Wyniki wyszukiwania - Biblioteka Nauki

1

Political Institutionalization of ethnic Minorities in Poland after 1989

100%

Budyta-Budzynska M.

Studia Polityczne (Political Studies)

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2004

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nr 15

7-45

EN

The article compares laws on ethnic minorities recently introduced in Poland with those existing in other countries in Europe and with international regulations in that field. The authoress discusses the questions how much the Polish regulations reflect the spirit of the time and of the region and to what extend they are related to the other elements of the Polish political system as well as to the historical and cultural environment. In July 2000 Poland ratified the Framework Convention for the Protection of National Minorities. It should be also mentioned that provisions concerning rights of minorities in the sphere of education, the state radio and television programs as well as in the electoral law are included in bilateral treaties concluded with all Poland's neighbors. Although such a state of affairs is provisional one, in the authoress' opinion it is the first step in right direction. Regretfully, even a personal engagement and support of Jacek Kuron, legendary co-founder of 'Solidarity' Trade Union and for many years the chairman of the Parliamentary Commission for National and Ethnic Minorities, could not convince the Polish Parliament to pass the general law regulating institutional rights of minorities in Poland, what illustrates how difficult that problem remains for the Polish authorities. Now, when Kuron has left the political scene, and the government battles with the budget deficit, the new legislation in that field does not seem to be the governmental priority.

2

CONCLUSION OF AGREEMENTS AND ADOPTION OF STATUTES REFERRED TO IN ARTICLE 25(5) OF POLAND'S CONSTITUTION (Zawieranie umow i uchwalanie ustaw, o ktorych mowa w art. 25 ust. 5 Konstytucji RP)

80%

Olszowka M.

Przegląd Sejmowy

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2010

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nr 6(101)

49-67

EN

The Constitution of the Republic of Poland of 2 April establishes in Article 25 (4) and (5) the model of bilateral (i.e. individual and wholly consensual) shaping of relations between the State and churches). Article 25(5) provides that the relations between the State and non-Catholic denominations are determined by statutes adopted pursuant to agreements concluded between their appropriate representatives and the government. In the author's view, the constitutional legislator intentionally refers to a private- law instrument of agreement which is inherently linked to some principles, including autonomy of will and freedom of contract. Consequently, parties are not required to negotiate and to conclude an agreement. An agreement does not constitute a source of universally binding law, but is only an obligatory element of the pre-legislative procedure which confirms that partial competence to create norms is conferred on religious denominations. The agreement provides a basis for a statute concerning relations with a religious organization, however both act does not have to be identical. The Constitution does not contain any substantial restrictions concerning the right to initiate legislation. Based on the requirement for any such statute to be adopted following the conclusion of an agreement, the author claims that the Sejm and the Senate may modify the content of ‘denomination' statute with the consent of a religious organization (differences of the legislative procedure). Withdrawal of consent by the latter (inadmissibility of an amendment) is allowed with some restrictions. The same procedure is applied to amend a particular law. Adoption of a number of statutes concerning one religious organization is allowed, as well as adoption of one statute concerning a number of religious organizations. The lack of detailed provisions in the rules of procedure of both chambers of parliament does not prevent the ‘denomination' statute from being adopted. This is the consequence of the principle of direct effect of the Constitution.

3

FREEDOM OF MOVEMENT IN POLISH LEGISLATION (Sloboda pohybu a pobytu v polskom prave)

80%

Chmielewski G.

Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)

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2011

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tom 94

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nr 2

115-130

EN

The author of this contribution tried to outline problems with freedom of movement. At the beginning it presents definition of freedom of movement and history of law related to freedom of movement in Poland. Then there are presents current legislation in Poland (with judicature Constitutional Court and administrative courts) and in the European Union.

4

THE FUNCTIONING OF THE CONSTITUTION OF THE REPUBLIC OF POLAND OF 2 APRIL 1997

80%

Sarnecki P.

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2007

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nr 4(81)

33-47

EN

Poland's Constitution of 2 April 1997 is a result of fundamental transformations of Poland's political system, initiated probably in April - September 1989 and manifested in numerous legislative acts in the years 1989-1997. During these 8 years several constitutional acts were temporarily in force, Poland ratified the European Convention on the Protection of Human Rights and Fundamental Freedoms and other significant conventions, many important laws were adopted and the political practice typical of modern democracies was established. In this context, the new constitution has rather incorporated those transformations that have proved to be effective, with only slight corrections, and not departed from the practice of the preceding 8 years. Nevertheless, the Constitution of the Republic of Poland, as a comprehensive legal act, reveals its current role of an act of the highest rank in the hierarchy of legal acts. The article provides an analysis of such influence on many levels corresponding to its formal structure and, particularly, its division into chapters. Such influence usually implements constitutional principles and values, which is particularly confirmed by the content of legislation and jurisprudence of the Constitutional Tribunal and other courts. However, in the author's opinion, it has also some defects. Among such defects are, above all, the lack of independence of public prosecutors from the government administration and the practice of frequent reconstructions of the composition of the Council of Ministers performed in fact by the Prime Minister, with only formal participation of the President of the Republic and without approval from parliament. This raises doubts whether we can really speak about the functioning of the government enjoying the confidence of parliament (its lower chamber), as provided for by the Constitution.

5

PREZIDENT REPUBLIKY A ZÁKONODÁRSTVÍ V ČR

80%

Koudelka Z.

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nr 3

227 – 236

EN

The president of the republic is not only the authority of executive power, whose competence is executive completely. As the head of the state he intervenes in the legislative power, where he has significant rights. The most important right is the right of veto, which is by the Constitution regulated as a suspensive, but toward the end of electoral term of the House of Deputies it usually becomes the absolute veto. There is a serious fault in the Contitution – the Constitution doesn’t solve the creation of acts, including constitutional acts, during serious threat to state, especially during the war. The example of president’s Beneš decrees proves that during the occupation of the state territory it is impossible to guarantee working Parlament as a great collective authority. The state continuity, including legislative and constitutional competence, is performed by the head of the state, although the Constitution doesn’t know such a competence.

6

GOVERNMENT COUNCIL OF THE SSR FOR NATIONALITIES AND ELABORATION OF THE ACT ON THE STATUS OF NATIONALITIES IN THE SLOVAK SOCIALIST REPUBLIC IN 1969 – 1970

80%

Šutajová J.

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tom 24

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nr 2

52 - 66

EN

The aim of the paper is to analyze the activities of the Government Council of the SSR for Nationalities in the years 1969-1970 in the preparation of a bill on the status of nationalities in the Slovak Socialist Republic and the changes that occurred in the Council at the beginning of the normalization process. These changes also affected the preparation of the draft law on the status of nationalities in the SSR and led to the resignation of the Council for the preparation of legislative norms, which were to further develop the constitutional law on the status of nationalities in the SSR. The Government Council of the SSR for Nationalities was one of the institutions formed in Slovakia after the establishment of the Czechoslovak Federation that addressed the issues of nationality. The Council also elaborated the standards for the Constitutional Act on the Status of Nationalities.

7

Market access issues for transgenic plants in Canada and abroad

80%

Anderson B.

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nr 2

34-40

EN

In this paper the factors affecting the commercialization of ag-biotech products in Canada destined for international markets. Public acceptance issues, lack of internationally harmonized regulatory systems and data requirements, politicized regulatory systems, intellectual property rights, unclear and inconsistent labeling laws, and the current uncertainty cultivated by the United Nations Convention on Biological Diversity (CBD) Biosafety Protocol, all contribute to market access barriers for Genetically Modified Organisms (GMOs) are discussed.

8

Freedom, Legislation and Mutual Constraint: Intersubjective Character of the Concept of Freedom in Kant

80%

Kloc-Konkolowicz J.

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2004

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tom 13

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nr 4(52)

213-226

EN

The main objective of the paper is to examine relations between three Kantian ideas: freedom, law and constraint, as they have been presented in the 'Foundations of Metaphysics of Morals'. The author argues that the close relationship between the three ideas testifies to a deeply social nature of Kant's philosophy. The possibility of mutual and universal constraint is crucial to the understanding of external freedom, whereas the possibility of self-constraint is fundamental to the understanding of inner freedom. Mutual constraint manifests itself as the negative side of the mutual acknowledgement of everyone's freedom. Coordination of freedoms is a liberal, but not a libertarian, concept; one's aim must not be a moral perfection of the others, but their happiness, in so far as it does not interfere with the moral law .

9

VIERA ALEBO RASA. DILEMY TVORBY PRVÝCH PROTIŽIDOVSKÝCH NORIEM NA SLOVENSKU

70%

Zavacká K.

Historický časopis (Historical Journal)

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2021

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tom 69

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nr 4

579 – 599

EN

The assumption that legislation should discriminate against citizens regarded as “Jews” was a basic feature of the Ľudák idea of state law in the period of the disintegration of Czechoslovak parliamentary democracy after the Munich Agreement. However, there were varying views on the question of definition of who would be covered by this legislation. From autumn 1939, internal debates in Slovakia’s autonomous political institutions, in the Ľudák controlled media and until 14 March 1939 in contacts with the central Czecho-Slovak ministries were carried on with the aim of accelerating the practical implementation of such legislation. In the official anti-Semitic discourse and subsequently also in the process of preparing and adopting anti-Jewish legislation, the influence of the traditional religious anti-Semitism supported by economic and cultural arguments overlapped with the newer and gradually strengthening racist argumentation derived from the Nazi Third Reich. The study is directed towards the origins of the Ľudák anti-Semitic legislation, and the argumentation strategy of its proposers, by which they introduced racist principles, and endeavoured to merge them with the proclaimed Christian basis of the Ľudák regime.

10

REGULATION OF STATE SYMBOLS IN THE SLOVAK REPUBLIC (Pravna uprava statnych symbolov v Slovenskej republike)

70%

Kuklis P.

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nr 4

319-329

EN

State symbols are an organic part of formal symbols of statehood. They are an external manifestation of the State, an expression of its sovereignty, independency and integrity. From the view of the science of constitutional law different approaches to the definition of the term of state symbols are applied. The State symbols are subject of the regulation of supreme power, i.e. of the constitutional law. The Constitution of the Slovak Republic in Article 8 provides that State symbols of the Slovak Republic are national emblem, national flag, national seal and national anthem. The legislation stipulating the details on State symbols of the Slovak Republic and their use is the Act No 63/1993 Coll. on State symbols of the Slovak Republic and their use, as amended. The use of State symbols is also regulated by other legislation. The violation of the legislation regulating the State symbols is sanctioned in several ways. The State symbols are closely related to the symbols of other subjects of public power. The recent trends in the creation of national States, the ambivalent approach to the efforts at 'federalization' of the European Union and the intuitive understanding of State symbols as an expression of the idea of the State prove the irreplaceable function of State symbols in the existence of the State and society. State symbols, particularly at the time of creation of new States and at the beginning of their existence, contributed - together with renewed or new-created symbols of other public authorities - to the renaissance of civil society.

11

VYHLÁŠKY ÚRADOV VEREJNÉHO ZDRAVOTNÍCTVA AKO PRÁVNY PREDPIS

70%

Kukliš P.

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nr 2

141 – 154

EN

The article deals with the ordinances of the Public Health Office and of regional public health authorities as a new type of generally binding legal act. The subject of criticism is the way in which the law empowered the Public Health Office and regional public health authorities – as state budget organizations – to issue generally binding ordinances. The way in which this legislation is published is also criticized.

12

LEGISLATÍVNA KULTÚRA

70%

Svák J. , Balog B.

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2018

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tom 101

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nr 4

345 – 360

EN

In legislation it will be necessary to always search for an optimal articulation of scientific requirements for rational law-making, reflecting the current social needs of society (law-making as a social process), institutional level of the legislative process (legal regulation of organization and management of the legislative process) and legislative-technical aspects of legislative work (requirements for legislative language and qualitative legislative-technical expression of objective plans) with law-making as a political process (forming of the political will in the legislative process, interaction of individual components of the political system in the legislative process, democratization of the legislative process). However, at the same time it is impossible to abstract from non-legal aspects or dimensions of legislation. Legislation is not only a mechanical creation of legal regulations. It has several dimensions. We must not forget its artisanal foundation, refuse its artistic dimension and reduce it to a „computer“ processing of a draft legal regulation.

13

SELECTED ISSUES OF THE COPYRIGHT IN MUSICAL COMPOSITION (PART II.) LEGAL ASPECTS OF PERFOMERS' CHANGES IN THE AUTHORIAL WORK FROM THE VIEWPOINT OF THE SLOVAK AND CZECH LEGISLATION (Slovak title - below)

60%

Adamov N.

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nr 5

427-438

EN

(Title in Slovak - 'Vybrane otazky autorskeho prava v oblasti hudobnej tvorby (II. cast) Pravne aspekty zasahov vykonneho umelca do autorskeho diela z hladiska slovenskej a ceskej pravnej upravy'). A performance of authorial piece of work is not only making of its use, but often the interpretation is connected with some interference beyond the author's intentions. Therefore, it is necessary to distinguish between 'the use of the work' as a general term, 'an intervention into the work' as a specific term and 'a processing of the work' as the most specific term. Within the processing of the work, parody has a peculiar position. On the one hand, it must stand in relation to the original work; on the other hand, this relationship is specific in that it more or less fundamentally denies the parodied work and simultaneously, so to speak, parasitizes upon it. In the parody of a musical work one must distinguish two levels: the relation of the reworked text to the original text and the relation of the reworked text to the original musical component. Where the relation of both texts is concerned, the parody might be unambiguously another work which does not devalue the original text, even while being its deliberate deformation, because the original text (as a separable part of the musical work) only creates an association on the basis of so-called gradual semiosis. What is fundamental, however, is that the significance of the new work is changed. In this case authorial legal protection could not be applied against such an encroachment, because only the thought included in the work would be affected.

14

DRUHÁ KOMORA PARLAMENTU

60%

Nikodým D.

Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)

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2011

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tom 94

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nr 6

531 – 544

EN

In the legal theory and practice we often encounter weaknesses that are attributed to the law-making. For the purposes of the improvement of parliamentary powers as a system solution, the introduction of bicameralism into legislation can be considered. A two-chamber system in plural democracy can contribute to the balancing of interests that may be competitive or conflicting, which can be observed in the regional policy as well. For the Slovak Republic as a unitary state, it is suitable to consider the setting up of the second chamber of a regional type. The regional and territorial development requires the mitigation of regional disparities. The second chamber can also contribute to the prevention of inflation in the law-making and insufficiently elaborated draft legislation. In the mutual relations of the chambers the method of settlement of disputes is important. The relations between chambers are also affected by the political composition. If it is more or less single-party, the importance of the second chamber may decline. It is assumed that elections in the individual chambers will take place at different dates. The application of a majority election system in the regional chamber is suggested to allow higher-tier territorial unites to exert an influence on the election of candidates. The possibility of candidature without membership in a political party is opening up.

15

VPLYV ÚNIOVÉHO PRÁVA NA MEDZINÁRODNÝ RÁMEC PRÁVNEJ ÚPRAVY ZODPOVEDNOSTNÝCH VZŤAHOV JADROVÉHO PRÁVA

60%

Novotná M. , Varga P.

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tom 98

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nr 2

128 – 148

EN

The paper deals with the civil law relationships for the nuclear damage caused by the nuclear incident that are, due to their specific character and potential cross-border consequences, regulated by means of international law. The emphasis in the paper is put on questions of the potential application and limits of the European Union (“EU”) legislation, represented by the Regulation Brussels I that is applicable to legal nuclear liability relations (eventually, their procedural aspects by application of this right by legitimate subjects) and mutual relationships between the Regulation and international nuclear liability conventions as well as questions of definition of concrete rules setting the jurisdiction of courts in matters of nuclear damages where the Regulation Brussels I may be applicable. An attention is given also to the question of potential application of the Regulation Rome II to legal relationships of nuclear damages and to the legal relationships that are closely connected with the nuclear damage compensation, though these are not directly regulated by international nuclear liability conventions.

16

SATISFYING THE MAJORITY? CASE STUDIES IN SLOVAK MINORITY POLICY 2006 – 2014

60%

Steuer M.

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nr 2

42 – 51

EN

The study analyses selected outcomes of the minority policy of the Slovak Republic between 2006 and 2014. By conducting a content analysis of three government manifestos (2006, 2010, 2012) and explanatory statements of three significant laws from this period, it shows that the measures approved by two executives (2006, 2012) aimed to satisfy the alleged demand of the majority for a more restrictive minority policy. The 2010 government made some effort towards more inclusive steps but its wavering political support prevented their effective implementation. The study also reviews the changes in the advisory institutions in this period which mirrored the overall approach to minority policy of the three executives.

17

AKTÍVNA LEGITIMÁCIA VEREJNÉHO OCHRANCU PRÁV V JUDIKATÚRE ÚSTAVNÉHO SÚDU SR

60%

Kanzelsberger J.

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nr 2

131 – 142

EN

This post includes considerations of the application of the provisions of the ombudsman law in response to the articles of the Constitution of the Slovak Republic governing the circle of those entitled to initiate proceedings before the Constitutional Court, namely the locus standi of the ombudsman. The author in this issue focuses on examining the resolutions of the Constitutional Court of the Slovak Republic in which the Constitutional Court decides on the adoption of the draft of the ombudsman to act because in recent months the application of these provisions and the Constitution regulating the locus standi of the ombudsman seems especially problematic in the context of petitions submitted to the Constitutional court by the ombudsman. The Constitutional Court in those cases dealt with the question of locus standi of the ombudsman to initiate proceedings about the unity of the legislation in the art. 125 paragraph. 1 of the Constitution.

18

POROVNANIE SPOLUPRÁCE ČESKEJ REPUBLIKY A SLOVENSKEJ REPUBLIKY S MEDZINÁRODNÝM TRESTNÝM SÚDOM

60%

Bednár D.

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nr 3

252 – 267

EN

The main purpose of this study is to highlight the relatively spartan legislation of the Slovak Republic concerning cooperation with the International Criminal Court by using comparative method (comparatum). The legislation of the Czech Republic was used as comparandum. Tertium comparationis lies in the proximity of the regulations, which were developed jointly and until the adoption of specialized legislation in the Czech Republic were almost identical. In conclusion, we assess that whether the legislation of the Slovak Republic in this area is sufficient or need to be changed and to propose possible solutions de lege ferenda, mainly changes in the Slovak criminal procedure Act, concerning international judicial cooperation in criminal matters.

19

HISTORICAL DEVELOPMENT OF REAL PROPERTY TAX REGULATION IN THE TERRITORY OF SLOVAKIA IN THE PERIOD OF 1918–2005

60%

Vartašová A. , Červená K.

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nr 5

895 - 930

EN

The collapse of the Austro-Hungarian monarchy and the establishment of the independent Czechoslovak state (1918) meant not only a geopolitical change for the territory of Slovakia, but also caused economic changes, which were reflected in the subsequent gradual changes in the legislation in force in the territory of the newly established state. One of the areas that have so far been little explored in detail and comprehensively in a historical context is the area related to the application of real property tax legislation in the territory of Slovakia. In this study the authors deal with the historical legal development of real property taxation in the period 1918–2005 in the territory of Slovakia in the geopolitical and economic historical context. Using standard scientific methods and available historical sources, the aim of the authors was to identify approaches to the concept of real property taxation in particular historical periods with reflection on legislation then in force. The authors have identified that real property tax legislation in the territory of Slovakia has historically been gradually simplified (unification and elimination of multiplication of tax obligations), concluding that the fundamental changes in the legislation were triggered by a change in the concept of taxation, which was historically linked to the political economic system applied in a particular historical period.

20

CRIMINAL RESPONSIBILITY AND ITS IMPORTANCE IN RELATION TO LOSSES IN THE ENVIRONMENT (Deliktualna zodpovednost a jej vyznam vo vztahu k stratam v zivotnom prostredi)

60%

Cepek B.

Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)

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2011

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tom 94

|

nr 2

161-169

EN

In conclusion, the legislation of criminal responsibility for the losses in the environment shows that the mechanism of damage and its recovery is not sufficient and does not cover any loss which occurs in the environment, both on substantive grounds as well as legal, in terms of substantive and but also procedure. Into the Slovak law is necessary to introduce a new category of losses in the environment, whether it will be referred to as non-material damage, environmental damage, damage in the environment and the like, especially with developing a mechanism for its application and enforcement in practice. Then the responsibility for this loss must be based on principles in essence, exactly the opposite of a lack of private legislation (principle and official compulsoriness application, long enough, or best indefinite period for application, restitution in kind or compensation, the extension of the statutory bodies to remedy provision their hierarchy, etc.