Ruch Prawniczy, Ekonomiczny i Socjologiczny, 2008, nr 1
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Item AKTYWNA POLITYKA ZATRUDNIENIA W AGLOMERACJI POZNAŃSKIEJ W LATACH 2002-2006(Wydział Prawa i Administracji UAM, 2008) Talaga, RobertOne of the crucial aspects of European regional policy is effective implementation of a labour market policy which constitutes a smooth employment increase. In order to develop effective methods of fighting unemployment, a whole spectrum of regulations setting out the objectives and relevant strategies and tools to achieve that goal have been presented. Each country develops its own measures and then uses them in practice, and it also creates regulations allowing them to operate effectively at both, national and regional, levels. The paper analyses the main objectives of the regional policy and tools that are used to achieve them, as well as key issues related to the labour market policy. The importance attached to the employment increase is confirmed by the vast range of aims and actions available to for successful implementation of an effective labour market policy. The regulations pinpoint the need of increasing employment through the human resources development, entrepreneurship support, education promotion and development o f employment institutions and labour market tools. The paper reports briefly on the active employment policy conducted in the poviat (county) of Poznań and city of Poznań, the so-called Poznań agglomeration and shows how the problem of unemployment in that region was combatted and solved in the years 2002-2006. The level of structural funds involved in the solving of that problem is then analysed. The study presented in the paper was intended to collect information and data to use them in comparative studies of regions of similar structures in Poland, in an attempt to collect more information on the actual Polands contribution in the implementation o f the European, national and regional labour market policy.Item EUROPEIZACJA ADMINISTRACJI PUBLICZNEJ(Wydział Prawa i Administracji UAM, 2008) Lipowicz, IrenaEuropeisation of public administration may be equally a subject of an analysis in the course of administrative law or administration as well as management. A characteristic feature of the recent years, however, has been a theoretical departing of the two approaches, leading to major practical consequences. The paper discusses the main normative, structural and functional aspects of the Europeisation of administration at the national and Community level. It also shows the main (fundamental) legal and administrative consequences of Europeisation of administration in Poland, and the effects o f the gradual development of common European administration. Special attention has been given the theoretical clash of the so-called classical community method with the idea of new governance and its main form existing in the Community - an open coordination method. What is particularly interesting is that the functioning o f the rapidly developing network administration and the growing number o f EU agencies, all have relatively feeble legal grounds in the treaty, a fact that has been criticised since long ago. Moreover, contrary to the expectations, neither the draft of the European Constitution, nor the Reforming Treaty, have changed much in that respect.Item KONCEPCJE PLURALIZMU PRAWNEGO A PROBLEM USTALENIA OSTATECZNEGO STRAŻNIKA LEGALNOŚCI PRAWA W UNII EUROPEJSKIEJ(Wydział Prawa i Administracji UAM, 2008) Kustra, AleksandraThe article tries to look at the problem of the final arbiter of the legality o f legal acts enacted in Europe from legal pluralisms perspective. The question whether the ECJ or the national constitutional courts are legitimized bodies to control the constitutionality of the community law has been considered as being a controversial issue for many years. The ECJ states that it is the only body which has the competence to interpret the Community law, but it does not have the competence to interpret the national laws provisions. On the other hand, the national constitutional courts are legitimized to control the constitutionality of the national law but according to the ECJ they do not have competence to control the Community legal acts. The article analyzes chosen theoretical conceptions which, despite many differences represent the current of legal pluralism. All the authors of the described theoretical models analyze the problem of the final arbiter o f the constitutionality in Europe with the assumption of a pluralistic nature of the European legal space which is composted from many independent, autonomous, but simultaneously co-operating legal systems. All described conceptions stress the opened character o f the quis custodiet question. They propose coexistence of many internal perspectives” of the European legal order (C. Richmond), they stress the necessity of establishing a community of national courts” that would have influence at the interpretation of the European constitutional law (M. Maduro) and they point out the need to make some compromises between the ECJs case-law and the stand-points of national constitutional judiciary (M. Kumm).Item KRYTYKA STANOWISKA DOKTRYNY NIEMIECKIEJ W SPRAWIE POWOJENNYCH WYWŁASZCZEŃ MAJĄTKÓW PRYWATNYCH NA ZIEMIACH ODZYSKANYCH(Wydział Prawa i Administracji UAM, 2008) SOBAŃSKI, PIOTRThe paper focuses on the issue of transfer without compensation of ownership of private property owned by Germans living in Western Territories incorporated into Poland after WWII. The author is of an opinion that claims to that property in Germany today cannot be raised or supported. Polish ownership is effectively protected by international public law as the legal title to those transfers originated in war reparations. Chancellor G. Schroder’s statement from 2004 should be interpreted as a final waiver of claims and refusal of support of private claims. For the purpose of international law, that statement constituted a legal act. Polish property is protected by the provisions of the Convention from 1952 on the Settlement of Matters Arising out of the War and the Occupation. Those provisions were maintained in force by the so-called 2 + 4 Treaty and pursuant to them the Federal Republic of Germany shall raise no objections against reparation measures, and no claim or actions shall be admissible.Item O NORMATYWNOŚCI PRZEPISÓW REGULUJĄCYCH PROCES STANOWIENIA PRAWA(Wydział Prawa i Administracji UAM, 2008) Grabowski, PawełIn his paper the author argues that Zygmunt Ziembiáski’s concept of a sanctioned norm and the sanctioning norm requires a certain completion. He also notices that the relation between these two norms (that the sanctioning norm shall be applied when the sanctioned norm has been violated) involves of a number of other norms that the author calls intervening norms. Those norms may create a chain in which individual norms may be related with each other in many different ways. The obligation indicated in a sanctioning norm arises only upon completion/realisation of relevant intervening norms. On the background of such differentiation between a situation in which a “norm has not been completed/realised” and a situation in which a “norm has been violated”, the author claims that in determining when a norm “has been violated” the mental state o f the person exercising such conduct should be taken into account. Applying that thought to the proposed chain o f intervening norms, the author than argues that the first norm is applied not when a given sanctioned norm is violated, but in a situation when there is a conviction that such a violation has already taken place.Item O POJMOWANIU DOBROWOLNOŚCI JAKO WARUNKU CZYNNEGO ŻALU(Wydział Prawa i Administracji UAM, 2008) Jóźwicki, WładysławThe article examines the criterion of voluntariness of the institution of “czynny żal” (active regret) in Polish criminal law. In the article the author critically examines the ideas and arguments presented by the representatives o f the “psychological approach” to the issue, who diminish the range of behaviors which could be described as voluntary. Therefore, he subscribes to the “normative approach” to voluntariness. In this text the author limits himself to pointing out why he considers the ’psychological approach argumentations to be internally erroneous and thus impossible to accept, staying aside from popular and widely used argumentation o f the “normative approach” representatives, focused on political-criminal rationale behind the institution of “czynny żal” as the whole and thus also behind voluntariness.Item O WYKŁADNI MIĘDZYNARODOWEGO PRAWA TRAKTATOWEGO I ZWYCZAJOWEGO (Z UWZGLĘDNIENIEM MIĘDZYNARODOWEGO PRAWA HUMANITARNEGO)(Wydział Prawa i Administracji UAM, 2008) Szpak, AgnieszkaThe author presents the rules o f interpreting treaty and customary international law putting special emphasis on the international humanitarian law. In the introduction, characteristic features of public international law have been mentioned as they influence methods of interpretation. In the subsequent part of the article the author analyzes methods of interpretation (inter alia literal, systematic and functional) on the basis o f the Vienna Convention of the Law of Treaties of 23 May 1969 and taking into account the judgments of the Permanent Court of International Justice and the International Court of Justice. Using this background, the author attempted to - on a concrete example of the international humanitarian law and the International Committee of the Red Cross Study Customary International Humanitarian Law - present problems and issues connected with the interpretation of the treaty and customary international law. Even though the customary law norm will never achieve such a degree of clarity and precision as a treaty norm, role of the former one does not diminish and there still exists a need for interpretation and writing on interpretation of the customary international law (as well as the treaty law).Item PARLAMENTY NARODOWE W PROCESIE INTEGRACJI EUROPEJSKIEJ(Wydział Prawa i Administracji UAM, 2008) Szymanek, JarosławThe paper aims at describing the roles that member state parliaments play in the process of European integration. The main focus is put on co-operation of those parliaments with their respective governments in matters pertaining to the broadly understood European context. The relatively minor significance attached to national parliaments in the EU is also reflected in the role of the European Parliament whose competences are very different from those vested in a typical national parliament. Because it is extra-parliamentary groups that have the decisive voice in the European Union, when it comes to relations of individual member states with the EU organs, those groups will predominantly come in contact with organs of the executive power, and o f the government in particular, of those states. Consequently, in the area of European policy, we may only talk of the supervisory role, or collaboration between a parliament and its respective government. The prototype of a specialised parliamentary commission exercising such supervisory, or controlling functions, was the Commission for European Community matters created by the German Bundesrat in 1957. Today, similar organs include such specialist quasi-commissions as delegations (France) or giuntas (Italy) which most commonly function as independent organs of those chambers. However, regardless of the type of their institutional character, they shall remain the basic control, supervision and co-operation instrument in relations to decisions agreed with other member states governments, but concerning European policies carried out by individual members States. Those commissions may either actively participate in the process of working out of the common position (e.g. as in Germany), or they may remain silent and be only politely informed about the decisions already taken at the executive level (e.g.Italy).Item PATENT EUROPEJSKI PO WEJŚCIU W ŻYCIE AKTU ZMIENIAJĄCEGO KONWENCJĘ MONACHIJSKĄ(Wydział Prawa i Administracji UAM, 2008) Nowicka, AureliaThe Act Revising the Convention on the Grant of European Patents signed in Munich on 29 November 2000 came into force on 13 December 2007. This paper focuses on the main changes made in the text of the Convention and in other documents constituting the legal framework for the European patent system (such as, eg. the implementing regulations to the Convention). Consequently, for the purpose of this study, legal consequences of the new regulations, both with regard to the filing of European patent applications as well as examination of those by the European Patent Office, have been examined. First, changes in the substantive patent law, including provisions determining patentability and exceptions to patentability have been analysed, and were followed by an analysis of individual premises o f patentability (novelty, the inventive step and industrial application). Particular attention has been given to a new legal regulation concerning patentability of substances and compositions for use in methods for treatment of the human or animal body. Secondly, changes to the European patent applications and the effects of a properly filed application have been presented. Thirdly, changes in the legislation o f the states contracting states (and therefore also Poland) resulting from the grant of a European patent, and, especially those concerning the extent of protection ensured pursuant to the Protocol on the interpretation of Article 69 EPC, have been discussed. New solutions proposed in the Convention have been compared and assessed in the light of the laws of Poland, including the Law on industrial property and the Act on the filing of European patent applications and the effects of European patents in Poland. The state of art of the legislative work conducted within the EU aimed at creating a Community patent as well as plans to tie the European patent system with the future Community patent have also been discussed.Item POLACY WOBEC IV RZECZPOSPOLITEJ. REFLEKSJA SOCJOLOGICZNA PO WYBORACH PARLAMENTARNYCH 21 PAŹDZIERNIKA 2007 R.(Wydział Prawa i Administracji UAM, 2008) Drozdowski, RafałThe author looks at the result o f the recent parliamentary election in Poland to find indications o f some more general and deeper transformations that the Polish society has been lately undergoing. The paper also formulates the most likely forecasts of the direction of a further evolution of the political system in Poland and the future political situation of the winners and the losers in that latest election. The results of the election show that the pro-modernisation and pro-European attitudes are strengthening. They also confirm that Poles have rejected the model of an “educating state” or an “over-regulatory” state that aspired to administrate the reality. Further, those results seem to indicate that Poles today opt for evolutionary rather than revolutionary projects to improve the post-transformation order. What continues to be present is the crack that still divides Poland into the more liberal north-west (voting for the Civic Platform) and the more conservative south-east (consequently voting for Law and Justice). The results of the election have also revealed that the Polish society demonstrates a growing need for building social trust. Polish political scene seems to be heading towards a 3 +1 model, in which PiS (Law and Justice) will be a strong conservative right-wing party, PO (Civic Platform) a strong centrist party and LiD (Liberals and Democrats) or its successor, a strong left-wing party. PSL (Polish Peasants’ Party shall remain a party in permanent coalition with the governing ones.Item POWIERNICTWO PRUSKIE - PROBLEM LEGALNOŚCI DZIAŁANIA(Wydział Prawa i Administracji UAM, 2008) Putzke, Holm; Morber, GuidoThe authors are convinced that the operation of Prussian Claims Society puts good neighbours relations between Poland and Germany at risk and is against “the idea of the reconciliation between nations”. Consequently, they consider possible legal measures that could stop its functioning. Having analysed German legislation, and in particular the Constitution of the German Federal Republic, the Act on Associations and related jurisdiction, the authors conclude that such a prohibition is not only possible in the light of the binding laws of Germany, but also necessary, because further existence of Claims Society will be detrimental to German-Polish relations.Item PRZEGLĄD PIŚMIENNICTWA(Wydział Prawa i Administracji UAM, 2008) Małecka-Ziembińska, EdytaAndrzej Wernik, Finanse publiczne. Cele, struktury, uwarunkowania, Polskie Wydawnictwo Ekonomiczne, Warszawa 2007, ss. 228.Item PRZEGLĄD PIŚMIENNICTWA(Wydział Prawa i Administracji UAM, 2008) Przybylska-Kapuścińska, WiesławaStanisław Flejterski, Metodologia finansów, Wydawnictwo Naukowe PWN, Warszawa 2007, ss. 267.Item PRZEGLĄD PIŚMIENNICTWA(Wydział Prawa i Administracji UAM, 2008) Gomułowicz, AndrzejCezary Kosikowski, Podatki. Problem władzy publicznej i podatników, LexisNexis, Warszawa 2007, ss. 251.Item ROLA PRZEDSIĘBIORCY W PROCESIE KREATYWNEJ DESTRUKCJI(Wydział Prawa i Administracji UAM, 2008) Kozłowska, AnnaSchumpeters concept of creative destruction explains the phenomenon of economic development through an objective and automatically unfolding sequence of events connected with the appearance of new entrepreneurs - innovators, and their influence on the existing enterprises. Innovations take place when traditional production factors find their application in new, modern methods of production, and their consequence is the change o f the existing industrial structure. They are treated as the driving force of the sequence of significant events in which the entrepreneur reforms and revolutionises production patterns through utilising new ideas or new technical possibilities of production of new goods, or producing old” goods using new methods, through opening new sources of resources or new markets for products or through organisational changes in industry. According to J. A. Schumpeter, the entrepreneurs activity, involving the implementation of innovations, is the main source of repeating waves of prosperity, which revolutionise the organism of the economy and recessions, triggered off by the influence of new products and methods disrupting current equilibrium. The aim of the study is a review of J. A. Schumpeters views on the role played by the entrepreneur in the process of economic development, and their gradual evolution caused by institutional changes taking place in the system of a capitalist economy.Item RÓWNOWAGA MIĘDZY PRACĄ A ŻYCIEM OSOBISTYM(Wydział Prawa i Administracji UAM, 2008) Chirkowska-Smolak, TeresaThe paper focuses on psychological and social consequences of changes in the working conditions, and in the organisation of work time in particular, that are taking place in contemporary enterprises today, and the problem arising from the need to reconcile work and other roles, such as family, in the new circumstances. It also presents results on empirical research carried out into that matter.Item SKUTKI WADLIWOŚCI CZYNNOŚCI CYWILNOPRAWNEJ W ŚWIETLE USTAWY O PODATKU OD CZYNNOŚCI CYWILNOPRAWNYCH(Wydział Prawa i Administracji UAM, 2008) Radzikowski, KrzysztofThe paper distinguishes four types of sanctions for defective acts in civil law that have been traditionally described in the civil law literature: (1) (absolute) invalidity of the act, (2) relative invalidity o f the act (challengeability), (3) suspended ineffectiveness of the act in law, and (4) relative ineffectiveness of the act in law. Tax on civil law transactions is not payable in the case of acts in law which have been found absolutely invalid. The collected tax may be recovered on condition that the legal consequences of the statement of will have been waived (relative ineffectiveness). The tax obligation for acts performed under civil law regulations arises only when such an act has been confirmed by a third party. In the absence of a confirmation, the tax obligation will not arise. However, at the time when an act is being performed and it has been found relatively ineffective, the tax obligation holds as provided in general terms and conditions, although it is not bound to be recovered when the effectiveness of the act has been challenged.Item Spis treści(Wydział Prawa i Administracji UAM, 2008)Item SPRAWOZDANIA I INFORMACJE. PATRZĄC NA STAROŚĆ. KULTURA WIZUALNA STAROŚCI Poznań, 28-29 listopada 2007 r.(Wydział Prawa i Administracji UAM, 2008) Rogowski, ŁukaszItem SPRAWOZDANIA I INFORMACJE. PROFESOR ZBIGNIEW RADWAŃSKI DOKTOREM HONORIS CAUSA UNIWERSYTETU SZCZECIŃSKIEGO(Wydział Prawa i Administracji UAM, 2008) Czepiła, Stanisław; Kuniewicz, Zbigniew