Ruch Prawniczy, Ekonomiczny i Socjologiczny, 2006, nr 3

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    PRZEGLĄD PIŚMIENNICTWA
    (Wydział Prawa i Administracji UAM, 2006) Wiśniewski, Jan
    Wacław Jarmołowicz, Magdalena Knapińska, Polityka państwa na rynku pracy w warunkach transformacji i integracji gospodarczej, Akademia Ekonomiczna w Poznaniu, Poznań 2005, ss. 285.
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    KOMPONENTY DEFINICYJNE WSPÓŁCZESNEJ POLITYKI
    (Wydział Prawa i Administracji UAM, 2006) Woźniak, Zbigniew
    In the practice of social life the understanding of politics is far from what actually shapes politics today - conceptual deficits, institutionalism or defining through an implication of the object of a political activity. Consequently it is becoming increasingly difficult to match social expectations with the actions of the decision makers. In the paper an attempt is made to order some notions connected with politics, starting with a presentation of the principles, norms and values that anchor the strategic political aims which are responsible for the quality of life of the members of social communities as well as broader groups, and for the development of the society as a whole. The approach that prevails in the social consciousness, according to which politics as a collection of procedures taken to facilitate the execution of power and/or influencing those who hold power is contrasted with politics understood as a concept relating to a broad range of organisations and different types of organisational activities, for which politics constitutes a structure within which everyday operations are carried out, and in which the future course of actions are drawn. This is the context in which the author discusses the correlations observed in the political actions today, which include the power, authority and influence, as well as the law, money and knowledge. The analysis of a linear, interactive model of politics is a key with which effective ways of gaining citizens' time, interest and energy, especially of the younger generation, can be achieved. Thus, such measures as political communication, partnership, or intrasectoral cooperation at the social, regional and global region, concepts not earlier known in democracy, are gaining in importance. It is hard to foresee today all the operational and strategic impact of e-democracy currently being shaped, although we may be sure of one: that the involvement o f ‘own citizens’ in a more active participation in the creation and execution of the law achieved through digital media is a great and unprecedental chance to realise certain ‘policies’ in all those area of collective existence in which such ‘influential centres’ are active. To those belong: public opinion, public debate, lobbying, interest groups, public consultations, social committees, expertises, etc.
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    Spis treści
    (Wydział Prawa i Administracji UAM, 2006)
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    NEKROLOGI. PROF. DR HAB. JERZY WOLNIAK (1925-2006)
    (Wydział Prawa i Administracji UAM, 2006)
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    REGUŁY OCHRONY KONKURENCJI W SEKTORZE MEDIÓW AUDIOWIZUALNYCH WE WSPÓLNOCIE EUROPEJSKIEJ
    (Wydział Prawa i Administracji UAM, 2006) Skoczny, Tadeusz
    The article characterises the new competition protection rules which have been recently applied to the overall audiovisual sector and focuses on actions against horizontal collusion in the sports rights. Also analysed are the most recent Community efforts to ensure the open character of online markets endangered by vertical agreements covering intellectual property rights and the ever-growing impact of merger control on the shape and function of the sector, and in particular the implications of such concentration on the media plurality. The article concludes that the Polish Competition Authority will also have to consider similar problems to those dealt with in the Community and especially the need to keep the access to premium content and proprietary infrastructure open.
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    PRZEGLĄD PIŚMIENNICTWA
    (Wydział Prawa i Administracji UAM, 2006) Kaczmarek, Jerzy
    Janusz Mariański, Religijność społeczeństwa polskiego w perspektywie europejskiej. Próba syntezy socjologicznej, Zakład Wydawniczy Nomos, Kraków 2004, ss. 481.
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    PRZEGLĄD PIŚMIENNICTWA
    (Wydział Prawa i Administracji UAM, 2006) Kroszel, Janusz
    Józef Orczyk, Polityka społeczna. Uwarunkowania i cele, Akademia Ekonomiczna w Poznaniu, Poznań 2005, ss. 193.
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    PRZEGLĄD PIŚMIENNICTWA
    (Wydział Prawa i Administracji UAM, 2006) Jarmołowicz, Wacław
    Wacław Wilczyński, Polski przełom ustrojowy 1989-2005. Ekonomia epoki transformacji, Wydawnictwo Wyższej Szkoły Bankowej w Poznaniu, Poznań 2005, ss. 212.
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    EUROPEIZACJA PRAWA KARNEGO. TENDENCJE, PROBLEMY I ALTERNATYWY
    (Wydział Prawa i Administracji UAM, 2006) Schiinemann, Bernd
    The paper is divided into five parts. The Author presents the topics in the following order: the foreword, the introduction into the subject, the analysis of the principle of mutual recognition (taking the European Arrest Warrant and its consequences as an example, and focusing on those which are against the rule of law) and the disclosure of the deficiency of democratic legitimisation of European criminal law created by framework decisions. He also points out that there is a need to establish central European institutions in the area of criminal law enforcement and to present precise de lege ferenda postulates. This paper can be included among the critical trend of criminal law. The thesis presented in it are the outcome of the research which the author has conducted for several years. They are just a few postulates de lege ferenda and de lege lata. In order to grasp the whole spectrum o f the problem it is necessary to refer to other Prof. B. Schünemann’s publications in which the problems presented in the paper occupy a very important place.
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    ZNACZENIE AKTÓW JEDNOSTRONNYCH DLA WSPÓŁCZESNYCH STOSUNKÓW POLSKO-NIEMIECKICH
    (Wydział Prawa i Administracji UAM, 2006) Sandorski, Jan
    The author claims that there are two unilateral acts which are of fundamental importance for further development of Polish-German relations: the declaration of the German Chancellor Gerhard Schroder of 1 August 2004, and the declaration of the Polish People’s Republic of 23 August 1953 in which Poland resigned from its claims for war reparations. In the second part of the paper the author argues with the thesis proposed by prof. Eckart Klein who is of an opinion that the validity of Chancellor Schroder’s statement is questionable as it is contradictory to ius cogens applying to crimes against humanity (art. 50 of the 1st Geneva Convention of 12 August 1949). The author’s view is that Poland’s overtaking of German possessions was not an unlawful and lawlessness act because it was performed pursuant to the will of the Allies expressed i.a. in Potsdam Conference’s Declaration, and was the consequence of the manner in which Germany started, carried out and ended the war. The author also emphasises the importance of the law of equity and expresses a hope that if there arises an international dispute, the International Court of Justice will construe Potsdam Declaration in such a spirit. In the remaining part of the paper the author claims that Poland’s resignation from reparation claims in 1953 might be pronounced invalid due to the fact that it was made under duress exercised by the Soviet Union on Poland (coal blackmail).) Consequently, Poland’s sovereignty was violated, the result of which was a statement of will characterised with absolute invalidity. The conclusion is that every tension arising from unilateral statements or acts should be solved through friendly diplomatic relations between neighbouring states.
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    POPYT NA KREDYT HANDLOWY
    (Wydział Prawa i Administracji UAM, 2006) Zawadzka, Danuta
    The paper focuses on trade credit issues. The aim of the study was to characterise the demand for delayed payments on the grounds of a trade credit facility. The economic models presented in the paper, called by the author traditional, are the basis on which contemporary researchers use to verify empirically the motives behind the wish to delay payments in commercial transactions. The author concentrates mainly on the work of Swartz, Eliehausen and Wolken, and Laffer. The model approach for optimal amount of trade credit, trade credit demand and its essence as a part of money supply are presented in the paper.
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    NIERÓWNOŚCI I NIEDOSTATKI SPOŁECZEŃSTWA INFORMACYJNEGO
    (Wydział Prawa i Administracji UAM, 2006) Golka, Marian
    Despite many opinions to the contrary, the Information Society is not at all the embodiment of Utopian pictures of equality, welfare and perfect communication. What it does, rather, is to create new, or maintain the already existing, social and economic inequalities across continents, states, regions, as well as those between; urban and rural communities, the educated and the less (the un-) educated, the rich and the poor, the young and the elderly, and so on. This problem is of material significance because the elements of an information society, and the Internet in particular, could play an important role in the (positive) development of societies in places where they appear. Besides those social and economic inequalities, the information society shows certain shortcomings as regards social communication - above all a weakness to downgrade real social contacts in relation to virtual communication and virtual societies. All this is, however, ambivalent because communication in an information society creates new and hitherto unknown social effects.
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    ODDZIAŁYWANIE KORPORACJI TRANSNARODOWYCH NA PRZEDSIĘBIORSTWA KRAJOWE - PRZYKŁAD PAŃSTW EUROPY ŚRODKOWEJ I WSCHODNIEJ
    (Wydział Prawa i Administracji UAM, 2006) Fojutowski, Łukasz
    Transnational corporations are often considered as catalysts for economic development. Consequently many countries offer generous incentive packages to attract their investments. The presence of foreign investors in a host country results in a number of complex social and economic effects. This paper aims to analyse the influence of foreign multinationals on local firms. Having first summarised the theoretical background, the author presents the empirical evidence from Poland, the Czech Republic, Slovakia, Estonia, Latvia, Lithuania and the Ukraine. Two channels of that influence can be derived from the literature: linkages and spillover effects. Regarding empirical implementation, it can be stated that contrary to the expectations the influence is not always positive and it varies according to the size of technology gaps and absorptive capacity, corporate strategies, characteristics of industry and local market, and other still not well-known conditions.
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    JUBILEUSZ 85-LECIA POWSTANIA „RUCHU PRAWNICZEGO, EKONOMICZNEGO I SOCJOLOGICZNEGO”
    (Wydział Prawa i Administracji UAM, 2006) Smolak, Marek
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    O DWÓCH PRÓBACH TRANSCENDENTALNEGO UZASADNIENIA PRAW CZŁOWIEKA
    (Wydział Prawa i Administracji UAM, 2006) Łącki, Paweł
    Human rights constitute a universal moral paradigm in the contemporary world. Paradoxically, their wide recognition on the practical platform gives rise to numerous doubts as to the possibilities of their theoretical justification. Therefore, the task of justifying human rights is one of the important and still topical questions of the philosophy o f law. Alan Gewirth and Otfried Hòffe try to justify human rights basing their considerations on the conditions that ensure the capability of action and its transcendental nature for the acting subject. Such argumentation seems promising: if one managed to argue convincingly that human rights are necessarily connected with what every man as an object of such actions must necessarily want for him/herself, in other words, with what they rationally want, those rights would then have a strong theoretical foundation. In the critical part of this paper it will be shown why both quoted authors have failed to achieve their intended goal. While Gewirth overestimates the scope of normative rules related to the necessary conditions for actions, Otfried Hoffe introduces moral aspects to those premises, thus making his argumentation of the hermenautics of law character rather than one of their fundamental justification.
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    DYSKURSYWNO-ETYCZNE UZASADNIENIE KARY KRYMINALNEJ
    (Wydział Prawa i Administracji UAM, 2006) Wojciechowski, Bartosz
    The author refers to the ethics of responsibility and the communicative approach to law and on that basis outlines a concept of a mixed punishment in which the basic element of punishment is the forfeiture by the criminal of a right to be recognised in a given society. A punishment is presented as a result of a consensus between an individual and the society. A penal measure invalidates a state of punishable lawlessness and therefore it restores social and legal relations of recognition between individuals, and rescinds the common validity of laws within a given society, thus making the state of being responsible for one's actions reasonable (sensible). In the author's opinion the aim of punishment is not only to make an individual to “pay off” for the crime, to restore the proportionality, and to serve as a deterrent preventing other members of the society from committing similar crimes, but its objective should also be to remove “disruptions of social interactions”. The author believes that in a liberal democracy each subject which decides to participate in an inter-subjective practice voluntarily submits to a normative system (including the penal system) which constitutes that practice.
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    PERSPEKTYWY GLOBALIZACJI KOMUNIKACJI POWIETRZNEJ
    (Wydział Prawa i Administracji UAM, 2006) Polkowska, Małgorzata
    The current trends in the economy today, including those in the airline industry, indicate internationalization of markets which effects a number of very important fields. Trans-border capital flows have coincided with an increasing number of multinational airline companies which are now forming venture capital and introduce mixed managements consisting of nationals of different countries. Currently there are many companies which do not draw any clear line dividing their liability. The airline industry is also following these trends and will be soon losing its national character. The forecast of the changes is slow liberalisation of the air transport in Europe and the opening competition among the air carriers in other regions of the world, such as Australia or New Zealand. For the air carriers, one way of globalization and ensuring a competitive edge in the competition in the new global reality are the strategic alliances. After 11 September 2001 airline fleet have become to cost more and air carriers have become deficient. Consequently, new capital for modernisation must be found. However, there are cases where local investors do not want to guarantee a capital flow. Even in the countries in which the government owns the air carriers, the costs are sometimes too high to bear. Successful privatisation of national airlines must be preceded by creation of conditions which investors will find attractive enough to invest. Every restriction for the new investors, also as regards their nationality, reduces the possibility of attracting capital both from those investors and also from local financial markets. These markets at the same time cannot provide a sufficient amount of the capital which is necessary for proper completion of large multinational projects. It seems, however, that the objections against the liberalization concerning the foreign investments expressed by governments will soon, even i f slowly, disappear.