Studia Prawa Publicznego, 2015, Nr 1 (9)

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    O nowej jakości w kształceniu prawników
    (Wydawnictwo Naukowe UAM, 2015) Mysiak, Piotr
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    Legal education in Austria
    (Wydawnictwo Naukowe UAM, 2015) Stolz, Armin; Wieser, Bernd
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    Educating lawyers in Spain
    (Wydawnictwo Naukowe UAM, 2015) Del Llano, Cristina Hermida
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    Partnerstwo publiczno-prywatne jako innowacyjna forma rozwoju szkół wyższych
    (Wydawnictwo Naukowe UAM, 2015) Kotowska-Lewińska, Monika
    The purpose of this paper is to present a public-private partnership (PPP) as an effective and efficient public infrastructure investment model which can be successfully used by Polish universities. According to the observed world tendencies, a PPP is a solution which has recently grown in popularity among public sector institutions. An interest in this form of investment is, among other things, a consequence of the public finance crisis and a large national debt. It is also a result of the increasing needs of the society and citizens becoming increasingly conscious of their needs. Thus it has become crucial to find new sources capable of ensuring better financing better and a better quality of public infrastructure. The PPP model is also popular in the higher education system, especially in Western Europe, where it has been frequently used for realizing major infrastructural investments, being an example of how limited public funding for realization of educational and research projects may come in close cooperation with representatives of different sectors of industry. In the presented article, based on the concept of the public-private artnership, its origins and foreign experience in this form of investment, the chances and challenges elated with use of this model are being analyzed, with special focus on Poland and a possible use of the model by Polish universities. The Polish experience with this form of investments has also been presented. In the last part of the article, hybrid PPP projects are being discussed, both those financed from private funds as well as those included in the Financial Perspective 2014–2020, preferred y the European Commission, the financing of which will be secured by multimillion resources from the EU structural funds budget. It is also recommended that Polish universities should apply for those funds, but in line with the very concept of the PPP model, as a partner of private enterprises.
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    Analiza wybranych uprawnień Europejskiego Urzędu Nadzoru Ubezpieczeń i Pracowniczych Programów Emerytalnych oraz ich wpływu na kompetencje Komisji Nadzoru Finansowego
    (Wydawnictwo Naukowe UAM, 2015) Komarnicki, Grzegorz
    This article presents an analysis of selected competencies of the European Insurance and Occupational Pensions Authority (EIOPA), namely the power to resolve disputes between national supervisory authorities i n the framework of a binding mediation and to issue non-binding guidelines, and the impact which exercising those powers by the EIOPA has on the competences of the Polish Financial Supervision Authority (KNF), a public authority responsible for the supervision of the Polish fi nancial market.In the fi rst part of the article the powers of the EIOPA to resolve disputes in a binding mediation process are described, and the limited possibilities that the EIOPA has to initiate this procedure are emphasized, since as a consequence of that the current mediation procedure encourages national supervisory authorities to resolve their disputes themselves. Next the principles of taking decisions by the EIOPA Board of Supervisors in the mediation process are described and attention is drawn to the discriminatory nature of those rules where the dispute relates to decisions of the group supervisor. The article also highlights potential consequences of decisions taken by the EIOPA within the binding mediation and their impact on administrative decisions taken by national supervisory authorities.The second part of the article provides an analysis of EIOPA’s powers to issue guidelines. The non-binding nature of the guidelines, which are described as soft law, has been reviewed. It is pointed that the European Union law provides for certain mechanisms which enable the EIOPA to enforce implementation of the guidelines by national competent authorities. As a next step, EIOPA guidelines on preparing for the implementation of Solvency II and the powers of the KNF to apply those guidelines have been reviewed. In addition to that, justifi cation for vesting the KNF with the power to issue recommendations or guidelines addressed to insurance and reinsurance undertakings, in the context of analogous competences possessed by the EIOPA have been discussed.
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    Definiowanie pojęć w miejscowych planach zagospodarowania przestrzennego
    (Wydawnictwo Naukowe UAM, 2015) Pawłowski, Sławomir
    The subject of this paper is local spatial development plans, and in particular, the glossaries that accompany those plans. The glossaries contain definitions which, when expanded to cover wider scopes, constitute an essential element of the legislative activity of a local authority, as they consequently directly influence the surounding spatial order. Many of the defined concepts that have been subject to our analysis are very interesting, but the one which has inspired the research the results of which are presented in this paper is a term ”architectonical dominant”. Already the fact that its meaning must be arbitrarily interpreted due to the fact that the words used to create it are themselves under-defined, means that in consequence every attempt to give the term a concrete meaning (concept) may bring about different results. And yet, clearly, a possibility to introduce certain definitions means that spatial planning authorities have been granted such discretionary powers to do so. First, the significance and the idea of local spatial plans and the scope of independence of local authorities in the shaping of those plans are discussed. Next, the general principles of defining concepts contained in local spatial development plans are presented, followed by an analysis of the relationship between statutory efinitions used in legislative acts and those contained in respective local spatial development plans. Apart from the definitions contained in the latter, which refer to statutory acts, also those of a stricte law-making character are analysed as the most interesting. The conclusion of the deliberations is a recommendation that definitions in local spatial development plans should neither be arbitrarily introduced, nor should unnecessarily modify the generally binding provisions of applicable laws. The practice of using different terms to denote the same concept, common among local law-making bodies, is also criticised, especially since these other terms frequently lack clear definitions.
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    Zakres sądowej kontroli decyzji podjętych w indywidualnych sprawach studentów i doktorantów
    (Wydawnictwo Naukowe UAM, 2015) Daniel, Paweł
    Under Art. 207 para. 1 of the Law on Higher Education, the decisions taken in individual cases concerning students and doctoral students fall under the provisions of the Act of 14 June 1960: “The Code of Administrative Procedure and the provisions of the making a complaint to the administrative court”. An analysis of the judgments of administrative courts shows that the judicial review of decisions concerning the above matters remains an open question. Hence the purpose of this study was to determine which cases relating to students and doctoral students are subject to judicial review. The depth, or detail, of the jurisdiction of administrative courts in those cases has also been examined. The undertaken considerations led to the conclusion that the scope of a judicial review of decisions taken in individual cases concerning students and doctoral students is patchy. The case law of administrative courts shows that exposure to the jurisdiction of the court is not limited to the sphere of relations in which the taken decision has legal effects; it must be determined whether a particular decision is taken on the basis of the provisions of the Act. In the context of a judicial review, the court is entitled to review the legality of general internal acts as long as they are the basis of the settlement in an individual case. At the same time, however, the court cannot control the acts of individual internal acts, even if they often constitute the basis for issuing a decision. In other words, an administrative court is not entitled to control the decisions taken on the basis of internal company acts which do not have any effect on the external environment and do not have a direct impact on the legal relation between a student and a university. A complaint on the inactivity of an administrative body of an establishment of higher education will be acceptable as long as such body has remained idle and fails to deliver an act or take an action pursuant to the existing legislation.
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    O reformach studiów prawniczych i nauczaniu prawa w Polsce w latach 1918–2015
    (Wydawnictwo Naukowe UAM, 2015) Wojtczak, Krystyna
    Starting from the Second Republic of Poland until recent times, the basic trend of all discussions regarding the framework of educating lawyers has been directed to answering the questions: (i) whether legal studies are to educate for the need of science, research and didactics or practice, or (ii) whether perhaps they should offer education, which would reconcile both of these qualities. A positive response to each of these questions corresponds to a balance among the adopted curriculum subjects: theoretical and historical as well as dogmatic. In the period under review, either of the two solutions was legally acceptable. The model in force in the Second Republic strongly promoted educating the university lawyer, that is one whose knowledge was built on reconciling the theoretical and historical subjects with law dogmatics. The period of Polish People’s Republic and later years decisively deviated from this pattern, and the proposed law teaching models were changing. The changes went from solutions which placed emphasis on preparing law students to practise the legal profession, then in the mid-sixties, briefly, this trend was reversed in favour of legal studies preparing for professions, which required mastery of a specific area of scientific knowledge for scholarly work, research and didactics, finally in the following years to more strongly emphasise a return to the model of education of lawyers practitioners. It was only in the early nineteen eighties that a broader framework of law universities autonomy was created, and then preserved in the early years of the Third Polish Republic. The choice of educational model for lawyers took on a new meaning in the optics of adoption by Poland in 1999 of the principles of the Bologna Declaration. In 2007, through the implementation of educational standards, law studies were brought closer to the model of university studies. This approach was abandoned in 2011 by adopting profiles for legal studies education (general academic know- ledge – practical), defined only in 2014, while not giving each school or college the freedom to choose the model (profile) of teaching law.
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    Multicentryczność systemu standardów etycznych administracji publicznej
    (Wydawnictwo Naukowe UAM, 2015) Barankiewicz, Tomasz
    In the last few decades throughout the world, and since 1989 in Poland, we have observed a growing role of ethics in public administration. The emergence of a postindustrial society, the processes of globalization and the convergence of administrative cultures have created a new perspective on the tasks of administration in accomplishing the needs of the society. In the new social environment there have appeared new categories of thinking about administration such as openness, transparency, social responsibility and citizen participation in executing powers. In this paper, a concept of an expanded or multi-central system of ethical standards in public administration has been formulated against these complex causes.The refl ections are focused on the theoretical as well as the normative level. In the case of the former it is argued that the complex system of standards can be explained on the basis of a cultural analysis, for example, the intellectual heritage of the western thought. This argument is based on the fact that, on the one hand, law as a certain system of norms is founded on the principle of non-contradiction, while on the other hand, the constituted law cannot be isolated from other regulators of social life. In accord with the applied social and cultural argument, the principle of non-contradiction refers to the whole axiological and normative system of a given culture. The cultural approach applied here points to both the diversity as well as the unity of cultural patterns and rules in social life.On the normative level, and in accord with the accepted theoretical assumptions, the multi-central system of the source of ethical standards of public administration is identifi ed as one that is based on the following sources: 1. legal regulations (acts or statutes), 2. soft law and codes of ethics, 3. standards of the organizational culture and mission of administration, 4. orders or recommendations of a superior, 5. social norms of morality, and 6. general human morality. In practice, due to the complexity and diversity of the system,