{"title":"Statutory conditions for the participation of a prosecutor in civil proceedings","authors":"Aleksander Zacharko","doi":"10.16926/gea.2022.01.18","DOIUrl":"https://doi.org/10.16926/gea.2022.01.18","url":null,"abstract":"","PeriodicalId":166701,"journal":{"name":"Gubernaculum et Administratio","volume":"61 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":"121807160","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 admissibility of applying an administrative decision will be limited if this procedural form cannot be used in certain situations – where the legislator has excluded the possibility of issuing an administrative decision and replaced it with other non-procedural activities – material and technical activities. This limitation will also occur in the case of the so-called administrative power shifted in time, where the individual with his substantive legal activity will shape his entitlement – without the necessity of imperious interference by public administration bodies.
{"title":"Limiting the admissibility of the form of an administrative decision","authors":"Jakub Szremski","doi":"10.16926/gea.2021.01.08","DOIUrl":"https://doi.org/10.16926/gea.2021.01.08","url":null,"abstract":"The admissibility of applying an administrative decision will be limited if this procedural form cannot be used in certain situations – where the legislator has excluded the possibility of issuing an administrative decision and replaced it with other non-procedural activities – material and technical activities. This limitation will also occur in the case of the so-called administrative power shifted in time, where the individual with his substantive legal activity will shape his entitlement – without the necessity of imperious interference by public administration bodies.","PeriodicalId":166701,"journal":{"name":"Gubernaculum et Administratio","volume":"42 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":"123754442","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 dispute over the acceptability of abortion has been known to the world for thousands of years. There are still no objective premises by which the dispute could be resolved. However, this is not the main problem. The real problem is, that there is no field for conversation on this matter in which both pro-life and pro-choice adherents can feel comfortable with. The author of this article believes, that the lack of a common language is the source of this problem. Clear absence of a common understanding of individual concepts (key to the dispute) in both social discussions and in legal doctrine, causes constant misunderstandings and constantly progressing polarization of views. This polarization is definitely not conducive to the development of a good and safe legal order, which representatives of both sides (pro-life and pro-choice) could be content with.
{"title":"Dyskurs wokół aborcji – analiza teoretyczno-prawna","authors":"P. Szecówka","doi":"10.16926/gea.2022.01.13","DOIUrl":"https://doi.org/10.16926/gea.2022.01.13","url":null,"abstract":"The dispute over the acceptability of abortion has been known to the world for thousands of years. There are still no objective premises by which the dispute could be resolved. However, this is not the main problem. The real problem is, that there is no field for conversation on this matter in which both pro-life and pro-choice adherents can feel comfortable with. The author of this article believes, that the lack of a common language is the source of this problem. Clear absence of a common understanding of individual concepts (key to the dispute) in both social discussions and in legal doctrine, causes constant misunderstandings and constantly progressing polarization of views. This polarization is definitely not conducive to the development of a good and safe legal order, which representatives of both sides (pro-life and pro-choice) could be content with.","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":"127453160","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":"Children’s Rights Indicated in the Declaration of the Rights of the Child","authors":"Patrycja Sołtysiak","doi":"10.16926/gea.2019.02.09","DOIUrl":"https://doi.org/10.16926/gea.2019.02.09","url":null,"abstract":"","PeriodicalId":166701,"journal":{"name":"Gubernaculum et Administratio","volume":"20 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":"133094635","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 aim of this paper is to analyse Constitutional Act 1/2020, which amends norms contained in Articles 56, 57 and 59 of the Italian Constitution (about composition and functioning of the Parliament), the effects of this reform on the Italian constitutional system and the proposals to reform parliamentary regulations in order to adapt these regulatory sources to the recent constitutional revision that reduced the number of members of Parliament. In particular, it is intended to ascertain whether these proposals go in the direction of an organic reform of the regulations or whether, on the contrary, they are merely adjustments. The reduction in the number of parliamentarians will become effective from the beginning of the next legislature but debate that preceded the referendum vote was particularly intense. Therefore, the doctrine has identified several critical issues related to the principles of representativeness and democracy, the essence of the Italian constitutional system, critical issues that seem to have an in-depth origin.
{"title":"The constitutional reform of the Italian Parliament. Effects and issues of the law 19 October 2020 No. 1","authors":"A. Kamińska","doi":"10.16926/gea.2022.01.05","DOIUrl":"https://doi.org/10.16926/gea.2022.01.05","url":null,"abstract":"The aim of this paper is to analyse Constitutional Act 1/2020, which amends norms contained in Articles 56, 57 and 59 of the Italian Constitution (about composition and functioning of the Parliament), the effects of this reform on the Italian constitutional system and the proposals to reform parliamentary regulations in order to adapt these regulatory sources to the recent constitutional revision that reduced the number of members of Parliament. In particular, it is intended to ascertain whether these proposals go in the direction of an organic reform of the regulations or whether, on the contrary, they are merely adjustments. The reduction in the number of parliamentarians will become effective from the beginning of the next legislature but debate that preceded the referendum vote was particularly intense. Therefore, the doctrine has identified several critical issues related to the principles of representativeness and democracy, the essence of the Italian constitutional system, critical issues that seem to have an in-depth origin.","PeriodicalId":166701,"journal":{"name":"Gubernaculum et Administratio","volume":"27 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":"123370428","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 study systematises and analyses one of the most important instruments of communications competition management in Hungary, “market regulation”, on the basis of public administration theory. In this context, it discusses in detail the basic theoretical issues of communications market regulation and market competition, the conceptual elements of ex ante asymmetric competition management, including the connections between general competition management and special communications competition management. The study systematises the tools of Hungarian communications market regulation, procedure types and the concept of significant market power in communications management on a scientific basis, and discusses the relevant enforcement practice in detail.
{"title":"The history, basic institutions and theoretical hubs of Hungarian communications market regulation","authors":"András Lapsánszky","doi":"10.16926/gea.2021.01.02","DOIUrl":"https://doi.org/10.16926/gea.2021.01.02","url":null,"abstract":"This study systematises and analyses one of the most important instruments of communications competition management in Hungary, “market regulation”, on the basis of public administration theory. In this context, it discusses in detail the basic theoretical issues of communications market regulation and market competition, the conceptual elements of ex ante asymmetric competition management, including the connections between general competition management and special communications competition management. The study systematises the tools of Hungarian communications market regulation, procedure types and the concept of significant market power in communications management on a scientific basis, and discusses the relevant enforcement practice in detail.","PeriodicalId":166701,"journal":{"name":"Gubernaculum et Administratio","volume":"91 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":"126168776","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 asks a question about the influence of historiosophy on how the notion of justice is understood in Greek and Roman philosophy of law. Historiosophy, named also the philosophy of history, has been defined as an effort to explain general history in categories of sense and aim by proving that there is a general rule leading the historical process. In the course of the discussion there are two such historiosophical rules presented. Chronologically, the first of them is Homeric Moirai, which throughout the development of the Greek philosophy has been replaced by a notion of providence. Moirai was the rule of destiny controlling destinies of both men and gods. In this approach, justice was understood as a certain “share” or “allocation”, seen as a role given to each person who needed to play it in history. The same content element was included in the notion of providence. In the philosophy of stoics providence was the ordering force that created nature and at the same time constituted an indirect source of justice and law.
{"title":"The Idea of Justice in Historiosophy of Antiquity","authors":"Marcin Tomasiewicz","doi":"10.16926/gea.2021.02.37","DOIUrl":"https://doi.org/10.16926/gea.2021.02.37","url":null,"abstract":"The article asks a question about the influence of historiosophy on how the notion of justice is understood in Greek and Roman philosophy of law. Historiosophy, named also the philosophy of history, has been defined as an effort to explain general history in categories of sense and aim by proving that there is a general rule leading the historical process. In the course of the discussion there are two such historiosophical rules presented. Chronologically, the first of them is Homeric Moirai, which throughout the development of the Greek philosophy has been replaced by a notion of providence. Moirai was the rule of destiny controlling destinies of both men and gods. In this approach, justice was understood as a certain “share” or “allocation”, seen as a role given to each person who needed to play it in history. The same content element was included in the notion of providence. In the philosophy of stoics providence was the ordering force that created nature and at the same time constituted an indirect source of justice and law.","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":"114453683","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 deals with standards of professional preparation of doctors in the scope of speaking and writing Polish. The thesis of the article is that this requirement is one of the elements of professional preparation which is not limited to knowledge but includes specific skills. Defining the threshold of minimum linguistic competence is a subtle matter. The study draws attention to the necessity of pragmatic approach to these requirements to the extent necessary to practice as a doctor or dentist. From the point of view of the doctor’s rights, a lot depends on the procedure of verifying the command of Polish language. Therefore, attention was paid to the jurisprudence of administrative courts in this area.
{"title":"Knowledge of the Polish language and the right to practice as a medical doctor. Notes on the margin of administrative court decisions","authors":"Michał Bartoszewicz","doi":"10.16926/gea.2021.02.17","DOIUrl":"https://doi.org/10.16926/gea.2021.02.17","url":null,"abstract":"The article deals with standards of professional preparation of doctors in the scope of speaking and writing Polish. The thesis of the article is that this requirement is one of the elements of professional preparation which is not limited to knowledge but includes specific skills. Defining the threshold of minimum linguistic competence is a subtle matter. The study draws attention to the necessity of pragmatic approach to these requirements to the extent necessary to practice as a doctor or dentist. From the point of view of the doctor’s rights, a lot depends on the procedure of verifying the command of Polish language. Therefore, attention was paid to the jurisprudence of administrative courts in this area.","PeriodicalId":166701,"journal":{"name":"Gubernaculum et Administratio","volume":"98 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":"128228159","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}
Social assistance as an institution of social policy of the state grows out of the normative system proper to a given society. It is the last link in the social policy established to provide assistance to all those who find themselves in a difficult life situation. As an institution it also has an organized structure of activities aimed at providing multidirectional support. This text is an overview and its aim is to show the functioning of social assistance in Poland in the period of systemic transformation in the context of legal and organizational framework.
{"title":"Social assistance as an institution of social policy. Legal and organizational analysis","authors":"M. Łojko","doi":"10.16926/gea.2022.01.08","DOIUrl":"https://doi.org/10.16926/gea.2022.01.08","url":null,"abstract":"Social assistance as an institution of social policy of the state grows out of the normative system proper to a given society. It is the last link in the social policy established to provide assistance to all those who find themselves in a difficult life situation. As an institution it also has an organized structure of activities aimed at providing multidirectional support. This text is an overview and its aim is to show the functioning of social assistance in Poland in the period of systemic transformation in the context of legal and organizational framework.","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":"127932236","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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