Ruch Prawniczy, Ekonomiczny i Socjologiczny, 1996, nr 2
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Item Spis treści RPEiS 58(2), 1996(Wydział Prawa i Administracji UAM, 1996)Item Senat w systemie organów państwowych III RP w świetle projektów nowej konstytucji(Wydział Prawa i Administracji UAM, 1996) Matuszewski, LechThe author defines the role of the Senate in the Polish political system within the present legal regulations ( Act of Parliament of October 10, 1992), and discusses the problem of Senate elections as well as its constitutional place within the framework of the Seym (Diet), the President and Government. He goes on to analyse various proposals to the Senate question adopted by various political groups as well as those included in the future Constitution of the Third Republic. The author quotes the solutions adopted in other legal systems - not just countries of old democratic tradition, but the postcommunist ones as well.Item Status ustrojowy prezydenta jako głowy państwa(Wydział Prawa i Administracji UAM, 1996) Ciapała, JerzyThe subject of this article are some rekarks on the constitutional position of the president as a head of state. It is usually said that a president is just a head of state. Actually, in common sense, a president and a head of state are synonyms. It shpudl be indicated that neither historical reflection nor any theoretical argumentation concerning in particular his position as a head of state influenced by the regulations of international law were presented. But first of all range of his functions and competences itself shows that the thesis which is based on the assertation that a president is head of state is a kind of simplification. The main purpose of this article was to recollect that a head of state is just one of his functions. It may determine his constitutional status particularily in many countries where the system can be designated as a parliamentary - and - cabinet government and where the most important office of the political influence is occupied by the prime minister or by the chancellor. President is not regarded to be responsible for the corrent policy. His main role is to personify the state as it is, to unite the citizens beyond their political options and to maintain the feeling of a psychological need of the formal authority and the real prestige. Of course, a combination of strong pressures in domestic and foreign policy have resulted in a steady expansion of the executive branch of government and have caused executive powers to be concentrated in the collective government. Formally, a president is classified as a member of the executive branch but in fact the described function simply originates from the former position and from the authority of monarchy. The legal competences resulting from this function are of special kind and they do not let govern or exercise a role of the political authority. Moreover, some remarks on the constitutional position of Polish President were presented to emphasice a lot of oversights and imperfections of the way of constitutional regulations.Item Prawo do prywatności (zagadnienia wybrane)(Wydział Prawa i Administracji UAM, 1996) Mielnik, ZbyszkoArticle as a whole examines aspects of privacy rights. It consists of the three parts. The first one surveys the geography of the subject. Starting with the definition and the scope of privacy, it will then look at the way in which the aspects of privacy developed. The second one corncens the protection of privacy given by the instruments of international law to which POLAND is a party. It examines not only the judgements of European Court of Human Righst but the decisions of European Comission on Human Rights as well. The third one surveys the polish law concering the privacy and the protection given by it. It also compares whether the regulation of polish law concering privacy meet requirements of European Convention on Human Rights.Item Restytucja dóbr kultury a wolny rynek sztuki(Wydział Prawa i Administracji UAM, 1996) Gerecka-Żołyńska, AnnaRestitution is one of means of culture goods protection. It ensure possibilities of national heritage preservation and supplement. Culture goods restitution is an international legal instrument used predominantly in three cases. First, when illicit export from a state of origin occurs, usually after committing an offence against culture property. Second, when works of art which are cultural property were grabbed from a state of origin during war or military conflicts and third, when newly created states usually of Third World demand return of their national heritage elements from their former colonizers. The article concerns only the first case when instrument of restitution is implemented. Many important aspects of the case were presented. Culture goods illicitly exported from territory of the state of origin very often are included to the commercial circulation so they need to be detected end excluded from it. An act of restitution can be initiated not only by harmed state but also by another state, for example the state on which temtory the culture good was found. Another crucial aspects of it are assessment of bona fides the purchaser of reclaimed work of art which can even affect his successors ownership, and assignation in international regulations restitution prescription terms as well as possibilities of their extension as a results of agreements between states. The instrument of restitution has significant influence on trade of art especially in terms of making it more secure. The article presents international regulation which are in force, legislative drafts of UNESCO, EU and home legislative bodies prepared and in preparation since 17 November 1970, when the Convention on the Means of Prohibiting the Illicit Import, Export, and Transfer of Ownership of Cultural Property was signed in Paris. They are presented in three parts. First part refers regulations included in international conventions presently in force and legislative designs connected with them. Second part relates to regulations which are in force on the territory of European Union connected mostly to art. 36 Treaty of Rome. The last part presents regulations and legislative drafts concerning culture property protection system with the focus on instrument of restitution in Republic of Poland.Item Kontrola sądowa we Wspólnotach Europejskich(Wydział Prawa i Administracji UAM, 1996) Planavová-Latanowicz, JanaThe scope of legal control in EC countries has changed. Reorganization of competence and style of EC legal organs have resulted in, among others, increase in the effectiveness of their work. Gradual organizational changes have led to the establishment of a new legal control institution - the First Instance Tribunal, and though the EU Treaty, Art. 4, only mentions the Justice Tribunal among the main institutions of thé Community, the organization of the EC judicial system is twofold. Enlarging the competence of the judicial organs is one way due to the EC Treaty (competence of the Justice Tribunal's judging fiscal fees on countries at odds with the Tribunal's sentences) itself, and on the other to the jurisdiction.Item Korupcja jako problem teoretyczny i społeczno-ekonomiczny(Wydział Prawa i Administracji UAM, 1996) Nowakowski, KrzysztofCorruption is a universal, multifaceted and multifarious phenomenon that has numerous factors to its name. Effects of corruption, even if at a similar level in particular countries, differ as well. The causes, however, are always the same: the existence of rare goods - including quasi-public ones - distributed outside the market, and people responsible for the distribution. Corruption can be analyzed as an economic phenomenon (within the context of the economic theory of human behaviour, theory of games, institutionalism, theory of property rights and transaction costs) of the supply-demand-, costs- and property relations. As a sociological phenomenon it provides a context for exchange processes (naturalization, familiarization of social relations within a noninstitutionalized system of interest expression and vis-a-vis social anomy). As a psychologic-cultural phenomenon, corruption creates a specific atmosphere of establishing contacts, it confers peculiar features and defines the effects of such phenomena in the system. With the additional element of the gift institution, corruption within Polish medical care is yet another issue. In Poland corruption can be analyzed in subject-relational and object aspects (eg penetration of goods such as concessions, information, custom duties, reductions, certificates, norms). The said analyses allow to formulate the chief thesis of the paper, namely, that corruption has a positive impact (eg as an element of competitiveness, pluralization, acceleration of deal making, limiting the distance). However, the negative impact prevails: in this paper defined as a loss of economical and social alternative inherent in economic growth, pathology of institutions, then human attitudes towards the economy and the state which are pertinent to the development of the market and the civic society. Yet, this is a process - though long - one can fight, even if it involves a number of tools, starting with those of legal and economic nature.Item Pojęcie i znaczenie telepracy jako nowoczesnej formy zatrudnienia (aspekty prawnospołeczne)(Wydział Prawa i Administracji UAM, 1996) Chobot, AndrzejFollowing the progress in information theory and telecommunication, telework appeared as a work organization system at the end of the 60s. It allows people to work at a distance from the employer. It adds to productivity and effectiveness of enterprises, helps relocation of jobs in economically backward regions and positively assists employment (it helps part time job, job-sharing, work-sharing, office-sharing, job splitting). However, the introduction of telework on a wider scale may lead to disintegration of the collective forms of workers' organizations, which in due course may cause atomization of labour and exclusion of a part of the population from the organized social dialogue. The author analyses the definitions and particular types of telework, including home based telework, the legal status of home based workers, and their elementary employment rights.Item Przeciw karze dożywotniego pozbawienia wolności w polskim prawie karnym(Wydział Prawa i Administracji UAM, 1996) Zawłocki, RobertIn his critical approach to life sentence the author states that it does not correspond to the Modern times and the demands that are required from a modern criminal sentence. He thinks that a 25-year sentence has none of the main faults that a life sentence does, and has some of its solitary merits (first of all, isolationalism). A life sentence, as an exceptional one, needs, however: a) establishing special penal institutions with medical and psychological care, b) introduction of the judiciary's ability to decide on the soundness and shortening of the sentence, its recess or bail, and in the case of acquitall after serving the whole sentence, placing the person in a preventative institution (eg in specialized educational and medical institutions at various stages of isolation).Item Teoria wolnodostępnej własności(Wydział Prawa i Administracji UAM, 1996) Tittenbrun, JacekThe property rights school advances as an argument the pros and cons of various forms of ownership the thepry of open accès property. According to the theory, a great disadvantage of common property is that it encourages its owners to exercise their ownership rights in ways that ignore the effects of their actions on others. However, its argument that a resource will be used inefficiently if acces is free is deficient since it fails to identify the real underlying cause of the "common pool" problem, which is not the form of ownership but the indivisibility of the saurce of supply On the other hand, the argument fails to distinguish between situations in which a resource is used for personal purposes only and those in which it is used for the purposes of obtaining income. It is only when the resource is udes for producing goods from which profit can be extracted that there exists an incentive to over-exploit the resource. From the theoretical point of view, the property rights theory errs in viewing exclusivity as the necessary feature of private ownership. For the private ownership to exist, it is sufficient that benefits are privately appropriated. It follows that the theory of free access property really applies competitive, individual, private ownership.Item Podstawowe typy mezoekonomicznej polityki gospodarczej(Wydział Prawa i Administracji UAM, 1996) Gorynia, MarianThe author discusses the levels of economic hierarchy systems, the problems of competition, the theory of branch structure and the strategy of its development. So far, the private sector has not socially functioned as well as it should. This is the basis for the state starting various activities, such as the control of profit margin, classified outlay costs, increase of prices and changes in the structures of branches.Item Wybrane cechy popytu małego i średniego przedsiębiorstwa prywatnego na kredyt bankowy(Wydział Prawa i Administracji UAM, 1996) Łuczka, TeresaPolish literature of the subject so far lacks an overall analysis of the demand for bank credit for small and medium size private enterprise. Knowledge of these features of demand is of major importance, both in terms of the functioning of small bank credit and of the borrowers, as well as for the state's economic policy towards small or medium size enterprises. The paper analyzes some of such enterprises' basic features of demand for credit, confronting the supply side of the credit market. Considerable differences in mutual adjustment between demand and supply features of small bank credit observed lead to the conclusion that the self-regulating mechanism of the bank credit market is not effective enough and needs necessary corrections by the state's economic policy. The policy should aim at enlarging the access of small and medium size private enterprise to foreign capital as the source of financing.Item Przegląd piśmiennictwa RPEiS 58(2), 1996(Wydział Prawa i Administracji UAM, 1996)Item Sprawozdania i informacje RPEiS 58(2), 1996(Wydział Prawa i Administracji UAM, 1996)Item Nekrologi RPEiS 58(2), 1996(Wydział Prawa i Administracji UAM, 1996)