Wyniki wyszukiwania - Biblioteka Nauki

1

Council of Europe in the Debate about Environmental Protection and Climate Change. Facing a Democratic Challenge in the 21st Century.

100%

Machińska H.

Yearbook of Polish European Studies

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2013

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tom 16

s.235-246

EN

The 21st century has been characterised by intense transition and vast challenges. Environmental degradation and climate change are areas that exert enormous impact on the economic, political, cultural and social functioning of regions, nations and society as a whole. The consequences of all these changes are leading to broad divisions throughout the world and large asymmetries in the division of economic inequalities, giving rise to increasing conflicts and serious crises, which in some regions of the world take the form of a mega-crisis. International organisations, non-governmental organisations, outstanding authorities and think-tanks all present various scenarios for the development of the world situation, stressing at the same time the need to eradicate the negative tendencies evoked by environmental pollution and climate change. In this context the role of the Council of Europe and its agencies is enormous. The Council of Europe, an organisation that establishes standards in the area of human rights, democaracy and the rule of law, is responsible for supporting nations in their democratic transformations.The Council, with its myriad of legal achievements and instruments, includning the European Convention on Human Rights, and great institutional potential in the form of the Parliamentary Assembly, the Committee of Ministers, the Commissioner for Human Rights and the Congress of Local and Regional Authorities can be an important partner in the global dialogue aimed at stopping climate change and unfavourable occurrences in the environment. The participation of the Council of Europe in the debate on the preparation of the Global Climate Treaty in 2015 offers it the chance to accomplish its mandate, and at the same time provides it with the opportunity to make use of all its legal achievements and institutional potential.

2

Racja stanu a polska prezydencja

80%

Jackowska N.

Przegląd Zachodni

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2012

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nr 2(343)

59-68

EN

Presidency of the Council of Europe is an institution of the European law which has been exercised since 1958 and evolves together with changes of the treaty and the dynamism of development of the European Communities and the EU. It binds the European communities to their foundation, i.e. national states, and by giving prominence to the subjectivity of the state it facilitates references to the idea of the reason of state. In Poland, this idea manifested its validity in the last decades which are identified with the democratic breakthrough and transformation of the state system of government. The civic theme voiced in public rhetoric showed the reason of state in a new light, revealing its affinity to national interest. The civic foundation of statehood is expected to contribute bold and convincing ideas to the European debate on the future. This will help to outline a new interpretation of the notion of the reason of state, compatible with the model of a state that realizes its sovereignty within the framework of an institution of transnational cooperation.

3

NIK Audytorem Rady Europy – kontrola sprawozdań finansowych

80%

Banaś P.

Kontrola Państwowa

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2014

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tom 59

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nr 6 (359)

163-165

EN

The Committee of Ministers of the Council of Europe has decided that the Supreme Audit Office, for the next five years, will be the external auditor of the Council of Europe. Auditors from NIK will give an opinion on financial statements of the Council of Europe, and they will examine whether these statements present a reliable and real picture of the financial situation of the Council and its units. This is another prestigious task that NIK will deal with, which is at the same time very demanding.

4

Klauzule rozłączności w konwencjach Rady Europy

80%

Filipek P.

Politeja : Pismo Wydziału Studiów Miedzynarodowych i Politycznych Uniwersytetu Jagiellońskiego

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2014

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nr 6(32)

241-259

EN

Under the auspices of the Council of Europe more than 200 international agreements were drafted and concluded. They foster closer cooperation primarily among member states and set Pan‑European legal standards. In some Council of Europe conventions special clauses have been introduced that allow a group of parties for a derogation from convention obligations – they are known as “disconnection clauses”. Disconnection clauses resemble conflict of law rules, are general in nature, normally are formulated in a unconditional way, and operate automatically. They are meant to provide protection for regulations established by more closely integrated states, e.g. Nordic states or the European Union. For the latter, they are crucial as they safeguard the EU autonomy and uphold primacy of EU rules vis‑à‑vis international obligations of member states. Yet disconnection clauses raise much concern as contributing to further fragmentation of international law and may possibly have a disadvantageous effect on compliance with and consistency of legal standards in Europe.

5

Republika Bułgarii: Decyzja numer 13 Sądu Konstytucyjnego Bułgarii z dnia 27 lipca 2018 r.

80%

Pogłódek A.

Przegląd Sejmowy

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2021

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nr 3(164)

223-241

EN

Republic of Bulgaria: Decision number 13 of the Constitutional Court of Bulgaria of 27 July 2018

6

Koncepcja społecznej odpowiedzialności biznesu w warunkach gospodarki opartej na wiedzy – instytucjonalne wsparcie Rady Europy

80%

Machowicz K.

Wschód Europy. Studia humanistyczno-społeczne

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2019

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tom 5

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nr 2

EN

The Council of Europe has long dealt with different aspects of corporate social responsibility, but it began to support this concept in a more systemic way comparatively recently. Furthermore, the creation of legal instruments has to take into account the specificity of the operation of the Council of Europe as a regional organization as well as the growing role of actors other than states in the international arena.

PL

Rada Europy od dawna zajmuje się różnymi aspektami społecznej odpowiedzialności biznesu, ale stosunkowo niedawno rozpoczęła udzielać wsparcia tej koncepcji w sposób bardziej systemowy. Tworzenie instrumentów prawnych musi uwzględniać przy tym specyfikę działania Rada Europy jako organizacji regionalnej oraz rosnącą na arenie międzynarodowej rolę aktorów innych niż państwa.

RU

Совет Европы уже давно занимается различными аспектами корпоративной со- циальной ответственности, но сравнительно недавно он начал поддерживать эту концепцию более системно. Кроме того, создание правовых документов должно учитывать специфику дея- тельности Совета Европы в качестве региональной организации, а также растущую роль других участников, помимо государств, на международной арене.

7

Critical evaluation of new Council of Europe guidelines concerning digital courts

80%

Świerczyński M. S.

Review of European and Comparative Law

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2022

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tom 48

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nr 1

133-155

EN

Digitalisation of courts plays an increasingly important role in dispute resolution. It has the ability to improve access to justice by facilitating faster and less costly access to courts, thereby making dispute resolution more effective and efficient. However, wide use of digital courts also has the potential to restrict access to justice. Attention needs to be given to issues of authentication and identification of the parties, digital divide, cybersecurity and personal data protection. This paper concerns recent guidelines of the Council of Europe that aim to fully address these issues and assist member States in ensuring that implemented digital techniques in the courts do not undermine human dignity, human rights and fundamental freedoms. The author answers and critically evaluates the specific questions and doubts relating to the content of the guidelines. The author’s recommendations can be taken into consideration by the Council of Europe in future updates of the guidelines.

8

The implementation of commitments regarding the Polish minority in Lithuania in the Council of Europe’s system

80%

Błaszczak J. J.

Border and Regional Studies

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2020

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tom 8

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nr 3

95-109

EN

The Polish minority is currently the largest national minority group in Lithuania. The main aim of this paper is to examine the extent of implementation of commitments under the Framework Convention for the Protection of National Minorities. This document is recognised as one of the most important international law frameworks regulating the rights of national minority members. In this paper, three selected areas in which discrimination of the Polish minority has occurred will be summarised: access to education, to the media, and linguistic rights. The expiration of the law on national minorities in 2010 will be discussed as a crucial factor contributing to the increasing discrimination of Poles in Lithuania. Moreover, this study will be referring to the recommendations of the Council of Europe Advisory Committee.

9

Komentarze do międzynarodowych i europejskich aktów ochrony praw człowieka (artykuł recenzyjny)

70%

Zajadło J.

Przegląd Sejmowy

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2014

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nr 4(123)

99-110

EN

The purpose of this review article is to evaluate the four commentaries on the instruments of international protection of human rights, which has appeared recently in the Polish literature of the subject. At the outset, the author provides the characteristics of the commentaries as a form of scientific statements in genere, and then tries to reconstruct the attributes of a good commentary in specie. To this aim, he applies the typology of scholar lawyers proposed by the Hungarian theorist of law and constitutionalist András Jakab. The main part of the article is the evaluation of the four comments: two of them concern the European Convention for the Protection of Human Rights and Fundamental Freedoms, edited by Marek A. Nowicki and Leszek Garlicki, one to the Covenant on Civil and Political Rights, edited by Roman Wieruszewski and one to the Charter of Fundamental Rights of the European Union, edited by Andrzej Wróbel. Despite the differences in terms of form, content and methodology, but they all deserve a very high rating.

10

Prawne i polityczne aspekty polityki antydyskryminacyjnej Rady Europy

70%

Bednarczyk B.

Krakowskie Studia Międzynarodowe

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2013

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nr 2

45-60

EN

Council of Europe has a long history of combating discrimination, although this subject has been dealt with in different institutional setting. The principles of equality and non-discrimination feature prominently and repeatedly in the Council of Europe documents. Promoting human rights and non-discrimination have been focal issues for the Council of Europe ever since its founding, paving the way for numerous policy measures, campaigns, conferences, trainings and debates. This paper presents current trends in Council of Europe’s non-discrimination policy, as well as the historic review of the process of its development. It focuses, both on the presentation of instruments and practical effects. The Council of Europe has played a key role in the development of a common anti-discrimination agenda. European Convention on Human Rights and Fundamental Freedoms and the Protocol no. 12, as well as the other instruments dealt with in this presentation, were a major step in the fight against discrimination in Europe. At the level of general orientation of the Council of Europe policy against discrimination the legislation prohibiting discrimination brings forth effective results. Nevertheless, combating discrimination and un-equality requires more than prohibition. Therefore, the Council of Europe must not see progress to date as the endgame, but rather a first step towards a society in which everyone can participate equally.

11

Ewolucja zdrowia jako kategorii prawnej w systemie ochrony praw człowieka Rady Europy

70%

Tabaszewski R.

Studia Ełckie

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2019

|

tom 21

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nr 4

583-594

EN

The aim of the article is to show the evolution of health and its place in the Council of Europe human rights protection system. The author analyses the main legal acts: European Convention on Human Rights, European Social Charter, European Convention on Social and Medical Assistance, Medicrime Convention and many others. The author shows the evolution and approach to health of the Council of Europe institutions: Committee of Ministers, Parliamentary Assembly of the Council of Europe, European Court of Human Rights, The European Directorate for the Quality of Medicines, The Steering Committee for Human Rights. In the light of the above analysis legal protection of human right to health remains unsatisfactory. The European Convention on Human Rights does not guarantee a right to health-care or a right to be healthy. This is guaranteed, however, by other documents. From European legal perspective only an integrated approach to human right to health, taking into account both civil, political, economic, social and cultural rights, seems the most stable response to health care needs.

12

EU aspirations of the Republic of Serbia – an overview

70%

Bujwid-Kurek E.

Przegląd Europejski

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2016

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tom 2016 (40)(2)

10-25

EN

The primary purpose of this paper is to ascertain the degree to which the Republic of Serbia is ready for full membership of the European Union. Therefore the criteria set by the European Union for the countries aspiring to membership have been examined, including in particular the Copenhagen criteria of 1993. The assessment expressed in the European Parliament resolution of 18 April 2013 has also been taken into account. In many respects, the Republic of Serbia is not yet fully prepared for membership in the European Union, but on 20 January 2014 negotiations started on Serbia’s accession to the EU. Their results will be conditional on the course and pace of the talks concerning the normalisation of relations between Serbia and Kosovo. The date of Serbia’s eventual accession to the European Union is expected to be 2020.

13

European Right to Information and Consultation Employees and Employers

70%

Świątkowski A. M.

Studia Prawnicze: rozprawy i materiały

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2023

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tom 32

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nr 1

45-61

EN

The right of employees and, at the same time, the obligation of employers in employment matters was regulated by the European Social Charter modified on 3 May 1996. Employees employed in Member States of the Council of Europe were granted, among others, the right to information and consultation in the establishments where they were employed. With a view to ensuring the effective use of the above rights in enterprises by employees, the modified Social Charter obliges entrepreneurs to inform and consult employees and their representatives – trade union organizations – about all financial and economic matters of the workplace employing them and about draft decisions taken by employers, that may affect the interests of employees. The author, a member and vice-president of the European Committee of Social Rights, analyzes and discusses in this scientific study the implementation and effects of actions taken by member states of the Council of Europe necessary – in the understanding of employees – to achieve the above goal.

14

Where there is a will, there is a way: some remarks on institutional distance in the Polish-German borderland

70%

Wróblewski Ł.

Border and Regional Studies

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2021

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tom 9

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nr 1

39-62

EN

This study concerns the problem of institutional distance between local government units, and its impact on the cross-border cooperation of regional and local authorities in the Polish-German borderland. Contrary to cross-border cooperation per se, the analyzed notion is not featured regularly in the subject literature. Above all, the existing studies focus on the forms of, barriers to, and conditions for cross-border cooperation, the assessment of cross-border cooperation projects co-financed by the EU, and the broadly conceived social and economic cross-border ties. On the other hand, there is a shortage of studies analyzing the competencies of various local government units with regard to cross-border cooperation. Hence, this article examines the competencies of local government units with respect to cross-border cooperation based on the example of the Polish-German borderland. The adopted research method involves the analysis of the subject literature, domestic legislation in Poland and Germany, and the documents and legal acts of the Council of Europe and the EU.

15

Participation in Slovenian Urban Municipalities – Theory and Practice

60%

Rakar I. , Kozjek T. , Benčina J.

Journal of Modern Science

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2016

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nr 4(31)

297-310

EN

The paper presents a theoretical overview of local participation and the results of empirical research conducted on a population of Slovenian urban municipalities. The authors tried to learn how Slovenian urban municipalities assess the implementation of activities that effect the principle of participation at the local level as defined by the Council of Europe’s Strategy for Innovation and Good Governance at Local Level. Most municipalities believe they actively invite citizens to participate in decision making and citizens are consulted in the early stages of the decision-making process. Taken together with the findings of a survey conducted in 2014 on a population of all Slovenian municipalities, the results show that there is still room for improvement in participation, particularly with regard to the proactive behaviour of municipalities.

16

Comparative analysis of the legislation in sphere of Internet governance in Central and Eastern Europe

60%

Shcherbovich A. A.

Prawo

|

2019

|

nr 327

325-338

EN

The article deals with a comparative analysis of provisions of national legislation and draft legislation initiatives of the nations of Central and Eastern Europe on regulation of the Internet. Special attention is paid to legislative measures infringing human rights of Internet users. Here we need to stress the importance of international law which could guarantee realization of the human rights of users, as well as integrity of the Internet. Finally, the article suggests the most important provisions of the international rules for these purposes.

17

Twenty Years of Poland's Euro-Atlantic Foreign Policy

60%

Zięba R.

International Studies. Interdisciplinary Political and Cultural Journal

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2011

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tom 13

27-39

EN

During the years 1989-1991, after a deep transformation of the internal system and the international order in Europe, Poland pursued a sovereign foreign policy. The new policy had the following general goals: 1) to develop a new international security system which would guarantee Poland's national security; 2) to gain diplomatic support for the reforms conducted in Poland, including primarily the transformation of the economy and its adaption to free market mechanisms, which were designed to result in economic growth; and 3) to maintain and increase the international prestige of Poland and the Poles, who had been the first to commence the struggle to create a democratic civil society in the Eastern bloc. Implementing this new concept of foreign policy, Poland entered the Council of Europe in November 1991. The following year, Warsaw started to strive for membership of NATO, which was achieved in March 1999. A few years later, Polish leaders pursued policies in which Poland played the role of a "Trojan horse" for the USA. This was manifested most clearly during the Iraqi crisis of 2003, and in the following years, particularly in 2005-2007. From spring 1990 Poland aspired to integration with the European Community; in December of the following year it signed an association agreement, which fully entered into force in February 1994. In the period 1998-2002 Poland negotiated successfully with the European Union and finally entered this Union in May 2004. In subsequent years Poland adopted an Eurosceptic and sometimes anti-EU position. The new Polish government, established after the parliamentary election of autumn 2007, moved away from an Eurosceptic policy and pursued a policy of engagement with European integration.

18

Regionalizacja w Europie. Idea, granice normatywne i ich realizacja

60%

Gołda-Sobczak M.

Themis Polska Nova

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2014

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nr 2(7)

127-145

EN

The notion of region is particularly vague, as this issue is referred to by studies from various disciplines. It has long been one of the subjects of interest of the Council of Europe which perceives local and regional administration as one of the fundamental ingredients of modern European democracy. The European Charter of Local Self- -Government is the main document that regulates these matters in the Council of Europe law system. It is accompanied by a number of other documents, including The European Charter of Regional Self-Government. The article provides an analysis of these normative deeds within the realm of Union law. When the Single European Act entered into force, regions have become an important part of Union policy. Committee of the Regions set up in 1994, whose operation is related to the principle of subsidiarity and programming of the idea of the Europe of Regions, is the most important body concerned with regional issues.

19

Etapy poszerzenia Unii

60%

Marczak A.

Biuletyn Informacyjno-Handlowy. Ośrodek Doradztwa Rolniczego Boguchwała

|

1996

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nr 11

13

20

Skarga międzypaństwowa do Europejskiego Trybunału Praw Człowieka w Strasburgu – potencjalne odrodzenie

60%

Machowicz K. , Tabaszewski R.

Przegląd Sejmowy

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2023

|

nr 1(174)

175-197

EN

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.