Author: The Editors
Year of publication: 2013
Source: Show
Pages: 251-256
DOI Address: -
PDF: ppk/14/ppk14auth.pdf

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Author: The Editors
Year of publication: 2013
Source: Show
Pages: 3-8
DOI Address: -
PDF: ppk/14/ppk14toc.pdf

Streszczenie:

Author: Peter-Christian Müller-Graf
Institution: Uniwersytet w Heidelberg
Author: Jan Wiktor Tkaczyński
Institution: Uniwersytet Jagielloński
Year of publication: 2013
Source: Show
Pages: 16-31
DOI Address: https://doi.org/10.15804/ppk.2013.02.01
PDF: ppk/14/ppk1401.pdf

Streszczenie:

Perturbations in the eurozone justify the question concerning not only the condition of public finances in the countries belonging to this zone, but also force us to think about the form of budget support policy of the eurozone countries implemented by the European Union. It is not difficult to realize that the aforementioned policy is, since May 2010, both an object of criticism, also in a scientific aspect, and the (not only) source of the current financial difficulties of the European Union. Although these problems do not (yet) threaten the common European market, it is impossible to ignore that they weaken to a great extent the union binder, which consists both of the economic and monetary European union. With the purpose of showing the legal and political implications of this process, it becomes necessary to remind first of all of the adequate regulations of the European Union law. All this, referring to the bon mot of John Kenneth Galbraith that one of the recession’s benefits is that it reveals what the accountant has overlooked, in order to be able to present the new political and legal shapes of the indicated problem. The shapes and also, specifically speaking, the political and legal challenges, which emerge from the analysis of the present budget support policy of the eurozone countries implemented by the European Union.

polityka ekonomiczna UE strefa euro unia monetarna

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Author: Halina Zięba-Załucka
Institution: Wyższa Szkoła Informatyki i Zarządzania w Rzeszowie
Year of publication: 2013
Source: Show
Pages: 33-49
DOI Address: https://doi.org/10.15804/ppk.2013.02.02
PDF: ppk/14/ppk1402.pdf

Streszczenie:

This article presents the question of freedom of movement under Article 52 of the Constitution. The author presents the legal solutions of freedom of movement in international documents and then in Polish law. She also points to an important issue for the Schengen Agreement on the abolition of controls at internal EU borders and its impact on Poland. She describes the reasons for restricting the freedom of movement, arguing that the ECHR emphasizes the inadmissibility of the arbitrariness of many indications of movement and freedom of movement within the EU. She notes that the TEU and TFEU grant every citizen of the Union the right to freedom of movement.

prawa człowieka w UE ruch transgraniczny wolność przemieszczania

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Author: Justyna Węgrzyn
Institution: Uniwersytet Wrocławski
Year of publication: 2013
Source: Show
Pages: 51-66
DOI Address: https://doi.org/10.15804/ppk.2013.02.03
PDF: ppk/14/ppk1403.pdf

Streszczenie:

The article refers to the consumer’s right to information, which is expressed in art. 51 of the Polish Constitution. The author analyzed that provision, explaining the possibility of its horizontal effect, e.g. B2C. Due to the fact that constitutional rules are clarified by statutes, it was reasonable to draw attention to the statute of 29 August 1997 on the protection of personal data, namely the art. 24, art. 25, art. 32 and art. 33. Those provisions relate to the powers of a weaker entity in terms of access to information relating to it.

horyzontalne oddziaływanie praw człowieka prawa konsumenta

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Author: Robert Trzaskowski
Institution: Uniwersytet Łódzki
Year of publication: 2013
Source: Show
Pages: 69-89
DOI Address: https://doi.org/10.15804/ppk.2013.02.04
PDF: ppk/14/ppk1404.pdf

Streszczenie:

This article is an attempt to answer the question of how far-reaching restrictions may be imposed by a state on pursuing rights and freedoms of the individual in front of the court. At the beginning of the article broad definition of the constitutional right to fair trial and special dimension of this right is emphasized. Introductory remarks are the starting point for determining whether there is a possibility of functioning of quasi-judicial organs. With regard to the permitted limitations on the subjective scope of the right to fair trial the author referred to the controversial judgment of the Constitutional Tribunal of 15th November 2000, in which the Tribunal refused to confront the re- striction with the general limitation clause of the all constitutional rights and freedoms foreseen by the Constitution. The objective scope of the right to fair trial was connect- ed with the issue of mutual relations between two provisions of the Constitution art. 45 p. 1 and art. 77 p. 2 and its incoherent interpretation. The case-law of the Constitutional Tribunal precludes the possibility of closing the judicial way of pursuing a claim without any reservation only for constitutional freedoms.

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Author: Michał Szewczyk
Institution: Uniwersytet Mikołaja Kopernika w Toruniu
Year of publication: 2013
Source: Show
Pages: 91-118
DOI Address: https://doi.org/10.15804/ppk.2013.02.05
PDF: ppk/14/ppk1405.pdf

Streszczenie:

The final model of the separation of the church and state depends not so much on constitutional regulations but rather on provisions of the lower order and the practice of using. For this reason the article deals with the most controversial practical problems – subjectively chosen by the author – connected with the implementation of the so called friendly model of separation of church and state in the Republic in Poland. The following problems are successively presented: teaching of religion in public schools and the specific issues related to it, normative obligation to respect Christian values, criminal law protection of religious feelings and religious communities financing from the state budget. In the author’s opinion, including marks from religious instruction to the average school marks, the prosecution of offending religious feelings by public accusation, favouring treatment of donations to church charity and care and the existence of the Church Fund are inconsistent with the constitutional model of relations between church and state in Poland. However, legal regulations for more essential importance, such as the teaching of religion in public schools, are not contradictory to principles of the political system. Furthermore, they give the Polish legal system axiology, which is compatible with the majority of Polish society’s will.

autonomia Kościołów wolność religii neutralność państwa rozdział kościoła od państwa

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Author: Tomasz Kowalczyk
Institution: Uniwersytet Mikołaja Kopernika w Toruniu
Year of publication: 2013
Source: Show
Pages: 119-138
DOI Address: https://doi.org/10.15804/ppk.2013.02.06
PDF: ppk/14/ppk1406.pdf

Streszczenie:

This article talks about one of the main principles of franchise. No one has tried to describe voting attributes in this way jet. This article describes the equality of franchise during the terms of electoral regulations. In this article there is a short comment concerning the changes introduced in 2011 by the election code. In the first part the doctrinal views about the equality of elections in Poland are presented. This part applies mainly to parliamentary elections. It presents the equality principle as purely material and formal and shows a new trend which indicates a greater meaning and emphasis on the equality of franchise. According to the author of this ar- ticle the equality of voting rights is the most important in modern world. Next, the guaranty of material equality as well as its attributes have been described. In the summary of this article we can read that the equality of franchise is a procedural principle and it sets the rules that entitle individuals to suffrage. Due to this fact the equality of franchise is more like indicative directive and it has a very wide range.

zasada powszechności prawa wyborczego równość szans równość prawa wyborczego

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Author: Kajetan Rusinek
Institution: Uniwersytet Jagielloński
Year of publication: 2013
Source: Show
Pages: 139-156
DOI Address: https://doi.org/10.15804/ppk.2013.02.07
PDF: ppk/14/ppk1407.pdf

Streszczenie:

The purpose of this article is an attempt to analyze whether and what changes made admission of the Lisbon Treaty in meaning and usage the principle of Supremacy of the European Law. It is one of the most controversial issues in European Law and it’s being subject of numerous discussions and disputes for few decades. Article encloses how the principle of Supremacy of the European Law was expressed in the Lisbon Treaty and notes of the „deconstitutionalisation” process that appeared after fall the Treaty establishing a Constitution for Europe. In this article the author also discussed the Declaration No 17 attached to the Lisbon Treaty and its meaning for establishment the principle of Supremacy of the European Law. The author also analyzed the previous jurispru dence of constitutional courts in EU member states, included the Polish Constitutional Tribunal, related to the principle of Supremacy of the European Law.

pierwszeństwo prawa europejskiego Traktat z Lizbony

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Author: Jakub Greń
Institution: Uniwersytet Warszawski
Year of publication: 2013
Source: Show
Pages: 157-175
DOI Address: https://doi.org/10.15804/ppk.2013.02.08
PDF: ppk/14/ppk1408.pdf

Streszczenie:

Rule of law, whose core is „the access to an independent judiciary and judicial review”, fulfills in EU external policy two functions. Firstly, according to the art. 21 of TEU, all EU external actions have to be subdued to the rule of law. Secondly, promoting and consolidating the rule of law is one the objectives of EU external action. In most constitutional systems, a wide margin of appreciation is left as regards to foreign policy and judicial review is considerably limited. In case of EU, the Court’s jurisdiction over EU external policy is differentiated and reflects the old pillar structure. The question which arises here is whether it can be accommodated with the disposition of the art. 2 of TEU, which states that the European Union which is a single legal entity „is founded on the value of rule of law”, and with the principle of EU external policy coherence.

prawo UE rządy prawa

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