The current article presents the findings of research on the case-law of the CJEU in the area of asylum and return migration law concerning protection of migrants’ rights. The analyzed case-law concerns proceedings from the period after the escalation of the European migration crisis in April 2015. The presented study seeks to answer the question about the existence of a juridical standard for the protection of the right to migration security. The analysis also includes the examination of the relation between the necessity of providing security in migration processes and the obligation to ensure the protection of migrants’ fundamental rights.
{"title":"The Role of the CJEU in Ensuring Migrants’ Security – Analysis of the Post-Crisis Case-Law","authors":"A. Kosińska","doi":"10.31743/recl.4830","DOIUrl":"https://doi.org/10.31743/recl.4830","url":null,"abstract":"The current article presents the findings of research on the case-law of the CJEU in the area of asylum and return migration law concerning protection of migrants’ rights. The analyzed case-law concerns proceedings from the period after the escalation of the European migration crisis in April 2015. The presented study seeks to answer the question about the existence of a juridical standard for the protection of the right to migration security. The analysis also includes the examination of the relation between the necessity of providing security in migration processes and the obligation to ensure the protection of migrants’ fundamental rights.","PeriodicalId":20823,"journal":{"name":"Recueil des Travaux Chimiques des Pays-Bas","volume":"23 1","pages":"97-120"},"PeriodicalIF":0.0,"publicationDate":"2020-01-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81668382","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}
On 3 June 2016 an international conference on Current Health Law Issues in Central and Eastern Europe took place at the John Paul II Catholic University of Lublin. The conference was organised by the Department of Administrative Law at the Faculty of Law, Canon Law and Administra-tion under the honorary patronage of the European Association of Health Law (EAHL). The aim of the above-mentioned meeting was to create the platform for exchange of experiences and sharing views by researches and experts from the field of health law from post-communist countries where transformation processes caused many changes in the health system, also in the perspective of their EU memberships. The foreign research centres represented at the conference were the Masaryk University in Brno from the Czech Republic, the National Academy of Management in Kiev and the Legislation Institute of Verkhovna Rada of Ukraine from Ukraine, the University of Ljubljana from Slovenia, and the Kauno Kolegija University of Applied Sciences from Lithuania. Polish speakers and other participants derived, among others, from the Medical University of Lublin, the Jagiel-lonian University, the University of Rzeszów and the John Paul II Catholic University of Lublin.
{"title":"CURRENT HEALTH LAW ISSUES IN CENTRAL AND EASTERN EUROPE(LUBLIN, 3 JUNE 2016, CONFERENCE REPORT)","authors":"Katarzyna Mełgieś","doi":"10.31743/recl.5077","DOIUrl":"https://doi.org/10.31743/recl.5077","url":null,"abstract":"On 3 June 2016 an international conference on Current Health Law Issues in Central and Eastern Europe took place at the John Paul II Catholic University of Lublin. The conference was organised by the Department of Administrative Law at the Faculty of Law, Canon Law and Administra-tion under the honorary patronage of the European Association of Health Law (EAHL). The aim of the above-mentioned meeting was to create the platform for exchange of experiences and sharing views by researches and experts from the field of health law from post-communist countries where transformation processes caused many changes in the health system, also in the perspective of their EU memberships. The foreign research centres represented at the conference were the Masaryk University in Brno from the Czech Republic, the National Academy of Management in Kiev and the Legislation Institute of Verkhovna Rada of Ukraine from Ukraine, the University of Ljubljana from Slovenia, and the Kauno Kolegija University of Applied Sciences from Lithuania. Polish speakers and other participants derived, among others, from the Medical University of Lublin, the Jagiel-lonian University, the University of Rzeszów and the John Paul II Catholic University of Lublin.","PeriodicalId":20823,"journal":{"name":"Recueil des Travaux Chimiques des Pays-Bas","volume":"161 1","pages":"225-229"},"PeriodicalIF":0.0,"publicationDate":"2019-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76983856","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 analyses the casus of beating Carthaginian envoys in 188 BC and the effects that this act exerted on the grounds of international law, sacral norms and, at a later time, on the grounds of criminal regulations laid by the Romans. Those issues are analyzed on the basis of the account by Titus Livius (38.42.7) and Valerius Maximus (6.6.3). The analysis demonstrates that emissaries dispatched to other peoples were protected by immunity and it also indicates the way in which envoys were chosen in the republican Rome, as well as the customs related to their reception. It is also presented in the article what types of behaviour might have been perceived as violations of envoys’ immunity and what sanctions were faced by those perpetrating such acts. On the grounds of ius gentium there was a threat of declaring war, which could be averted only if the perpetrator was delivered to the affected community. On the grounds of sacral law, it was assumed that a deed of that nature entailed sacrilegium, and a blame could not be in any way removed from an individual. However, the whole society could be remitted their guilt by delivering the wrongdoer to the injured party. Further, the text analyzes the proceedings in the case of causing bodily harm to Punic envoys – the actions undertaken by the urban praetor and the procedure of delivering the perpetrators (deditio) to Carthaginians, carried out by the fetiales. 1 The article is a result of a research project registered by the number 2016/21/B/ HS5/01843, financed with a grant from the National Science Centre. * PhD – Associate Professor, Department of Roman Law, Faculty of Law, Canon Law and Administration, The John Paul II Catholic University of Lublin.
{"title":"THE CONSEQUENCES OF VIOLATING THE IMMUNITY OF CARTHAGINIAN ENVOYS IN THE LIGHT OF LIV. 38.42.7 AND VAL. MAX. 6.6.3 1","authors":"Izabela Leraczyk","doi":"10.31743/recl.3191","DOIUrl":"https://doi.org/10.31743/recl.3191","url":null,"abstract":"The article analyses the casus of beating Carthaginian envoys in 188 BC and the effects that this act exerted on the grounds of international law, sacral norms and, at a later time, on the grounds of criminal regulations laid by the Romans. Those issues are analyzed on the basis of the account by Titus Livius (38.42.7) and Valerius Maximus (6.6.3). The analysis demonstrates that emissaries dispatched to other peoples were protected by immunity and it also indicates the way in which envoys were chosen in the republican Rome, as well as the customs related to their reception. It is also presented in the article what types of behaviour might have been perceived as violations of envoys’ immunity and what sanctions were faced by those perpetrating such acts. On the grounds of ius gentium there was a threat of declaring war, which could be averted only if the perpetrator was delivered to the affected community. On the grounds of sacral law, it was assumed that a deed of that nature entailed sacrilegium, and a blame could not be in any way removed from an individual. However, the whole society could be remitted their guilt by delivering the wrongdoer to the injured party. Further, the text analyzes the proceedings in the case of causing bodily harm to Punic envoys – the actions undertaken by the urban praetor and the procedure of delivering the perpetrators (deditio) to Carthaginians, carried out by the fetiales. 1 The article is a result of a research project registered by the number 2016/21/B/ HS5/01843, financed with a grant from the National Science Centre. * PhD – Associate Professor, Department of Roman Law, Faculty of Law, Canon Law and Administration, The John Paul II Catholic University of Lublin.","PeriodicalId":20823,"journal":{"name":"Recueil des Travaux Chimiques des Pays-Bas","volume":"24 1","pages":"19-40"},"PeriodicalIF":0.0,"publicationDate":"2018-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81827936","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 issues taxation of employee revenue from the fringe benefits by Personal Income Tax. On the one hand, the employee fringe benefits are identified with a defined benefit and on the other with a non-monetary incentive system. However, the benefits give rise to many doubts and controversies. The reasons for this are the lack of legal definition and the lack of their legal directory. Therefore, the views of the judiciary and decisions of tax authorities indicate for example what can be classified fringe benefits.
{"title":"THE TAXATION OF EMPLOYEE REVENUE FROM THE FRINGE BENEFITS","authors":"Paulina Brejdak","doi":"10.31743/RECL.3228","DOIUrl":"https://doi.org/10.31743/RECL.3228","url":null,"abstract":"The article presents the issues taxation of employee revenue from the fringe benefits by Personal Income Tax. On the one hand, the employee fringe benefits are identified with a defined benefit and on the other with a non-monetary incentive system. However, the benefits give rise to many doubts and controversies. The reasons for this are the lack of legal definition and the lack of their legal directory. Therefore, the views of the judiciary and decisions of tax authorities indicate for example what can be classified fringe benefits.","PeriodicalId":20823,"journal":{"name":"Recueil des Travaux Chimiques des Pays-Bas","volume":"112 3 1","pages":"83-94"},"PeriodicalIF":0.0,"publicationDate":"2018-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79741268","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 value of consultative democracy can not be overestimated, especially considering the local and supra-local administration gradually bringing the resident closer to self-government communities. Therefore, this issue is important and still requires improvement in the area of mutual relations between self-government authorities and residents of communes, districts/departments, voivodeships/ regions. The search for common relations in participating in the management of the self-government community is a current challenge facing the territorial self-government in both legal orders. The comparative perspective in the scope of the functioning of commissions and consultative bodies of an obligatory nature is aimed at getting acquainted with the consultative administration in the territorial self-government in both legal orders and proposing directions of changes to Polish legal regulations in this area to improve the consultative dialogue and its normative tools. 1 Research project carried out at the Faculty of Law, Administration and International Relations at Andrzej Frycz Modrzewski Krakow University financed from funds for statutory activities on the basis of the decision no. WPAiSM/DS/3/2016-KON. * Prof. nadzw. dr hab. Monika Augustyniak, Associate Professor Andrzej Frycz Modrzewski Krakow University, Faculty of Law, Administration and International Relations at Andrzej Frycz Modrzewski Krakow University.
{"title":"OBLIGATORY COMMISSIONS AND CONSULTATIVE BODIES IN LEGISLATIVE BODIES OF TERRITORIAL SELF-GOVERNMENT UNITS IN POLAND AND TERRITORIAL COMMUNITIES IN FRANCE – DIRECTIONS OF CHANGES","authors":"M. Augustyniak","doi":"10.31743/recl.3229","DOIUrl":"https://doi.org/10.31743/recl.3229","url":null,"abstract":"The value of consultative democracy can not be overestimated, especially considering the local and supra-local administration gradually bringing the resident closer to self-government communities. Therefore, this issue is important and still requires improvement in the area of mutual relations between self-government authorities and residents of communes, districts/departments, voivodeships/ regions. The search for common relations in participating in the management of the self-government community is a current challenge facing the territorial self-government in both legal orders. The comparative perspective in the scope of the functioning of commissions and consultative bodies of an obligatory nature is aimed at getting acquainted with the consultative administration in the territorial self-government in both legal orders and proposing directions of changes to Polish legal regulations in this area to improve the consultative dialogue and its normative tools. 1 Research project carried out at the Faculty of Law, Administration and International Relations at Andrzej Frycz Modrzewski Krakow University financed from funds for statutory activities on the basis of the decision no. WPAiSM/DS/3/2016-KON. * Prof. nadzw. dr hab. Monika Augustyniak, Associate Professor Andrzej Frycz Modrzewski Krakow University, Faculty of Law, Administration and International Relations at Andrzej Frycz Modrzewski Krakow University.","PeriodicalId":20823,"journal":{"name":"Recueil des Travaux Chimiques des Pays-Bas","volume":"13 1","pages":"95-113"},"PeriodicalIF":0.0,"publicationDate":"2018-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80874624","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 indicates the norms of law established in the European Union and Poland developed on the basis of the teachings of the Catholic Church, emphasizing the dignity and freedom of religious feelings, the consumer as a human being. The issue has been compared with the controversial advertising campaigns that broadly use religious beliefs of consumers in order to increase their effectiveness. The stimulus to discuss this issue is the intensification of controversial advertisements using religious symbols and cults. This publication also points out the issue of offense of religious feelings in advertising and draws attention to the normative areas of their protection.
{"title":"DIGNITY AND RELIGIOUS FREEDOM AS CONSUMER’S LAW","authors":"A. Snarski","doi":"10.31743/RECL.3225","DOIUrl":"https://doi.org/10.31743/RECL.3225","url":null,"abstract":"The article indicates the norms of law established in the European Union and Poland developed on the basis of the teachings of the Catholic Church, emphasizing the dignity and freedom of religious feelings, the consumer as a human being. The issue has been compared with the controversial advertising campaigns that broadly use religious beliefs of consumers in order to increase their effectiveness. The stimulus to discuss this issue is the intensification of controversial advertisements using religious symbols and cults. This publication also points out the issue of offense of religious feelings in advertising and draws attention to the normative areas of their protection.","PeriodicalId":20823,"journal":{"name":"Recueil des Travaux Chimiques des Pays-Bas","volume":"8 1","pages":"41-61"},"PeriodicalIF":0.0,"publicationDate":"2018-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"72947985","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 is an attempt to analyse the term “patient”, determine his basic rights, as well as draw attention to practices violating collective interests of patients. It also invokes relations of the patient as a consumer, as well as practices violating collective consumer interests. It indicates the patients’ rights and the bodies appointed to protect these rights.
{"title":"PROTECTION OF THE PATIENT AGAINST PRACTICES VIOLATING COLLECTIVE INTERESTS OF CONSUMERS AND COLLECTIVE INTERESTS OF PATIENTS","authors":"P. Jaszczuk","doi":"10.31743/recl.3190","DOIUrl":"https://doi.org/10.31743/recl.3190","url":null,"abstract":"This article is an attempt to analyse the term “patient”, determine his basic rights, as well as draw attention to practices violating collective interests of patients. It also invokes relations of the patient as a consumer, as well as practices violating collective consumer interests. It indicates the patients’ rights and the bodies appointed to protect these rights.","PeriodicalId":20823,"journal":{"name":"Recueil des Travaux Chimiques des Pays-Bas","volume":"30 1","pages":"7-17"},"PeriodicalIF":0.0,"publicationDate":"2018-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73236979","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}
Why does the state have power in the area of education over parents’ wishes? The first reason has already been explained above: these are financial and economic aspects . The second reason is of historical nature . The state has controlled education in general historically . When in the 19th century the idea of public schools was created, the state sponsored such schools . Private schools were in a good condition, since they had their own sponsors or proceeds from pupils’ tuitions . When they lost their self-sustainability, they had to request the state for some support . And, as mentioned above, the state had its interest in controlling the educational system, because it wanted to influence the upbringing process of its citizens and create an ideology, which would help to achieve the government’s goal1 .
{"title":"THE POWER OF STATE, THE RIGHT OF PARENTS, THE RIGHT OF THE CHILD – THE RIGHT TO EDUCATION AS THE RIGHT TO POSSESS CONTROL","authors":"M. Butrymowicz","doi":"10.31743/RECL.3239","DOIUrl":"https://doi.org/10.31743/RECL.3239","url":null,"abstract":"Why does the state have power in the area of education over parents’ wishes? The first reason has already been explained above: these are financial and economic aspects . The second reason is of historical nature . The state has controlled education in general historically . When in the 19th century the idea of public schools was created, the state sponsored such schools . Private schools were in a good condition, since they had their own sponsors or proceeds from pupils’ tuitions . When they lost their self-sustainability, they had to request the state for some support . And, as mentioned above, the state had its interest in controlling the educational system, because it wanted to influence the upbringing process of its citizens and create an ideology, which would help to achieve the government’s goal1 .","PeriodicalId":20823,"journal":{"name":"Recueil des Travaux Chimiques des Pays-Bas","volume":"31 1","pages":"7-32"},"PeriodicalIF":0.0,"publicationDate":"2017-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84461800","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":"THE CONCEPT OF EXTRACTIVE WASTE","authors":"Filip Nawrot","doi":"10.31743/RECL.4065","DOIUrl":"https://doi.org/10.31743/RECL.4065","url":null,"abstract":"","PeriodicalId":20823,"journal":{"name":"Recueil des Travaux Chimiques des Pays-Bas","volume":"48 1","pages":"65-82"},"PeriodicalIF":0.0,"publicationDate":"2017-12-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87580003","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 focuses on selected problems regarding the evolution of the punishment process . The starting point remains the assumption that regardless of the historical period, every palpable form of injustice related to a violation of a certain area of goods has resulted in an intervention approved at the given moment in history . The study notes that in the early pre-state period, seeking a remedy for wrongdoing was a private matter of the victim (or their family or clan) who could in that wayavenge on their own the injustice they had suffered . The process of publicising criminal law that began at the end of the Middle Ages has marginalised the process role of a victim in the possibilities to seek the remedy . However, the vertical criminal law relationship has, over time, changed to some extent . The privatisation of the justice system – especially noticeable nowadays – makes it possible to see that consensual methods of resolving conflicts caused by an offence essentially contributed to the reversal of a certain historical process . That reversal was certainly intended to “reveal” the victim, and thus to return the conflict resulting from the offence to its “owners,” i .e . the perpetrator and the victim .
{"title":"THE VICTIM AS A FORGOTTEN FIGURE IN THE JUSTICE SYSTEM – A FEW REMARKS IN THE LIGHT OF PAST FORMS OF PUNISHMENT","authors":"Agnieszka Kania","doi":"10.31743/recl.4046","DOIUrl":"https://doi.org/10.31743/recl.4046","url":null,"abstract":"This article focuses on selected problems regarding the evolution of the punishment process . The starting point remains the assumption that regardless of the historical period, every palpable form of injustice related to a violation of a certain area of goods has resulted in an intervention approved at the given moment in history . The study notes that in the early pre-state period, seeking a remedy for wrongdoing was a private matter of the victim (or their family or clan) who could in that wayavenge on their own the injustice they had suffered . The process of publicising criminal law that began at the end of the Middle Ages has marginalised the process role of a victim in the possibilities to seek the remedy . However, the vertical criminal law relationship has, over time, changed to some extent . The privatisation of the justice system – especially noticeable nowadays – makes it possible to see that consensual methods of resolving conflicts caused by an offence essentially contributed to the reversal of a certain historical process . That reversal was certainly intended to “reveal” the victim, and thus to return the conflict resulting from the offence to its “owners,” i .e . the perpetrator and the victim .","PeriodicalId":20823,"journal":{"name":"Recueil des Travaux Chimiques des Pays-Bas","volume":"92 1","pages":"33-44"},"PeriodicalIF":0.0,"publicationDate":"2017-12-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83792114","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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