Ruch Prawniczy, Ekonomiczny i Socjologiczny, 1999, nr 3-4
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Item SYSTEMY MOTYWACYJNE I BODŹCOWE W PRZEDSIĘBIORSTWIE USŁUGOWYM(Wydział Prawa i Administracji UAM, 1999) Hentze, Joachim; Lindert, KlausMarket competition and demand behaviour of customers do customers do require from the employees not only to constantly deepen their skulls but also to be in some steady readiness to modify their operating patterns. The service strategy which could be able to lead to direct stimuli costs and to indirect „system stimuli costs” must be shaped in such a way that a service value as recognised by a client should be bigger than costs increase, so - that this value could fully cover direct costs of a product. Some valuable hints in this respect are being furnished by the psychology of motivation. And so, apart from the stimuli that do increase readiness for producing services, there are crucial stimuli of capital importance for increasing the potential of a given service itself. It is noteworthy that attention must be paid to possibly elastic shaping o f the stimuli system.Item ŹRÓDŁA PRZEWAG KONKURENCYJNYCH PRZEDSIĘBIORSTWA W GOSPODARCE OTWARTEJ(Wydział Prawa i Administracji UAM, 1999) Śliwiński, RafałEconomic transformation in Poland do force enterprises to function under conditions o f intensive competition. Simply for to survive - Polish firms must in a very short time learn and assimilate new rules if the game, based on competition. When wanting to start any effective competition one must first of all get acquainted with sources of competitive advantages of foreign firms - taking into consideration that the experience of the latter is much bigger - and being done that functional strategies are the germ o f any such advantages - the article focuses on these strategies and discusses with more details some particular strategies of this kind together with ensuing advantages for a firm. In particular the Author considers functional strategies of marketing divisions, of productions, finances, research and development, staff management and running of information. Within the framework of the above mentioned divisions - there is also an analysis of strategies proper to particular smaller subdivisions with a review of possible competitive advantages for them.Item PRZEOBRAŻENIA STRUKTURY SPOŁECZNO-ZAWODOWEJ LUDNOŚCI POLSKI W XX WIEKU(Wydział Prawa i Administracji UAM, 1999) Szuman, AlicjaIn the paper an attempt was undertaken to make a review of changes in populations structure as a result of its differentiation from the point of view of employment. Considerations have been limited to three following aspects of these transformation, and namely: intersectorial evolution, changes of maintenance of the population and increasing professional activity of women. The analysis is based on data taken from seven selected censuses (1921,1931, 1950, 1970, 1978, 1988) and from three micro-censuses (1974, 1984, 1995). The research made proved that fundamental trend in changes within professional structure is continuous moving of the employees of the 1st and 2st sectors to the third one. Such a relative regrouping makes that the share of service sector in general volume of employment grows larger. Also the image of the Polands’ population in respect of the main source of maintenance underwent some essential changes because of the move of population from the century to the towns and because of increased number of persons who derive their means of maintenance mainly from extra-agricultural sources. One of principal features of modernisation is a growth of professional activity of women. Distributions of the last as presented in the paper made us able to state that a pattern of constant professional activity is still on force in Poland. In such a situation women in Poland do reconcile their job with family duties. So clearly outlined trends of changes do indicate however that Poland tends firmly towards the group of economically highly developed countries.Item NIEKTÓRE DYLEMATY POLSKIEJ PRYWATYZACJI(Wydział Prawa i Administracji UAM, 1999) Zwierzchlewski, SławomirOn the turn of the eighties and nineties in Poland a process in Poland a process of system transformation has begun - towards the introduction of economic and social order which is proper to developed countries of Western Europe and of the world as a whole. The change of economic system led to many new dilemmas; the problem of property transformations was one of the most important among them. Such issues as the following became then object of violent debates; what is privatisation? what attitudes can be adopted towards it? what should be privatised? who is the privatisation profitable for? So, essential controversies about privatisation are resolvable into a number of property transformations’ methods, into a participation of the State in this process and, finally, into a range of preferences reserved for the employees of enterprises submitted to a privatisation. Despite of the fact that the process of Polish privatisation is already quite pretty advanced - all the dilemmas above mentioned are still a live issue and are difficult to be solved univocally.Item PRÓBA OSZACOWANIA PRZYSPIESZEŃ/OPOŹNIEŃ PROCESÓW PRYWATYZACJI PRZEDSIĘBIORSTW PAŃSTWOWYCH W OKRESIE 1991 - 1997(Wydział Prawa i Administracji UAM, 1999) Guzik, Bogusław; Jurek, WitoldDynamics of privatisation processes has been evaluated assuming that the course of privatisation o f State owned enterprises - just as a majority o f „new” economic phenomenons - can be in a longer period described with a logistic curve with enough precision. Such a logistic curve expresses a hypothesis according to which a phenomenon strongly increases in its beginning, next it is still increasing but slower and slower and finally, after having reached a kind of „maturity” - phenomenon practically gets stable. More particularly - it is natural in such a moment that the rate of privatisation becomes slower after a certain timt. It results out of calculations made that if (logistic) course of privatisation continued to follow the rate and intensity from the period of the governments of T. Mazowiecki and H. Suchocka - the privatisation process of about 90 per cent of State owned enterprises should be achieved in practice already today. On the other hand - i f the privatisation process followed from its very beginning, i.e. from 1990, the rate and intensity known from the period of the W. Cimoszewicz government - real privatisation og 90 per cent of enterprises should be expected only until years 2030 - 2040. As a consequence of initial accelerations and next delays one can suppose that if average intensity of privatisation process from 1990 - 1997 was to be maintained - 90 per cent of enterprises in a majority o f sectors of national economy could be privatised only about 2005.Item INTEGRATED QUALITY MANAGEMENT - KSZTAŁTOWANIE JAKOŚCI PRODUKTU TURYSTYCZNEGO W REGIONIE(Wydział Prawa i Administracji UAM, 1999) Gołembski, GrzegorzThe aim o f the article is to get a lecturer acquainted with selected new concepts of developing tourism - the result of which is growing necessity to ameliorate the quality itself of tourist product. In this respect a concept of integrated quality management in tourist regions was discussed in the article. Particular importance of a leadership and of determinating o f tourism development strategy in a given region have been stressed. Further - premises of applying such an integrated quality management under present Polish conditions were discussed and, on this occasion, some defaults of this system have been presented.Item WŁASNOŚĆ I INTERESY. PRYWATYZACJA W POLSCE W UJĘCIU SOCJOLOGII GOSPODARKI(Wydział Prawa i Administracji UAM, 1999) Tittenbrun, JacekThe Author focuses on sociological contents of privatisation processes in enterprises with special respect to their implications for social condition of main social groups (classes) participating in these processes. The analysis of these economic and social problems is referred to the theory of property (first of all - of stocks’ property. Then discussing different ways of enterprises’ privatisation the Author indicates certain negative effects - as for instance realising extraordinary gains by owners of companies after having artificially reduced the price of evaluated means of production as taken over from privatised enterprises. The Author describes also material condition of the employees in newly created companies, their influence on management, property relationship in such a firm as well as, finally, opinions of the employees on their new situation: so, these employees are, in the same time, joint owners of a firm.Item PRAGMATYZACJA ŚWIADOMOŚCI I PLURALIZM STRATEGII PRZYSTOSOWAWCZYCH POLAKÓW W LATACH 1988 - 1999(Wydział Prawa i Administracji UAM, 1999) Ziółkowski, MarekThe article is based on results of empirical research work done in Poland in 1988, 1993 and 1998 - which referred to changes within perception of the reality, to changes in consciousness of the Polish society and, finally, to changes in adapting strategies o f this society within the period of radical reconstruction of economic and political system of the country. New order has created many quite new chances but, in the same time, has deprived many people of hitherto existing assurances and became a source of great number of threats. Poles are characterised with many-sidedness, plurality and instrumentalisation of their life-strategies; among them - old strategies (i.e. known under former system) get mixed and necessarily broken by strategies of new kind which are a result of acceptation or - at least - o f adapting to the rules typical for new order. Polish society is nowadays much more reflective than once (so, it is constantly considering what is really going on and - what could be done indeed) and the fact is that it is a society which is having recourse to a steady comparison of itself (principally - with Western culture and economies). Furthermore, Poles are a society which is rather quite impatient; they desire to quickly touch positive effects of changes introduced and, of course, of their own relinquishments suffered on this occasion. Lack o f rapid results in this matter can on one hand lead to stimulate increased activity of an individual but, on the other, pushes often to frustration and discouragement, too.Item PRAWOZNAWSTWO POMIĘDZY TECHNE I EPISTEME. UWAGI W ZWIĄZKU Z PRACĄ M. ZIRK-SADOWSKIEGO, PRAWO A UCZESTNICZENIE W KULTURZE(Wydział Prawa i Administracji UAM, 1999) Kozak, ArturItem PRZEGLĄD PIŚMIENNICTWA(Wydział Prawa i Administracji UAM, 1999) Hołowiński, Jan T.Janusz Gilas, Prawo międzynarodowe gospodarcze (na okładce: Międzynarodowe prawo gospodarcze), Wyd. Branta, Bydgoszcz 1998, ss. 268.Item PRZEGLĄD PIŚMIENNICTWA(Wydział Prawa i Administracji UAM, 1999) Łabno, AnnaBogusław Banaszak, Prawo konstytucyjne, Wydawnictwo C. H. Beck, Warszawa 1999, ss. 631.Item BOHDAN WINIARSKI JAKO SĘDZIA MIĘDZYNARODOWY(Wydział Prawa i Administracji UAM, 1999) Skubiszewskie, KrzysztofIn his memories the Author presented judicial career of Bohdan Winiarski - member of the International Court of Justice in the Hague (1946 -1967), then President of this Court (1961 -1964), also - the representative of Poland in the Assembly of the League o f Nations (1920 - 1922). Against this background the Author discusses opinions of Winiarski on international arbitration and international judicature as well as participation of this eminent jurist in Polish-German action at law on the matters on the Odra River (1921) and in the Korfu case (1946 - 1948), also - in the Bamadotte case, in the affairs of South-West Africa and in the case of Anglo-Iranian oil company. Also the opinions of Winiarski on the issue of interpretation o f the United Nations Charter are cited in the article. The Author gives also a review of some chosen advisory opinions and decisions as to the merits as taken by the International Court of Justice during the period of Winiarskis’ term of office.Item PRZEGLĄD PIŚMIENNICTWA(Wydział Prawa i Administracji UAM, 1999) Żak, MaciejExchange-Rate Policies for Emerging Market Economies, red. R. J. Sweeney, C. S. Wihlborg, T. D. Willett, Westview Press, A Member of the Perseus Books Group, Boulder 1999, ISBN 0-8133-3019-X, ss. 391.Item NAUKA PRAWA W ŻYCIU I DZIAŁALNOŚCI BOHDANA WINIARSKIEGO(Wydział Prawa i Administracji UAM, 1999) Sandorski, JanThe article is a biographical record of the course of life and scientific activity of Bohdan Winiarski (1884 - 1969). Reminding the lecturer a character o f Professor Winiarski - the Author emphasises his merits in quality of member of the International Court o f Justice and of the Institute of International Law. He recalls next issues o f interest and personal engagement of this eminent expert in international law - not only as a jurist but also as a politician (among others - armed conflict between the Soviet Union and Finland is here recalled). Drawing briefly up the vicissitudes of Winiarski, the Author cites chronologically his successive achievements, most important publications and opinions on the then virtual legal problems of international nature. Largely are also discusses opinions of Winiarski on didactic matters of international law with emphasis laid on the attention which Winiarski had attached to defence of interests of the Polish nation under difficult circumstances of the period between the two world wars (and more especially - against the background of growing conflict between Germany and Russia during thirties).Item POJĘCIE LEGALNOŚCI W ORZECZNICTWIE TRYBUNAŁU KONSTYTUCYJNEGO(Wydział Prawa i Administracji UAM, 1999) Drewniak, AgnieszkaThe Constitutional Tribunal as the organ brought into being to examine a conformity of the law with the Constitution - focuses first of all on verifying formal exigencies of legality and only when, after such a research, it occurs that all formal criteria were met - proceeds to examine a contents itself of questioned legal act from the point of view of its conformity with the Constitution. Such a mode of proceeding is a consequence of the conception o f law which is adopted in our system. According to this conception the law itself determines what kinds of general legal acts can be admitted and, secondly, what organs are competent for to vote them. Analysis of the hitherto acquired experience in taking judicial decisions by the Constitutional Tribunal is being illustrated by the Author with examples of several chosen cases decided by this organ; fragments of written decisions are cited as well as those of opinions formulated by the Constitutional Tribunal on legality o f Polish legislative acts.Item PRZEGLĄD PIŚMIENNICTWA(Wydział Prawa i Administracji UAM, 1999) Kobusiewicz, Barbara; Mizerka, JacekMagdalena Jarzemowska, Kształtowanie struktury kapitału w spółkach akcyjnych, Wydawnictwo Naukowe PWN, Warszawa 1999, ss. 191.Item ŚWIADCZENIA Z POMOCY SPOŁECZNEJ A OBOWIĄZKI ALIMENTACYJNE CZŁONKÓW RODZINY(Wydział Prawa i Administracji UAM, 1999) Andrzejewski, MarekThe Author analyses decisions taken by social assistance institutions and respective appellate agencies; decisions issued by courts where an obligation to pay alimony was involved and, finally, utterances of the doctrine representatives in this matter. The Author is critical about presently preferred model o f social policy and about its practical functioning; respective legal regulations in the Constitutions from 1997 are also discussed as well as those in the law on social assistance (1990) and those comprised in presently in force Family and Guardianship Code. Also mutual relations between Polish law on alimony payment (and other laws concerning family matters) and the practice of social assistance are appreciated by the Author who is having, on this occasion, recourse to the examples of verdicts issued by the Supreme Court of the Republic o f Poland.Item ORZECZNICTWO TRYBUNAŁU SPRAWIEDLIWOŚCI WSPÓLNOT EUROPEJSKICH DOTYCZĄCE KONWENCJI BRUKSELSKIEJ A KONWENCJA Z LUGANO(Wydział Prawa i Administracji UAM, 1999) Włosińska, AleksandraThe Author confronts two international legal acts - the Convention signed in Brussels on September 27,1968, and the Convention signed in Lugano on September 16, 1988 - both relating to legal system o f the European Economic Communities and of the European Free Trade Association (EFTA) The texts of the two documents are related first of all to: the range of jurisdiction of courts, the recognition of judicial decisions taken by foreign courts, a simplification of proceedings at a court, the executability of foreign judicial decisions, the interdiction of re-examining foreign judicial decision as in its merits. Next the Author analyses judicial decisions of the Court o f Justice o f European Communities as being fundamental mean serving for univocal interpretation of the Brussels Convention and then also the controversies among the States-members of the EFTA because of competence of the Tribunal against the background of provisions of the Lugano Convention (being done that this Tribunal is an organ of European Communities and not of the EFTA). Finally, the Author id occupied with application of the Lugano Convention by courts of States being not EFTA members.Item PRZEGLĄD PIŚMIENNICTWA(Wydział Prawa i Administracji UAM, 1999) Ratajczak, MarekRozwój infrastruktury transportu, pod red. Krystyny Wojewódzkiej-Król, Wydawnictwo Uniwersytetu Gdańskiego, Gdańsk 1999, ss. 340.Item AKTUALNE PROBLEMY MIĘDZYNARODOWEGO HANDLU BRONIĄ W ŚWIETLE PRAWA MIĘDZYNARODOWEGO I PRAWA WEWNĘTRZNEGO RP(Wydział Prawa i Administracji UAM, 1999) Heleniak, PawełInternational weapons trade is a domain which causes much troubles with every temptation to regulate this activity on international scale. It is clearly visible on the occasion of preparatory works on creating „New Forum” organisation. Hitherto existing regulations on the matter occurred to be insufficient in this respect. Single interdictions laid on the export of weapons issued by the Security Council of the United Nations seem to be rather dictated by some urgent necessity of a given moment than by serious intention or will to get a control over trading of weapons all over the world. No rules nor premises are up to the present elaborated for the puipose of sanctioning such a trading. In the light of recent events in Kosovo we can clearly see that the embargo laid on delivery of weapons was considered exclusively as an element of politics and not as a mean possible preventing the armed conflict. Nevertheless there is a consensus of the Security Council members (especially - of the permanent) on the existing o f a possibility to introduce interdictions of export o f weapons on large international scale. This consensus should become a starting point for to undertake efforts in order to create global system o f supervising and, eventually, of regulating the weapons traffic in the world.