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EN
The Author concludes that the Rules Deputies’ and Immunity Affairs Committee should not continue to examine application request of the subsidiary prosecutor after the court of appeal has finally dismissed the criminal proceedings. It should be assumed that revoking of a valid procedural decision terminating these proceedings will give rise to the necessity of submitting a new application for waiver of immunity. An entity that submitted an application for waiver of immunity may freely dispose of it until the Sejm adopts a resolution regarding the consent to bring the Deputy to criminal accountability or until the Deputy’s submission of the statement referred to in Article 105 para. 4 of the Constitution.
PL
W artykule opisano badanie urządzeń pod względem kompatybilności elektromagnetycznej. Podzielono się doświadczeniami w zakresie odporności urządzeń.
EN
In the article a research devices in respect electromagnetic compatibility are presented. The experience in the field of immunity devices.
EN
The opinion is an answer to a question submitted by the Marshal of the Sejm, whether a former Deputy is still entitled to immunity protection in case of acts committed within the scope of the mandate. According to the author, the former Deputy (or a Senator) may be held responsible for actions violating rights of the third persons which took place during the exercise of the mandate of that Deputy, but only upon a permission of an appropriate house of Parliament. The author notes that the loophole in legislation should be filled by an amendment.
EN
The author indicates that the legal structure of the Polish immunity regulations excludes the possibility of adopting a resolution by the Sejm on giving consent to bring several deputies to responsibility. In each individual case, the Sejm should consider a separate motion and adopt a separate resolution. Referring to the principle of discontinuity, the author concludes that regarding the two former Deputies, new motions for consent to bring them to a civil law liability should be submitted, while in the case of a Deputy holding a mandate also in the 9th term, the proceedings on the motion concerning him should be continued.
EN
Bacterial lysates stimulate the general immunity of the body in a non-specific way. They act on non-specific defense mechanisms, leading to an increase in type A antibody in mucous membranes, phagocytic activity and INF-ƴ production. They can also stimulate the production of specific antibodies against the bacterial antigens that make up the preparation. The oral immunomodulatory preparations with the best documented clinical efficacy available on the Polish market are Ismigen, Broncho-Vaxom, Ribomunyl and Luivac. They are all lysates of bacterial strains that most often cause respiratory tract infections. In many clinical trials, oral bacterial lysates have been shown to minimize the risk of recurrent respiratory infections in children and adults and reduce the need for antibiotics.
EN
The application concerns a person who held the mandate of a Deputy during the seventh term of the Sejm, but is not currently a deputy. According to the art. 105 paragraph 1 sentence 2 of the Constitution, a Deputy may be brought to a court accountability for action violating the rights of third parties, which have been taken within the scope of the mandate, only upon the consent of the Sejm. This rule applies to a possible court accountability of former Deputies concerning acts committed in the course of exercise of their parliamentary mandate. The subject of the resolution adopted by the Sejm must include a whole set of behaviors constituting a persecuted act, regardless of whether all behaviors are within the scope of the mandate. Content of the application meets the required precision only with regards behaviors belonging to the third group of activities. The behaviors of the first and second group have been indicated in the application in a very general way, what means that the application does not meet the requirement under art. 7b paragraph 4 Section 4 of the Act on performance of the mandate of Deputy and Senator.
EN
Bacterial lysates stimulate the general immunity of the body in a non-specific way. They act on non-specific defense mechanisms, leading to an increase in type A antibody in mucous membranes, phagocytic activity and INF-ƴ production. They can also stimulate the production of specific antibodies against the bacterial antigens that make up the preparation. The oral immunomodulatory preparations with the best documented clinical efficacy available on the Polish market are Ismigen, Broncho-Vaxom, Ribomunyl and Luivac. They are all lysates of bacterial strains that most often cause respiratory tract infections. In many clinical trials, oral bacterial lysates have been shown to minimize the risk of recurrent respiratory infections in children and adults and reduce the need for antibiotics.
EN
A Deputy, after the expiry of the mandate, is still entitled to legal protection based on art. 105 paragraph 1 sentence 2 of the Constitution. This means that even after the expiry of the mandate, the Deputy may be prosecuted for an act violating the rights of third parties upon the consent of the Sejm. The Sejm is obliged to examine the application for permission to hold Deputy responsible for the activities within the scope of the mandate (to waive the immunity of a Deputy), whose mandate has expired, provided that the application complies with the formal requirements described in the Act on Exercise of the Mandate of a Deputy and Senator.
9
Content available Execution on an Embassy Bank Account
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EN
Recently Polish courts have started to attach bank accounts of foreign embassies for the purpose of enforcement of judgements against embassies of foreign States in e.g. employment cases. The courts have applied the same principle to jurisdictional State immunity and immunity from enforcement and recognized that if state activities giving rise to the claims examined by courts were of private-law character, they are not protected either by jurisdictional or enforcement immunity. This standpoint is contrary to the dominant trend in other states’ practice, confirmed by the International Court of Justice in 2012 (Germany v. Italy: Greece Intervening). While in the field of jurisdictional immunity, the nature of an act as iure imperii or iure gestionis is decisive, in a case of immunity from enforcement – the allocation of the property against which enforcement measures are sought. Embassy bank accounts are generally covered by immunity from enforcement. In this situation Polish courts should develop convincing and exhaustive reasons why it is necessary for the protection of an individual to overrule the ne impediatur legatio principle. The judgements are not sufficiently reasoned and there is no good argument to support this stance. They expose Poland to international liability.
10
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The aim of this article is to present coherently the new Sejm’s procedure regarding immunity of President of the Supreme Audit Office. Toward this end, it provides an analysis of the amendments adopted regarding said legal regulations and shows differences in comparison to the procedure regarding Members of Parliament. As a matter of fact, until recently there have been no provisions specifying in detail this particular immunity procedure. Updating of the Supreme Audit Office Act and the Rules of Procedure of the Sejm has fi lled respective gap in the legal system. Both legal acts define in detail subsequent stages of the immunity procedure, beginning from introducing immunity motion to the Speaker of the Sejm, ending with adoption of the resolution by the Sejm on whether to withdraw or to continue immunity.
EN
Theoretical attempts to solve the problem of exception inevitably draw attention to the conflict between freedom and equality, the core values of a democratic society. Granting exclusive rights to one institution or another is justified by the principle of freedom, yet this does not necessarily comply with the idea of equality. Experience shows that it is difficult to avoid exceptions and exceptional rights in the search for consensus in a democracy. Using the popular myth of the fourth estate, media often claims such special rights.This article examines how over twenty years of independence Lithuania has treated one of the most widely applied privileges of mass media - confidentiality of the source of information. When discussing how in practice Lithuania implements the right to deny false claims, it is assumed that mass media disregards all information accuracy principles and aims to portray itself, at least in its own eyes, as an infallible institution having exclusive rights. The country's weak declarations of interest traditions, which have not yet fully developed in the past fifteen years, only strengthen such mass media attempts.Exclusiveness is in the nature of the media already, in that it helps to draw the attention of the public and can provide significant economic benefits. On the other hand, a privileged position often damages the media, since the fourth estate is special - its authority should be based not on rights and privileges, but on trust.
EN
State immunity is based on the principle of sovereign equality of all states which is one of the main principles of international legal order. Predominant jurisprudence of national courts as well as international courts and tribunals follows the position that in case when a claim is submitted in a court in the forum-state due to war crimes and crimes against humanity, a foreign state possesses state immunity which excludes jurisdiction of national courts. There is a strong tendency in international law to limit state immunity and exclude from its scope claims concerning the aforementioned crimes, in case they were committed on the forum-state’s territory). However the International Court of Justice assumed that the immunity is of a procedural nature and it has to be evaluated in each case on the day of adjudication. Hence, in future cases relating to war crimes and crimes against humanity may be considered in forum-state’s courts.
15
Content available Status deputowanego do belgijskiego parlamentu
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EN
Belgian Parliament consists of House Representatives and Senate and the status of its members is similar to status of MP’s in most European countries. Some differences worth noting derive of organization of Belgian state, which is a federal country with strong national and ethnic elements. The mandate of MP’s is a free mandate. The members of both houses represent the whole Belgian Nation are not bound by any instructions coming from their electors. The most characteristic of status of Belgian MP’s is their appurtenance to language groups what influences their way of realizing the mandate. Apart of language issues, status of Belgian MP’s can be also characterized by material conditions of executing the mandate and scope of immunities, both material and formal ones.
EN
The article concernes the issue of foreign courts’ jurisdiction and their relations with the particular states’ legal systems in the context of sovereign state’s immunity and its temporary limited interpretation. several cases are analyzed, from midwar period, through the Cold War era, up to the end of the first decade od XXi century, including assesement of not only international Court of Justice and Polish supreme Court but also sereral examples of assesement of European and American courts.
EN
This article presents an analysis of legal regulations governing the status of a Member of the European Parliament. After analyzing the modes of election and the principles of Polish Electoral Law to Parliament, the article shows the position and privileges associated with the function of an MEP. The article contains an analysis of cases where a loss of a parliamentarian and the principle of incompatibility positions.
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