Ruch Prawniczy, Ekonomiczny i Socjologiczny, 1986, nr 1
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- ItemSpis treści RPEiS 48(1), 1986(Wydział Prawa i Administracji UAM, 1986)
- ItemWzajemny stosunek i związki pomiędzy prawem międzynarodowym i prawem krajowym(Wydział Prawa i Administracji UAM, 1986) Skubiszewski, KrzysztofThese relationships concern primarily the binding force and application of international law in the State, including the respect for that law by State organs and individuals. Municipal law can also have a place in the international legal order, and international organs occasionally apply that law. While the latter problem is more restricted in its weight and dimensions, the impact of one law on another and their interactions are considerable. Parliamentary democracy and its workings have brought the domestic implementation of international law to a head, especially in view of the possibility of legislating internally through the medium of treaties. Penetration of the internal legal order by international law meets with various obstacles: gaps in the regulation of the procedural aspect by municipal law; inertia of the domestic organs; supremacy of municipal laws (statutes) for State courts; ignorance of international law; difficulties in identifying the relevant rule of that law. The choice of method to be adopted to implement international law inside a State is left to that State's legal order and practice. There is a variety of procedures. Some consist of the reception by the domestic law of various rules of international law whereby the latter are made part and parcel of the body of municipal Jaw. One such method is transformation of an international legal rule into a municipal one; transformation can be either particular or general. Other procedures result in the direct applicability of the international legal rule in the domestic system: the rule operates as an international on in the internal legal system. In case, of conflict between an international rule and a municipal rule primacy of the former is absolute on the international legal plane. On the other hand, in the domestic sphere various solutions have been adopted, and it is not unfrequent that in practice the municipal law will prevail. This undesirable effect of a certain autonomy of municipal law does not free the State from international responsibility for violation of its international obligations.
- ItemOrganizacja i funkcjonowanie Trybunału Konstytucyjnego(Wydział Prawa i Administracji UAM, 1986) Siemieński, FeliksThe subject matter of the article is the regulation of the Constitution of Polish People's Republic, the Constitutional Tribunal Act (CT) of 29 Apr. 1985 and the resolution of the Polish Seym of 31 Jul. 1985 on the specific proceedings before the CT, concerning several problems marked in the title. The author advocates his opinion in the following questions: 1. Relation of the quoted resolution to the CT Act. The author maintains that the regulation of the resolution should be contained in the Act. 2. Membership and the mode of constituting the CT, conditions to be fulfilled by the candidates to become appointed members, possibilities of revokinf the CT judges. 3. Questions of independence of the judges, their subordination and the judicial immunity, the author advocates here that contrary to the explicit Constitutional regulation, the CT judges are subordinated not only to the Constitution but also to parliamentary statutes and resolutions. 4. The range of subjects entitled to apply to the CT to decide on the legality of regulation, and the formal requirements concerning the said applications; the author advocates that citizens are not ellegible to apply directly to the CT but they can influence the activity of the state organs and social organizations. 5. The range of subjects entitled to address legal queries to the CT, the mode of proceedings, deciding and effects of the CT decisions in that scope. 6. Next, trails before the CT, benches, final character of the CT decisions, possibility of trials de novo in cases decided by the CT in the full composition of its bench, character of the general meeting of the CT judges. 7. The final part dwells on the CT decisions, their formal requirements, legal effects of the decisions and the mode of their execution.
- ItemUwagi o przedmiotowym zakresie jurysdykcji Naczelnego Sądu Administracyjnego. Propozycje de lege ferenda(Wydział Prawa i Administracji UAM, 1986) Nowakowski, AndrzejEstablishing in Poland the judicial review of individual administrative acts byconstituting the Supreme Administrative Court, through amending the Code of Administrative Cour, through amending the Code of Administrative proceedings on 31 Jan. 1980 became a breakthrough in the actions aiming at strengthening the rule of law. The subject matter concerning the extension of the SAC jurisdiction became a part of social agreements concluded at the break of the years 1980/81 by the representatives of state authorities and social groups. According to the legal position as of 15 Apr. 1985 there are 20 types of administrative decisions falling within the scope of the SAC jurisdiction, mentioned specifically in the art. 196 § 2 sub sec. 1-20 c.a.p. and 7 types of the decisions contained in the specific statutes within the meaning of art. 196 § 3 c.a.p. It can be justifiably advocated to replace the affirmative enumeration of art. 196 § 2 c.a.p. by the general clause, the way it was done in other states including the socialist ones. The clause would point at the presumption of the SAC competence. Regulation of a right of citizen to lodge a complaint in the SAC for the illegal decisions of administrative organs should find its place in the Polish constitution along the regulation of the legal status of SAC.
- ItemZałożenia europejskiego systemu walutowego(Wydział Prawa i Administracji UAM, ) Komar, AndrzejThe article is devoted to the European monetary system instituted in Dec. 1978. It became a result of the long lasting search for stabilizing currency relations between member states of the European Community. Therefore, also the said search is discussed in consideration of the Treaty of Rome provisions of 1957. Particular emphasis wa slaid on theses of the Werner report on the economic-monetary union and of the Tindemans report on the European union. Much attention was focused on the so-called „currency serpent" which was mentioned in the both reports as a prerequisite to achieve the monetary stability. The initiative of Valéry Giscard d'Estaing and of Helmut Schmidt to constitute the European monetary system was indicated. The system was established by the decission of the European Council of Dec. 1978. The article discusses functions of the European monetary system and its specific parts. The evolution of clearing unit effected in the ECU (European Currency Unit) is presented. The way of calculating ECU, scope of its application is explained together with postulates to modify it and transform into a European currency. There are three types of crediting member states related to the monetary system as well as the system of currency intervention what can prove the range of monetary cooperation among the central banks of the Communities' member states. In the concluding remarks there are several postulates expressed as to improvements in functioning the European monetary system as well as reservations to the possibility of their realization.