Author: Adam Doliwa
E-mail: adoliwa@uwb.edu.pl
Institution: University of Białystok
ORCID: https://orcid.org/0000-0002-0752-7708
Year of publication: 2020
Source: Show
Pages: 367-378
DOI Address: https://doi.org/10.15804/ppk.2020.06.30
PDF: ppk/58/ppk5830.pdf

Streszczenie:

The subject of the article is an analysis of the impact of the constitutional principle of social justice on the understanding of the principle of equity in civil law and, consequently, on the practical application of regulations that contain the general clause governing the principles of social coexistence. Assuming a universal nature of the axiological basis of the legal system in Poland, and the radiation of constitutional principles and values onto statutory law, the author, using a method involving analytical and functional analysis of legal texts and court rulings, comes to the conclusion that adjudication in civil cases should, to some extent, in addition to protection of individual rights and interests, concern the protection of social interests.

klauzule generalne słuszność w stosunkach cywilnoprawnych sprawiedliwość społeczna Kodeks cywilny konstytucja general clauses equity in civil-law relations social justice Civil Code Constitution

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Author: Sylwia Jarosz-Żukowska
E-mail: sylwia.jarosz-zukowska@uwr.edu.pl
Institution: University of Wrocław
ORCID: https://orcid.org/0000-0003-3270-710X
Year of publication: 2020
Source: Show
Pages: 379-389
DOI Address: https://doi.org/10.15804/ppk.2020.06.31
PDF: ppk/58/ppk5831.pdf

Streszczenie:

The study discusses another statutory attempt to partially and ad hoc solution of the problem of claims of the former owners of the so-called Warsaw land. The main objective of the Act of 17 September 2020 amending the Act on the special rules for removing the legal effects of reprivatization decisions regarding real-estate in Warsaw, issued in violation of the law, and the Real-estate Management Act is to significantly reduce the scale of restitution of Warsaw real-estate by extending the list of grounds for refusing to grant the right of perpetual usufruct to the entitled entity and protection of tenants living in premises in reprivatized buildings. The act does not, in any way, end the process of settling accounts with the former owners.

ochrona lokatorów grunty warszawskie reprywatyzacja własność mienie protection of tenants Warsaw land reprivatization property ownership

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Author: Paulina Glejt-Uziębło
E-mail: paulina.glejt-uzieblo@ug.edu.pl
Institution: University of Gdansk
ORCID: https://orcid.org/0000-0001-6482-5253
Author: Krzysztof Sidorkiewicz
E-mail: k.sidorkiewicz@pwsz.elblag.pl
Institution: State University of Applied Sciences in Elbląg
ORCID: https://orcid.org/0000-0002-6130-2526
Year of publication: 2020
Source: Show
Pages: 391-402
DOI Address: https://doi.org/10.15804/ppk.2020.06.32
PDF: ppk/58/ppk5832.pdf

Streszczenie:

The study is devoted to the presentation of the functioning of the civic budget in Elbląg from the normative and practical perspective. The authors focus on selected legal and political science issues, i.e. the initiative to submit proposals of tasks to be financed from the civic budget, the territorial and subjective scope of submitted projects and selected aspects of how this form of public consultations works in practice. The results of the research lead to the conclusion that, despite the fact that eight editions of the civic budget have already been carried out, the city has not developed an ideal model of its functioning. The biggest problems seem to be manifested in the legislative inconsistency and the weakening interest of residents.

civic budget social participation public consultations Elbląg mechanisms of social participation civic budget in Elbląg budżet obywatelski konsultacje społeczne elbląskie mechanizmy partycypacji społecznej budżet obywatelski w Elblągu partycypacja społeczna participatory budgeting

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Author: Marcin Dąbrowski
E-mail: marcin.dabrowski@uwm.edu.pl
Institution: University of Warmia and Mazury in Olsztyn
ORCID: https://orcid.org/0000-0001-8780-9715
Year of publication: 2020
Source: Show
Pages: 405-416
DOI Address: https://doi.org/10.15804/ppk.2020.06.33
PDF: ppk/58/ppk5833.pdf

Streszczenie:

The paper presents four problems which constitute the most important problems related to the functioning of local government in Poland. The first issue concerns the unfinished reform of the political system. The author finds that the legislator did not implement fully the assumptions concerning the creation and functioning of local governments which are determined in the provisions of the Polish Constitution of 1997. In consequence, a contemporary political system is full of internal contradictions and does not function properly. Next, it was indicated in the work that the legislator interferes too much in the independence of local government units. Too many acts, which regulate duties and procedures, limit the autonomy of local government bodies which should determine their duties and objectives and allocate financial resources to their implementation. Third, the author finds that the permanent underfinancing of local government units poses a very serious problem. The system of financing is outdated and does not correspond to contemporary needs of local communities, which results in a decrease in investments and development and an increase in debt. Finally, the article discusses the issue of excessive politicization of local governments. The author finds that transferring political disputes from the central level to the local one is very detrimental and has a negative influence on the development and functioning of local governments.

ustrój samorządu terytorialnego reforma samorządu terytorialnego finanse publiczne konstytucja samorząd terytorialny system of local government local government reform public finances Constitution local government

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Author: Katarzyna Chałubińska-Jentkiewicz
E-mail: k.jentkiewicz@akademia.mil.pl
Institution: War Studies University in Warsaw
ORCID: https://orcid.org/0000-0003-0188-5704
Year of publication: 2020
Source: Show
Pages: 417-428
DOI Address: https://doi.org/10.15804/ppk.2020.06.34
PDF: ppk/58/ppk5834.pdf

Streszczenie:

The constitutional system in Poland covers one of the most important values which is freedom of speech. Due to the regulatory dualism treating the media market also as an important element of the creative industry, freedom of economic activity becomes important in this area. Currently, the implementation of both of these values is influenced by the development of new technologies, which determine the need to adapt legal regulations to them. The basis for the operation of the media is the freedom of speech referred to in the Art. 14 and 54 of the Constitution of the Republic of Poland3. The exercise of these freedoms may be limited in strictly defined situations and must be provided for by law (Art. 31 (3) of the Polish Constitution). Therefore, one cannot speak of an unhampered freedom of action by the media. However, is this rule relevant to the challenges of the changing world and developing virtual reality? In view of modern changes in the principles of creating and using information, the existing rules of media functioning should be verified, without excluding legal instruments which task is to ensure a balance in the relationship between the use of freedom of speech and the protection of its beneficiaries against unauthorized actions. The article presents the issue of the application of the legal instrument of the press title register on the example of a blog4.

wolność gospodarcza blog regulacja nowych mediów wolność słowa nowe media economic freedom regulation of new media the freedom of the press the new media

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Author: Leszek Elak
E-mail: l.elak@akademia.mil.pl
Institution: War Studies University in Warsaw
ORCID: https://orcid.org/0000-0002-5255-9768
Author: Paweł Zając
E-mail: p.zajac@akademia.mil.pl
Institution: War Studies University in Warsaw
ORCID: https://orcid.org/0000-0002-2188-5720
Year of publication: 2020
Source: Show
Pages: 429-448
DOI Address: https://doi.org/10.15804/ppk.2020.06.35
PDF: ppk/58/ppk5835.pdf

Streszczenie:

The article concerns the issues of state security both in legal terms and from the perspective of security science. In the first part, it presents a proposal for understanding the concept of state security based on the Polish Constitution. The article is also a contribution to the discussion on the correctness of terminology relating to the analyzed issue. The second part concerns the analysis of a new military phenomenon which is a hybrid war. The purpose of the considerations is to show its impact on state security.

konstytucja ustrój konflikt asymetryczny bezpieczeństwo wojna cybernetyczna Constitution political system asymmetric conflict security cyber warfare

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Author: Szymon Gajda
E-mail: szymon.gajda@awf.gda.pl
Institution: Gdansk University of Physical Education and Sport
ORCID: https://orcid.org/0000-0003-3126-0238
Year of publication: 2020
Source: Show
Pages: 449-459
DOI Address: https://doi.org/10.15804/ppk.2020.06.36
PDF: ppk/58/ppk5836.pdf

Streszczenie:

Dynamic changes in the European climate policy are aimed at a drastic reduction of CO2 emissions. The Union’s policy has several social, economic, and political consequences. Therefore, it is subject to assessment from the perspective of the legal order, including the constitutional order of the Member States. Therefore, a question arises as to the compliance of the “Green Deal” policy with the Polish constitution. It can be very troublesome to answer them positively. The EU policy is not only implemented in the interest of the whole world, and its effectiveness is uncertain, if only due to the need for cooperation of the entire international community. An additional challenge may be the quite evident departure from the principle of sustainable development in favor of climate protection. Although the given questions are troublesome, they deserve attention and noticing an apparent collision.

porządek konstytucyjny ochrona środowiska bezpieczeństwo ekologiczne „Rodzina Ludzka” bezpieczeństwo energetyczne zmiana klimatu bezpieczeństwo publiczne „Zielony Ład” constitutional order environment protection sustainable development ecological safety Human Family energy security climate change public security Green Deal

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Author: Ilona Urych
E-mail: i.urych@akademia.mil.pl
Institution: War Studies University in Warsaw
ORCID: https://orcid.org/0000-0003-4868-9460
Year of publication: 2020
Source: Show
Pages: 461-474
DOI Address: https://doi.org/10.15804/ppk.2020.06.37
PDF: ppk/58/ppk5837.pdf

Streszczenie:

This article aims to present military innovations in secondary schools in Poland and the possibilities for their use in processes strengthening national security. The Constitution of the Republic of Poland in Art. 5 and 26 impose an obligation on the authorities to ensure the security of the state and its citizens and to defend the state’s borders and the integrity of its territory. Therefore, it is important in this context to properly train and educate students in military secondary schools. The basis for reaching the conclusions presented here were the results of empirical research conducted among secondary school students enrolled in military classes in Poland. The type of statistical analysis used, segmentation, allowed subgroups of respondents to be identified with their percentage share in the total population and the characteristics that define them. Analysis of the research results makes it possible to distinguish categories of the defense potential of students of military classes such as their mobilization, social and individual potential. The content of the article also indicates the possibilities and needs for the development of the potential of students of military classes.

national security bezpieczeństwo państwa military education potencjał obronny klasy wojskowe edukacja wojskowa defense potential military classes

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Author: Kamil Spryszak
E-mail: k.spryszak@onet.pl
Institution: Jan Kochanowski University in Kielce
ORCID: https://orcid.org/0000-0002-3318-3742
Year of publication: 2020
Source: Show
Pages: 475-486
DOI Address: https://doi.org/10.15804/ppk.2020.06.38
PDF: ppk/58/ppk5838.pdf

Streszczenie:

The rule of law is one of the founding values of the EU, as indicated in Art. 2 TEU. This provision recognizes that the rule of law is a core value, inherent to liberal democracy, and one which characterized the Union and its Member States. Taking into account this context, as well as the deficiencies of the EU mechanism to enforce the rule of law within the Member States, European Parliament called on the Commission to establish a new tool to address rule of law backsliding in Member States. In October 2016, Parliament addressed recommendations to the Commission on the establishment of EU mechanism on democracy, the rule of law, and fundamental rights (EU pact for DRF) in the form of an international agreement. The new mechanism should integrate and complement the existing mechanism, should be evidence-based, objective, addressing the Member States and EU. The author analyzes this initiative and tries to answer why it was not fully realized. Additionally, he presents a reaction to that initiative of the Council of Europe. There is no doubt, that realization of the EU Pact for DRF would inf luence the Council of Europe and weaken its role as a main European mechanism in the area of protection of democracy, rule of law, and human rights.

Rada Europy Państwa Członkowskie UE prawa podstawowe demokracja rządy prawa Council of Europe Member States EU Fundamental Rights democracy rule of law

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Author: Mariusz Bidziński
E-mail: mariusz@bidzinski.pl
Institution: SWPS University of Social Sciences and Humanities in Warsaw
ORCID: https://orcid.org/0000-0002-3646-8997
Year of publication: 2020
Source: Show
Pages: 489-496
DOI Address: https://doi.org/10.15804/ppk.2020.06.39
PDF: ppk/58/ppk5839.pdf

Streszczenie:

The regulations concerning the definition of the official language at the constitutional level have not been unified in the constitutions of European Union countries. The importance of a language, the level of its protection, and care for the language are immanently connected with the cultural awareness of a given nation, its historical conditions, national aspirations, and other factors allowing to distinguish it from other subjects. The number of languages used in individual regions of the EU depends on social migrations, the uniformity of nationalities, historical conditions, as well as the level and directions of patriotic aspirations in a given society. Therefore, the attempts to impose on the members of the EU the adoption of the unified solutions, which de facto imply - in the case of most of them - the need to amend the constitution, is a demand that now seems completely unfeasible.

mniejszości narodowość język urzędowy konstytucja minorities nationality official language Constitution

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