Ruch Prawniczy, Ekonomiczny i Socjologiczny, 2007, nr 1
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Item 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 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 DYLEMATY MIĘDZYNARODOWEJ ODPOWIEDZIALNOŚCI PAŃSTW(Wydział Prawa i Administracji UAM, 2007) Zbaraszewska, AnnaAt its fifty-third session (2001), the International Law Commission (ILC) finally adopted a complete text of the Draft Articles on the Responsibility of States for Internationally Wrongful Acts. The purpose of those Draft Articles is to define “the secondary rules” which are aimed at determining the legal consequences of a failure to fulfill the obligations established by “the primary rules”. This paper attempts to assess the final results of the ILC’s codification works which had taken nearly 50 years. The term “international responsibility” covers the new legal relations which arise under international law by reason of the internationally wrongful act of a state. They occur between a state which has committed such an act and an injured state or states. An internationally wrongful act of a state occurs when conduct consisting of an action or its omission is attributable to the state under international law and constitutes a breach of an international obligation of that state. The content of new rights and obligations is specified in Part Two (Content of the International Responsibility) and Part Three (Implementation o f the International Responsibility) of the Draft Articles. The obligations of the responsible state to cease the wrongful conduct if it is continuing; to offer appropriate assurances and guarantees of non-repetition if circumstances so require, and to make full reparation for the injury caused are the core legal consequences of an internationally wrongful act. A serious breach of an obligation arising under a peremptory norm of general international law may entail further consequences. In the event of a serious breach of ius cogens rules all states are obliged to cooperate in order to bring such a breach to an end, not to recognize as lawful the situation created by that act and not to render aid or assistance to the responsible state to maintain the situation so created. The implementation of state responsibility is, in the first place, an entitlement of “the injured state”. This concept refers to the state whose individual right has been infringed by the internationally wrongful act or which has been particularly affected by it. In case of breaches of obligations protecting the collective interests of a group of states or the international community as a whole, responsibility may be invoked by states which are not themselves “injured” in the sense of ArticleItem HISTORIA WYDZIAŁU W ŚWIETLE NAJNOWSZYCH BADAŃ(Wydział Prawa i Administracji UAM, 2007) Olszewski, HenrykItem JUBILEUSZ 80-LECIA AKADEMII EKONOMICZNEJ W POZNANIU(Wydział Prawa i Administracji UAM, 2007) Mruk, HenrykItem 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 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 KRYTYCZNE WYBORY USTROJOWE W POKOMUNISTYCZNEJ TRANSFORMACJI(Wydział Prawa i Administracji UAM, 2007) Kamiński, Antoni Z.; Kamiński, BartłomiejThe article seeks to identify internal factors explaining the diversity in evolutionary paths of post-communist countries. We build our analytical framework around three actors (Communist Establishment, Society and Opposition) and use the status in their patterns of mutual relations to explain fundamental choices in transition from central planning and totalitarian political regime. These choices involve strategy of economic transformation, the type of government, and the electoral system. Three cases emerge from this analysis: (1) Communist Establishment in control; (2) co-habitation between the Opposition and the Communist Establishment; (3) the Opposition in charge. Each o f these cases implies a different evolutionary path driven by strategic choices made and thereby different outcomes. Case (3) has generated the path with lower economic adjustment costs and producing democracy. In contrast, the case (1) has tended to produce regimes with limited political and economic freedoms.Item MODELE ZACOFANIA A TRANSFORMACJA W EUROPIE WSCHODNIEJ(Wydział Prawa i Administracji UAM, 2007) Brzechczyn, KrzysztofRecenzja: Anna Sosnowska, Zrozumieć zacofanie. Spory historyków o Europę Wschodnią (1947-1994), Wydawnictwo Trio, Warszawa 2004, ss. 387.Item NADUŻYCIE KOMPETENCJI. ZARYS PROBLEMU(Wydział Prawa i Administracji UAM, 2007) Matczak, MarcinThe paper is an attempt to describe the phenomenon o f the misuse of power when using conceptual instruments of law theory. In the authors view, the misuse of power is a specific type o f an improper exercise o f power, which nevertheless, prima facie, appears to be exercised properly. What makes the misuse of power a prima facie proper exercise of power is that it does not meet the requirements that are difficult to perceive: the requirement of the entity carrying out a given act to have the appropriate intent and the requirement of the act to bring about the relevant effects in the real world. These requirements are not o f a formal nature, which is also why an act constituting a misuse of power is a correct act from a formal perspective, while it is questioned on the grounds of the non-fulfilment of substantive requirements. When describing the phenomenon of the misuse of power, the author makes use of the concept of conventional acts and the concept of speech acts.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 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 PRZEGLĄD PIŚMIENNICTWA(Wydział Prawa i Administracji UAM, 2007) Przybylska-Kapuścińsk, WiesławaAndrzej Sławiński, Rynki finansowe, PWE, Warszawa 2006, ss. 213.Item PRZEGLĄD PIŚMIENNICTWA(Wydział Prawa i Administracji UAM, 2007) Błaszczyk, PawełItem PRZEGLĄD PIŚMIENNICTWA(Wydział Prawa i Administracji UAM, 2007) Błaszczyk, PawełWitold Staniewicz, Deflacja polska w latach 1929-1936, Ibidem, Łódź 2003, ss. 183.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 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 SPRAWOZDANIA I INFORMACJE. EUROPEJSKIE PRAWO GOSPODARCZE POLSKO-NIEMIECKIE SEMINARIUM NAUKOWE Bayreuth, 12-14 października 2006 r.(Wydział Prawa i Administracji UAM, 2007) Lissoń, PiotrItem 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, Piotr