Środkowoeuropejskie Studia Polityczne, 2008, nr 2
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Item Chosen Aspects of the Implementation of International Humanitarian Law in Poland(Wydawnictwo Naukowe WNPiD UAM w Poznaniu, 2008) Menkes, MarcinAnalizując udział Polski w realizacji międzynarodowych norm ochrony i prewencji w sytuacji konfliktu zbrojnego zauważyć można pewne ogólne trendy. Będąc członkiem społeczności międzynarodowej, Polska brała wraz z innymi państwami zachodnimi udział w procesie rozwoju międzynarodowego prawa humanitarnego od odzyskania niepodległości po pierwszej wojnie światowej. Na proces ten ogromny wpływ wywierał jednak ZSSR. Znacząca stagnacja trwała aż do końca lat siedemdziesiątych, ponieważ wszyscy członkowie bloku niechętnie podejmowali jakiekolwiek zobowiązania międzynarodowe, zwłaszcza w sferze militarnej. Jedną z licznych oznak tego stosunku niech będzie polityczna decyzja o nieumieszczeniu w polskim kodeksie karnym zbrodni wojennych jako odrębnego przestępstwa. Polityczny przełom w latach dziewięćdziesiątych oznaczał także odrodzenie międzynarodowego prawa humanitarnego w Polsce. Wprawdzie wiele już osiągnięto, jednak wiele jeszcze zostało do zrobienia, żeby wspomnieć chociażby ratyfikację Traktatu Ottawskiego z 1997 r., odłożoną do 2015 r.Item Józef Retinger – polski orędownik zjednoczenia Europy(Wydawnictwo Naukowe WNPiD UAM w Poznaniu, 2008) Barabasz, AdamJózef Retinger was a great advocate of the continent’s unity. He had all the skills that are necessary in diplomacy: he spoke foreign languages and knew the customs of foreign countries; therefore he could always behave appropriately. He traveled extensively and thus he established numerous foreign contacts. He lacked only one feature: he could not speak in public and his sparkling personality did not come across during such performances. He was considered to be of gray eminence, a person who did not seek accolades. He would remain in the shadow of great personalities, but not of great events as he was more than their participant – he co-created them. He could always infect great personalities with an idea which would present in a dazzling way. Although he remained in exile until his death he was never indifferent to the fate of Poles under the yoke of Soviet communism.Item Analiza porównawcza służby cywilnej w Polsce i w instytucjach Unii Europejskiej (stan prawny – grudzień 2008 rok)(Wydawnictwo Naukowe WNPiD UAM w Poznaniu, 2008) Jurga-Wosik, EwaThe civil services in Poland and EU institutions undergo similar processes. France (at the time of the 3 rd Republic) was the cradle of civil service, therefore the administrative systems of Western Europe (and others) have sought examples there. The Polish model of civil service can be described as a mixed one, with the prevalence of regulations typical of a career model. In the career model the state is the master that employs a servant. Similar solutions are applied in France, Germany and Austria. They have been modified for the purpose of the specific functions which the civil service performs in EU institutions (a so-called closed career model). In the position system, particular authority is granted the civil servant’s employer rather than the state as a whole. A civil servant is employed in a particular position rather then in the civil service ‘in general’. The stability of employment and guarantee of remuneration are lower. The UK, Nordic countries and Italy apply solutions that are similar to this model.Item Wpływ rozszerzenia wschodniego na rynek pracy w UE(Wydawnictwo Naukowe WNPiD UAM w Poznaniu, 2008) Kacperska, MagdalenaThe EU enlargement involving the Central and Eastern Europe states set a prece- dent, as never before in the history of European integration were so many states admitted. On May 1, 2004 the European Fifteen was joined by ten new states thus forming a group of 25 states. The objective of this paper is to present the desirable direction for Polish macroeconomic policy on the basis of the experience provided by integrationist processes, with particular emphasis on the experience of Ireland, Greece, Portugal and Spain. The main task of both the ‘old’ and the ‘new’ Union is to take advantage of the opportunities that result from this enlargement. Joint activities and policies should aim at the achievement of the EU strategic aim, established in Lisbon, i.e. at taking advantage of the technological change to achieve the maximum competitiveness and rapid growth pace of the EU economy so that appropriate conditions are created to provide full employment and increase the extent of regional cohesion in the EU.Item Idea Wspólnego Europejskiego Domu a egoizmy narodowe i regionalne: przykład Hiszpanii(Wydawnictwo Naukowe WNPiD UAM w Poznaniu, 2008) Jaroszyk, JoannaThe term ‘Common European Home’ was coined in 1987 by Mikhail Gorbachev to describe the future policy of the Soviet Union towards Eastern Europe. At present this notion has lost its disquieting tone, which was related to the statement made by the So- viet Political Bureau: ‘a stifling embrace, a suffocating hug’. Nowadays, this idea cov- ers various models of European integration, and is expressed in both the hopes and concerns of the states that participate in this process. The economic and political inte- gration of European states has been a continuous and dynamic process. The question of its further direction has become particularly important after the French said ‘ non’ to the European Constitution. This has refueled disputes over existing integration models, which are focused around the opposing concepts of a Federal Europe and a Europe of Homelands as a confederation. It is of significant importance since the process of Europeization has been parallel to the process of regionalization inside the national European states. Regionalization mainly followed from the demands of autonomists, but sometimes was initiated by central governments as part of the process of decentralization. At present, European regions have increased their economic significance and have won more rights and authority inside their states. Consequently, they have aspired to become independent forces for globalization and Europeization. This process can be exemplified by Spain. After forty years of Franco’s dictatorship, where any form of regional autonomy whatsoever was rejected, in 1975 a slow democratization process began.Item Polska opinia publiczna wobec działań PKW w Afganistanie i Iraku(Wydawnictwo Naukowe WNPiD UAM w Poznaniu, 2008) Lorenc, MagdalenaThe attitude of public opinion in Poland towards the activity of the Polish Military Contingent (PMC) in Afghanistan and Iraq was initially (in 2001-2002) quite enthusi- astic. This was the consequence of solidarity with the United States after the terrorist attacks on the WTC and the Pentagon. However, even then the majority of respondents were skeptical about the Polish Army’s involvement in the ‘war on terror’. As time passed by a majority of Polish society no longer believed that Poland would obtain any political or financial benefits. The conviction that the losses had prevailed over the benefits emerged at the end of 2003 and it remained until the PMC deployment in Iraq ended. The benefits were only perceived in terms of the global image of Poland.Item Cenzura wojskowa w Izraelu(Wydawnictwo Naukowe WNPiD UAM w Poznaniu, 2008) Pełeszuk, AgataThe main source of legal restrictions of the press is provided by Art. 19 and Art. 20 of the press law. The former stipulates the right of the minister of internal affairs to warn the owner of the periodical, or the editor about a defined piece of press material which – in the minister’s opinion – can be dangerous for the public, or which contains false nformation or gossip that may provoke alarm or panic. By virtue of Art. 19 item 1, the minister is entitled to consider whether to issue an order to close the periodical if it proceeds with the publication of the incriminated material. Before the minister resorts to such restrictive measures, he or she can, but does not need to, warn the owner, the editor, or both of them. In Art. 19, item 2 the lawmaker defines further steps to be taken by the minister of internal affairs. The publication that – in the opinion of the head of the defense department – should not be released can be removed from the pages of the periodical for an appropriate period; its duration is to be determined by the minister as well. Israeli democracy faces a two-fold challenge with respect to military censorship. Firstly, the challenge of retaining and developing the spirit of liberalism, which is reflected by freedom of speech, freedom of the press, and the right of citizens to be informed. Secondly, this challenge involves suppressing an authoritarian spirit, which frequently emerges to enable the efficient protection of national security.Item Zawód korespondenta – misja czy powołanie?(Wydawnictwo Naukowe WNPiD UAM w Poznaniu, 2018) Działak-Jankowska, JulitaA reporter should look and behave in an ordinary, average way, and should not stand out from the crowd. Then it is easier for him or her to blend in, to not draw attention to themselves, to not stand out or attract anybody’s attention with his or her looks and behavior. One talks to a journalist in a different way than to somebody one has met by chance. Therefore, a reporter should be anonymous and unknown. He or she should be like anyone from the crowd. If reporters lose their anonymity, they also lose an opportunity to write a good reportage. Ryszard Kapuœciñski observed that the profession of a reporter is about overcoming your own feeling of being different – about living in an African or Chinese village, or some place in Latin America, among the Indians in the Andes. A good correspondent needs to identify himself or herself with these people, their way of living, their poverty and difficulties. It is a condition of any work to overcome ‘the Other’ in oneself.Item Karta Polaka – narzędzie politycznego wpływu czy tarcza w ręku Polonii?(Wydawnictwo Naukowe WNPiD UAM w Poznaniu, 2008) Kakareko, KseniaThe law on the Polish Charter is an element of a certain process, noticeable in Central and Eastern Europe, the purpose of which is to reinforce and retain contacts of respective states with immigrants, that is the members of the nation that predominates in each state who live abroad. The regulations which the Polish side has introduced in order to simplify border crossing for individuals of Polish origin by introducing special visas and the Polish Charter have stirred a profound political and social discussion in Belarus. Belarussian society does not have its own national identity, and is not sufficiently developed. The western part of Belarus is a multicultural region. This allows the dwellers of this region to declare themselves to be of practically any nationality as need arises. It may be concluded then that the Polish Charters, issued by Polish diplo- matic posts, do not reflect the number of the actual members of the Polish minority. The applications for a Polish Charter are frequently triggered by economic aspects and the assessment that it pays to be a Pole.Item Przeszczep mózgu — dylematy prawne, społeczne i deontologiczne(Wydawnictwo Naukowe WNPiD UAM w Poznaniu, 2008) Skrzypczak, JędrzejThe objective of the paper concerns the legal, social and ethical consequences of the technological progress in medicine which we are (or soon will be) witnessing, even if at present they appear to be quite futuristic. In order to demonstrate the essence of the problem the author focuses on a single aspect of this medical and technical ‘revolution’, i.e. the possibility of brain transplantation that will soon be feasible. It should be mentioned right at the beginning that other aspects of medical progress, such as assisted procreation, cloning, genetic engineering and the application of some psychotropic drugs are just as controversial from the deontological or legal point of view. It needs to be admitted that apart from affecting individual lives, medical revolution may also have political results, involving for example the possibility of the intentional change of human nature.Item „Narrowcasting” w miejscach użyteczności publicznej(Wydawnictwo Naukowe WNPiD UAM w Poznaniu, 2008) Piesiewicz, PiotrThe present forms of communication, whether via picture or sound, assume various forms. Every new form of such communication poses a new challenge, not only for technicians and computer scientists, who analyze issues regarding the direct servicing of such messages on a continuous basis, but also for lawyers. Narrowcastingis among the new forms of transmitting audiovisual messages. This phenomenon was mentioned in the doctrine of J. Barta and R. Markiewicz. T. Goban-Klas and P. Sienkiewicz were right when they observed that the new ways of delivering information take the form of a socalled narrowcasting, i.e. communication which is only targeted at selected recipients and involves segmentation of the audience. The authors stressed the difference which occurs between a speech delivered to numerous listeners and impersonal mass communication (the difference is erased by applying the single notion of allocution). The new medium has provided an opportunity to overcome the quasi-monopoly of the mass media in the field of indirect social communication. On the other hand, the higher level of addressability of the new media (i.e.narrowcastingas opposed to broadcasting, or collectiveness as opposed to dispersion) poses new dilemmas for the communicators.Item Czy godność człowieka jest zasadą prawną?(Wydawnictwo Naukowe WNPiD UAM w Poznaniu, 2008) Sobczak, WitoldHuman dignity is at the same time a theological, philosophical and legal category. Subject literature emphasizes that the researchers into the issue of dignity derive it from religion or natural law. The notion of ‘human dignity’ has recently become exceptionally important in the considerations of lawyers, particularly of those involved in European law, mainly the Community (Union) law, as well as in theological and philosophical circles. There are two reasons for that. On the one hand, it seems to be a consequence of the attention paid to ‘human dignity’ in the Charter of Fundamental Rights of the European Union , where it is perceived as both a fundamental right and the source of all human rights. Secondly, the social teachings of the Catholic Church have started making reference to this notion.Item Meandry prawne autoryzacji(Wydawnictwo Naukowe WNPiD UAM w Poznaniu, 2008) Sobczak, JacekPress law protects the informers of journalists and the persons who collaborate with them and give interviews. This protection not only prohibits the disclosure of details which could help identify the informers, but also imposes other requirements on the journalists with respect to all these people who have decided to speak to them or be interviewed. Particular requirements apply to the issue of authorization. The fundamental function of authorization is to protect the contents of a statement which is treated as an unprotected good by the regulations of copyright law or the civil code with respect to personal interests. At present, authorization is the only legal instrument enabling the author of a statement for publication to ensure its integrity and true meaning. The abandonment of authorization in the system of legal institutions would deprive the persons providing information of protection of their personal interest, i.e. the right to free speech.Item Kryzys liberalnej demokracji w Polsce na tle innych państw członkowskich UE(Wydawnictwo Naukowe WNPiD UAM w Poznaniu, 2008) Ossowski, SzymonThe issue of the condition of Polish democracy and Polish (democratic) society has certainly been among the most significant subjects of analyses of political science and sociology over recent years. Such considerations have emerged both in academic studies and journalistic publications. It is unfortunate that a majority of the authors refer to the general and imprecise notion of ‘democracy’, and they intentionally or uninten- tionally ignore the need for its clarification. This clarification involves the addition of the adjective ‘liberal’, which may appear trivial, yet it carries a profound and highly important meaning. The contemporary model of democracy, frequently referred to as ‘Western democracy’, concerns liberal democracy in contrast to the Antique, socialist, controlled democracy (the term applied to the political system of Russia, among others), or the authentic democracy mentioned in numerous texts that discuss the standpoint of the Catholic Church. The greatest actual threat to the liberal-and-democratic political system in general, and particularly in Poland, does not appear to be posed by ‘classical’ authoritarianism, but rather by the non-liberal version of democracy. Jacek ̄akowski emphasizes that the latter is in principle different to ‘the system Poland built after 1989 and what the democratic West used to term as democracy for the previous fifty years’.Item Afganistan a radykalizm islamski w Azji Centralnej(Wydawnictwo Naukowe WNPiD UAM w Poznaniu, 2008) Grochmalski, PiotrFor a decade all the leaders of Central Asia have agreed that the situation in Afghanistan poses a threat. It was believed to be the most significant factor of the destabilization in the region. A majority of analysts who deal with this territory agree that the Afghan war has been crucial to the revival of Islam. The states of Central Asia have recently radically changed their standpoint as a result of Islamic radicalism and the situation in Afghanistan. After September 11, 2001 the Americans have intensified their activity in this region as they have created a logistical backup for their war against the Taliban there.Item Prawo i wolność. Studium filozofii politycznej Borysa Wyszesławcewa(Wydawnictwo Naukowe WNPiD UAM w Poznaniu, 2008) Paradowski, RyszardAccording to Wyszesławcew, the starting point of any moral reflection that would be deserving of the name is the statement that is a philosophical transposition of the Apostle’s words: evil emerges into the world accompanying law. The words should be understood quite literally – it is not that with law we develop the awareness of evil that we have already unconsciously committed. The point is that once established, the law prompts us to evil. Wyszes³awcew’s notion of law is very broad; he understands law as any ethical, customary, religious or legal norm, especially when it assumes the form of prohibition. Therefore, both the order of Moses and the ethics of the Stoics, Roman law and Kant’s categorical imperative are ominous, demoralizing laws.Item Polska polityka azylowa. Ujęcie prawno-instytucjonalne(Wydawnictwo Naukowe WNPiD UAM w Poznaniu, 2008) Potyrała, AnnaPolish refugee policy dates back to September 26, 1991 when the Republic of Poland ratified the Geneva Convention relating to the Status of Refugees of 1951 and the New York Additional Protocol of 1967. The adoption of provisions of both these international documents obliged Poland to amend the Law on Foreigners of March 29, 1963. The changes introduced in 1991 have not concluded the matter. Membership of the European Union resulted in the adaptation of Polish legislation to the requirements of the Common European Asylum System. Consequently, persons seeking asylum in Poland can be granted protection in the form of refugee status, temporary protection, asylum (defined as territorial asylum), subsidiary protection and tolerated residence. The dynamics of the European asylum law results from diversified migration situations in the member states, as well as from the necessity to guarantee the security of the EU and to work out a unified approach to asylum problems. All this requires further legal and institutional changes.Item Rozumienie Rosji jako zadanie dla teorii polityki(Wydawnictwo Naukowe WNPiD UAM w Poznaniu, 2008) BÄCKER, RomanIt is frequently beyond many researchers’ abilities to understand Russia, whether as a whole or only a part. This can be exemplified by many Sovietologists’ failure to forecast the implosion of one of the greatest superpowers at the end of the 20th century. The present paper does not attempt to present a comprehensive discussion of all the possible categories that would facilitate understanding Russia. The latter can only be one’s goal and task and can never be wholly completed. The fundamental purpose of this text does not involve the comprehensive presentation of a range of issues which can never be presented in an exhaustive manner. It is much more important to show a certain way of thinking based on two prerequisites. Firstly, it is necessary to critically consider the semantic range of every word and every category used to explain any social phenomenon. Secondly, it is necessary to account for the territorial limitations (related to structure and awareness) of each notion.