The control of the military is an indispensable element of a democratic government. Author of the article says that the degree and type of such control will vary considerably according to the system of government, historical traditions and also cultural values. The democratic control over the armed forces has two dimensions, which both enhance and promote confidence – building and peace. The domestic dimension implies the primacy of the civilian general interest of the principles of a democracy over the military. The international dimension prohibits in general the threat or use of force against a State. The democratic control of the armed forces is a complex matter. The author has focused in particular on aspects related to the armed forces: ‘traditional’ issues such as military expenditure or military budget and appointment of top commanders and issues which correspond to the change in the role of the armed forces, both at national and international level. Indeed, since the end of the cold war, armed forces have undeniably undergone a profound shift in both the range and focus of their role. This refocusing of defence and security policy in many Council of Europe member States has led to more national participation in international peace missions. Likewise, the changing nature of the threats posed to national security and in particular the rise of international terrorism has resulted in the re-emergence of an international role of the army in many European states, which requires a specific control of the conditions by which a state uses the army in domestic issues.
{"title":"Democratic control over the armed forces in the legal order of the member states of the Council of Europe","authors":"J. Robel","doi":"10.16926/gea.2021.01.04","DOIUrl":"https://doi.org/10.16926/gea.2021.01.04","url":null,"abstract":"The control of the military is an indispensable element of a democratic government. Author of the article says that the degree and type of such control will vary considerably according to the system of government, historical traditions and also cultural values. The democratic control over the armed forces has two dimensions, which both enhance and promote confidence – building and peace. The domestic dimension implies the primacy of the civilian general interest of the principles of a democracy over the military. The international dimension prohibits in general the threat or use of force against a State. The democratic control of the armed forces is a complex matter. The author has focused in particular on aspects related to the armed forces: ‘traditional’ issues such as military expenditure or military budget and appointment of top commanders and issues which correspond to the change in the role of the armed forces, both at national and international level. Indeed, since the end of the cold war, armed forces have undeniably undergone a profound shift in both the range and focus of their role. This refocusing of defence and security policy in many Council of Europe member States has led to more national participation in international peace missions. Likewise, the changing nature of the threats posed to national security and in particular the rise of international terrorism has resulted in the re-emergence of an international role of the army in many European states, which requires a specific control of the conditions by which a state uses the army in domestic issues.","PeriodicalId":166701,"journal":{"name":"Gubernaculum et Administratio","volume":"41 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":"127819210","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 considerations in the article is the issue of the content of parental authority, with particular emphasis on one of its components, namely the care of the child. An analysis of the provisions of the Family and Guardianship Code allows us to assume that the main elements of parental authority are taking care of the child, custody of the child’s property and representing it. Custody of the child’s property is a very important element of parental authority because the child, due to the lack of legal capacity or its limitation, needs the help of its statutory representatives. The statutory representative either performs in person the legal act on behalf of and with legal consequences directly for the child or gives consent to perform it by the minor. In order to ensure the protection of the child’s interests, the legislator introduces certain rules for exercising custody over the child’s property, including the obligation for parents to obtain court permission to perform activities exceeding the scope of day-to-day management, carrying out the property management with due diligence, the principle of an equal standard of living for the family remaining in the household, or the order to make an inventory of the child’s property. The article ends with considerations on the termination of the management and its consequences.
{"title":"Custody of the child’s property","authors":"Agnieszka Gałakan-Halicka","doi":"10.16926/gea.2021.02.27","DOIUrl":"https://doi.org/10.16926/gea.2021.02.27","url":null,"abstract":"The subject of considerations in the article is the issue of the content of parental authority, with particular emphasis on one of its components, namely the care of the child. An analysis of the provisions of the Family and Guardianship Code allows us to assume that the main elements of parental authority are taking care of the child, custody of the child’s property and representing it. Custody of the child’s property is a very important element of parental authority because the child, due to the lack of legal capacity or its limitation, needs the help of its statutory representatives. The statutory representative either performs in person the legal act on behalf of and with legal consequences directly for the child or gives consent to perform it by the minor. In order to ensure the protection of the child’s interests, the legislator introduces certain rules for exercising custody over the child’s property, including the obligation for parents to obtain court permission to perform activities exceeding the scope of day-to-day management, carrying out the property management with due diligence, the principle of an equal standard of living for the family remaining in the household, or the order to make an inventory of the child’s property. The article ends with considerations on the termination of the management and its consequences.","PeriodicalId":166701,"journal":{"name":"Gubernaculum et Administratio","volume":"40 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":"134076907","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":"Glosa do postanowienia SN z dnia 7 października 2020 r., II PK 145/19","authors":"","doi":"10.16926/gea.2022.01.17","DOIUrl":"https://doi.org/10.16926/gea.2022.01.17","url":null,"abstract":"","PeriodicalId":166701,"journal":{"name":"Gubernaculum et Administratio","volume":"161 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":"124518229","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}
One of the sources of banking prudential standards are recommendations issued by the Polish Financial Supervision Authority in the form of attachments to the resolutions it adopts. Article 137 para 1 point 5 of the Banking Law does contain a competence norm in this respect, while indicating that the recommendations relate to good practices of prudent and stable management of banks, but does not regulate the procedure for their development and does not define their legal nature. The article discusses the objective and subjective scope, functions and legal nature of the recommendations. Moreover, the course of issuing recommendations addressed to the banking sector was presented and the scope of participation in this process by other entities, apart from the regulatory body, was determined.
{"title":"The recommendations of the Polish Financial Supervision Authority for the banking sector – scope, legal nature and procedure of their creation","authors":"Katarzyna Kurzępa-Dedo","doi":"10.16926/gea.2022.01.06","DOIUrl":"https://doi.org/10.16926/gea.2022.01.06","url":null,"abstract":"One of the sources of banking prudential standards are recommendations issued by the Polish Financial Supervision Authority in the form of attachments to the resolutions it adopts. Article 137 para 1 point 5 of the Banking Law does contain a competence norm in this respect, while indicating that the recommendations relate to good practices of prudent and stable management of banks, but does not regulate the procedure for their development and does not define their legal nature. The article discusses the objective and subjective scope, functions and legal nature of the recommendations. Moreover, the course of issuing recommendations addressed to the banking sector was presented and the scope of participation in this process by other entities, apart from the regulatory body, was determined.","PeriodicalId":166701,"journal":{"name":"Gubernaculum et Administratio","volume":"25 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":"126261763","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":"Aktualne problemy prawodawstwa w krajach Europy Środkowo-Wschodniej (Międzynarodowa Konferencja Naukowa, Zakopane, 17–18 X 2019)","authors":"Paulina Bieś-Srokosz","doi":"10.16926/gea.2019.02.14","DOIUrl":"https://doi.org/10.16926/gea.2019.02.14","url":null,"abstract":"","PeriodicalId":166701,"journal":{"name":"Gubernaculum et Administratio","volume":"56 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":"121969591","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}
For many years – equally on a global scale, at the European level as well as in Poland – necessary actions have been taken aimed at creating an effective legal framework for nature protection. Nature is protected under international law, European Union law and Polish law. The acts of European law which should be pointed out from the perspective of this article (besides the EU Treaties) are the so-called Birds Directive and Habitats Directive. The Polish Constitution of 2 April 1997 stipulates that the Republic of Poland shall protect the national heritage and ensure environmental protection guided by the principle of sustainable development. In the domestic Polish law, the Act of 16 April 2004 on nature protection constitutes the basic legal act of a statutory rank defining objectives, principles and forms of protection of living and inanimate nature and landscape. The aim of this analysis of selected legal provisions regulating the functioning of national parks in Poland is an attempt to assess whether the existing law effectively protects nature, or whether it is rather a set of demands that are difficult or impossible to implement. This matter is crucial for the existence of such unique areas as the Ojcow National Park. The answer to the question whether the national park – as a form of nature protection – is protected in Poland in an effective way is ambiguous, which is illustrated by numerous examples, several of which are indicated in this article.
{"title":"National park as a legal form of nature protection – analysis of selected issues taking into account the example of the Ojcow National Park","authors":"Paweł du Vall","doi":"10.16926/gea.2021.01.11","DOIUrl":"https://doi.org/10.16926/gea.2021.01.11","url":null,"abstract":"For many years – equally on a global scale, at the European level as well as in Poland – necessary actions have been taken aimed at creating an effective legal framework for nature protection. Nature is protected under international law, European Union law and Polish law. The acts of European law which should be pointed out from the perspective of this article (besides the EU Treaties) are the so-called Birds Directive and Habitats Directive. The Polish Constitution of 2 April 1997 stipulates that the Republic of Poland shall protect the national heritage and ensure environmental protection guided by the principle of sustainable development. In the domestic Polish law, the Act of 16 April 2004 on nature protection constitutes the basic legal act of a statutory rank defining objectives, principles and forms of protection of living and inanimate nature and landscape. The aim of this analysis of selected legal provisions regulating the functioning of national parks in Poland is an attempt to assess whether the existing law effectively protects nature, or whether it is rather a set of demands that are difficult or impossible to implement. This matter is crucial for the existence of such unique areas as the Ojcow National Park. The answer to the question whether the national park – as a form of nature protection – is protected in Poland in an effective way is ambiguous, which is illustrated by numerous examples, several of which are indicated in this article.","PeriodicalId":166701,"journal":{"name":"Gubernaculum et Administratio","volume":"15 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":"127260821","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 purpose of the study is to present the problem of limiting the freedom of economic activity in the light of the jurisprudence of the Constitutional Tribunal of the Republic of Poland. The problematic is of both theoretical and practical significance. On the basis of the quoted jurisprudence of the Constitutional Tribunal, the final conclusions are formulated.
{"title":"Restriction of the freedom of economic activity in the light of the jurisprudence of the Constitutional Tribunal of the Republic of Poland","authors":"Jacek Sobczak","doi":"10.16926/gea.2021.01.06","DOIUrl":"https://doi.org/10.16926/gea.2021.01.06","url":null,"abstract":"The purpose of the study is to present the problem of limiting the freedom of economic activity in the light of the jurisprudence of the Constitutional Tribunal of the Republic of Poland. The problematic is of both theoretical and practical significance. On the basis of the quoted jurisprudence of the Constitutional Tribunal, the final conclusions are formulated.","PeriodicalId":166701,"journal":{"name":"Gubernaculum et Administratio","volume":"22 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":"116946537","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":"Sprawozdanie z konferencji naukowej „Niesamodzielna dorosłość – zadanie dla administracji i państwa”, Wrocław 2021","authors":"Izabela Sowała","doi":"10.16926/gea.2021.01.16","DOIUrl":"https://doi.org/10.16926/gea.2021.01.16","url":null,"abstract":"","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":"131158776","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 aims to present the background of changes in the transition from medieval fief property to more individualized modern model. Conciliarism is considered to be an important factor supporting these changes. The conciliarist idea was presented on the basis of De squaloribus Curiae Romanae by Matthew from Cracow. Fiefdom ownership has been characterized as a legal construct where private legal rights are combined with the prerogatives of public authority. In turn, modern property resembles more structures known from Roman law, which are characterized by far-reaching sovereignty in disposing of property rights. In the course of the argument, it was shown that the issues determining the changes in the area of private law were the conciliarist ideas, such as the superiority of the Ecumenical council’s authority over the pope, the binding of public authority by law, and the separation of private law from the prerogatives of public authority.
{"title":"Conciliaristic sources of the modern legal concepts based on the thought of Matthew from Cracow","authors":"Marcin Tomasiewicz","doi":"10.16926/gea.2021.01.10","DOIUrl":"https://doi.org/10.16926/gea.2021.01.10","url":null,"abstract":"The article aims to present the background of changes in the transition from medieval fief property to more individualized modern model. Conciliarism is considered to be an important factor supporting these changes. The conciliarist idea was presented on the basis of De squaloribus Curiae Romanae by Matthew from Cracow. Fiefdom ownership has been characterized as a legal construct where private legal rights are combined with the prerogatives of public authority. In turn, modern property resembles more structures known from Roman law, which are characterized by far-reaching sovereignty in disposing of property rights. In the course of the argument, it was shown that the issues determining the changes in the area of private law were the conciliarist ideas, such as the superiority of the Ecumenical council’s authority over the pope, the binding of public authority by law, and the separation of private law from the prerogatives of public authority.","PeriodicalId":166701,"journal":{"name":"Gubernaculum et Administratio","volume":"144 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":"131556993","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":"Some comments on the associations of rural housewives","authors":"G. Krawiec","doi":"10.16926/gea.2019.01.03","DOIUrl":"https://doi.org/10.16926/gea.2019.01.03","url":null,"abstract":"","PeriodicalId":166701,"journal":{"name":"Gubernaculum et Administratio","volume":"5 6","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133007053","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}
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