediów społecznościowych","authors":"Ewa Milczarek","doi":"10.31268/ps.2022.114","DOIUrl":"https://doi.org/10.31268/ps.2022.114","url":null,"abstract":"Freedom of expression is an element of a democratic state of law. It enables obtaining information and opinions on the activities of state authorities as well as social organisations and private entities. So far, it has functioned in a civic-state relationship, protecting society against excessive censorship by those in power. Currently, it is also becoming a tool for protecting network users from corporations managing social media. In this context, two important issues need to be considered. Firstly, whether restricting freedom of speech by social media platforms or certain individuals (preventing publication of certain content) is consistent with the applicable law. Secondly, is a possible law regulating these issues a step towards protecting freedom of speech or a tool for its restriction? The aim of the article is therefore to answer the following research question: whether and in what form content shared on social media should be regulated. To this end, the author analyses whether social-media can now be considered a public place and what implications are associated with such an assessment. The impact of the new environment – the Internet – on freedom of speech was also analysed in the context of the necessity to establish a separate regulation protecting this value.","PeriodicalId":42093,"journal":{"name":"Przeglad Sejmowy","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69346953","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}