Studia Prawa Publicznego, 2017, Nr 4 (20)


Recent Submissions

Now showing 1 - 12 of 12
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    Uwagi na tle wyroku Wojewódzkiego Sądu Administracyjnego w Poznaniu z dnia 4 listopada 2016 r. (sygn. IV SA/Po 495/16)
    (Wydawnictwo Naukowe UAM, 2017) Trela, Anna; Grzymisławska-Cybulska, Maria
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    Powództwo przeciw dyskryminacji w Ustawie z dnia 3 grudnia 2010 r. o wdrożeniu niektórych przepisów Unii Europejskiej w zakresie równego traktowania
    (Wydawnictwo Naukowe UAM, 2017) Śmiałek, Paweł
    Discrimination is a phenomenon that has been existing in our society for many years. The main cause of increased legislative activity in European countries is the action of the European Union, which has issued a number of directives dealing with the problem of discrimination. Poland, as a member of the European Union, was obliged to implement anti-discrimination directives. The legislator did this by enacting the Act of 3 December 2010 on the implementation of certain European Union regulations on equal treatment (hereafter: the equality statute). The equality statue was a good step towards combating discrimination in areas such as the provision of services or capital fl ow. The legislator has also pointed to discriminatory features, including race, age, disability, sex, or sexual orientation. These features cannot serve as a basis for diff erentiating the legal position of legal entities. In carrying out a comprehensive analysis of the subject matter, the study presented in this article covered: the normative grounds of an anti-discrimination lawsuit, the right to compensation, which deviates signifi cantly from the defi nition set out in Article 361 of the Civ il Code, the substantive and legal grounds for action, the principles and the procedure for claiming compensation. The article also deals with the eff ectiveness of the application of the measure in the jurisprudence. To that end, the study examined the case law of common courts dealing with the facts related to the equality law. The Ombudsman and other anti-discrimination aut horities have also been contacted for information on the use of this measure. The paper identifi es as well, the potential solutions aimed at increasing the eff ectiveness and frequency of the use of anti-discrimination lawsuits before Polish common courts.
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    Karta Polaka w systemie instytucjonalnym prawa o cudzoziemcach
    (Wydawnictwo Naukowe UAM, 2017) Narożniak, Agnieszka
    In recent years, there have been legislative cha nges as a result of which the role of the Pole’s Card in the Polish legal system has been increasing. The growing importance of the Pole’s Card requires refl ection on its place in the system of Polish law on foreigners and its relation to other institutions of this law. According to the original concept, the Pole’s Card was to be an offi cial confi rmation of the holder’s belonging to the Polish Nation and a way of granting a number of rights in order to make the foreigner’s stay in Poland easier. Today, it is justifi ed to say that the Pole’s Card has acquired a new, “stay-in” function. Although the Card on its own does not give the right to reside in Poland, it allows its holder to apply for a permanent residence permit without having to meet standard migration requirements. The changes have also made it legitimate to talk about a “repatriation” function of the Pole’s Card. It does not grant Polish citizenship, nevertheless it lets to avoid many diffi culties connected to standard procedures. As far as leaving the country is concerned, the Pole’s Card does not constitute an obstacle to the imposition on its holder of an obligation to leave Poland. However, it should be noted that while fulfi lling its functions, the Card signifi cantly reduces the likelihood of addressing a decision containing such an obligation. The attractiveness of the Pole’s Card holder status is demonstrated in practice by the growing interest in applying for this document. In the system of the law on foreigners, however, there remain some details that show that the whole concept is somehow incomplete. In practice, problems arise with the assessment of the connection to Polish culture and there are questions about the eff ects of unfair practices when applying for the Pole’s Card. Doubts are also raised by the lack of unifi cation of the Card holder status, irrespective of the possession of another privileged status: the one of a citizen of the European Union or a member of her or his family. It leads to a conclusion that legislative corrections seem necessary at some points. At the same time it is claimed that apart from the above, the quality of the application of the existing law should be improved.
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    Prawo do nauki. Prawa dziecka-ucznia
    (Wydawnictwo Naukowe UAM, 2017) Grzejdziak-Przybyłowicz, Agnieszka
    The subject matter of this article was the right to education with a particular regard to the rights of the child being a pupil and his/her right to personal treatment in the teaching and the whole educational process, the right to the open and motivated assessment of the progress in learning, the right to impact the school life via local government activities, as well as the right to the freedom of conscience and religion, and the right to recognise and preserve the national identity in the teaching process. The issue of pupil’s responsibilities, and in particular compulsory schooling and compulsory education, have also been raised. The article defi ned the right to education and placed it among other acts of international law – the Universal Declaration of Human Rights, the International Covenant on Economic, Social and Cultural Rights, the Convention for the Protection of Human Rights and Fundamental Freedoms, the Declaration of the Rights of the Child, as well as the Convention on the Rights of the Child, known as the World Constitution of the Rights of the Child. In addition to the nature of the right to education, the subject matter of the consideration was also the principles and guarantees of its implementation, contained in the Basic Law. Their analysis led to the conclusion about the limited nature of the right of parents to bring up the child according to their own convictions, the implementation of which should be compatible with the welfare of the child and the constitutionally guaranteed right to receive education. An analysis of the regulations applicable in the prescribed scope statutory, and in particular in terms of universal and equal access to education have also been discussed. The refl ections presented in the article have been enriched with case law examples and judgments delivered by the European Court of Human Rights in Strasbourg, the Supreme Court, and the Common Courts. The analysis of the existing legal references, the doctrine, and the case law has allowed to reach a conclusion on the fundamental nature of the right to education, the implementation of which conditions the development of an individual and the full use of its rights.
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    Tytuł profesora w Polsce w latach 1920–1990. Część 1. Warunki przyznawania tytułu profesora w prawie szkół wyższych
    (Wydawnictwo Naukowe UAM, 2017) Wojtczak, Krystyna
    The Polish law on schools of higher education of the past years did not provide a uniformed defi nition of the institution of the title of professor. Diff erences in its treatment generally corresponded to the legal and factual conditions in which the institutions of higher education were operating in interwar Poland in the fi rst years of the Polish People’s Republic. This was not a period of simple change. The fi rst establishments of higher education operating after 1918, and also after the end of World War II, were struggling not only with the acquisition of professors. Later years, despite the opening of new schools of higher education, did not manage to solve the problem of professorship shortages. What was more, a new threat emerged that was ideologisation of universities and scientifi c research. Gradually ideological assumptions had become the criteria of professorship selection. This state of aff airs changed only as a result of the political transformation after 1989. In the interwar Poland and the fi rst years of the Polish People’s Republic, the law provided for two titles of professor: extraordinary and ordinary. A special position was also given to honorary professors, and the award of other professorships was not an isolated act. The shortage of professorship staff was compensated by awarding titles of titular professor, contract professor and deputy professor. This solution continued to prevail in the early years of the Polish People’s Republic and changed only in 1952 when the Act of 1951 came into force. It provided for two scientifi c titles: the extraordinary professor and the ordinary professor. The Act of 1958 Act extended their number by including the titles of contract professor and deputy professor and specifi ed other conditions for awarding these titles. The article presents legal solutions of the past years not only in the scope in which they served the selection of professors’ staff and the conditions of scientifi c advancement set for them in particular years, as well as the conditions in which these advancements were possible.
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    Znamiona państwa wyznaniowego. Uwagi na kanwie dorobku współczesnego konstytucjonalizmu
    (Wydawnictwo Naukowe UAM, 2017) Borecki, Paweł
    An analysis of contemporary constitutions indicates that the number of denominational states is slowly decreasing. However, we also encounter opposite tendencies. The model of a denominational, or a religious state is primarily characteristic for Muslim countries of the Near and Middle East and for a number of Southeast Asian countries. In the last decades, the number of Christian states and secular ideological states has declined signifi cantly. There is a stable group of states with Buddhism as a privileged religion. The religious constitutional norms of states of confession are generally characterised by a high degree of generality. Detailed provisions are seldom and denominational clauses are primarily included among the principles of the supreme constitution. Underlying the religious character of the state lies the rejection of the neutrality of the worldview. It is not possible, on the basis of the constitution alone, to reconstruct a detailed, universal model of a religious state. In the light of fundamental laws, the most common characteristics of religious states are: the negation of the neutrality of the state in worldviews, the acceptance of a particular religion as the offi cial religion, the rejection of the equality of religious associations, the requirement of a head of state to follow the state religion or belief, and the state support for a given confession. The constitutions of most religious states formally provide for religious freedom. In the fundamental laws of some Muslim states, the guarantees for this freedom are, however, silent. The Western political culture fails the characteristics of an organisational unity of the state or the religious apparatus. The socio-political reality of contemporary religious states indicates that this model of statehood cannot be a priori regarded as contrary to the principles of democracy and human rights.
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    Postanowienia Ustawy z dnia 23 marca 2017 r. o kredycie hipotecznym oraz o nadzorze nad pośrednikami kredytu hipotecznego i agentami oraz rekomendacji S Komisji Nadzoru Finansowego a zapobieganie kryzysom bankowości hipotecznej
    (Wydawnictwo Naukowe UAM, 2017) Fedorowicz, Magdalena
    On 23 March 2017, the Act on mortgage credit and supervision of mortgage credit intermediaries and agents was passed, which implements Directive 2014/17/EU of the European Parliament and of the Council of 4 February 2014 on credit agreements for consumers relating to residential immovable property and amending Directives 2008/48/EC and 2013/36/EU and Regulation (EU) No 1093/2010. The Act on mortgage credit under examination contains consumer protection standards for mortgage banking services, which can pursue objectives and perform macro-prudential functions in the fi nancial system. The Act also provides for the supervision of mortgage intermediaries and their agents providing mortgage credit services, rightly considering that since this is a matter of macro-prudential substance and capable of having an impact on fi nancial stability, a comprehensive supervision of the activities of mortgage intermediaries and agents is justifi ed. The aim of the study is to (i) examine the provisions of the Act on mortgage credit from the perspective of its macro-prudential content; (ii) reconstruct this potentially macro-prudential content; (iii) assess the regulatory arrangements for credit intermediaries and residential immovable property agents adopted by the Act; and (iv) address the issue, relevant to the theory of fi nancial market law, of the interference between private and public law rules in terms of their macro-prudential content and macro-prudential policy. It is also intended to perform a comparison of the provisions of the Act on mortgage credit with selected recommendations of Recommendation S of the Financial Supervision in order to assess their macro-prudential nature and the appropriateness of the regulatory solutions adopted by means of an act or by means of national soft banking law to which Recommendation S belongs.
Uniwersytet im. Adama Mickiewicza w Poznaniu
Biblioteka Uniwersytetu im. Adama Mickiewicza w Poznaniu
Ministerstwo Nauki i Szkolnictwa Wyższego