Interest in Alternative Dispute Resolution (ADR) is a relatively recent development in the EU. In the broadest sense ADR is an alternative to the entire administration of justice by courts of law. This paper focusses on the selected aspects of alternative dispute resolution in the context of the jurisprudence of the Court of Justice. This paper claims that in the EU a new, integrated system of alternative dispute resolution is being formed based on a uniform set of rules that influences the evolution and development of mediations in Member States independently of the Member States’ previous experiences in this field. Therefore, the objective of this paper is to analyse not only EU laws, but also rulings of the Court of Justice which are still scarce in this respect. However, CJ rulings provide guidance on the interpretation of issues that are new to Member States, and that led to certain infringements in the initial period of implementation of the EU law in the area concerned.
{"title":"Evolution of Alternative Dispute Resolution in the Law of the European Union – considerations in the context of the jurisprudence of the Court of Justice","authors":"Marta Pietras-Eichberger","doi":"10.16926/gea.2022.01.11","DOIUrl":"https://doi.org/10.16926/gea.2022.01.11","url":null,"abstract":"Interest in Alternative Dispute Resolution (ADR) is a relatively recent development in the EU. In the broadest sense ADR is an alternative to the entire administration of justice by courts of law. This paper focusses on the selected aspects of alternative dispute resolution in the context of the jurisprudence of the Court of Justice. This paper claims that in the EU a new, integrated system of alternative dispute resolution is being formed based on a uniform set of rules that influences the evolution and development of mediations in Member States independently of the Member States’ previous experiences in this field. Therefore, the objective of this paper is to analyse not only EU laws, but also rulings of the Court of Justice which are still scarce in this respect. However, CJ rulings provide guidance on the interpretation of issues that are new to Member States, and that led to certain infringements in the initial period of implementation of the EU law in the area concerned.","PeriodicalId":166701,"journal":{"name":"Gubernaculum et Administratio","volume":"35 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":"132279258","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 discusses the issues of the so-called complaints about irregularities in the register of voters and the list of voters, regulated in the provisions of the Act of 5 January 2011, the Election Code. The considerations focused on the legal nature of the decision of the commune head (mayor, city president) made as a result of the admissibility of lodging such a complaint by anyone. These decisions of administrative courts were cited, in which opposing positions were expressed regarding the admissibility of applying the provisions of the Act – Code of Administrative Procedure to various procedural issues on the basis of complaint proceedings and discussed in detail in the aspect of the main problem raised in the article. The author argues that the provisions of the Code of Administrative Procedure will not apply to these proceedings, and the decisions of commune heads or other authorized entities made in response to complaints are not administrative decisions.
{"title":"Complaints about irregularities in the electoral register and the voter list – selected remarks against the background of jurisprudence","authors":"Robert Sawuła","doi":"10.16926/gea.2021.02.22","DOIUrl":"https://doi.org/10.16926/gea.2021.02.22","url":null,"abstract":"The article discusses the issues of the so-called complaints about irregularities in the register of voters and the list of voters, regulated in the provisions of the Act of 5 January 2011, the Election Code. The considerations focused on the legal nature of the decision of the commune head (mayor, city president) made as a result of the admissibility of lodging such a complaint by anyone. These decisions of administrative courts were cited, in which opposing positions were expressed regarding the admissibility of applying the provisions of the Act – Code of Administrative Procedure to various procedural issues on the basis of complaint proceedings and discussed in detail in the aspect of the main problem raised in the article. The author argues that the provisions of the Code of Administrative Procedure will not apply to these proceedings, and the decisions of commune heads or other authorized entities made in response to complaints are not administrative decisions.","PeriodicalId":166701,"journal":{"name":"Gubernaculum et Administratio","volume":"32 2 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":"114152066","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}
Leon Petrażycki and his work are mostly associated with his psychological theory of law according to which a phenomenon of law can be reduced to mental states. However, it should be noticed that law philosophy Petrażycki proposes is conditioned by a specific historiosophical vision. The article is focused on the reconstruction of philosophy of history by Petrażycki. The determinants of the historical process, its course, and the periodization of history used by the Polish researcher were indicated. According to Petrażycki, the history of civilization aims to achieve the state of non-normative, stateless and universalistic social eudaemonia. We can therefore speak of an optimistic and linear-oriented historiosophy. The policy of law, which stimulates the historical process, plays a special role in these considerations.
Leon Petrażycki和他的工作大多与他的法律心理学理论有关，根据他的理论，法律现象可以归结为精神状态。但需要注意的是，Petrażycki所提出的法哲学是以特定的历史哲学视野为条件的。本文主要探讨Petrażycki对历史哲学的重构。波兰研究人员指出了历史进程的决定因素，其过程和历史分期。Petrażycki认为，文明史的目标是实现一种非规范的、无国家的、普遍的社会幸福状态。因此，我们可以说是一种乐观的、线性导向的历史哲学。推动历史进程的法律政策在这些思考中起着特殊的作用。
{"title":"Historiosophical meaning of law based on a case of Leon Ptrażycki’s psychological law theory","authors":"Marcin Tomasiewicz","doi":"10.16926/gea.2022.01.14","DOIUrl":"https://doi.org/10.16926/gea.2022.01.14","url":null,"abstract":"Leon Petrażycki and his work are mostly associated with his psychological theory of law according to which a phenomenon of law can be reduced to mental states. However, it should be noticed that law philosophy Petrażycki proposes is conditioned by a specific historiosophical vision. The article is focused on the reconstruction of philosophy of history by Petrażycki. The determinants of the historical process, its course, and the periodization of history used by the Polish researcher were indicated. According to Petrażycki, the history of civilization aims to achieve the state of non-normative, stateless and universalistic social eudaemonia. We can therefore speak of an optimistic and linear-oriented historiosophy. The policy of law, which stimulates the historical process, plays a special role in these considerations.","PeriodicalId":166701,"journal":{"name":"Gubernaculum et Administratio","volume":"76 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":"114722228","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 issue of decisions made at the end of life relating to the so-called “Right to death”, “death in dignity”, which in the literature on the subject is referred to as end-of-life decision making in the legal and medical space, arouses the interest of lawyers and doctors, and due to the specific gravity of the topic, it is also the subject of public debate. This article presents the issue of end-of-life decision making in health care in the light of the standards of the Council of Europe. The main purpose of the problem outlined in this way will be to analyze the legal admissibility of decisions concerning the end of life at the request of the interested person in the legal and human perspective. The summary indicates that despite the lack of a consensus in contemporary Europe as to the understanding of human rights, and hence the admissibility of active euthanasia and assisted suicide, the situation may change with the increasing emphasis on individual autonomy in medical law.
{"title":"End of life decision making in healthcare in the prism of Council of Europe’s Human Rights Standards","authors":"Daria Bieńkowska","doi":"10.16926/gea.2021.02.24","DOIUrl":"https://doi.org/10.16926/gea.2021.02.24","url":null,"abstract":"The issue of decisions made at the end of life relating to the so-called “Right to death”, “death in dignity”, which in the literature on the subject is referred to as end-of-life decision making in the legal and medical space, arouses the interest of lawyers and doctors, and due to the specific gravity of the topic, it is also the subject of public debate. This article presents the issue of end-of-life decision making in health care in the light of the standards of the Council of Europe. The main purpose of the problem outlined in this way will be to analyze the legal admissibility of decisions concerning the end of life at the request of the interested person in the legal and human perspective. The summary indicates that despite the lack of a consensus in contemporary Europe as to the understanding of human rights, and hence the admissibility of active euthanasia and assisted suicide, the situation may change with the increasing emphasis on individual autonomy in medical law.","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":"129431788","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 concerns enforcement proceedings in administration conducted from the debtor’s bank account. The article discusses the content of the applicable legal norms, the jurisprudence and the practice of applying the provisions. The article shows current solutions and points to emerging problems. There is emphasized that unauthorized executions, although not a common practice, may lead to a number of problems among citizens, negatively affecting their situation in many respects. The article also presents proposals for regulating a number of aspects. This is to improve the situation of people against whom enforcement is carried out, in particular when (regardless of the reasons) it is unjustified. A number of practical solutions are also proposed here, which, combined with appropriate legal norms, can lead to a significant improvement in the situation of debtors.
{"title":"The debtor’s position in the context of the execution from his bank account during enforcement proceedings in administration – selected issues","authors":"Mateusz Jan Gabryel","doi":"10.16926/gea.2021.02.41","DOIUrl":"https://doi.org/10.16926/gea.2021.02.41","url":null,"abstract":"This article concerns enforcement proceedings in administration conducted from the debtor’s bank account. The article discusses the content of the applicable legal norms, the jurisprudence and the practice of applying the provisions. The article shows current solutions and points to emerging problems. There is emphasized that unauthorized executions, although not a common practice, may lead to a number of problems among citizens, negatively affecting their situation in many respects. The article also presents proposals for regulating a number of aspects. This is to improve the situation of people against whom enforcement is carried out, in particular when (regardless of the reasons) it is unjustified. A number of practical solutions are also proposed here, which, combined with appropriate legal norms, can lead to a significant improvement in the situation of debtors.","PeriodicalId":166701,"journal":{"name":"Gubernaculum et Administratio","volume":"28 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":"125306224","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 paper is to consider whether we are dealing with an information crisis today, and if so, what the crisis indeed is and how does it manifest itself. The authors point out the most important threats arising from the expansion of post-truth in such important areas of public life as elections, functioning of the market mechanisms and historical identity of the nation. They also discuss processes that can be considered as attempts to overcome the crisis. As one of the most controversial initiatives of this kind, is establishing an objective truth through legal intervention, motivated by the conviction of public authorities that mass disinformation essentially undermines public order and threatens other constitutional values.
{"title":"Is a “right to truth” a solution to the contemporary information crisis","authors":"Karol Dobrzeniecki, Arleta Hrehorowicz","doi":"10.16926/gea.2021.02.19","DOIUrl":"https://doi.org/10.16926/gea.2021.02.19","url":null,"abstract":"The purpose of the paper is to consider whether we are dealing with an information crisis today, and if so, what the crisis indeed is and how does it manifest itself. The authors point out the most important threats arising from the expansion of post-truth in such important areas of public life as elections, functioning of the market mechanisms and historical identity of the nation. They also discuss processes that can be considered as attempts to overcome the crisis. As one of the most controversial initiatives of this kind, is establishing an objective truth through legal intervention, motivated by the conviction of public authorities that mass disinformation essentially undermines public order and threatens other constitutional values.","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":"125665323","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":"Succession management – changes in business law in terms of regulated business activity and tax law","authors":"P. Pałach, Pezda Błażej","doi":"10.16926/gea.2019.02.08","DOIUrl":"https://doi.org/10.16926/gea.2019.02.08","url":null,"abstract":"","PeriodicalId":166701,"journal":{"name":"Gubernaculum et Administratio","volume":"18 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":"125688435","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 primary objective of the water protection in the Water Framework Directive No. 2000/60/ EC is to maintain and improve the water environment by achieving good water status. These provisions have been implemented into Polish legislation in the Water Law Act of 2017. These goals are achieved by the use of appropriate legal instruments as a system of water-law approvals, including a permit, notification and legal-water assessment. The subject of the analysis is water-legal assessments as a new legal and administrative instrument of water protection. The aim is to deter-mine the legal nature of water-law assessments and to indicate their role in the protection of surface waters. Obtaining this assessment is required for investments that may affect the possibility of achieving environmental goals. If the planned investment has a positive or no impact on the possibility of achieving the environmental goals, it seems that the legal-water assessment is made. In the case of a negative impact, the obligation to submit documents confirming that all measures are taken to mitigate the negative effects of the impact on the state of water bodies are imposed. In this way, the legislator strengthened the protection of waters by imposing the obligation to meet additional conditions for large-scale investments that have a negative impact on the water environment.
{"title":"Legal-water assessment as a new legal and administrative instrument of surface water protection","authors":"E. Zębek","doi":"10.16926/gea.2021.01.12","DOIUrl":"https://doi.org/10.16926/gea.2021.01.12","url":null,"abstract":"The primary objective of the water protection in the Water Framework Directive No. 2000/60/ EC is to maintain and improve the water environment by achieving good water status. These provisions have been implemented into Polish legislation in the Water Law Act of 2017. These goals are achieved by the use of appropriate legal instruments as a system of water-law approvals, including a permit, notification and legal-water assessment. The subject of the analysis is water-legal assessments as a new legal and administrative instrument of water protection. The aim is to deter-mine the legal nature of water-law assessments and to indicate their role in the protection of surface waters. Obtaining this assessment is required for investments that may affect the possibility of achieving environmental goals. If the planned investment has a positive or no impact on the possibility of achieving the environmental goals, it seems that the legal-water assessment is made. In the case of a negative impact, the obligation to submit documents confirming that all measures are taken to mitigate the negative effects of the impact on the state of water bodies are imposed. In this way, the legislator strengthened the protection of waters by imposing the obligation to meet additional conditions for large-scale investments that have a negative impact on the water environment.","PeriodicalId":166701,"journal":{"name":"Gubernaculum et Administratio","volume":"37 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":"123187198","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 author analyses art. 93.1 of the Constitution of Republic of Poland stating that “Resolutions of the Council of Ministers and orders of the Prime Minister and ministers shall be an internal character and shall bind only those organizational units subordinate to the organ which issues such act”. These internal acts are different from the “sources of universally binding law of the Republic of Poland” which includes: the Constitution, statutes, ratified international agreements, and regulations (art. 87.1 of the Constitution). This dichotomy is generally clear and has a special meaning for protection of citizens’ rights and freedoms in the democratic state of law. However constitutional practice during 25 years reveled existence of the acts which do not belong to one of those two categories. It may open the way de lege fundamentali ferenda to create a new group of legal acts. It is important because some acts of internal character have influenced the situation of the citizens and it should be recognized in the constitutional system.
{"title":"Internal legal acts in the Polish constitutional system","authors":"Magda Tyszkiewicz","doi":"10.16926/gea.2022.01.16","DOIUrl":"https://doi.org/10.16926/gea.2022.01.16","url":null,"abstract":"The author analyses art. 93.1 of the Constitution of Republic of Poland stating that “Resolutions of the Council of Ministers and orders of the Prime Minister and ministers shall be an internal character and shall bind only those organizational units subordinate to the organ which issues such act”. These internal acts are different from the “sources of universally binding law of the Republic of Poland” which includes: the Constitution, statutes, ratified international agreements, and regulations (art. 87.1 of the Constitution). This dichotomy is generally clear and has a special meaning for protection of citizens’ rights and freedoms in the democratic state of law. However constitutional practice during 25 years reveled existence of the acts which do not belong to one of those two categories. It may open the way de lege fundamentali ferenda to create a new group of legal acts. It is important because some acts of internal character have influenced the situation of the citizens and it should be recognized in the constitutional system.","PeriodicalId":166701,"journal":{"name":"Gubernaculum et Administratio","volume":"388 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":"116523303","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 this article is to present the mechanisms by which the Council of Europe influenced the transformation of its standards into the systemic practice of the member states. The legitimacy of taking up this issue is related to the fact that each accession of a new state to membership of the Council turns out to be an excellent opportunity to analyze the path traveled, as well as the consequences of membership in this international organization, both in the context of political changes and transformations in the legal system.
{"title":"Mechanisms of transformation of the Council of Europe standards into the system practice of the Member States","authors":"J. Robel","doi":"10.16926/gea.2022.01.12","DOIUrl":"https://doi.org/10.16926/gea.2022.01.12","url":null,"abstract":"The purpose of this article is to present the mechanisms by which the Council of Europe influenced the transformation of its standards into the systemic practice of the member states. The legitimacy of taking up this issue is related to the fact that each accession of a new state to membership of the Council turns out to be an excellent opportunity to analyze the path traveled, as well as the consequences of membership in this international organization, both in the context of political changes and transformations in the legal system.","PeriodicalId":166701,"journal":{"name":"Gubernaculum et Administratio","volume":"8 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":"125073110","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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