professional self-government

Zasada równości w wyborach do organów samorządów zawodów zaufania publicznego

Author: Tomasz Jaroszyński
Institution: Politechnika Warszawska
ORCID: https://orcid.org/0000-0001-9654-7964
Year of publication: 2022
Source: Show
Pages: 81-92
DOI Address: https://doi.org/10.15804/ppk.2022.05.06
PDF: ppk/69/ppk6906.pdf

The Principle of Equality in Elections to Bodies of Self- Governments of Public Trust Professions

The aim of this article is to demonstrate that the constitutional principles relating to elections to public authorities should mutatis mutandis be the benchmark for elections to the bodies of self-government of public trust professions. The principle of equality of the electoral law is of particular importance in this area. The analysis has been carried out on the basis of the Polish Constitution, the case law of the Constitutional Tribunal and the laws and internal acts regarding professional self-governments. It follows that a breach of the principle of equality in the internal acts of a professional self-government may be grounds for declaring them unlawful. Whereas, laws concerning these self-governments should enable the scrutiny of elections. The considerations lead to the conclusion that topics combining the position of professional self-governments and democratic standards of the election law can be a field of interesting research in the domain of constitutional law.

Kodeks Etyki Prawników Europejskich (CCBE) w polskim systemie prawa

Author: Tomasz Jaroszyński
Institution: Politechnika Warszawska
ORCID: https://orcid.org/0000-0001-9654-7964
Year of publication: 2023
Source: Show
Pages: 217-228
DOI Address: https://doi.org/10.15804/ppk.2023.01.16
PDF: ppk/71/ppk7116.pdf

The Code of Conduct for European Lawyers (CCBE) in the Polish Legal System

The Code of Conduct for European Lawyers, adopted by the Council of Bars and Law Societies of Europe (CCBE), purports to be adopted as enforceable rules in relation to the cross-border activities of the lawyers. The object of this article is to examine whether the Code is a binding act for attorneys at law and attorneys. The professional self-governments have recognised the Code as a binding act for their members, but the analysis leads to the conclusion that there is no basis for this in Polish law. Furthermore, the Code is not an internal act within the meaning of Article 93 of the Polish Constitution. This means that neither attorneys at law nor attorneys can be held disciplinarily liable for breaches of the Code. In order to ensure the effectiveness of the provisions of the Code, they should be included in the professional codes of ethics of these professional self-governments.

Zasady postępowania w praktyce lekarskiej

Author: Dorota Michalska-Sieniawska
Institution: Uniwersytet Humanistycznospołeczny SWPS w Warszawie
Year of publication: 2016
Source: Show
Pages: 105-115
DOI Address: https://doi.org/10.15804/tpn2016.1.05
PDF: tpn/10/tpn2016105.pdf

The incrising demand for regulating social relations which are becoming more complicated is an efect of developing civilization, including in it the level of protection of human rights in XXI century. Standarization is a synonym of the nowadys developing world economy. Apart of the legal rules there are other regulation systems like moral standards, ethical standards, deontological norms or customs. These regulation systems are the complementary systems to the law regulations. Their origin is the natural law. Deontological principles mostly are legally binding like planty of ethical standards in medicine. The reason of the legal power of ethics in medicine is libility for human life. Code of Medical Ethics is also the source of legal norms in medical law. The most important legal norm for medical practice is the doctor’s obligation to treat patients acording to the current medical knowledge. Besides doctors should conduct their practice in a socially acceptable way as working in a profession of public trust.

Charakter członkostwa w samorządach zawodowych w świetle artykułu 17 ustęp 1 Konstytucji RP

Author: Joanna Smarż
Institution: Uniwersytet Technologiczno-Humanistyczny im. K. Pułaskiego w Radomiu
ORCID: https://orcid.org/0000-0002-2450-8162
Year of publication: 2023
Source: Show
Pages: 193-205
DOI Address: https://doi.org/10.15804/ppk.2023.04.14
PDF: ppk/74/ppk7414.pdf

The Nature of Membership in the Professional Self-Governments in the Scope of Article 17 section 1 of the Constitution of the Republic of Poland

The nature of compulsory membership in professional self-governments associating persons covered by the obligation of public trust is a fact that is questioned from time to time. Opponents of obligatory membership, however, find it difficult to argue for the identification of membership. According to art. 17 sec. 1 of the Constitution of the Republic of Poland, the basic opinion of professional self-governments is to supervise the proper performance of the profession by their members, which they do on behalf of the state, in the public interest. Therefore, in order to be able to fully perform this supervision, professional self-overnments should be equipped with an authoritative function in relation to all persons covered by the profession on equal terms. The aim of the article is to justify the obligatory membership in the professional self-government using dogmatic and legal methods.

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