Ruch Prawniczy, Ekonomiczny i Socjologiczny, 2004, nr 4

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    INTERWENCJA „SIŁ MIĘDZYNARODOWYCH” W IRAKU W ŚWIETLE PRAWA MIĘDZYNARODOWEGO
    (Wydział Prawa i Administracji UAM, 2004) Malinowski, Marek M.
    Use of armed forces against territorial integrity and political independence of any state is deemed to be an act of aggression according to the contemporary international law. The UN Charter forbids on principle resorting to violence in international relations, viewing it as a basis for maintaining international peace and security. All conflicts that lead to the use of force ought to be governed by the regime arising from the Charter, which stipulates exceptions from the general prohibition. The military action taken by the United States, the United Kingdom and some other states in Iraq and the international situation arising as a result belong to one of the most sensitive political problems of the beginning of the 21-st century. Intensive debates that have taken place over the last two years, especially massive demonstrations of the intervention opponents, have concentrated mainly on political, moral and ideological issues. The legal debate was marginal and dominated by articulation of interests or convictions. The government of the Republic of Poland has firmly endorsed the US policy, which resulted in an open conflict with Poland’s European allies. Legal arguments presented by the intervention enthusiasts, including the Polish government, were extremely unconvincing and seem to have been developed ad hoc as a result of a demand for legal justification to realize political interests. The action carried out in Iraq backed by UN Security Council Resolution 1441 did not fulfill the requirements of justified military action in compliance with chapter 7 of the UN Charter, ergo: it breached the Charter. Nonetheless, the successive resolutions of the Council: 1483, 1511 and especially 1546 granted a mandate to the international forces - initially occupying forces - to exercise power until the Coalition Provisional Authority transferred power to the legal government of Iraq, and then to the stabilizing forces acting on request of the Iraqi government to stay on the territory of Iraq and act in full cooperation with its government. Despite the breach of the UN Charter, the results of the illegal intervention were in fact accepted by the international community.
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    PRZEGLĄD PIŚMIENNICTWA
    (Wydział Prawa i Administracji UAM, 2004) Piotrowski, Włodzimierz
    Joseph E. Stiglitz, Globalizacja, Wydawnictwo Naukowe PWN, Warszawa 2004, ss. 233.
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    SPIS TREŚCI
    (Wydział Prawa i Administracji UAM, 2004)
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    PRZEGLĄD PIŚMIENNICTWA
    (Wydział Prawa i Administracji UAM, 2004) Morawska, Hanna
    A. Majewska, Ocena metod ilościowych w wycenie instrumentów pochodnych, Wydawnictwo Naukowe US, Szczecin 2004, ss. 239
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    KONCEPCJA MARKETINGU RELACJI W SEKTORZE USŁUG ZDROWOTNYCH
    (Wydział Prawa i Administracji UAM, 2004) Rudawska, Iga
    The Polish health care system is going through great changes that stimulate the re-orientation of patient-service organization relationship. The paper argues that relationship marketing concept is the proper one as far as health care organizations are concerned. The principal arguments for this standpoint are as follows: lead of mutual satisfaction, huge intensity of interactions, existence of exit barriers and growing role of non-monetary price.
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    DEMOGRAFICZNE PRZEMIANY RODZINY - WYZWANIA DLA WSPÓŁCZESNYCH SPOŁECZEŃSTW
    (Wydział Prawa i Administracji UAM, 2004) Szukalski, Piotr
    The contemporary Polish family is undergoing a number of demographic changes that modify its structure and size and in consequence the function it performs. The article sets out to present the main dimensions of these developments in the light of Polish and foreign literature. A discussion is offered of such phenomena as longevity (multigenerational families), childlessness and the trend to have few children, as well as the popularity of divorces and informal relationships and their impact upon the size, structure and functions of families. The presented developments indicate that already at present social policy specialists, when preparing long-term action plans, must allow for the future limitations regarding the educative functions played by the family, in particular care of the elderly.
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    PRZEGLĄD PIŚMIENNICTWA
    (Wydział Prawa i Administracji UAM, 2004) Ratajczak, Marek
    Joseph E. Stiglitz, Globalizacja, Wydawnictwo Naukowe PWN, Warszawa 2004, ss. 233.
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    PRZEGLĄD PIŚMIENNICTWA
    (Wydział Prawa i Administracji UAM, 2004) Kordela, Marzena
    E. Morawska, Klauzula państwa prawnego w Konstytucji RP na tle orzecznictwa Trybunału Konstytucyjnego, Toruń 2003, Wyd. Dom Organizatora TNOiK, ss. 415.
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    NEKROLOGI. DZIAłALNOŚĆ NAUKOWA ZYGMUNTA DULCZEWSKIEGO (1916-2004)
    (Wydział Prawa i Administracji UAM, 2004) Kwilecki, Andrzej
    DZIAłALNOŚĆ NAUKOWA ZYGMUNTA DULCZEWSKIEGO (1916-2004)
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    CZYNNIKI TRANSFORMACJI SYSTEMU POLITYCZNEGO I GOSPODARCZEGO BYŁYCH PAŃSTW KOMUNISTYCZNYCH
    (Wydział Prawa i Administracji UAM, 2004) Gronkiewicz-Waltz, Hanna
    The paper presents the factors affecting political and economic transition in post-communist countries. The political indicators are: elections with even chances for the opposition in the media during the campaign; rule of law; human rights protection; freedom of the media; protection of property rights and level of corruption. The economic indicators show the level of reform in four sections of the economy - market and trade, enterprise, infrastructure, and financial institutions. The assessment concerns legal regulation: for instance, corporate governance, privatization and liberalization of markets. The overall evaluation leads to the conclusion that there are significant differences in the level of transition among the new members of the EU, the CIS countries and former Yugoslavian countries. The most advanced countries in terms of economic reform are those which also meet a high standard of democracy. The enlargement which took place on 1 May 2004 should have a positive impact on those countries in which the reform process has either stopped or slowed down.
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    DYŻUR MEDYCZNY A CZAS PRACY W ŚWIETLE ORZECZEŃ TRYBUNAŁU KONSTYTUCYJNEGO, SĄDU NAJWYŻSZEGO I EUROPEJSKIEGO TRYBUNAŁU SPRAWIEDLIWOŚCI
    (Wydział Prawa i Administracji UAM, 2004) Porażyńska, Małgorzata
    The article is devoted to the issue of medical duty hours in the context of working hours against the background of current legal regulations and verdicts of the Polish Supreme Court, Polish Constitutional Tribunal and the European Court of Justice. The large collection of verdicts of the Constitutional Tribunal and the Supreme Court have been the result of inappropriate legal regulations that, as incompliant with the Constitution, have been giving rise to claims for compensation for duty hours as overtime work. The author makes an attempt to determine the real meaning of the legal norm included in art. 32j section 2 of the Health Care Institutions Act dated 30 Aug 1991 and following an analysis of the verdicts of the European Court of Justice and the provisions of Directive 93/104/EC dated 23 Nov 1993 on some aspects of work time organisation, she indicates the need to immediately amend the aforesaid Polish act in this respect.
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    TRYBY UDOSTĘPNIANIA INFORMACJI PUBLICZNEJ
    (Wydział Prawa i Administracji UAM, 2004) Knopiewicz, Agnieszka
    This article is concerned with the modes of providing public information in the light of the Polish Access to Public Information Act. This Polish regulation lays down the concept of wide access to public information. In principle, everybody has a right to be informed of every public affair that includes access to documents and sessions of public authorities appointed by election. One is entitled to exercise the mentioned right without the need to provide any legal or factual reason.The author presents some ways of exercising the right to public information and the related duties of authorities and other entities obliged to disclose information. Information about public affairs is published in the Bulletin of Public Information accessible on web sites. This is the basic way to ensure access to that information. The information that is not published in the Bulletin is available on request. In such case, the written form of application is not required when the information can be imparted immediately. Furthermore the author undertakes an attempt to specify the legal forms of authorities’ actions that take place during a procedure initiated by the application. The last characterised mode of access to public information is openness and transparency of sessions of collective authorities appointed by election.
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    O METODZIE INTERPRETACJI PRZEPISÓW PRAWA KARNEGO
    (Wydział Prawa i Administracji UAM, 2004) Zawłocki, Robert
    The article concerns the correct method of interpreting criminal regulations. There is no doubt that the way of criminal interpretation directly influences its result. Therefore, the issue is considered as one of the most important problems in the criminal law. According to W. Wolter, representing in this matter the classical view, the act of an explanation of the criminal regulations should be based only on the logic and language rules (dogmatic way of criminal interpretation). And for his opponent, I. Andrejew, the aforesaid operation should be complemented with an explanation based on the special dynamic element, connected whit present criminal policy requirements (social needs). His view of criminal interpretation is based on functional explanation of criminal regulations. The author of the article shows both sides’ arguments and, at the end, proposes his own opinion in accordance with the dynamic interpretation.
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    POJĘCIE „PRZEDSIĘBIORCA” W ŚWIETLE USTAWY O OCHRONIE KONKURENCJI I KONSUMENTÓW
    (Wydział Prawa i Administracji UAM, 2004) Olszewski, Jan
    There are an increasing number of various definitions of entrepreneur in the Polish law. This situation raises doubts not only of a purely legal nature but also at the interface between law and economics. This paper intends to present the development of the term “entrepreneur” from a historical perspective and then to provide a detailed analysis of this term as understood by the Act of 15 December 2000 on Competition and Customer Protection. The importance of this Act is a good justification of why it was selected for this analysis. It is the main legal act on competition in Poland. For this reason it is often referenced by other regulations on competition. Moreover, the term of “entrepreneur” is very broadly understood in the Act, which is due to the specifics of preventive protection provision contained therein. The author makes a number of innovative findings that allow the conclusion that the term “entrepreneur” should be construed in a comprehensive manner in the competition law so as to include potential threats to the free market. Generally speaking, however, this situation should constitute rather an exception than a principle.
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    TEORETYCZNE PODŁOŻE KREACJI I REGULACJI EURO
    (Wydział Prawa i Administracji UAM, 2004) Knakiewicz, Zenobia
    The purpose of the article is to present the theoretical grounds for creating the common European currency, as well as its regulation and the method of rendering money supply. In the author’s opinion, the theoretical grounds comprise the views of K. Wicksell, J. M. Keynes and J. R. Hicks. On the basis of this hypothesis the nominal view of the currency was analysed, this view being considered as the source of the contemporary view of money in general. Also, the credit character of money was considered, the aspect being touched upon for the first time by K. Wicksell. The nature and characteristics of money were discussed in the views of J. R. Hicks and J. M. Keynes. Furthermore, a discussion was offered of the method of quantitative rendition of the euro supply in the EMU member states in addition to the method of affecting liquidity levels of banks comprising the ESCB and in consequence also the method of regulating the euro. The study was based upon the respective literature and the up- -to-date figures regarding the structure of money supply and positions determining the liquidity of national central banks within the EMU. Four tables were developed on the basis of original figures dated at the end of 2003 and the first quarter 2004. The data proved the hypothesis made by the author. An analysis of the data presented regarding the money supply in comparison with the so-called opposite positions and the data on the positions affecting liquidity levels of ESCB banks have all led to the conclusion that the contemporary money is debt, while long term deposits are not moneys but investment assets. It is necessary to regulate the creation of money. The constraint of the creation of non-cash money is the obligatory minimum reserves.
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    USTRÓJ PRAWNY KAS OSZCZĘDNOŚCIOWYCH W DRUGIEJ RZECZYPOSPOLITEJ
    (Wydział Prawa i Administracji UAM, 2004) Włudyka, Tadeusz
    When market economy was build from the start in 1989 in Poland, one should have used the well-tried out solutions and institutions of municipal districts and cities, such as self-government local loan. In the Second Republic of Poland (1919-1939) they all played an important role in the development of the financial market. Their legal regulations after some minor modifications could have been used to revitalize or recreate the institution of self-government credits. Instead, it was decided to maintain the operation of weak banking cooperatives and start the uncontrolled process of launching new private banks (often based on existing nomenclature). The process of separating commercial banks from the National Bank of Poland and their consequent privatisation prevents a direct vindication of the properties that had been appropriated. The National Savings Bank (PKOBP), currently due to be privatised, is still controlled by the state and is as such the last chance to “settle with the past”.
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    STATUS PRAWNY FUNDUSZY CELOWYCH
    (Wydział Prawa i Administracji UAM, 2004) Kucia-Guściora, Beata
    Earmarked funds are mentioned in the Polish Public Finances Act as one of the five organisational legal forms of budget management. This article deals with their legal status. Establishing the legal status of earmarked funds requires a comparative analysis based on administrative and tax law. As an introduction the author discussed the notion of a fund both in colloquial and legal language. Next she analysed the dogmatic and legal definition of this notion on the basis of regulations in force and the doctrine of financial law, pointing to inaccuracies in legal regulations. As a result there are considerable interpretative difficulties e.g. in establishing a catalogue of earmarked funds. From the financial and legal point of view it was necessary to consider the legal nature c f revenue and expenditure and the nature of financial plan of earmarked funds. The relation between plans of earmarked funds and budgetary acts and resolutions was also emphasised. The issues of the legal from of earmarked funds and the nature of property administered by the funds required a civil legal analysis. The analysis of administrative legal status of earmarked funds is based on the organisational and territorial structures of particular funds, the nature and competence of fund agencies. It seems that the essence of funds was not taken into consideration properly in the Polish tax law. Earmarked funds functioning on the basis of regulations in the Public Finances Act enjoy exemption from tax. Still, the way the issue is settled is debatable. Legal forms on which earmarked funds are based are non-uniform and casuistic. For that reason establishing a catalogue of universal legal properties of earmarked funds is problematic.