Ruch Prawniczy, Ekonomiczny i Socjologiczny, 2004, nr 2
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Item GLOBALIZACJA A POTENCJAŁ I POZYCJA KONKURENCYJNA PRZEDSIĘBIORSTWA(Wydział Prawa i Administracji UAM, 2004) Owczarzak, RadosławA comprehensive, analytical diagram showing the influence of globalization processes on the company’s competitive potential and position indicates how important it is to have an adequate diagnosis of globalization’s force and impact for a successful corporate strategy. Empirical research conducted in Wielkopolska, Poland shows the benefits of the application of the proposed method. The research looked into the substantial discrepancy between relatively high values of the current competitive position of a company (shareholders’ satisfaction) and weak competitive potential (relative adequacy of the company’s own resources and competence). The discrepancy indicates the extent of danger connected with international competition and the increase of shareholders’ expectations. The proposed concept and measurement tools comprise an attempt at establishing terminological consensus on micro-economic aspects of globalization processes and drawing some general rules and directions for further research.Item PSYCHOSPOŁECZNE DETERMINANTY REAKCJI NA UTRATĘ PRACY(Wydział Prawa i Administracji UAM, 2004) Suchańska, Anna; Świdkiewicz, AnnaUnemployment is a complex social problem with sociological, psychological and economic dimensions. Therefore, any action taken against it or focusing on limiting its consequences requires an interdisciplinary approach, encompassing both the social context o f the phenomenon and the mental conditions of handling it by an individual. The article deals with the latter area. The relevant literature points to the following personal variables as especially significant: age, sex, period of unemployment, value attached to work and the so-called self-destructive lifestyle (defined as the tendency to ignore the potentially negative consequences of actions taken). The objective of the article is to present the relations between these elements and the methods of coping with the lack of work and increasing sense of hopelessness, in extreme cases leading to suicidal reactions in the population of the unemployed, registered in the Municipal Social Support Centre in the town of Żary in Poland. The results indicate varying efficiency in the strategies of managing resignation and hopelessness. These feelings can be largely accounted for by such subject properties as the amount of value one attaches to work and self-destructive lifestyle. All the variables included in the regression equation, including stress management during crisis, account for 72% of variability of the analysed reaction to the loss of employment in the population of the unemployed people covered in the study. This result is also potentially applicable in practice. From a practical viewpoint, while designing social activities among the unemployed, recognition of areas reducing the efficiency of these actions and defining the group with the increased risk of suicide allows the application of individually adapted forms of intervention.Item SPIS TREŚCI(Wydział Prawa i Administracji UAM, 2004)Item NEKROLOGI. PROFESOR ELŻBIETA CZERWIŃSKA (22 VII 1925-30 VIII 2003)(Wydział Prawa i Administracji UAM, 2004) Sobiech, JanPROFESOR ELŻBIETA CZERWIŃSKA (22 VII 1925-30 VIII 2003)Item SPRAWOZDANIA I INFOMRACJE. Sprawozdanie z IV Sesji naukowej młodych pracowników naukowych Wydziału Prawa i Administracji UAM, Poznań, 31 marca 2004 r.(Wydział Prawa i Administracji UAM, 2004) Guzik, BartoszItem PRZEGLĄD PIŚMIENNICTWA(Wydział Prawa i Administracji UAM, 2004) Urbańczyk, MichałIdee jako źródło instytucji politycznych i prawnych, pod red. Lecha Dubela, Wydawnictwo Uniwersytetu Marii Curie- Skłodowskiej, Lublin 2003, ss. 490.Item PRZEGLĄD PIŚMIENNICTWA(Wydział Prawa i Administracji UAM, 2004) Rój, JustynaIzabela Nawrolska, Proces przekształceń systemu ekonomiczno-finansowego opieki zdrowotnej w Polsce, Uniwersytet Szczeciński, Rozprawy i Studia t. (DXXVIII) 454, Szczecin 2003 ss 328.Item PRZEGLĄD PIŚMIENNICTWA(Wydział Prawa i Administracji UAM, 2004) Skowroński, AdamJerzy Gajdka, Teorie struktury kapitału i ich aplikacja w warunkach polskich, Wydawnictwo Uniwersytetu Łódzkiego, Łódź 2002, ss. 337.Item OBIEKTYWNA ISTOTA SPRAWSTWA W UJĘCIU POLSKIEGO PRAWA KARNEGO (UWAGI NA MARGINESIE LEKTURY PRACY P. KARDASA TEORETYCZNE PODSTAWY ODPOWIEDZIALNOŚCI KARNEJ ZA PRZESTĘPNE WSPÓŁDZIAŁANIE)(Wydział Prawa i Administracji UAM, 2004) Pohl, ŁukaszItem ODPOWIEDZIALNOŚĆ ODSZKODOWAWCZA ZA SZKODY WYRZĄDZONE PRZY WYKONYWANIU WŁADZY PUBLICZNEJ W ŚWIETLE PROJEKTOWANEJ NOWELIZACJI KODEKSU CYWILNEGO(Wydział Prawa i Administracji UAM, 2004) Radwański, ZbigniewThe Polish parliamentary committees have completed work on the draft regulation concerning the liability of the State Treasury, local government and other legal persons for damage done during the execution of public power. These regulations are due to replace currently binding art. 417-421 of the Polish Civil Code. Under art. 77 section 1 of the Constitution of the Republic of Poland this liability has been tightened, for they no longer are based on the principle of guilt. The above mentioned legal entities take liability on the principle of risk, as they are liable only for unlawful action or failure to act during the execution of public authority. This liability encompasses also damage done as a result of unlawful normative or individual acts and unlawful failure to issue such acts.Item JAN PAWEł II W JURYSPRUDENCJI AMERYKAŃSKIEJ. PRZEGLĄD PROBLEMATYKI(Wydział Prawa i Administracji UAM, 2004) Motyka, KrzysztofThe paper is intended as a bibliographical and introductory essay on the reception of John Paul II’s teaching in American legal scholarship. It is based on research into articles published in American legal periodicals over the past 25 years of the current Pontificate, most of which are available in Lexis-Nexis. The research, conducted in November 2003, has identified over 750 entries of „John Paul II” in law reviews and over 150 in legal news, but a great majority of them refer to the Pope merely incidentally, usually in footnotes. The author attributes this fact to the prevailing opinion in legal academia that there is no room for references to religious authorities in legal discourse and - specifically - to the secularization of American legal education, including that provided by religiously affiliated law schools.Item ZAKŁADANIE ODDZIAŁU PRZEZ SPÓŁKĘ ZAGRANICZNĄ W ŚWIETLE WYROKU TRYBUNAŁU SPRAWIEDLIWOŚCI W SPRAWIE INSPIRE ART(Wydział Prawa i Administracji UAM, 2004) Napierała, JacekThe subject of this paper is the Court of Justice’s decision in the Inspire Art case on 30th September 2003, in which the Court took position in three fundamental issues. First, the freedom of establishing a company benefits only those companies, which were established in one o f the Community countries only with a view to establish a division in another Community country. Second, in the Court’s view, the protection standard set by a relevant provision of a directive should be defined through the provision’s interpretation, not by following the rule of minimal standard; imposing more duties on a foreign company than intended by the 11th directive was treated by the Court as an infringement of the freedom of establishing companies per se. Third, limitation of the freedom of establishing a company can be justified by urgent needs of public interest, such as: protection of the interests of minority shareholders, employees, inland revenues and, what is particularly important in Inspire Art case analysis - protection of creditors’ interests. Measures taken by the Community to protect these interests are justified as long as they are not discriminatory, are adequate and proportional. The rules demanding from foreign companies a minimal venture capital equal to that of domestic companies do not meet these criteria.Item PRZYCZYNEK DO KONCEPCJI NIEBEZPIECZEŃSTWA W PRAWIE KARNYM(Wydział Prawa i Administracji UAM, 2004) Grzegorz, ŁabudaThe article deals with the notion of danger in criminal law, which forms a basis for the legislator to construct dogmatic figures that serve the purpose of penalization of behaviour which is preliminary to infringement of intangible assets. Danger is a phenomenon that exists in objective reality (there is or there is not a certain phenomenon). However, for full characteristics of danger, a subject’s assessment of the phenomenon is indispensable, which leads to a conclusion that danger is a subjective phenomenon. Danger is a phenomenon connected with existing probability of infringement of intangible assets. This probability must exceed a certain threshold of intensification (e.g. it must be substantial or high). It is not important for the existence of danger whether there has been an infringement of an intangible asset or not (an infringement can occur, but does not have to). Infringement of an intangible asset does not have to follow previous danger, and danger does not have to result in infringement of an intangible asset.Item PRAWNE PROBLEMY ORGANIZACJI REGIONALNYCH IZB OBRACHUNKOWYCH(Wydział Prawa i Administracji UAM, 2004) Skapski, Michał; Swora, MariuszThe article is an attempt to discuss the structure of regional clearing houses and employment in these bodies. Under the Polish regional clearing houses act the competencies of particular organs of these bodies have been altered repeatedly, which have affected their organisation structure. Additionally, the criteria of applying for employment and the legal grounds of employment in these bodies have been changed many times. The authors are discussing the legitimacy of amendments made and whether the modifications could have affected the operation of regional clearing houses. Another major problem confronted in the article is the status of board members in clearing houses. An analysis has been presented of the evolution and the legal form of employing persons in these positions and well as the criteria for their selection. The motives behind the modifications made are particularly doubtful concerning the different statuses of board members employed fully and partly in regional clearing houses.Item O POTRZEBIE ZMIAN W MODELU DZIAŁALNOŚCI SAMORZĄDU TERYTORIALNEGO W POLSCE(Wydział Prawa i Administracji UAM, 2004) Wojtasiewicz, LucynaPoland faces great changes stemming from general development processes in the world. Poland’s integration with the European Union will intensify the impact that these changes have on Poland. A few changes in self-government activities are also required, so that Poland can take possibly the biggest advantage of the oncoming opportunities and effectively eschew or ward off dangers. The changes in question must relate to both their object and the scope, the forms and methods as well as tools and measures. The nature of changes can be summed up into the four following suppositions: 1. restructuring the main functions of local government, whereby the management function will gain more importance, while the direct, executive function will be curbed. 2. the main direction of change: the economy based on knowledge and the development of information society beside the more traditional branches of the economy, which should nevertheless have appropriate conditions for modernisation, 3. an increase in the importance of quality in life and in the economy, 4. particular concern about sustained development (harmonisation of all areas of socio- -economic life) with respect of regional and local values. The changes stated above should be accompanied by creating new social behaviour, stimulating activity, and creating a society open to the world and the challenges of the future, but at the same time cherishing traditions and culture, which are the foundations of its identity and sovereignty. All those factors contribute to the creation of a civil society. The proposed changes in the activity of local governments are hardly revolutionary measures, they rather form a greater change by evolution.Item KEYNES A NEOKEYNESIŚCI(Wydział Prawa i Administracji UAM, 2004) Bludnik, IzabelaDuring the 1970s the early Keynesian system was abandoned following the return of the micro-foundations. Some of them, however, turned out to be overidealistic (e.g. the market-clearing price). The new ideas, developed in the 1980s and 1990s, inaugurated the “Keynes after Lucas” age. Nevertheless, the New Keynesians are, admittedly, a very heterogeneous group, difficult to describe by means of a specific, unique definition. Furthermore, modern Keynesian economics differs significantly from both Keynes’ approach and the old, orthodox Post Keynesian school. Hence, it seems necessary to investigate where the similarities between Keynes and his followers start and end. The analysis of micro-foundations, rigidities, unemployment, expectations, money and monetary policy, fiscal policy and budget deficit, shows that a very general view of Keynes’ writings still comes into consideration. But at the same time New Keynesians decidedly reject many typical, old Keynesian opinions, approving several New Classical and Monetarist suggestions. Most certainly the spirit of Keynes is recovered and New Keynesians are inheritors of the considerable part of his proposals. However, Keynes most probably would not be a New Keynesian.Item STABILIZACJA CYKLU KONIUNKTURALNEGO W POLSCE ZA POMOCĄ NARZĘDZI POLITYKI FISKALNEJ(Wydział Prawa i Administracji UAM, 2004) Gaweł, AleksandraBusiness cycle, today interpreted as middle-run deviations from the main economic trend, is one of the factors influencing dynamism of the economic process. However, as periods of economic recession and recovery bring about many harmful effects for economic growth, the best option is to eliminate them or at least to flatten the business cycle. The governments of the countries well-developed economically after WW II have taken measures to stabilise the business cycle limiting of changes in current aggregate demand through public income and spending policies. Although the amplitude of business cycle fluctuations after WW II has decreased, economists are divided in assessment o f the actual effectiveness of the governments’ actions. On the one hand, business cycle stabilisation is considered a positive result of the state’s intervention in the economy. On the other hand, however, stabilization indicates fiscal policy’s negative effects, such as public spending ousting private spending, or the creation of a political business cycle. In order to determine possible influence a fiscal policy may have on the stabilisation of a business cycle, research was undertaken to investigate the relationship between public spending/income policies and the business cycle in Poland in 1993-2003. It was observed that variables referring to public income policy have a stronger influence on the reference cycle that the values relating to public spending policy.Item WYDŁUŻANIE ŻYCIA ZAWODOWEGO JAKO CZYNNIK OBNIŻANIA WYDATKÓW EMERYTALNYCH W KRAJACH UNII EUROPEJSKIEJ(Wydział Prawa i Administracji UAM, 2004) Czajka, ZofiaThe article discusses the need to prolong the periods of professional activity in order to finance pensions paid out to an increasing number of elderly persons. The employment indices have been presented for employees aged 54-64 and 65-70 in the EU on average and in particular member states in the years 1995-2001, which proved varied but low in most countries. This is visible in the phenomenon of real retirement age being on average lower by a few years than the regular retirement age. Each year of early retirement means a shortened period of benefit payment and extended period of benefit taking. In the recent years the governments of all the member states pursue a policy of reversing this trend, as a result of which the employment rates among older persons have increased.Item WŁAŚCIWOŚĆ SĄDÓW ADMINISTRACYJNYCH(Wydział Prawa i Administracji UAM, 2004) Hauser, Roman; Kabat, AndrzejThe article presents how the jurisdiction of administrative courts has been shaped by legislative acts that introduced a system of two-instance administrative courts. Administrative courts exercise judicial power just like the Supreme Court, courts of general jurisdiction and courts martial (article 175 of the Constitution of the Republic of Poland). The range of administrative courts’ jurisdiction and the nature of their judicial power are clearly formulated in article 184 of the Constitution. According to the article, administrative courts exercise control over civil service within a scope limited by statutes. The control involves passing judgments on the compliance of local government’s resolutions with statutes. Setting clear limits of administrative courts’ material jurisdiction by the Constitution had a decisive impact on the way and scope of regulating this jurisdiction by statutes that introduced reform of administrative courts: the Administrative Courts Structure Act, 25th July 2002, the Proceedings Before Administrative Courts Act, 30th August 2002, and Introductory Provisions to: Administrative Courts Structure Act and the Proceedings Before Administrative Courts Act.Item ETIOLOGIA RÓŻNIC I ZMIAN W MOTYWACH PRACY ZAWODOWEJ MATEK(Wydział Prawa i Administracji UAM, 2004) Szuman, AlicjaThe aim of this paper is to discover the reasons behind mothers’ decision to practice a profession and to determine a possible relationship between their material/non-material motivation to work and the family/occupational status of mothers in different stages of family life. The analysis of working mothers’ reasons to be employed has been based on the source data gathered in a state-wide opinion poll carried out by Poznań University of Economics Family Research Center. The research was carried out in 1999 on a sample of 2484 working mothers, living in cities. As the research shows, the material motivation to work was the principal and sole reason for only 4.8% of working mothers living in cities. 22.4% of the respondents pointed to non-material motives. The dominant group in the sample consisted of married women who claimed both matérial and non-material reasons (72.8%). Taking into account additionally the stages o f family life, the married women in the 1st stage of family stabilisation (see 3.1) are the most remarkable group in terms of the structure of the declared reasons for working. Material reasons were stated the least often, and non-material reasons - the most often by them. In general, with greater number of children in the family, mothers are less likely to declare non-material grounds as the most important and the value of non-material grounds in an overall ratio is smaller. The motives are also conditional on the type of family. Three-generation families are noteworthy here as the respondents from these families mentioned the non-material grounds most often. The age of the mother, the child and the year of contracting the marriage has a far smaller impact on the structure of reasons for working. As for socio-occupational factors, the level of education is the most discriminatory: the higher the mother’s education, the more frequently she declares the non-material motives as the most important. Finally, motivation is also related to the way the mother handles her professional career. The influence of the financial situation of a family is undisputable. Respondents who described their standard of living as very good declared the non-material motives most often, and were most likely to mention them first.