Ruch Prawniczy, Ekonomiczny i Socjologiczny, 2007, nr 3
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Item IMMUNITET JURYSDYKCYJNY ORGANIZACJI MIĘDZYNARODOWYCH A IMMUNITET ICH FUNKCJONARIUSZY(Wydział Prawa i Administracji UAM, 2007) Augustyniak, ŁukaszInternational organizations play a very important role in the modern society. To ensure their proper functioning on the level of domestic law, they are granted various privileges and immunities which are included in different sources o f international law. However, it is not undisputable whether international customary law has been developed in this area. The legal form o f the immunity performs the key role in defending the organization’s rights before national courts. Contrary to state immunity, immunity o f international organizations has a wider scope. Many authors do not agree with this interpretation and are of the opinion that it needs to be restricted in some way. Furthermore, in certain specific situations, for example when a person has suffered damage from the organization and an alternative settlement of the dispute is not available, human rights, and in particular the right of access to courts, may be infringed. Sometimes it may be easier to sue officials of international organizations rather than the organization itself because the immunity that protects them is strictly functional. However, it is still difficult to draw a clear line between their official and non-official acts. The legal situation of those who work for international organizations in Polish law is rather complicated and not always consistent with international regulations. This may cause various problems in the interpretation of the applicable law. It is worth mentioning that in numerous cases it is not possible to apply the reciprocity rule to the relations between a state and an international organization.Item MODELE ZADŁUŻENIA PUBLICZNEGO ODWOŁUJĄCE SIĘ DO TYPU INSTYTUCJI POLITYCZNYCH(Wydział Prawa i Administracji UAM, 2007) Babczuk, ArkadiuszThe paper presents models o f public debt where their level and dynamics is related to different national political institutions. These institutions may influence public choices of political decision-makers and the character o f their interactions. Differences between national political institutions in different countries may explain cross-country differences in budget deficits and public debt. The paper surveys a number of models, including models of fragmented governments, the common pool model, or model of geographically dispersed interests.Item NEKROLOGII. WSPOMNIENIE O PROFESORZE KAROLU MARIANIE POSPIESZALSKIM(Wydział Prawa i Administracji UAM, 2007) Kędzia, ZdzisławItem NIELINGWISTYCZNA KONCEPCJA NORMY A ZAGADNIENIA WYKŁADNI PRAWA(Wydział Prawa i Administracji UAM, 2007) Bogucki, OlgierdThe paper deals with relations between a non-linguistic concept of a norm formulated by K. Opałko and J. Woleński and the issues o f interpretation of the law. An attempt has been made to answer the question how the non-linguistic concept of a norm may be modified to make it compatible with the accomplishments of the contemporary reflection on the interpretation of the law on the one hand, and have it retain its fundamental theses on the other. The main result of such modifications would be an assumption that a norm is a certain (specific) type a conventional state of affairs. These deliberations have resulted in a proposed thesis that a properly modified non-linguistic concept of a norm may be compatible with the integrated concept of the interpretation of law pursued in the Polish literature.Item O SPORNYM PROBLEMIE WŁAŚCIWOŚCI TRYBUNAŁU STANU W ZAKRESIE POCIĄGANIA DO ODPOWIEDZIALNOŚCI KARNEJ CZŁONKÓW RADY MINISTRÓW(Wydział Prawa i Administracji UAM, 2007) Janusz-Pohl, BarbaraThe starting point of the deliberations of the paper is a critical analysis of the main theses o f the decision of the State Tribunal of 21 February 2001 in which the Tribunal held that members of the Council of Ministers may be held by the State Tribunal criminally responsible only in the event where such criminal responsibility relates to (is connected with) constitutional liability. In particular article 156 clause 1 and article 145 of Poland’s Constitution have been analysed and interpreted. It has been found that article 156 clause 1 plays the key role here, as it contains three independent and unrelated to each other grounds for holding members of the Council of Ministers criminally responsible by the State Tribunal. Further, the following has been established: 1) Members o f the Council o f Ministers may be held criminally responsible by the State Tribunal only in relation to offences committed when in office. This results from the fact that the immunity protecting them is of functional character, being at the same time only partial immunity (in respect of crimes committed in connection with the function performed). 2) Criminal responsibility o f members of the Council of Ministers after their term of office may only be determined i f criminal proceedings were commenced when a member was still in office. 3) The State Tribunal limits jurisdiction of common criminal courts of law. 4) In respect of the provisions laid down in articles 17 para 1 point 8 of the code o f criminal procedure it is recognised that the State Tribunal enjoys a specific characteristic (right) and consequently its competences to adjudicate about criminal responsibility of certain subjects shall correlate with the institution of jurisdictional immunity from criminal jurisdiction of common courts of law. 5) In consequence of the above, the immunity of the Prime Minister and other members of the Council of Ministers is a jurisdictional immunity, functional, partial and temporary.Item OCHRONA EMBRIONÓW W PRAWIE MIĘDZYNARODOWYM I EUROPEJSKIM(Wydział Prawa i Administracji UAM, 2007) Bosek, LeszekThe paper focuses on the international standards of human embryo protection, with special emphasis on the European standards. The analysis of the issue has demonstrated that the underlying factor of the protection of embryos is the principle of human dignity. The international regulations are based on the assumption that dignity is attributable to each human being, member of the human kind, also ex utero. Polish bioethical regulations are extremely fragmentary and do not provide satisfactory protection of embryos, not even in instances identified in international law. In particular, leaving the IVF sphere outside the governing laws in Poland leads to a question whether Polish laws are not in breach of Directive 2004/23/EEC and Directive 17/EC. Those Directives set out requirements that must be complied with when embryos and gametes are taken and stored, as well as supervision of the prescribed procedures and possible sanctions where those provisions are infringed.Item ODDZIAŁYWANIE POLITYKI FISKALNEJ NA PRZEDSIĘBIORCZOŚĆ NA PRZYKŁADZIE GOSPODARKI POLSKIEJ(Wydział Prawa i Administracji UAM, 2007) Gaweł, AleksandraAlthough studies on entrepreneurship are conducted outside the main trend of economics, it is generally believed that entrepreneurial activity is a factor fostering economic development. Declarations of entrepreneurship stimulation are frequently formulated by politicians but in case of the lack of a comprehensive homogeneous theory of entrepreneurship, it is essential to show the political tools which influence entrepreneurship. This is the main aim of the paper. The research has shown that budget revenues have a stronger influence on entrepreneurship than budget expenditures. While entrepreneurs negatively react to budget revenues from indirect taxes and corporate income tax, an increase in budget revenues from personal income tax has a positive influence on entrepreneurship. At the same time budget expenditures on national insurance and investments negatively shape the rate of proper entrepreneurs. The rate of quasi-entrepreneurs, however, is negatively influenced by budget expenditures on national insurance influence, but positively by the budget expenditures on investments. The results of the analysis allow us to recommend a policy of reducing fiscal charges, and direct taxes and corporate income tax in particular, as a tool of stimulating entrepreneurial activity.Item ODDZIAŁYWANIE SUGESTYWNE NA ZEZNANIA MAŁOLETNICH(Wydział Prawa i Administracji UAM, 2007) Zielona-Jenek, MonikaSuggestion is one of influences that may distort child witness testimony. Suggestion may originate from many sources, important ones being the childs parents, people who are trusted, the guardians as well as those who create the child’s way of perception o f the reality. One of the examples of an attempt of distorting child’s testimony is a situation of domestic violence in marital conflicts made public. Parents who experience difficult emotions and encounter own problems often include children into their conflict and try to influence their memories about the other parent. In disputes and family court proceedings children testimony is a common and important proof. Consequently, an adequate estimation of potential testimony distortions and certainty of testimony credibility are crucial. The paper contains a review of theoretical models of suggestion which use different psychological mechanisms to explain its course.Item PARADYGMAT KLARYFIKACYJNY CZY DERYWACYJNY - SPÓR O PRYMAT W POLSKIEJ KULTURZE PRAWNEJ(Wydział Prawa i Administracji UAM, 2007) Kondratko, ŁukaszRecenzjaItem PROBLEM DOPUSZCZANIA PRZEZ SĄD DOWODÓW Z URZĘDU W POSTĘPOWANIU CYWILNYM(Wydział Prawa i Administracji UAM, 2007) Knoppek, KrzysztofThe paper is focused on the still controversial issue of the courts of the first and second instance admitting or deciding not to admit ex officio evidence. This issue has become even more problematic after the amendments o f the code o f civil proceedings commenced in 1996. The judicial decisions of the last years have demonstrated an opinion that it is in the courts discretion to decide whether ex-officio evidence should be admitted, and such a decision should be made such evidence has been deemed necessary in a given case. In my opinion this position is wrong and contrary to the current legal order. The admissibility of ex officio evidence by the court should be indeed exceptional and reserved to those very rare situations in which the legally protected goods play a role, or where the courts’ decision is prompted by a relevant special regulation. Generally, however, admitting ex officio evidence may infringe the principle of the equal treatment of the parties, and the principle o f independence and impartiality of the courts adjudicating in civil matters.Item PRZEGLĄD PIŚMIENNICTWA(Wydział Prawa i Administracji UAM, 2007) Zbaraszewska, AnnaJan Białocerkiewicz, Status prawny zwierząt. Prawa zwierząt czy prawna ochrona zwierząt, Wydawnictwo TNOiK Dom Organizatora, Toruń 2005, ss. 319. „Item PRZEGLĄD PIŚMIENNICTWA(Wydział Prawa i Administracji UAM, 2007) Orczyk, JózefEmployment Relations in a Changing Society. Assessing the Post-Fordist Paradigm, redakcja L. E. Alonso, M. M. Lucio, Paigrave Macmillan, Houndmills 2006, ss. 232.Item PRZEGLĄD PIŚMIENNICTWA(Wydział Prawa i Administracji UAM, 2007) Surówka, KrzysztofJustyna Rój, Jan Sobiech, Zarządzanie finansami szpitala, Wolters Kluwer Polska, Spółka z o.o., Warszawa 2006, ss. 236.Item PRZEGLĄD PIŚMIENNICTWA(Wydział Prawa i Administracji UAM, 2007) Deszczyński, PrzemysławPiotr Andrzejewski, Wiesław Kot, Medialne public relations, Wydawnictwo Forum Naukowe, Poznań 2006, ss. 227.Item PRZEGLĄD PIŚMIENNICTWA(Wydział Prawa i Administracji UAM, 2007) Andrzejczak, KatarzynaJoseph E. Stiglitz, Andrew Charlton, Fair trade - szansa dla wszystkich, Wydawnictwo Naukowe PWN, Warszawa 2007, ss. 284.Item PRZEGLĄD PIŚMIENNICTWA(Wydział Prawa i Administracji UAM, 2007) Szymanek, JarosławStanisław Bożyk, Partie polityczne a Sejm RP, Wydawnictwo Sejmowe, Warszawa 2006, ss. 180.Item REGIONALNE ZRÓŻNICOWANIE EFEKTYWNOŚCI AKTYWNYCH PROGRAMÓW RYNKU PRACY W POLSCE(Wydział Prawa i Administracji UAM, 2007) Reichelt, AnnaThis paper has been written on the basis o f compulsory statistical reports prepared by Polish labour offices and presents various forms of activation of the unemployed, their efficiency and the funds spent on realisation of those activities. The effectiveness o f active labour market programmes has been going down since 2001. One o f the reasons of that situation is the difference in the structural and economic development of regions in Poland. Analyses of the differences in the effectiveness of active labour market programmes (ALMP) in Polish regions show that those differences have their origin in historic and geographic determinants. The effectiveness of ALMP in counties (powiat) depends on their location. Those near large urban agglomerations achieve better employment results upon completion of an active labour market programme than those farther from large cities or in rural areas. Areas with high demand for work and with readily available qualified human resources are more attractive to potential enterprises. To increase the effectiveness of ALMP it will be necessary to change the social and economic environment and reduce the cost o f labour, to adapt the education and professional training to the needs of the labour market, and to eliminate the differences in economic and structural development of Polish regions.Item ROZUMOWANIE MORALNE NIELETNICH PRZESTĘPCÓW(Wydział Prawa i Administracji UAM, 2007) Groth, JarosławThe paper is devoted to the subject of moral reasoning o f juvenile delinquents. The data collected from a sample of male adolescents indicate that there is a difference in morality between juvenile delinquents and their non-delinquent peers. They also reveal a diversity in the group of delinquents. The paper presents three clusters of persons that differ in the way of their moral reasoning. It also contains a brief overview of the cognitive-developmental theory of moral reasoning and J. Reste’s model of the stages of development o f morality that constitute the theoretical background of the presented research.Item RYZYKO I ZAUFANIE JAKO CZYNNIKI ROZWOJU MAŁYCH I ŚREDNICH PRZEDSIĘBIORSTW PRYWATNYCH(Wydział Prawa i Administracji UAM, 2007) Skrobacki, RadosławThe paper is an attempt to determine the relation between risk and trust and its influence on how contracts are entered into by small and medium-sized private companies today, in the area divided into the “old” and “new” economy. Both phenomena are treated as the basis on which a factor qualitatively separate from their direct total is constructed, whose specifics is then related to the necessity of commencing business in full readiness for relation-based contracts, a situation which the current market seems be prefer. These deliberations are carried out on the theoretical background of A. Gidden’s stratification model of the acting agent and the behavioural assumptions of O. E. Williamson’s transaction cost economics, and are focused on a contract as a phenomenon with consequences reaching much further than would have transpired from a mere analysis o f its contents. Such an approach allows to analyse also the social, and not only the formal impact of the practices used in the sector of small and medium-sized private companies, while the very importance, or meaning of risk and trust and their mutual derives from the impossibility to determine all the conditions and consequences resulting from business transactions concluded by those companies. Pointing out to the differences of transaction costs arising from different types of relations between risk and trust and, basing on his own research, the author describes selected similarities and differences between the representatives of the “old” and “new” economy operating in the sector of small and medium-sized private companies in respect o f two issues: the similarity in their of financial credibility of a contract depending on the ownership structure of business partners (here, distinctions are made between state-owned enterprises and private companies, which are divided further foreign companies operating in Poland, foreign companies operating abroad and Polish private companies) and the differences arising from the different character of business relations between companies operating in the same sector, in which the “old” economy demonstrates actual forms of co-operation with competitors, whereas the “new” economy limits itself to declaratory co-operation only.Item SPRAWOZDANIA I INFORMACJE. „ZYGMUNT ZIEMBIŃSKI - UCZONY I NAUCZYCIEL” Konferencja zorganizowana 11 maja 2007 r. w Poznaniu przez Katedrę Teorii i Filozofii Prawa WPiA UAM(Wydział Prawa i Administracji UAM, 2007) Hermann, Mikołaj; Zwierzykowski, Piotr Filip