Ruch Prawniczy, Ekonomiczny i Socjologiczny, 2007, nr 1
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Item ZMIANY W CHARAKTERZE PRAWNYM FUNDUSZY CELOWYCH(Wydział Prawa i Administracji UAM, 2007) Kucia-Guściora, BeataThe following paper supplements the article “The legal status of earmarked funds” published in “Ruch Prawniczy, Ekonomiczny i Socjologiczny” 2004, 4, pp. 5-25. Changes in the legal regulations governing earmarked funds, introduced in 2004-2005, influenced their legal status. Thus there is a necessity to complete the previously published study. Firstly, the notion of “earmarked fund” has been altered and opportunities to create new earmarked fund has been offered. The legal consequences of that are serious since they affect the legal character o f an earmarked fund. The next change is an effect of the previous one and it refers to the addition to the earmarked fund’s catalogue 15 new funds. The author discusses the sense of this extention in the perspective of postulates to order the public finance sphere. Under the new laws, the income and revenues of the funds are more specifically regulated. The new regulations also provide for more flexible management of funds, which may now be used for other purposes than originally intended and included in the financial plan. Those modifications, which are related to the legal status o f earmarked funds, are o f specified nature and in this context they should be recognized as positive. However, the author draws the reader’s attention to a possibility of using these financial instruments for political aims and not only for the sake of better management.Item HISTORIA WYDZIAŁU W ŚWIETLE NAJNOWSZYCH BADAŃ(Wydział Prawa i Administracji UAM, 2007) Olszewski, HenrykItem ZASADA WZMOCNIONEJ WSPÓŁPRACY W PRAWIE WSPÓLNOTY EUROPEJSKIEJ - OD TRAKTATU AMSTERDAMSKIEGO PO PROJEKT TRAKTATU KONSTYTUCYJNEG(Wydział Prawa i Administracji UAM, 2007) Maliszewska-Nienartowicz, JustynaThe paper focuses on the principle of enhanced cooperation in the European Union law. The idea of such cooperation arose in the seventies o f XX century. However, it was regulated as late as in 1997 in the Amsterdam Treaty under the influence o f a dangerous practice of enhancing cooperation in the area o f free movement o f persons (Schengen Conventions). Its regulation was changed in the Niece Treaty as there was a fear that new Member States could obstruct the development o f European integration. The next phase in the development o f the principle of enhanced cooperation is connected with the draft of the Constitutional Treaty. It has not entered into force yet and we still do not know i f it will. However, there is no doubt that its regulations show the current attitude o f the Member States to the principle of enhanced cooperation. Thus, it should be noticed that they do not predict big changes as far as the idea of enhanced cooperation is concerned, in particular its conditions are not modified. Only the procedure of its establishment is simplified. It should be regretted that the Member States have not taken the opportunity to introduce changes which would make the process o f establishment of enhanced cooperation more difficult (would resign of the possibility to establish it by the minority of the states) and which would make easier to join the existing enhanced cooperation (by technical and financial support for the states that do participate in it).Item SPRAWOZDANIA I INFORMACJE. ZJAZD KATEDR PRAWA KARNEGO Gniezno, 26-29 września 2006 r.(Wydział Prawa i Administracji UAM, 2007) Zawłocki, RobertItem BARIERY W DOSTĘPIE KOBIET DO RYNKU PRACY A KONTRAKT PŁCI(Wydział Prawa i Administracji UAM, 2007) Polkowska, DominikaFor many centuries the public and private sphere have functioned separately from each other. Women were looking after the children and engaged in housework, while men worked to provide their families with money to survive. However, as social consciousness grew, women were gradually leaving the private sphere to engage more in public activities, and take up employment. This met with a strong opposition among men who feard that they might lose their position in a family. On the other hand, women were not prepared to compete with men, and they also encountered various obstacles created for them on their professional development path, especially in such areas like politics, business, education or health service. There are many reasons for the under-representation of women in public life. The main one is related to the stereotypes of the social roles attributed to men and women, subsequently passed over to children in the process of their upbringing, and a relatively low self-esteem still prevailing among many women.Item PRZEGLĄD PIŚMIENNICTWA(Wydział Prawa i Administracji UAM, 2007) Strykowska, MariaSławomir Banaszak, Menedżerowie w strukturze społecznej, Wydawnictwo Wyższej Szkoły Komunikacji i Zarządzania w Poznaniu, Poznań 2006, ss. 186.Item PRZEGLĄD PIŚMIENNICTWA(Wydział Prawa i Administracji UAM, 2007) Deszczyński, PrzemysławTomasz Kowalak, Integracja rynków kapitałowych w Unii Europejskiej, Wydawnictwo Twigger, Warszawa 2006, ss. 349.Item ZIELONA KSIĘGA. OPTYMALNA WIZJA KODEKSU CYWILNEGO RZECZYPOSPOLITEJ POLSKIEJ(Wydział Prawa i Administracji UAM, 2007) Radwański, ZbigniewThe civil code currently binding in Poland was adopted in 1964, but it has been recently substantially amended. Those amendments have been passed to repeal the institutions that were typical of the former socialist system, and to create new institutions of a democratic state character, addressing the needs o f a market economy. Those amendments, however, have somewhat impaired the cohesion o f the entirety o f the code. Moreover, many new institutions, especially those regulated by EU directives, have been left out, that has led to a substantial disintegration o f the civil law system, and weakened the function o f the code that is to hold the legal provisions together. With the above in mind, the Civil Law Codifying Commission, composed of 12 independent civil law theorists and judges of the Supreme Court, has initiated a discussion on the necessity o f a new civil code that would be based on the values included in Poland’s Constitution of 1997, and which would also incorporate Community law, and provide for the principles of modern economic activity. The Green Book contains a vision o f such codification and includes, in its annex, material complementing certain specific issues. The Book is to provide grounds for a further discussion on the contents of the new code. The draft provisions and suggestions presented in the Book indicate the practicality of drafting a new civil code followed by a new code of civil procedure.Item PRZEGLĄD PIŚMIENNICTWA(Wydział Prawa i Administracji UAM, 2007) Przybylska-Kapuścińsk, WiesławaAndrzej Sławiński, Rynki finansowe, PWE, Warszawa 2006, ss. 213.Item PŁATNY URLOP DLA PORATOWANIA ZDROWIA(Wydział Prawa i Administracji UAM, 2007) Kucharski, PiotrThe paper analyses a paid health improvement leave taken under the binding rules in Poland, which apply to certain groups o f employees of public institutions. This leave, also known as a paid leave for health purposes, or convalescence leave, is regulated by special rules of some acts, and certain regulations based on those acts. The purpose of this leave is always the same and involves the need to refrain from work for the realisation of the recommended therapeutic treatment. However, the principles upon which such a leave is granted differ. This differentiation may, among others, concern the following: 1) the circumstances that justify the granting o f that leave, 2) those who grant the leave, 3) the length of the leave, 4) the obligation or possibility o f granting such a leave. This differentiation of legal regulations for the granting o f a paid health improvement leave does not create any doubts when there are rational grounds for those differences. It must be emphasised that a health improvement leave is completely different from a sick leave or an annual leaveItem SPRAWOZDANIA I INFORMACJE. KONKURENCJA WE WSPÓŁCZESNEJ GOSPODARCE KONFERENCJA NAUKOWA Poznań, 6-7 listopada 2006 r.(Wydział Prawa i Administracji UAM, 2007) Jantoń-Drozdowska, Elżbieta; Scheibe, AnnaItem KLIENTELIZM JAKO FORMA KORUPCJI(Wydział Prawa i Administracji UAM, 2007) Nowakowski, KrzysztofCorruption is linked to the issue of clientelism. This fact establishes a wide understanding of its phenomenon. This wide context and understanding of corruption is simplified by the recognition of the patron-client system that accompanies corruption or is even identified with it. Clientelism may be of a personal or mass character, and it consists of a mutual provision of services, without the need of laying out funds to achieve a common goal. The socio-economic transformation, being a profound and thorough reform of the system and institutions, promotes corruption practices (the process of transfer of resources from public to private sector progressed swiftly). Corruption provides means for maintaining and developing the client networks. Patron-client relations are of secondary nature in some societies; in other societies they substantially influence the shape of the political and economic system, as well as the social structure. Such relations may transgress the borders between classes, professional groups, organisations, or family relations. Where the liberal-democratic parliamentarism coincides with the absence o f an educated civil society, the civil service o f the state comes to force, showing the domination o f political parties and pressure groups, favouring the clientelistic corruption, and influencing the development of the private sector and the formation of capital. Political parties distribute and decide upon thousands of positions. They organise their own client communities. Still, the typical clientelistic societies are not very common. The dynamics of the economy indicates that the factors which paralyse the economic development have not dominated the economic system in Poland as yet, and that system maintains its autonomy. This does not imply, however, that the activation of the long-term growth factors and the elimination of what is the “lost opportunity” costs in the economy have started to operate.Item OGRANICZENIA AUTORSKICH PRAW MAJĄTKOWYCH DO PROGRAMÓW KOMPUTEROWYCH(Wydział Prawa i Administracji UAM, 2007) Kępiński, JakubCopyright law is the area o f intellectual property law that regulates the creation and use of a range of cultural goods such as books, songs, films and computer programmes. The paper focuses on the protection o f computer programmes, and, in particular, on the rights of their lawful users, such as buyers and licensees in Poland. The Polish regulation is based on the Council Directive o f 14 May 1991 on the legal protection of computer programmes (91/250/EEC) which was introduced to the Copyright Law during the process of harmonization of the Polish Law with the European Law (Dz. U. from 2006, No 90, item 631). The paper is divided into four parts which reflect the rights o f a legal user. The first part presents the right to use the computer programme in accordance with its intended purpose, including the correction of errors. The second part explains the right to make a back-up copy. The third one focuses on the right to observe, study or test the functioning of the programme in order to determine the ideas and principles which underlie its elements. Finally, the fourth part deals with the right of decompilation. The intention o f the author was to write an exhaustive paper that would explain the rights of a lawful user. Until now the majority o f articles and monographs have focused on the protection of computer programmes from the point o f view o f their authors.Item SPRAWOZDANIA I INFORMACJE. KONCEPCJA SYSTEMU PRAWA ADMINISTRACYJNEGO ZJAZD KATEDR PRAWA ADMINISTRACYJNEGO I POSTĘPOWANIA ADMINISTRACYJNEGO Zakopane, 24-27 września 2006 r.(Wydział Prawa i Administracji UAM, 2007) Skrzydło-Niżnik, Iwona; Dobosz, PiotrItem ROZWÓJ ŚRODOWISKA INSTYTUCJONALNEGO W NOWYCH KRAJACH UNII EUROPEJSKIEJ PRZYPADEK ESTONII I POLSKI(Wydział Prawa i Administracji UAM, 2007) Kowalski, Tadeusz; Wihlborg, Clas; Vensel, VelloThe aim o f the paper is to present the results of a series o f interviews and surveys carried out among Estonian and Polish managers in Estonia and Poland between 1997-2004. The survey was conducted in an attempt to quantify evolution and perception of the quality of the legal environment in those economies under transition, at the time when both states were preparing to accede to the European Union. The results o f that empirical study are presented against the background o f the literature on institutional aspects o f the economic transformation. The surveys are focused on three vital areas: the functioning of government agencies, or public institutions, the legislative procedures and law enforcement.Item KONCEPCJE SUWERENNOŚCI PAŃSTWA W SFERZE POLITYKI GOSPODARCZEJ W WARUNKACH EUROPEJSKIEJ INTEGRACJI GOSPODARCZEJ(Wydział Prawa i Administracji UAM, 2007) Woś, Jerzy; Hnatyszyn-Dzikowska, AnnaThe objective of the paper is to systemise the contemporary attempts to define state sovereignty, and, in particular, the realisation by a sovereign state of its economic functions in conditions of a tightening economic integration. The authors start by looking at the classic concept of state sovereignty and then confront it with the competences of a state at different stages of European integration and in the Euro zone. Those consideration also include the relation between state sovereignty and the principle of subsidiarity. The paper ends with a description of a contemporary definition of state sovereignty in the area of economic policy.Item PRZEGLĄD PIŚMIENNICTWA(Wydział Prawa i Administracji UAM, 2007) Błaszczyk, PawełItem JUBILEUSZ 80-LECIA AKADEMII EKONOMICZNEJ W POZNANIU(Wydział Prawa i Administracji UAM, 2007) Mruk, HenrykItem DOWODZENIE CO DO MERITUM W SPRAWIE KARNEJ W POSTĘPOWANIU APELACYJNYM(Wydział Prawa i Administracji UAM, 2007) Klejnowska, MonikaThe paper is an attempt to analyse the way in which a court of appeal may verify and use the results of the evidence collected in the court of the first instance. Attention has been drawn to the fact that the way in which the court o f appeal looks at evidence is different to that in the court o f the first instance. The court of appeal may reverse, uphold, or amend the original sentence. That court has the power to increase the sentence, although, in principle, its sentence should not be more severe than the one originally pronounced in the court of the first instance. The court o f appeal is also limited when it comes to verifying the evidence. The predominant approach is to analyse the evidence collected and presented at the court that had originally reached a verdict, and only when necessary, to seek complementary evidence. Sometimes the proceeding of the court of appeal with regards to evidence are less formal than those in the inferior court.Item WYKŁAD INAUGURACYJNY prof. Leszka Balcerowicza pt. Praworządność, pieniądz, demokracja wygłoszony po nadaniu mu tytułu doktora honoris causa Akademii Ekonomicznej w Poznaniu(Wydział Prawa i Administracji UAM, 2007) Balcerowicz, Leszek