Ruch Prawniczy, Ekonomiczny i Socjologiczny, 2005, nr 4
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Item SAMODZIELNOŚĆ ŻYCIOWA - WYBÓR I KONIECZNOŚĆ(Wydział Prawa i Administracji UAM, 2005) Żurek, AldonaThe recent changes in social life have brought about differentiated attitudes that adults adopt in relation to family life. One of the consequences is an increasing percentage of those who remain single, a phenomenon observed among seniors as well as the younger generation. Many of those from the latter group choose to remain single because they place a career higher than marriage. A decision to remain single is now much more frequently a choice between staying independent and autonomous and being a member of a small family. This, however, does not mean that the institution of marriage and family is no longer approved. Singles under forty declare an intention to start a family. However, if staying single continues, singles value their freedom and independence even more and refuse to resign from them. This choice is not a very difficult one since staying single does not have to mean loneliness. Singles maintain extensive social relations. They can relay, in critical situations, on their families of origin or their circles of friends. Paradoxically, as it seems, resigning from a family life in favour of independence and freedom, is not equal to resignation from the cultural, social or material resources which a group may offer.Item POSTAWY MŁODZIEŻY AKADEMICKIEJ MIASTA POZNANIA WOBEC INSTYTUCJI MAŁŻEŃSTWA(Wydział Prawa i Administracji UAM, 2005) Ignatczyk, WalentynaThe results of a survey conducted among Poznan students in the years 2002-2003 carried out to determine their preferences when it comes to the choice: career or family life, their attitudes to the institution of marriage, their preferred age to get married and the hierarchy of family values are presented. The results of the survey confirm the hypothesis that the institution of marriage still prevails. As many as 89.6 of the respondents indicated an intention to get married; they also placed family before career. At the same time, however, the young people are very sensitive to economic difficulties - 84% said that economic hardships might modify the attitudes they expressed in the survey. Consequently, it is expected that the number of informal, long-term or short-term relations between young people will be growing, especially since most students show a liberal attitude in that respect. The results o f the recent survey as well as those of the one carried out a few years earlier confirm that the changing attitudes to marriage among young people are being shaped by the economic factor. To stop or change that, adequate social policy and the state’s pro-family policy will be necessary.Item CZYM JEST SPOŁECZEŃSTWO INFORMACYJNE?(Wydział Prawa i Administracji UAM, 2005) Golka, MarianAlthough each society, in order to function efficiently, must base its activities on certain information, modern societies are uniform in that respect insofar that all information related to the production, turnover or transfer of messages is based on digital information transmitted using computer technologies and internet facilities. In this way, a global information society is born. This new society has many new features that constitute a complex syndrome presented in the paper. The practical functioning of the information society is based on the use of electronic mail, availability of websites offering different types of information, electronic data bases, electronic purchases, possibilities of distant employment and provision of services, educational opportunities and many others. On the other hand, however, the internet may facilitate a number of criminal behaviours, pornography and terrorism, and, also, begging. Digital media are still at the developing stage and their impact on humanity in the future cannot be easily foreseen. There is only hope that the positive mechanisms are strengthened and the negative eliminated. It is important to ensure that the information society does not turn into an inhumane creation.Item KONTROWERSJE WOKÓŁ PROBLEMÓW PODZIAŁU(Wydział Prawa i Administracji UAM, 2005) Szopa, BogumiłaIn the context of the „Asian Miracle”, the end of the 20th century witnessed a revolution in income distribution, which consequently brought about verification of the rather widely recognised and accepted relationship: effectiveness or equality. At the same time it raised (and not only among economists) an increased interest in income distribution, emphasising the role of social stability in the processes of economic transformation. This, in turn, has led to a new perception of the economic and social phenomena, including the impact of the state policy.Item REKOMENDACJE DLA STRATEGII FIRM POLSKICH WOBEC EKSPANSJI INWESTORÓW ZAGRANICZNYCH(Wydział Prawa i Administracji UAM, 2005) Gorynia, Marian; Jankowska, BarbaraThe paper is an attempt to define some practical recommendations which Polish companies could adopt in view of growing competition resulting from foreign investments in Poland. The proposed strategies are based on the results of an empirical research which was financed by the State Committee for Scientific Research in Poland. The project examined the strategies that had already been used by Polish companies in respect on the foreign competitors and foreign capital entering the Polish market in a variety of legal forms, with a special focus on direct investments. Selected actual cases of market competition described in professional publications are also discussed. The opinions presented in the paper have been grounded on those economic theories and doctrines which seem to gaining popularity and often serve as the foundation of the strategies, which are being adopted by many enterprises. The conclusion offered is rather optimistic, as Polish enterprises as seen to be confronting foreign competitors from a position that is not, ex definitione, a lost one. However, successful strategies should be based on carefully developed sources of a competitive advantage.Item Rozwój lobbingu w Polsce(Wydział Prawa i Administracji UAM, 2005) Deszczyński, PrzemysławThe paper focuses on the impact of lobbying on the transformation of the economy in Poland. These economic transformations were the result of the activities of two lobbying groups: the one of the employers and the one of the employees, both acting in highly organised formations. In the case of the employees’ organisations, The Independent Self-Governing Trade Union Solidarity played a significant role, especially in the first years of Poland’s economic transformations. Parliamentary attempts to regulate lobbying activities by means of a legal act are also discussed.Item CZYNNOŚCI SPRAWDZAJĄCE PROWADZONE W STOSUNKU DO OSOBY PODEJRZEWANEJ CHRONIONEJ IMMUNITETEM W POLSKIM PROCESIE KARNYM(Wydział Prawa i Administracji UAM, 2005) Janusz, BarbaraThe issues discussed in the paper relate to the checking proceedings carried out pursuant to article 307 of the code of penal proceedings in respect of a suspected person enjoying material, formal and jurisdictional immunity. The said article proposes a different, from the traditional one, typological approach to the immunity, taking into account a broader aspect of the code of penal proceedings. The checking proceedings are carried out before any preparatory proceedings take place; therefore, properly undertaken actions ensure efficiency of the whole course of proceedings and proper realisation of the basic principles of a criminal trial. They also serve as a guarantee of the competences of the participants to the criminal proceedings. According to article 307 of the code of criminal procedure, there are three possible ways of the checking procedure: a) request for complementary data (information) to the ones included in the information of the crime; b) addition of complementary data (information) contained in the information of a crime, consisting of the hearing of the party providing information in the capacity of a witness; c) checking the facts by the very organ itself, normally, by way of operational and investigation tasks. According to article 307 para. 5 of the code of penal procedure, it is possible to carry out checking procedures regarding the information possessed by the police, and regarding information or intelligence as to which a question might arise that a crime had been committed. Checking proceedings, i.e. a stage clearly separated from the preparatory proceedings, partially realises the objectives and tasks of the preparatory proceedings, which becomes especially pronounced and significant when data about people are being collected, as among those data there is also information about immunity which may have been granted to a given person at a certain time. There are two possible ways in which the checking procedure may be terminated; 1). by a decision not to instigate proceedings; or 2). by a decision to instigate proceedings. The following conclusions have been formulated: material immunities and jurisdictional immunities disclosed in the course of the checking proceedings result in automatic decisions to reject the application to instigate preparatory proceedings; 2). the disclosure, in the course of checking proceedings, of the formal immunity should result in an automatic instigation o f preparatory proceedings, which is related to the necessity to commence, by an authorised prosecutor, of an action to start a relevant procedure to procure the permission to enforce law. The above conclusions are subject to transformations under the public and private claims procedures.Item POSTĘPOWANIE W SPRAWIE USTALENIA LOKALIZACJI INWESTYCJI CELU PUBLICZNEGO - WYBRANE ZAGADNIENIA(Wydział Prawa i Administracji UAM, 2005) Grossmann, TomaszThe act on spatial planning and spatial development of 27 March 2003 introduced two types of decisions relating to the conditions of site development: one, concerning public investment projects and one concerning the conditions of development of all other investments. While stressing in his paper the dualism of administrative procedure that arises from the above, the author focuses of the analysis of selected issues related to the instigation, the course, and possible ways of finalising the proceedings that determine the location of a public investment. Those proceedings show many discrepancies in relation to the general administrative procedure, and the regulation of those may lead to disputes as to how to interpret and apply them. The issues related to the legislative novum, being the possibility of issuing a decision concerning a public investment location by a voivode (region governor) have been given special attention. 55Item STOSUNKI PRAWNE MIĘDZY INSTYTUCJĄ UBEZPIECZENIA ZDROWOTNEGO A ŚWIADCZENIODAWCAMI W NIEMCZECH I W POLSCE(Wydział Prawa i Administracji UAM, 2005) Lach, Daniel ErykThe author describes the regulations of the process of buying services which are guaranteed to the insured parties. This is a very important issue from the point of view of the very concept of health service which seeks to ensure adequate treatment to those who are eligible to receive it, and which (this being a characteristic of a health insurance model) can only be provided by qualified, professional providers of the services. Consequently, there are three subjects active in the process: the insured, the insurance institution and the medical doctor. Such a situation requires a complicated system of buying medical services. This is a group of issues related to the admission of doctors and hospitals to the system, allowing them to participate in it and negotiate the conditions and contracts, as well as a control exercised over the providers of the said services, making sure that the financial resources are effectively and properly utilised. In the author’s opinion the German experience is a good starting position from which Polish solutions of these problems could develop, as proper solutions are necessary for the stability of a comprehensive health insurance system.Item PAŃSTWO KONTRAKTUJĄCE: REFORMA SEKTORA PAŃSTWOWEGO W NOWEJ ZELANDII(Wydział Prawa i Administracji UAM, 2005) Swora, MariuszThe paper deals with the organisational and legal aspects of the reform of the public sector in New Zealand. The reform, conducted in the spirit of recommendations of the New Public Management, had substantially transformed the whole government administration, and has become internationally recognised as an example of far reaching and consistent transformations in the public administration, leading to the introduction in it of certain managerial elements. Two aspects of New Zealand’s reforms are discussed in detail: the system of contracting tasks and the transformation of the public service. Possibilities of applying the same solutions in other states are also looked upon.Item USŁUGI W OGÓLNYM INTERESIE GOSPODARCZYM A REGUŁY OCHRONY KONKURENCJI W UNII EUROPEJSKIEJ(Wydział Prawa i Administracji UAM, 2005) Kosiński, ErykThe general EC competition provisions, or the anti-competitive agreements are contained in the new 81-86 (former art. 85-90) of the Treaty on the EU of 25 March 1957 (The Treaty of Rome). The EU competition regulations apply solely to the anti-competitive agreements which may infringe free trade between member states, and, as such, they concern undertakings. The EU competition rules are binding in all spheres of economic activity, except for the exceptional cases where the Treaty excludes their application. Those exclusions, however, are few. One of the general exclusions is provided in the new art. 86 clause. 2 (former art. 90 clause 2) of the Treaty. It applies to those undertakings which have been given by the state the status of undertakings rendering services of general economic interest, or undertakings that constitute an element of a state monopoly, bringing a certain revenue. The notion of a state monopoly bringing revenues, or a fiscal monopoly, does not pose any major interpretation problems. However, the notion of services of general economic interest is already a specific concept that has been introduced to the community law. Moreover, it should be stressed that services of general economic interest constitute one of the prinicipal rules of the Community. Similar, or derivative, notions to those above are public utility, public services and universal services. Services of general interest is a broader concept, to be found in large network-type sectors such as transport, postal services, communication or energy. Recognition of a certain type of services as services of general economic interset entails certain public service obligations imposed on the providers of those services.Item LEGITYMACJA WSPÓLNOTY MIESZKANIOWEJ W ZAKRESIE DOCHODZENIA ROSZCZEŃ Z TYTUŁU RĘKOJMI ZA WADY FIZYCZNE NIERUCHOMOŚCI WSPÓLNEJ(Wydział Prawa i Administracji UAM, 2005) Trzaskowski, RomanThe paper deals with issues related to the legitimation of a condominium to claim damages under a warranty for defects in the common property, arising from individual contracts of sale. The main issue discussed is who has the right to claim damages: the individual owners of flats, seeking their rights as arising from general provisions, or the housing community (the condominium as such), on the basis of its rights arising from a joint management of common property. In other words, whether the condominium may claim damages despite the fact that those claims arise from individual contracts of sale. This issue is new in Polish literature, and similar problems are treated and solved differently in different legal systems, especially in the German and Swiss systems. Each of those solutions has certain advantages and disadvantages because the individual’s and group’s interests are always difficult to match and solve. However, the analysis of Polish regulations suggests that the Swiss solution, preferring the individual’s interest, should be adopted. In that solution, legitimation to claim damages under a warranty goes only the individual purchasers, or owners of flats. The housing community (condominium) would be authorised to claim damages only if such claims have been acquired by it by way of a transfer of such rights.Item CYWILNOPRAWNA I PODATKOWOPRAWNA POZYCJA SĄDOWEGO ZARZĄDCY NIERUCHOMOŚCI(Wydział Prawa i Administracji UAM, 2005) Pyziak-Szafnicka, Małgorzata; Nykiel, WłodzimierzThe real estate administrator appointed by the court acts in his own name, but his performance in relation to third parties is supervised by the court. Such an administrator is also under an obligation to assign the rights and duties that he has acquired while administering a real estate, to its owners or co-owners. The real estate court administrator, or an entrepreneur whose business is property management is a VAT taxpayer. This means that he issues and receives VAT invoices. He is also subject to income tax payments due from the individual’s or legal person’s remuneration received for management services provided. Proceeds from the rental or lease of property that he administers and which go to the owners of the property, are taxed separately in respect of each of the beneficiaries.Item Spis treści(Wydział Prawa i Administracji UAM, 2005)Item NOWE ZASADY EWIDENCJI DZIAŁALNOŚCI GOSPODARCZEJ(Wydział Prawa i Administracji UAM, 2005) Kaczmarek, PawełThe proposal to register business enterprises in the manner provided for in the Act of 23 December 1988 has been criticised as regards its practicality and also from the doctrines point of view. The main objections and criticism pointed out to the scarcity of information included in the business registers and the absence of any guarantee that the data appearing in the records were credible. Insufficient funding and lack of proper organisation rendered any improvements of the proposal impossible; therefore for all those years, those records have not changed its form and contents, and currently they serve mainly as a tool to promote entrepreneurship, offering assistance to those who are intending to set up their own business. In the paper, the author claims that the recent reforms have reduced the significance of business registers, which have now become a public register functioning simultaneously, or parallel to the register of entrepreneurs. The data entered into the register of entrepreneurs are studied in detail, thus forming grounds for a full comparative study made from a civil law point of view. The legal nature of an entry in the business activity records is also questioned. The paper offers an answer to the question about the form of the new records, whether it is only an accidental blend of the solutions that have been functioning so far, or whether it is a cohesive legislative concept taking into account all the circumstances related to the function of public records and decisions to start one’s own business.Item WPIS DO REJESTRU DZIAŁALNOŚCI REGULOWANEJ(Wydział Prawa i Administracji UAM, 2005) Strzelbicki, MichałThe Act on Freedom of Economic Activity passed by the Parliament of the Republic of Poland on 2 July 2004 introduced obligatory registration of one’s business activity, which is a new form of influence that organs of public administration may exercise in respect of businesses set up and run in Poland. A thorough and detailed view of the regulated business activity treated as a legal institution is presented and various aspects of the Act, starting from the characteristics of the issues relating to the statutory definition of regulated business activity, through issues like the reasons of behind the establishing of a register of business activity, the legal regulations, types of business activity, legal nature of the entry, grounds for refusal to make an entry and consequences of a failure to make an entry, as well as supervision of the entrepreneur whose business activity has been entered in the register and the type of decisions prohibiting business activity, are discussed. Concluding, the author attempts to assess whether the decision to abandon the existing permits and licences to carry out business activity and introduce an obligation to enter one’s specific business in the regulated activity register is justified.Item NEKROLOGI WSPOMNIENIE O PROF. ZW. DR. HAB. ANDRZEJU KIJOWSKIM (1945-2005)(Wydział Prawa i Administracji UAM, 2005) Piotrowski, WłodzimierzItem POSTĘPOWANIE W SPRAWIE UDZIELANIA OGRANICZONEJ LICZBY KONCESJI(Wydział Prawa i Administracji UAM, 2005) Trela, AnnaThe paper enlists the main changes in the concessioning o f business activity which were implemented after the Act on Freedom of Economic Activity was adopted on 2 April 2004, and it discusses the consequences of the reduced number of the types of business activity that are subject to concessioning, and the manner in which special terms and conditions of carrying out certain business activities are determined. Special attention is given to the institution of a tender which aims at identifying the number and type of potential concessions if their number is to be limited. General provisions relating to the procedures prior to the tender are discussed and compared with specific solutions regulated in the Act on radio and television of 29 December 1992. Further, the main elements of a tender implemented in the Act on Freedom of Economic Activity are presented in relation to the solutions of the civil code, and the manner of their regulation as well as the role of the tender in the concessioning process are discussed. It is also pointed out that in comparison with the solutions adopted in the Act on special economic zones of 20 October 1994 and issued on the basis of decisions made by delegated statutory authorities, the ‘concessionary tender’ is not of a comprehensive character and does not, at least in the legal form adopted for it by the legislator, improve the said procedures.Item PRZEGLĄD PIŚMIENNICTWA(Wydział Prawa i Administracji UAM, 2005) Wróblewski, Bartłomiej P.Handbuch der Grundrechte in Deutschland und Europa, red. Detlef Merten, Hans-Jürgen Papier, t. I. Entwicklung und Grundlagen, Heidelberg 2004, C. F. Müller Verlag, ss. XXVIII i 1062.Item PRZEGLĄD PIŚMIENNICTWA(Wydział Prawa i Administracji UAM, 2005) Prengel, MarekHelmut Satzger, Internationales und Europàisches Strafrecht, Nomos, Baden-Baden 2005, ss. 245.