ItemPRZEGLĄD 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. ItemROZUMOWANIE 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. ItemRYZYKO 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. ItemREGIONALNE 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. ItemMODELE 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. ItemODDZIAŁYWANIE 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. ItemNIELINGWISTYCZNA 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. ItemW SPRAWIE SYTUACJI PRAWNEJ CZŁONKÓW KORPUSU SŁUŻBY CYWILNEJ NA PODSTAWIE PRZEPISÓW USTAWY O SŁUŻBIE CYWILNEJ Z 2006 R.(Wydział Prawa i Administracji UAM, 2007) Samol, SebastianThe paper focuses on the conditions o f employment of civil servants under the new regulations and provisions of the Act on civil service of 24 August 2006 (Dz. U. No 170, item 1218). The author analyses the new provisions and their impact on the conditions of employment in civil service, the rights and duties of civil servants, the rules governing remuneration of civil servants and their disciplinary liability, as well as the constitutionality o f the provisions of the Act on civil service 2006. The above analysis constitutes the grounds upon which conclusions about the change of the legal status of that employees’ group are drawn. ItemNEKROLOGII. WSPOMNIENIE O PROFESORZE KAROLU MARIANIE POSPIESZALSKIM(Wydział Prawa i Administracji UAM, 2007) Kędzia, Zdzisław ItemSPRAWOZDANIA 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 ItemPRZEGLĄD 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. ItemO 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. ItemPRZEGLĄD 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. ItemSPRAWSTWO ZLECENIODAWCZE JAKO NOWA ZJAWISKOWA FORMA CZYNU ZABRONIONEGO. UWAGI NA TLE PROJEKTU ZMIAN KODEKSU KARNEGO(Wydział Prawa i Administracji UAM, 2007) Pohl, ŁukaszThe paper focuses on a legal analysis of the governmental proposal to add to the catalogue of offences the act o f commissioning a crime (draft article 18 para, la o f the penal code) which, according to the definition in the draft amendment o f the penal code, would consist in commissioning a third party to commit an offence in exchange for a promised financial or personal benefit. In order to justify this legislative proposal, the author has first of all analysed the relations in which this new offence would stand vis a vis other non-executory forms o f offences. The conclusions drawn upon that analysis suggest that the proposed change is not well grounded. The attributes of the act of commissioning a crime do not expand in any way beyond the existing range of acts that are subject to criminalisation as those are already prohibited in the currently binding legal system and, what is more, are also subject to adequate penalisation through sanctioning norms that prohibit the commissioning, as well as incitement or aiding and abetting a crime. Hence the author’s opinion that the amending proposal should be relinquished. ItemSYSTEMY MIĘDZYNARODOWEGO PRAWA UPADŁOŚCIOWEGO(Wydział Prawa i Administracji UAM, 2007) Prusak, BłażejThe dynamically increasing number of transnational corporations in the global economy determines, especially in crisis periods, the rise in the number of transnational bankruptcies. Recently there have been a number of spectacular transnational bankruptcies such as: Parmalat, Yukos, Daewoo. As a result, this issue attracts interests of both practitioners and theory makers. This paper presents five bankruptcy system proposals (universalism, territorialism, cooperative territoriality, modified universalism and Rasmussen’s corporate-charter contractualism). The author has conducted a comparative analysis o f the above mentioned systems showing their advantages and disadvantages and presented their implementation in practice. ItemPRZEGLĄD PIŚMIENNICTWA(Wydział Prawa i Administracji UAM, 2007) Deszczyński, PrzemysławPiotr Andrzejewski, Wiesław Kot, Medialne public relations, Wydawnictwo Forum Naukowe, Poznań 2006, ss. 227. ItemIMMUNITET 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. ItemPRZEGLĄD 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. „ ItemZŁE TRAKTOWANIE DZIECKA W EUROPEJSKIEJ KARCIE SPOŁECZNEJ ORAZ KONWENCJI O OCHRONIE PRAW CZŁOWIEKA I PODSTAWOWYCH WOLNOŚCI(Wydział Prawa i Administracji UAM, 2007) Łasak, KatarzynaIn the Charter1, the Revised Charter2 and in the Convention3, a child means every human being below the age of eighteen. The age o f a child is a reason o f his/her vulnerability to ill-treatment. These treaties endeavour to protect a child against bad treatment, albeit to different degrees and by various means. Article 3 of the Convention secures a child from extreme forms of physical and mental abuse,which include torture, inhuman or degrading treatment or punishment. In its system the Charter had adopted this understanding o f prohibition of a child’s ill-treatment and then adapted it to suit its own purposes and uses. In its current form, the prohibition in the Charter and the Revised Charter should be interpreted in two ways. In its essence, it prohibits any form of violence against a child, while in its expanded formula it provides that the childs legal status, health, education, or financial provision, nor the right to rehabilitation o f juvenile offenders, should be neglected. This other aspect of the prohibition of ill-treatment under the system of the Charter is also present in the Convention, although reduced to the dimension of the first generation of human rights. Moreover, its efficiency is further limited due to the specific features of the implementation mechanism. ItemPRZEGLĄD PIŚMIENNICTWA(Wydział Prawa i Administracji UAM, 2007) Szymanek, JarosławStanisław Bożyk, Partie polityczne a Sejm RP, Wydawnictwo Sejmowe, Warszawa 2006, ss. 180.