One of the forms of limiting the principle of economic freedom in the Polish legal system is the prohibition of entrepreneurs from pursuing economic activity in certain areas without a permit. The authorizing authority grants the permit to the entrepreneur who meets the conditions required by law. If a permit is required to conduct business activity by civil partnerships, the permit is issued to individual partners of that partnership, and not to the civil partnership itself, because the legislator does not grant the status of an entrepreneur to civil partnerships. This means that in a situation where we have, for example, five partners in a civil partnership, each of them must apply for a permit and bear the costs of its issuance, which in fact will be additional costs incurred for running a business in this organizational and legal form. Therefore, it can be assumed that the legislator treats civil partnerships worse than partnerships under commercial law, for which it is enough to run a business if they have one permit issued for a company.
{"title":"Restrictions on the principle of economic freedom on the example of legal regulations regarding the granting of permits to partnerships","authors":"Anna Wojtkowiak","doi":"10.16926/gea.2021.02.39","DOIUrl":"https://doi.org/10.16926/gea.2021.02.39","url":null,"abstract":"One of the forms of limiting the principle of economic freedom in the Polish legal system is the prohibition of entrepreneurs from pursuing economic activity in certain areas without a permit. The authorizing authority grants the permit to the entrepreneur who meets the conditions required by law. If a permit is required to conduct business activity by civil partnerships, the permit is issued to individual partners of that partnership, and not to the civil partnership itself, because the legislator does not grant the status of an entrepreneur to civil partnerships. This means that in a situation where we have, for example, five partners in a civil partnership, each of them must apply for a permit and bear the costs of its issuance, which in fact will be additional costs incurred for running a business in this organizational and legal form. Therefore, it can be assumed that the legislator treats civil partnerships worse than partnerships under commercial law, for which it is enough to run a business if they have one permit issued for a company.","PeriodicalId":166701,"journal":{"name":"Gubernaculum et Administratio","volume":"69 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117115406","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The subject of the study is the analysis of the features defining remote work, in the light of the Act of 2 March 2020. The act establishes special solutions related to the prevention, counteracting and combating COVID-19, its subsequent amendments and the draft amendment to the Labour Code, the purpose of which is to comprehensively regulate remote work on the basis of this act. The article indicates and discusses the basic structural elements of the currently applicable and the new definition of remote work, against the currently applicable definition of teleworking. In the second part of the study, attention was drawn to the ways of entrusting remote work by agreement between the parties and by order of the employer. The author discusses obligation to consider the employee’s request, the rules for concluding an agreement on the implementation of telework and the conditions for the employee’s withdrawal from remote work and his protection in this situation.
{"title":"Features defining remote work and the procedure for entrusting it, in the light of the Covid Act of 2 March 2020 and the draft Act amending the Labour Code of 2021","authors":"A. Dral","doi":"10.16926/gea.2021.02.20","DOIUrl":"https://doi.org/10.16926/gea.2021.02.20","url":null,"abstract":"The subject of the study is the analysis of the features defining remote work, in the light of the Act of 2 March 2020. The act establishes special solutions related to the prevention, counteracting and combating COVID-19, its subsequent amendments and the draft amendment to the Labour Code, the purpose of which is to comprehensively regulate remote work on the basis of this act. The article indicates and discusses the basic structural elements of the currently applicable and the new definition of remote work, against the currently applicable definition of teleworking. In the second part of the study, attention was drawn to the ways of entrusting remote work by agreement between the parties and by order of the employer. The author discusses obligation to consider the employee’s request, the rules for concluding an agreement on the implementation of telework and the conditions for the employee’s withdrawal from remote work and his protection in this situation.","PeriodicalId":166701,"journal":{"name":"Gubernaculum et Administratio","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117275331","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The study analyzed selected issues related to the scope of human rights and freedoms during the COVID-19 pandemic in Poland and Russia. The author wanted to compare the regulations issued by a Member State of the European Union and a country outside the European Union, often using undemocratic methods of exercising power. The work focuses on research problems related to the principles of protection, the confrontation of individual interests with the public interest, and the impact of the regimes introduced during the COVID-19 pandemic on human rights law in both countries. The thesis of the study is that in the event of a threat to public health, analogous restrictions on human rights are introduced both in an undemocratic country and in a country belonging to international structures identifying with democratic values. The state of the COVID-19 pandemic has exposed, and in some area even contributed to the creation of mechanisms reserved for crisis situations, posing a direct and real threat to public safety and health.
{"title":"Human rights restrictions during the COVID-19 pandemic in Poland and Russia. Legal and comparative aspects","authors":"Marta Pietras-Eichberger","doi":"10.16926/gea.2021.02.35","DOIUrl":"https://doi.org/10.16926/gea.2021.02.35","url":null,"abstract":"The study analyzed selected issues related to the scope of human rights and freedoms during the COVID-19 pandemic in Poland and Russia. The author wanted to compare the regulations issued by a Member State of the European Union and a country outside the European Union, often using undemocratic methods of exercising power. The work focuses on research problems related to the principles of protection, the confrontation of individual interests with the public interest, and the impact of the regimes introduced during the COVID-19 pandemic on human rights law in both countries. The thesis of the study is that in the event of a threat to public health, analogous restrictions on human rights are introduced both in an undemocratic country and in a country belonging to international structures identifying with democratic values. The state of the COVID-19 pandemic has exposed, and in some area even contributed to the creation of mechanisms reserved for crisis situations, posing a direct and real threat to public safety and health.","PeriodicalId":166701,"journal":{"name":"Gubernaculum et Administratio","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129500236","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The article focuses on applicable legal solutions regulating liability for the destruction and damage of a tree. Its main purpose is to show the whole spectrum of doubts that arise in practice, in particular when interpreting the concepts that shape this responsibility. Lack of precision of regulations forces public administration bodies and courts to reach for sophisticated interpretative instruments that allow to rationalize their content and formulate directives adequate to the system assumptions of nature protection law. The author argues that this formula of „legal action” is undesirable and should be temporary, only until the necessary amendment is adopted. Under no circumstances should it become mandatory practice.
{"title":"Conditions for liability for damage or destruction of a tree","authors":"Maciej Kobak","doi":"10.16926/gea.2021.02.32","DOIUrl":"https://doi.org/10.16926/gea.2021.02.32","url":null,"abstract":"The article focuses on applicable legal solutions regulating liability for the destruction and damage of a tree. Its main purpose is to show the whole spectrum of doubts that arise in practice, in particular when interpreting the concepts that shape this responsibility. Lack of precision of regulations forces public administration bodies and courts to reach for sophisticated interpretative instruments that allow to rationalize their content and formulate directives adequate to the system assumptions of nature protection law. The author argues that this formula of „legal action” is undesirable and should be temporary, only until the necessary amendment is adopted. Under no circumstances should it become mandatory practice.","PeriodicalId":166701,"journal":{"name":"Gubernaculum et Administratio","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129758734","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The Supreme Administrative Court dismissed the cassation appeal of the First President of the Supreme Court against the judgment of the Voivodeship Administrative Court in Warsaw, revoking the decision to refuse to sharing the public information. The decision concerned the refusal to sharing information about the civil law contracts concluded by the Supreme Court, due to the protection of personal data and the privacy of natural persons. An important issue in the present case is the possibility of participation in the proceedings of persons whose personal data relates to the application. The dogmatic analysis allows to assume that while such persons cannot participate in the public information sharing procedure, their participation as participants in administrative court proceedings is possible, based on Art. 33 § 2 of the Law on Administrative Court Procedure. The protection of privacy is in the legal interest of these people, even on the basis of Art. 47 of the Constitution.
{"title":"A group of people who can participate in administrative court proceedings regarding access to public information. The gloss approval to the judgment of the Supreme Administrative Court of 4 November 2016, I OSK 1372/15","authors":"Aleksander Kwaśniak","doi":"10.16926/gea.2022.01.07","DOIUrl":"https://doi.org/10.16926/gea.2022.01.07","url":null,"abstract":"The Supreme Administrative Court dismissed the cassation appeal of the First President of the Supreme Court against the judgment of the Voivodeship Administrative Court in Warsaw, revoking the decision to refuse to sharing the public information. The decision concerned the refusal to sharing information about the civil law contracts concluded by the Supreme Court, due to the protection of personal data and the privacy of natural persons. An important issue in the present case is the possibility of participation in the proceedings of persons whose personal data relates to the application. The dogmatic analysis allows to assume that while such persons cannot participate in the public information sharing procedure, their participation as participants in administrative court proceedings is possible, based on Art. 33 § 2 of the Law on Administrative Court Procedure. The protection of privacy is in the legal interest of these people, even on the basis of Art. 47 of the Constitution.","PeriodicalId":166701,"journal":{"name":"Gubernaculum et Administratio","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132076671","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Gwarancje praw jednostki w postępowaniu administracyjnym i sądowoadministracyjnym (Ogólnopolska Konferencja Naukowa, Częstochowa, 8 V 2019)","authors":"Ewa Wójcicka","doi":"10.16926/gea.2019.02.13","DOIUrl":"https://doi.org/10.16926/gea.2019.02.13","url":null,"abstract":"","PeriodicalId":166701,"journal":{"name":"Gubernaculum et Administratio","volume":"93 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134165728","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The article presents the debate that took place between supporters and opponents of popular election of judges in the United States during the so-called “jacksonian democracy” (also called populist democracy) from the early thirties of the 19th century to the outbreak of the Civil War. Starting from the presidency Andrew Jackson, the political fight between mere people represented by the Democratic Party, and the elites whose interests defended the Whigs Party took place in the US. The subject of the dispute has become a demand for a broader participation of the people to exercise power and democratization of the existing oligarchic republic, through the extension of electoral rights and widespread elections as methods of casting most public office. One of the subjects of the dispute during the state constitutional conventions was the issue of popular elections of judges. The implementation of popular election system demanded Democrats emphasizing the importance of democratic legitimacy for the independence of the judiciary and the development of the Judicial Review. Against the popular elections of judges were Whigs convinced that this will lead to the fall of authority of the judiciary and make it subject of Parties' competition. The author indicates that the debate ended with the victory of democrat postulates and introducing the popular election of judges in most states. However, lawyers participating in constitutional conventions, representing both Democrats and Whigs, have introduced a number of institutions ensuring the independence of the judiciary and the possibility of effective implementation of the judicial review. Political changes from the period of Jakcson’s democracy have contributed to raising the authority of the judges and strengthened the role of judiciary in the American political system.
{"title":"Dispute on a Popular Election of Judges in American Public Discourse during Period of “Jacksonian Democracy”","authors":"Jacek Srokosz","doi":"10.16926/gea.2021.01.07","DOIUrl":"https://doi.org/10.16926/gea.2021.01.07","url":null,"abstract":"The article presents the debate that took place between supporters and opponents of popular election of judges in the United States during the so-called “jacksonian democracy” (also called populist democracy) from the early thirties of the 19th century to the outbreak of the Civil War. Starting from the presidency Andrew Jackson, the political fight between mere people represented by the Democratic Party, and the elites whose interests defended the Whigs Party took place in the US. The subject of the dispute has become a demand for a broader participation of the people to exercise power and democratization of the existing oligarchic republic, through the extension of electoral rights and widespread elections as methods of casting most public office. One of the subjects of the dispute during the state constitutional conventions was the issue of popular elections of judges. The implementation of popular election system demanded Democrats emphasizing the importance of democratic legitimacy for the independence of the judiciary and the development of the Judicial Review. Against the popular elections of judges were Whigs convinced that this will lead to the fall of authority of the judiciary and make it subject of Parties' competition. The author indicates that the debate ended with the victory of democrat postulates and introducing the popular election of judges in most states. However, lawyers participating in constitutional conventions, representing both Democrats and Whigs, have introduced a number of institutions ensuring the independence of the judiciary and the possibility of effective implementation of the judicial review. Political changes from the period of Jakcson’s democracy have contributed to raising the authority of the judges and strengthened the role of judiciary in the American political system.","PeriodicalId":166701,"journal":{"name":"Gubernaculum et Administratio","volume":"67 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124858303","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Prostitution as a phenomen is very often a controversial issue which is the basis for legal, social and psychological discussion. Consequently, there are many legal systems of prostitution as a response to the exploitation of prostitution. In Poland, there is an abolitionist system, which the demands are implemented by Polish criminal law while taking into account international legal acts. The presentation of crimes of exploitation of prostitution in Polish criminal law in relation to international regulations presents the level of complexity of the problem of exploitation of prostitution.
{"title":"The issue of exploitation of prostitution – Polish criminal law in relation to international regulations","authors":"L. Mirowska","doi":"10.16926/gea.2022.01.09","DOIUrl":"https://doi.org/10.16926/gea.2022.01.09","url":null,"abstract":"Prostitution as a phenomen is very often a controversial issue which is the basis for legal, social and psychological discussion. Consequently, there are many legal systems of prostitution as a response to the exploitation of prostitution. In Poland, there is an abolitionist system, which the demands are implemented by Polish criminal law while taking into account international legal acts. The presentation of crimes of exploitation of prostitution in Polish criminal law in relation to international regulations presents the level of complexity of the problem of exploitation of prostitution.","PeriodicalId":166701,"journal":{"name":"Gubernaculum et Administratio","volume":"1998 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128231746","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Beneficiaries of subsidies granted from the Church Fund in 2016–2018","authors":"Łukasz Bernaciński, J. Wojtasik","doi":"10.16926/gea.2019.01.06","DOIUrl":"https://doi.org/10.16926/gea.2019.01.06","url":null,"abstract":"","PeriodicalId":166701,"journal":{"name":"Gubernaculum et Administratio","volume":"31 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126875644","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This article mentions the issue of an application of the anti-accumulation clause in criminal procedure to public-law liabilities. The author’s view is critical to the argumentation presented by the Supreme Court. The assumption made in this resolution can lead to double punishment for the same behaviour and does not distinguish the situation between perpetrators, depending on the character of commited injury not the forbidden act. The statement presented in the sentence also raises doubts form the civil law perspective and does not see the position of the victim.
{"title":"The application of the anti-accumulation clause in criminal procedure to public – law liabilities – some remarks based on the resolution of Supreme Court no. I KZP 15/16","authors":"Milena Garwol","doi":"10.16926/gea.2021.02.28","DOIUrl":"https://doi.org/10.16926/gea.2021.02.28","url":null,"abstract":"This article mentions the issue of an application of the anti-accumulation clause in criminal procedure to public-law liabilities. The author’s view is critical to the argumentation presented by the Supreme Court. The assumption made in this resolution can lead to double punishment for the same behaviour and does not distinguish the situation between perpetrators, depending on the character of commited injury not the forbidden act. The statement presented in the sentence also raises doubts form the civil law perspective and does not see the position of the victim.","PeriodicalId":166701,"journal":{"name":"Gubernaculum et Administratio","volume":"69 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121111408","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
京公网安备 11010802042870号
京ICP备2023020795号-1
扫码关注我们
求助内容：
应助结果提醒方式：