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Author: Tadeusz Biernat
Year of publication: 2008
Source: Show
Pages: 7-22
DOI Number: http://dx.doi.org/10.15804/ppsy2008001
PDF: ppsy/37/ppsy2008001.pdf

Abstract:

The basis of European communities’ integration is diversified. Some of its aspects are particularly emphasized, like the dynamics of economic development, which creates new quality of life for millions of Europeans. Much attention is devoted to the common historical past and the common democratic political values. The attention is focused, to a lesser extent, on what constitutes the real basis of cultural identity for European societies, namely law and the attitude to it. It is law and values attributed to it as well as legal institutions, which have been the strongest links of cultural chain connecting Europeans. Except for a basic issue, that is the Roman law tradition, one can point at a great common achievement with essential practical qualities. Lex mercatoria in the field of commercial law. Traditions of European constitutionalism, including the second, in the terms of the time of creation, modern constitution which was Polish constitution of 1791. Modern civil law becoming widespread due to the French Napoleonic Civil Code, which at the beginning of the 19th century was binding on the eastern European territory within such borders, which are now the European Union’s borders. The exchange of ideas and legal doctrine from the Middle Ages at European Universities. Promoting in these discussions, starting from the 16th century, modern solutions in the area of law, like the postulate of departing from capital punishment and equal rights. A systematic development of subjective rights, human rights, equal rights for women, rights of minorities and rights of the disabled. Introducing these rights to the positive law and ensuring their international and institutional protection.

Tags: culture Civil Code Legal cultures civil law

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Author: Joanna Marszałek–Kawa
Institution: Nicolaus Copernicus University in Toruń (Poland)
Year of publication: 2008
Source: Show
Pages: 23-30
DOI Number: http://dx.doi.org/10.15804/ppsy2008002
PDF: ppsy/37/ppsy2008002.pdf

Abstract:

In democratic legal systems there is a wide variety of instruments which profoundly affect the composition of future parliaments. They can cause significant changes in final results of both the parliamentary and municipal election. Due to them political parties can improve their position in emerging legislatures (gmina councils, poviat councils or sejmiks of the voivodeship), or even, I mean smaller formations in the first place, can guarantee any representatives in the chamber (council, sejmik). Politicians make use of these instruments most frequently in the face of the oncoming election. These mechanisms allow, on the grounds of binding law, to cause a result much worse than expected for the opposition or formations competing for power. In countries with deeply rooted democracy, it is most often a good political habit that makes any changes in the Electoral law take place long from the election. In our political reality, however, it is a rule that the election campaign is accompanied by auctions on legal grounds. Namely, changes in the borders of election districts take place, vote calculation methods are modernised so that they would be naturally beneficial for those who carry out such normative transformations.

Tags: elections theory of law

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Author: Jarosław J. Piątek
Year of publication: 2008
Source: Show
Pages: 31-42
DOI Number: http://dx.doi.org/10.15804/ppsy2008003
PDF: ppsy/37/ppsy2008003.pdf

Abstract:

Today’s world undergoes unbelievably rapid changes in the main spheres of social life. Nearly everyday we can see spectacular socio-political, economic, cultural, science and technological transformation. Rules previously typical for an industrial society became obsolete. The third wave of civilization development and information society emerges. Increasingly more often production capacity enables manufacturing goods considerably saturated with modern knowledge to develop into highly advanced technologies. New forms of production developed, including soft ware, media, advertising, consulting, and public relations. Consequently, the stage of relative stabilization comes to its end and threats result from the lack of ability to follow continuous changes.

Tags: military forces military theory

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Author: Teresa Sasińska–Klas
Institution: Jagiellonian University in Kraków (Poland)
Year of publication: 2008
Source: Show
Pages: 43-56
DOI Number: http://dx.doi.org/10.15804/ppsy2008004
PDF: ppsy/37/ppsy2008004.pdf

Abstract:

Numerous public opinion polls conducted in Poland since the 1990s have tried to answer questions linked with the processes of installing, and later stabilizing the new democratic order. Theoretical considerations were conducted on the basis of political science, sociology, and communications studies dealing with the democratic system, tended to concentrate on procedural questions as well as in institutional frameworks dealing with the functioning of the democratic system. Analyses dealing with the social reception of the political transformations and their reflection in the state of social awareness most often were in reference to the situation concerning successive political elections. It would appear the linking of these research approaches, of the so-called theoretical studies of the democratic process in the political system as well as empirical findings, and also perceived social signals resulting from public opinion research, may lead to the creation of more valuable results, as well as the posing of new research questions.

Tags: elections elections in Poland

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Author: Jarosław Flis
Year of publication: 2008
Source: Show
Pages: 57-75
DOI Number: http://dx.doi.org/10.15804/ppsy2008005
PDF: ppsy/37/ppsy2008005.pdf

Abstract:

Elections to the Senate are rarely a topic of deep analysis by media or researchers. The Upper House of the Parliament is not a place where key political decisions are made. The Government, which is appointed by the majority of the Lower House, the Sejm, is the center of Polish political life. Experience show that the political situation in the Senate is much more stable than in the Sejm. From 1997, parties which won elections to the Sejm always had a majority in the Senate, although none of these parties had an independent majority in the Sejm. The 2007 elections crown this trend – only one mandate in the Senate was given to a candidate who did not come from the winning party or any main opposition parties. Every fifth mandate in the Lower House was given to smaller parties. The purpose of this analysis is to find an answer to the question on what leads to such results.

Tags: elections Senate block voting

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Author: Małgorzata Kamola–Cieślik
Year of publication: 2008
Source: Show
Pages: 76-84
DOI Number: http://dx.doi.org/10.15804/ppsy2008006
PDF: ppsy/37/ppsy2008006.pdf

Abstract:

Polish economy is one of but many issues with which the Council of Ministers is concerned. It is managed and run by appropriate ministries, which are responsible for how well they function. Since 1945 most governmental jobs were given to men. There were very few women actively functioning in public life. Throughout the history of the Polish People’s Republic not a single woman was appointed either Prime Minister or VicePrime Minister and very few women were nominated as ministers. There were only two women who were responsible for economic matters, if only to a very limited degree – Maria Milczarek, the Minister of Administration, Infrastructure Economy and Environmental Protection (from 2nd Dec, 1976 to 8th Feb, 1979), and Anna Kędzierska – the Minister of Domestic Trade and Services (from 30th May, 1984 to 6 th Nov, 1985).

Tags: economy Council women in politics

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Author: Rafał Riedel
Institution: University of Opole (Poland)
Year of publication: 2008
Source: Show
Pages: 85-105
DOI Number: http://dx.doi.org/10.15804/ppsy2008008
PDF: ppsy/37/ppsy2008008.pdf

Abstract:

Services sum up to 70 % of EU’s GDP, and just 20 % of cross-border trade of the European Union – partly due to the unjusti! ed regulatory and administrative burdens implied on different levels of member states administration. The existence of those barriers has stimulated the works on the directive freeing the service sector and implementing a number of rules that may potentially become milestones of integration, compared only to such “history making” moments as Single European Act or Maastricht Treaty."The freedom to provide service outside the country of establishment’ principle, previously known as the ‘country of origin’ rule, carries this revolutionary impetus. It will allow a service provider be settled in one EU member state and deliver a service (personally or by delegated employees) in another one with all the legal consequences, especially: some aspects of taxation and social security contributions. Unsurprisingly, it has become one of the most controversial legal acts debated in the last decades Europe-wide. This principle may, to a large extend, undermine the foundations of welfare state, especially in the Western part of continental Europe, as it may force the regulated capitalism oriented countries (like Scandinavian ones) to verify their social policies accordingly to competition pressure coming from lower social standards member states. This may, as it is speculated in this paper, fuel the harmonising of social policies on Community level. Free movement of services was introduced fifty years ago, however it has been usually interpreted from the consumers’ perspective: free access to the service by service consumer relocation or trans-border trading. Service provider relocation was tolerated only when accompanied with establishment in the consumer’s country. The Service Directive, following the logic of previous European Court of Justice verdicts, introduces – on the secondary law level – the freedom to be established in another country than the country where the service is provided. This practical challenge is examined theoretically on the grounds of neofuncionalist rationale, as the discussed directive, by its supporters called: the greatest improvement of the internal market since its creation, can act as an empirical proof of neofunctionalism theory applicability. Implementing this approach, especially the revitalised spillover mechanism, is an efficient theoretical vehicle showing satisfactory exploratory power, as well as allowing speculations about the future development on the edge of politics and economy within European integration process. It also highlights the behaviour of supranational actors creating ‘stress among the states’ to progress the integration into the desirable direction (cultivated spillover). The deliberations in this paper are rooted in exempli! cations of so far practices infringing the free movement of services rule, as well as enriched with some argumentation for and against this form of directive (transformative decisions and legitimacy / democracy de! cit). The arguments used are deeply rooted in ! nal version text of the directive accompanied by interpretation of major principles. In the conclusive part author summarises that theoretical legacy of neofunctionalism – in the case of the Service Directive – seems to be adequate and the deductive argumentation based on it positively veri! es the potential of the theory.

Tags: free movement of services Bolkestein’s directive neofunctionalism spillover

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Author: Ewa Waszkiewicz
Institution: University of Wrocław (Poland)
Year of publication: 2008
Source: Show
Pages: 108-126
DOI Number: http://dx.doi.org/10.15804/ppsy2008009
PDF: ppsy/37/ppsy2008009.pdf

Abstract:

The new borders and new ideology imposed on Poland in the a€ ermath of World War II signi cantly a‚ ected the ethnic structure of the state and the approach of its communist authorities towards minority groups. The pre-war Poland was a multi-national state where Poles represented about 69.2% of the population, the remaining 30.8% were the members of minorities – with the biggest communities of Ukrainians, Belarusians, Germans and Jews. According to the first, offiƒcial, post-war census – the minority groups represented a€ er 1945 already only 2% of the citizens of new Poland.

Tags: Poland Ethnic Groups new ideology multi-national

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Author: Renata Podgórzańska
Institution: University of Szczecin (Poland)
Year of publication: 2008
Source: Show
Pages: 127-140
DOI Number: http://dx.doi.org/10.15804/ppsy2008010
PDF: ppsy/37/ppsy2008010.pdf

Abstract:

The proclamation of independence of Kosovo, although expected, had a destabilizing impact on the international situation. International community had various opinions on the decision of Kosovo authorities. Numerous conditions in "uenced the positions of individual countries. Countries acknowledging independence of Kosovo, that is some EU countries and the United States, recognized the proclamation of independence of Kosovo as a final stage of the Yugoslavia’s break-up with the basis for peaceful cooperation on the Balkans. Whereas, countries opposing the secession of Kosovo found it against the international law. They perceived this act as an example of western countries’ dominance and feared that it would form a dangerous precedent threatening international stability and security.

Tags: polish political Kosovo Debate

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Author: Marcin Skocz
Institution: University of Wrocław (Poland)
Year of publication: 2008
Source: Show
Pages: 141-156
DOI Number: http://dx.doi.org/10.15804/ppsy2008011
PDF: ppsy/37/ppsy2008011.pdf

Abstract:

The situation of conflict between Israelis and Palestinians has lasted for over a century with half of the century of increasing violence, especially after the Six Days War. The long-standing occupation has been leading to mental take over by this issue and dehumanization of opponents in both parties’ minds. Although in last decade one could see some symptoms of peace process, especially after Oslo agreement, violence always erupted despite the official papers. In this paper I will examine the conditions of societies in the Palestinian Autonomy and Israel with special emphasis on NGOs. Although it is obvious that civil society cannot be narrowed to the non-governmental organizations, one can say that the NGOs are the most visible and measurable among the signs of existence of civil society.

Tags: Israel Palestinian Authority Palestin

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