Author: Anna Młynarska-Sobaczewska
Institution: Uniwersytet Łódzki
Year of publication: 2011
Source: Show
Pages: 187-205
DOI Address: https://doi.org/10.15804/ppk.2011.02.09
PDF: ppk/06/ppk609.pdf

Streszczenie:

The article describes the issue of acceptable limits of interference in exercising of ownership of monuments. It indicates – following the ECHR judgment from 29 March 2011 (complaint no 33949/05) – that Polish legal order in this matter is not sufficient, because it doesn’t include procedure of expropriation (by compensation) or obligatory redemption in such situation, and it causes that all burden of historical and national heritage protection is on the owner of monument. This situation isn’t – in Author’s opinion – acceptable as contradictory to Protocol 1 to ECHR and also as unconstitutional, because it is not compliant to constitutional guarantees of ownership protection and limitating clause prescribed by art. 31 p. 1 of Constitution.

prawo wolności ochrona zabytków

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Author: Bogusław Przywora
Institution: Uniwersytet Jagielloński
Year of publication: 2011
Source: Show
Pages: 207-222
DOI Address: https://doi.org/10.15804/ppk.2011.02.10
PDF: ppk/06/ppk610.pdf

Streszczenie:

The main goals in my research is to show relation between constitutional incompatibility rule of parliamentary mandate (art. 103) and constitutional assumption of impartiality and political neutrality of civil service (art. 153). An answer for this problem required, first, to show a general regulations in scope of incompatibility rule of parliamentary mandate. It makes a base to reference this rule to solutions in scope of civil service. Incompatibility rule of parliamentary mandate constitute one of the classic political solutions in contemporary parliamentary system. As a justify for introduction the ban of connection the parliamentary mandate with having a specific position in the state apparatus and with public functions was to create an appropriate guarantees of members of parliament independent in case of hold the mandate, and first to eliminate the appear unavoidably some interests conflicts and corruption visions.

niepołączalność mandat parlamentarny służba cywilna

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Author: Przemysław Witkowski
Institution: Uniwersytet Marii Curie-Skłodowskiej
Year of publication: 2011
Source: Show
Pages: 223-239
DOI Address: https://doi.org/10.15804/ppk.2011.02.11
PDF: ppk/06/ppk611.pdf

Streszczenie:

The article is an attempt to show the fundamental assumptions the model of the Polish prosecutor’s office of the interwar period. On account of ongoing discussions above the need of more further transformations of the institution of the prosecutor’s office in Poland, perhaps it would be useful to reach to the institutions checked in practice. The author is discussing the issue of situating the interwar prosecutor’s office amongst state agencies, principles of its organization and action , scope of its tasks and competence , finishing on the on analysis of the prosecutor’s status. The author is reaching a conclusion that in the discussed model of the prosecutor’s office is occurring a divergence between its theoretical assumptions and functioning in practice. Moreover, main assumption this model, i.e. personal union between the Minister of Justice and the Chief Prosecutor, was rejected by the Polish legislator in the recent time.

status prokuratora organy państwowe prokuratura

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