Ruch Prawniczy, Ekonomiczny i Socjologiczny, 2004, nr 3
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Item WSKAŹNIKI MONETARNE A INFLACJA W POLSCE W LATACH 1999-2003(Wydział Prawa i Administracji UAM, 2004) Musielak, Magdalena; Kamiński, MarcinLinkages between inflation and various monetary aggregates and other instruments of monetary policy are a basic subject of central banks’ attention. This article aims at answering the question, whether in the period of direct inflation targeting, being a strategy for monetary policy in Poland, the shifts in instruments of monetary policy and monetary aggregates were a cause for shifts in core inflation and inflation measured by CPI. Central bank interest rates (such as lombard rate, reference rate, rediscount rate and refinancing rate), reserve requirements, open market operations and monetary aggregates MO, Ml, M2 and M3 have been brought under study. It has been decided to measure the influence of these instruments on the three core inflation measures (15% trimmed mean, core inflation excluding most volatile prices and core inflation excluding most volatile prices and fuel prices) and on CPI. According to our results, shifts in interest rates levels are generally reflected in the inflation level after 3 or 4 quarters. Reserve requirements ratios influence CPI to a much lesser degree and do not influence measures of underlying inflation at all. Open market operations have no impact on inflation either. As far as monetary aggregates are concerned, it is visible that only the widest measures of money supply affect inflation.Item WPŁYW IMIGRACJI NA WZROST GOSPODARCZY W AUSTRII W LATACH 1988-2003(Wydział Prawa i Administracji UAM, 2004) Piotrowski, PiotrThe purpose of this article is to present the effects of foreign worker population increase in Austria on its economic growth, with particular reference to immigrant participation in generating GDP. The article provides the results of microeconomic and macroeconomic analysis of the effects of immigration to Austria. The analysis results confirm that the influx of foreign workers contributes to the economic growth of the country. Special emphasis has been placed on the author’s attempt to analyse foreign participation in generating GDP in Austria, as foreign workers account for more than 10% of Austria’s hired labour force. The analysis has been enlarged by calculations concerning the ‘hidden economy’ as well as illegal immigration.Item RETROSPEKTYWNE UJĘCIE ROLI PAŃSTWA W GOSPODARCE W MYŚLI EKONOMICZNEJ(Wydział Prawa i Administracji UAM, 2004) Miłaszewicz, DanutaThe problem of the state’s role in the economy has been discussed not only by many economists, but also by scientists from allied disciplines and people experienced in the economic activity. The article presents a retrospective study of views on the state’s economic role seen from the point of view of different doctrines, schools, lines and theory of the economic thought, both past and present. In order to ensure a better clarity of the exposition, a classification of the economic thought which is used by many o f its historians has been adopted and an attempt has been made at the analysis of the state’s role in the economy in the preclassical, classical, neoclassical, Keynes’s and more modern economic thought. Due to the topic complexity and structural restrictions, an analysis of a broad, historical context of the presented views has not been presented and the views have not been supported with examples from the economic activity.Item NIEWAŻNOŚĆ ZRZECZENIA SIĘ PRZEZ POLSKĘ REPARACJI WOJENNYCH A NIEMIECKIE ROSZCZENIA ODSZKODOWAWCZE(Wydział Prawa i Administracji UAM, 2004) Sandorski, JanIt has become a bad tradition in the Polish-German relations that from time to time the problem of war reparations and claims for indemnity for the consequences of the Second World War is brought back. It is beyond all doubt that after 1989 neither the Polish diplomacy nor the theory of international law reacted to the fact that the problem of the assumption of German property by Poland after the Second World War was now in a different political context. Western superpowers signed treaties in which they shifted the obligation to pay indemnities to German citizens in connection with war reparations onto the German state. Poland has not managed to negotiate similar regulations with the Federal Republic of Germany. In the present situation, the so-called “treaty path” seems to be the most reasonable solution. It would refer to Józef Pilsudski’s policy, who led to the conclusion of the liquidation agreement between Poland and Germany on 31 October, 1929. After the “zero” effect has been reached in the negotiations with the Federal Republic of Germany the indemnity obligations would be shifted onto the German side in exchange for Polish waiver of war reparations. The question arises whether Poland has the right for them, considering the fact that it relinquished them in 1953. The declaration of the Polish government of 23 August, 1953 was a result of the Soviet dictate, which violated sovereignty of Poland and as a result of which the government of the Polish People’s Republic was not an equal partner for international relations. For that reason, it must be stated that there are serious premises indicating the thesis of invalidity of declaration of 23 August, 1953. The declaration of the government of the Polish People’s Republic of 23 April, 1953 is burdened with a defect in a declaration of will and, due to that, there is no need to withdraw it. The international law does not set any time limit within which an invalidity charge must be submitted. For that reason, the charge may be notified if the need arises. Submitting an invalidity charge of the declaration of 1953 is not equivalent to accepting a thesis about limiting Polish sovereignty during its membership in the Communist block. From the point of view of international law, in the aforementioned period Poland was a sovereign entity. Its home and foreign policy was under a strong political influence of the Soviet Union, which did not change its position in the international law. More than once this influence was clearly against the international law in force, so it was a violation of Polish sovereignty. For this reason, the declaration of 23 August, 1953 should be considered invalid and lacking legal consequences.Item SPÓŁDZIELNIA A KONCEPCJE NEOINSTYTUCJONALNE(Wydział Prawa i Administracji UAM, 2004) Ławrynowicz, JanThe article evaluates the usefulness of agency theory and property rights and Williamson’s transaction cost economics as a framework for discussing five major problems o f cooperatives. Property rights held by cooperative owners and delegation of decision-making authority from principal to agent impose a significant level o f conflict to the decision-making process, particularly involving the allocation o f resources. As a result o f this inherent conflict, the traditional cooperative exhibits five basic problems: free rider problem, horizon problem, portfolio problem, control problem and influence cost problem. This article also examines how these problems are overcome by New Generation Cooperatives.Item PRZEGLĄD PIŚMIENNICTWA(Wydział Prawa i Administracji UAM, 2004) Gierszon, Lucyna M.Romuald Poliński, Prawidłowości transformacji systemów ekonomicznych, Uniwersytet Warszawski, Warszawa 2003, ss. 206.Item PRZEGLĄD PIŚMIENNICTWA(Wydział Prawa i Administracji UAM, 2004) Żukowski, MaciejTomasz Budnikowski, Bezrobocie na świecie i w Polsce, Instytut Zachodni, Poznań 2002, ss. 236.Item PRZEGLĄD PIŚMIENNICTWA(Wydział Prawa i Administracji UAM, 2004) Przybylska-Kapuścińska, WiesławaRyszard Kokoszczyński, Współczesna polityka pieniężna w Polsce, PWE, Warszawa 2003, ss. 317.Item CZY ZMIENIAĆ KONSTYTUCJĘ RZECZYPOSPOLITEJ POLSKIEJ Z 2 KWIETNIA 1997 R.?(Wydział Prawa i Administracji UAM, 2004) Winczorek, PiotrThe article is devoted to the consideration whether it is time the Constitution o f the Republic o f Poland o f 2.04.1997, which has been in effect for seven years, was abrogated and replaced with a new one or amended significantly. The intention o f abrogating this Constitution appeared as early as 1997, soon after it had been enacted. Such a demand was made by groupings which were not widely represented in the Sejm and the Senate in 1993-1997. However, after they won the parliamentary elections in 1997, they abandoned their postulate. It was probably caused by two reasons: lack o f sufficient support for such a change in both houses of the parliament and the fact that the provisions o f the new Constitution strengthened the position of the Council of Ministers. The political grounds of this Council were in the groupings which had previously promoted changes in the Constitution. Since 2001 the demand for a fundamental change in the Constitution has been made on the basis o f the discussion on the establishment o f the so-called 4"' Republic o f Poland, due to replace the 3rd Republic, established as a result o f the political changes initiated in 1989. In addition to the proposal o f comprehensive changes, there are also suggestions of partial amendments to the Constitution. They concern such issues as abolishing the Senate, reducing the number o f the members o f parliament by half, introducing the majority system and onemandate constituencies in the Sejm elections. There is also a demand for the modification of regulations concerning social and economic citizen rights whose observance is extremely difficult at present. The Polish accession to the European Union was preceded by suitable constitutional preparations. However, some constitutional issues have been under discussion, such as the primacy of the European law over the Polish law, the right o f the Union citizens to participate in the municipal elections in Poland, the tasks of the National Bank o f Poland (NBP) and its position in the political system, the establishment o f the European arrest warrant. On the whole, it can be stated that the process of Poland’s accession to the structures o f the European Union does not require considerable constitutional changes. The author argues that the content of the Constitution of the Republic o f Poland of 1997 never caused any significant disturbance in the functioning o f the state. Such disturbances were generated by political and economic factors rather than the constitutional ones. The author claims in the conclusion that even though the Constitution of the Republic of Poland o f 1997 requires some changes, these changes are not urgent and ought to be carefully prepared.Item UWAGI O USTROJU III RP W ŚWIETLE PORÓWNAWCZYCH BADAŃ POLITOLOGICZNYCH NAD TYPAMI RZĄDÓW I ORDYNACJĄ WYBORCZĄ(Wydział Prawa i Administracji UAM, 2004) Kamiński, Antoni Z.This paper considers the performance of the Polish constitutional system. According to a popular view, the system of government in Poland is in a deep crisis. Opinions differ as to its causes. Some see them in the constitution; others in the weakness of the Polish political culture. This analysis focuses on three topics: 1) chances for an effective government; 2) efficiency of internal controls; 3) accountability of politicians and political parties. In each of these domains weaknesses are manifested. According to the author’s view, the reason is the low priority given to constitutional issues at the start of the transition, and their subjection to particular interests of main political actors later on. The weakness of formal controls, and low electoral accountability have created conditions in which formal institutions offer a faęade behind which the informal processes often bordering on crime occur. In the author’s opinion, the Polish system o f government requires a deep reform embracing the function of the parliament, public administration and the judiciary. Such a reform stands no chance for success unless the proportional representation is replaced with the simple plurality electoral system.Item PERSPEKTYWY ROZWOJU BANKÓW SPÓŁDZIELCZYCH W POLSCE W WARUNKACH INTEGRACJI I GLOBALIZACJI RYNKÓW FINANSOWYCH(Wydział Prawa i Administracji UAM, 2004) Szembelańczyk, JanNational markets, when opening, expose their local financial institutions to international competition. Economic agents encounter both opportunities and threats in the new circumstances. The relative weakness of cooperative banks in Poland stemming from the historical and structural background needs to be shortly overcome. Surprisingly, the performance o f these financial institutions in Poland over the last four years has proved more effective than that of commercial banks. For a number of complex reasons, the market share of Polish cooperative banks is significantly weaker than in most EU countries. However, their growth potential is much stronger. This opportunity can be used subject to a variety of conditions. Firstly, the new financial architecture is indispensable for local communities. Secondly, the financial drainage of local communities (i.e. deposit transfer to interbank money market) ought to be limited or even eliminated as soon as possible. Thirdly, an intense economic educational campaign needs to be developed with a view to pointing out the results of transferring wealth via commercial bank channels. Consequently, a comprehensive concept of organizational structure and business practice within cooperative banking groups (associations) must be established. This concept should be based upon the heterogeneous structure of local cooperative banks and subsidiary functions of higher level banks (so-called ‘association banks’) and an adequate contemporary institutional mission.Item JUBILEUSZ 85-LECIA WYDZIAŁU PRAWA I ADMINISTRACJI UNIWERSYTETU IM. ADAMA MICKIEWICZA W POZNANIU(Wydział Prawa i Administracji UAM, 2004) Szwarc, Andrzej J.Item O KONTROWERSJACH PRACOWNICZEGO ZATRUDNIENIA CZŁONKÓW ZARZĄDU SPÓŁDZIELNI(Wydział Prawa i Administracji UAM, 2004) Niedbała, ZdzisławFor some time the legal grounds for employment of board members of a cooperative have been causing much controversy in the cooperative practice and jurisdiction. In accordance with article 52 of the Cooperative Law such grounds can be provided by an contract of employment or an act of appointment. The provisions of article 68 of the Labour Code, which were changed in 1996, allow employment on the basis of appointment in cases stipulated in special provisions. The resolution of a panel of 7 Supreme Court judges of February 2003 attempts to explain and solve some significant discrepancies in the appraisal of this legal status. However, the thesis of this resolution and its justification raise some numerous doubts. The aim of this study is to present these doubts and to show a fundamentally opposite standpoint. In addition to the aforementioned main subject of discussion, the following problems have been brought up: a ban on competition imposed on the board members, the influence of violating this ban on keeping the mandate by the board members and their employment with the cooperative. The study is also interested in the problem of possible responsibility for keeping order by board members, especially in the context of relationship between the board and the supervisory board. The study suggests in the conclusion that the new cooperative law should contain means which would minimize or eliminate the aforementioned controversies.Item OGRANICZENIA SWOBODNEGO PRZEPŁYWU TOWARÓW I USŁUG ZE WZGLĘDU NA INTERES PUBLICZNY W ŚWIETLE ORZECZNICTWA EUROPEJSKIEGO TRYBUNAŁU SPRAWIEDLIWOŚCI(Wydział Prawa i Administracji UAM, 2004) Stefanicki, RobertThe rules governing the free flow o f goods on the Community internal market, fundamental for full integration of the areas o f law necessary to achieve aims set by the Founding Treaties, have been included in the state order. Member States, however, can introduce and maintain legal measures limiting the free flow o f goods and services in consideration of public interest. The measures can only have limited scope due to the countries’ obligation to respect the purposefulness requirement and proportionality criteria. The European Court o f Justice determines (mainly in the form o f preliminary ruling procedures) the conditions required for the state to be able to invoke imperative requirements set out in the Treaty provisions and developed in precedence rulings without contradicting supranational objectives o f integration and rules governing the common frontier-free market. We can hardly overrate the Court’s interpretation work in determining accurately the referents o f the notion “public interest” and defining individual critria whose fulfilment is requisite for a member state to benefit from legal derogation from the free flow. In relation to Poland’s accesión to the European Union, discussion on “limits to the free flow of goods and services in the common market because of public interest in the light o f the European Court o f Justice’s decisions” can be found useful, particularly for legislative process and the practice of application of the state law.Item WOLNOŚCI ORAZ PRAWA KONSTYTUCYJNE PODATNIKA(Wydział Prawa i Administracji UAM, 2004) Bojkowski, TomaszThe article is related to the essence o f constitutional system in Poland for changes in Polish tax system. The freedoms and rights change the position of an entity obliged to pay taxes. The obligation creates o f specific relation between the State and a payer. There is no partnership but only duty for one side without mutual services. The aim o f that article is to explain and show that the weaker side (tax-payer) possesses some constitutional freedoms and rights and in the process o f legislation the freedoms and rights mark some noticeable limits for the tax law. The constitutional procedure is not a part o f tax procedure but there is possibility to use it in Poland by means o f a constitutional complaint (skarga konstytucyjna). The essence o f that complaint to Trybunał Konstytucyjny (Polish Constitutional Tribunal) is to eliminate any tax law which fails to secure the freedoms and rights. Indeed, tax-payers have the opportunity to report their constitutional doubts during administrative procedure (Naczelny Sąd Administracyjny - Polish Supreme Administrative Court) where court makes use of the institution o f a legal query (pytanie prawne), while a complaint has a more individual character. A payer initiates constitutional research in the Tribunal {Trybunał). The final part o f the article includes a presentation of freedoms and rights that were specified in the constitutional procedure during 1998-2003 by payers. The most important issue was to categorise all known rights according to the main principles (essence o f all constitutional rights) and particular freedoms and rights. Especially, “equality” is considered as essential for constitutional rights but from the public viewpoint it is considered a singular right. The analysis o f judgements of the Constitutional Tribunal (Trybunał Konstytucyjny) indicates that the tax system becomes closer to the constitutional system in Poland.Item SPIS TREŚCI(Wydział Prawa i Administracji UAM, 2004)Item PRAWOMOCNOŚĆ A PROCEDURA ZAPYTANIA WSTĘPNEGO O WAŻNOŚĆ AKTÓW WSPÓLNOTOWYCH WEDŁUG ART. 234 TRAKTATU O USTANOWIENIU WSPÓLNOTY EUROPEJSKIEJ(Wydział Prawa i Administracji UAM, 2004) Pechstein, Matthias; Kubicki, PhilippThe article deals with the relation between the action for annulment under Art 230 EC and the control of validity within the scope of the preliminary ruling procedure under Art 234(1) (b) EC. Despite some fundamental differences between both procedures - Art 230 EC is a direct action before the community courts, while Art 234 EC is a procedure of co-operation between national courts and the ECJ - overlaps are possible: After expiration of the time-limit, pursuant to Art. 230(5) EC, legal acts of community institutions become final. Yet, since the institution of a preliminary ruling procedure is not subject to any time-limit, such legal acts can be subject to a preliminary reference concerning their validity after the time limit pursuant to Art 230(5) has already expired. Making a reference in favour of a person who could bring an action for annulment against such an act but has failed to do so, would thus circumvent the finality of that act. For this reason the ECJ rejects references concerning the validity of acts under Art 234 EC, if an annulment action of the person in whose favour the reference is made was obviously admissible but no such action was brought. The article analyses the case-law existing on this issue and attempts to determine more precisely the criterion of obviousness. In addition, the article highlights constellations of overlap that have not yet been subject of the existing case-law.Item SPRAWOZDANIA I INFORMACJE. KOMUNIKAT O XI KONKURSIE IMIENIA PROFESORA MANFREDA LACHSA(Wydział Prawa i Administracji UAM, 2004)Item PRZEGLĄD PIŚMIENNICTWA(Wydział Prawa i Administracji UAM, 2004) Nowak, MarekŚcieżki transformacji, red. Krzysztof Brzechczyn, Poznańskie Studia z Filozofii Humanistyki 6(19), Wydawnictwo Zysk i S-ka, Poznań 2003, ss. 413.Item PRZEGLĄD PIŚMIENNICTWA(Wydział Prawa i Administracji UAM, 2004) Jakubowska-Mroskowiak, HonorataPierre Bourdieu, Męska dominacja, przekład L. Koperewicz, Biblioteka Myśli Socjologicznej 1, Oficyna Naukowa, Warszawa 2004, ss. 160.