władza publiczna

Reflections over the Legal and Constitutional Status of Transnistria

Author: Viktoriya Serzhanova
Institution: University of Rzeszów
Year of publication: 2017
Source: Show
Pages: 71-86
DOI Address: https://doi.org/10.15804/ppk.2017.06.04
PDF: ppk/40/ppk4004.pdf

The present legal status of Transnistria neither seems to be obvious, nor distinctly determined. Its estimation in the context of the region’s statehood has been a subject of disputes of, and divides at the same time, the theorists of state, international lawyers, as well as experts in international relations and political sciences. The hereby paper is an attempt of making the analysis of the selected issues determining Transdniester’s status, first and foremost from the perspective of the theory of state and constitutional law, but also taking into account the international law point of view. It aims at finding an answer to the question on its legal and constitutional status as it is seen by both the unrecognized Transnistria’s state and Moldavia. The subject of the work contains the analysis of the elements of a state’s definition in the context of Transnistria. Moreover, it comprises considerations over the right of nations to self-determination and the problem of sovereignty as regards to the region. It also concentrates on the analysis of Transnistria’s status based on the Moldavian legislation, as well as different possibilities and opportunities/chances to solve the conflict lasting for almost thirty years.

Glosa do wyroku Sądu Najwyższego z 28 listopada 2019 r., sygn. akt III CSK 275/17

Author: Joanna Zofia Jagoda
Institution: Uniwersytet Śląski w Katowicach
ORCID: https://orcid.org/0000-0001-5740-1815
Year of publication: 2021
Source: Show
Pages: 599-607
DOI Address: https://doi.org/10.15804/ppk.2021.05.49
PDF: ppk/63/ppk6349.pdf

Gloss to the Decision of the Supreme Court of 28 November 2019, file reference number III CSK 275/17

The thesis expressed in the glossed judgment that the poviat bears sole responsibility for the damage caused by the issuing of a defective administrative decision by the starost as part of the architectural and construction administration is, in principle, correct. However, this responsibility does not result – as the Court assumed in the commented judgment – from the nature of the tasks performed by the starost, but from the current legal regulations contained in the Civil Code (Art. 417 § 2). Incorrect determination of the nature of the tasks in the field of architectural and construction administration resulted in the dismissal of claims for damages against the State Treasury and local government unit despite the fact that at the time when the decision on the building permit was taken, Art. 4202 of the Civil Code, providing for joint liability of the State Treasury and of a local government unit for damages caused in the performance of government administration tasks specified by law, was in force.

Koncesja na rozpowszechnianie telewizyjne w systemie naziemnym cyfrowym w Polsce

Author: Katarzyna Chałubińska-Jentkiewicz
Institution: Akademia Obrony Narodowej
Year of publication: 2015
Source: Show
Pages: 150-167
DOI Address: https://doi.org/10.15804/tpn2015.1.08
PDF: tpn/8/TPN2015108.pdf

Legal issues associated with the implementation of digital terrestrial television is not only important because of the assessment of their effectiveness. It also tips about what future regulators, based on the experience that we gain today analyzing the administrative and legal convergence in connection with the introduction of new technologies. Their importance is crucial to the debate on the concept of public interest and related restrictions, as well as to analyze the role of public administration in its protection. An example characterized by a change in the understanding of the public interest in the regulatory area of audiovisual media is primarily the sphere of market control and rationing. In the light of the development of new technologies and enlarging coverage market forces should be emphasized that for the sake of proportionality, the objectives of public interest and private purposes, and the rights and freedoms need a more flexibility with regard to rules governing conventional audiovisual media services without negation proven and still existing standards.

„Pod władzą Rzeczypospolitej” – uwagi o artykule 37 Konstytucji RP

Author: Krzysztof Wojtyczek
Institution: Uniwersytet Jagielloński
ORCID: https://orcid.org/0000-0002-6948-6016
Year of publication: 2023
Source: Show
Pages: 13-24
DOI Address: https://doi.org/10.15804/ppk.2023.04.01
PDF: ppk/74/ppk7401.pdf

“Under the Authority of the Republic” – Considerations about the Article 37 of the Polish Constitution

The aim of the publication is the clarification of the formulation “under the authority of the Republic” used in Article 37 of the Constitution of the Republic of Poland. This provision was inspired by analogical clauses inserted to international human rights treaties. The formula under consideration pertains to the complete sphere of Polish territorial jurisdiction as well as to the sphere of Poland’s effective extraterritorial jurisdiction. Submission to the authority is a gradable quality and concerns not so much persons but rather legal and factual situations with their involvement. The scope of rights which have to be guaranteed to a specific person is defined by the principle of adequacy between effective power and constitutional rights.

Od decentralizacji do (re)centralizacji. Polityka rządzących wobec samorządów terytorialnych w Polsce po 2015 roku

Author: Agnieszka Lipska-Sondecka
Institution: Uniwersytet Szczeciński
ORCID: https://orcid.org/0000-0001-8911-4087
Year of publication: 2024
Source: Show
Pages: 207-221
DOI Address: https://doi.org/10.15804/npw20244010
PDF: npw/40/npw4010.pdf

From decentralization to (re)centralization. Policies of those in power towards local governments in Poland after 2015

For Poland, the turn of the 1980s and 1990s for Poland was the beginning of a profound systemic change dubbed transformation. As the result of multifaceted alterations, a new political system was shaped based on the patterns, standards and principles on which democratic states and societies base their organization and functioning. The principle of decentralization determined the direction and nature of changes in the construction of the administrative apparatus of the state, so that its bodies and institutions could perform the assigned tasks and functions in a practical manner. Local governments became a significant component of the new structure of public authorities, and they were entrusted with the implementation of the part of public tasks which directly concerned local and regional communities. And although Polish local governments were not free from defects, and the implementation of tasks caused tensions between the state and local governments, until 2015 the principle of decentralization was respected by those in power. However, the elections in 2015 brought a change, and the new ruling party revealed its actual attitude to state governance, including all forms of local government.

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