The article presents the platform of functional relations between the legislative body and the executive body of the municipality in the Polish and French legal order . Reflections made in this respect should help improve the model of both bodies of the municipality in the scope of tasks and competences, shaping the platforms of their joint and separate relations . Determining the manner of implementation of tasks and competences of the municipal bodies based on the principle of cooperation should be an aspiration of the legislator to normatively and factually balance the legal status of both municipal bodies . The analysis of the determinants of the functioning of legislative and executive bodies is aimed at proposing directions of changes in their functional relations, in order to increase the efficiency of their operation as the most important determinant of efficient management of the local community .
{"title":"ON FUNCTIONAL RELATIONS BETWEEN MUNICIPAL AUTHORITIES IN POLAND AND FRANCE","authors":"M. Augustyniak","doi":"10.31743/recl.4163","DOIUrl":"https://doi.org/10.31743/recl.4163","url":null,"abstract":"The article presents the platform of functional relations between the legislative body and the executive body of the municipality in the Polish and French legal order . Reflections made in this respect should help improve the model of both bodies of the municipality in the scope of tasks and competences, shaping the platforms of their joint and separate relations . Determining the manner of implementation of tasks and competences of the municipal bodies based on the principle of cooperation should be an aspiration of the legislator to normatively and factually balance the legal status of both municipal bodies . The analysis of the determinants of the functioning of legislative and executive bodies is aimed at proposing directions of changes in their functional relations, in order to increase the efficiency of their operation as the most important determinant of efficient management of the local community .","PeriodicalId":20823,"journal":{"name":"Recueil des Travaux Chimiques des Pays-Bas","volume":"98 1","pages":"111-129"},"PeriodicalIF":0.0,"publicationDate":"2017-12-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85324621","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 changes in recovery the child support and other forms of family maintenance in Polish-American relations after entered into force Convention of 23 November 2007 on the International Recovery of Child Support and Other Forms of Family Maintenance for the United States (1st January 2017) . These changes primarily concern: cooperation between Polish and American Central Authorities, recognition and enforcement of foreign judgments, applications and required documents and legal assistance as well as costs . The 2007 Convention is a hope for maintenance creditors for more effective and faster enforcement of maintenance in the United States and the similarity to the provisions of the Regulation (EU) No 4/2009 gives a chance for unified global cooperation between States in recovery of maintenance, as well as constitutes facilitation for central authorities examining applications EU and non-EU States based on similar principles .
本文涉及2007年11月23日《美国国际追偿子女抚养费和其他形式家庭抚养费公约》(2017年1月1日)生效后，波兰与美国关系中追偿子女抚养费和其他形式家庭抚养费方面的变化。这些变化主要涉及:波兰和美国中央当局之间的合作、承认和执行外国判决、申请和所需文件、法律援助以及费用。2007年公约是赡养费债权人在美国更有效和更快地执行赡养费的希望，并且与法规(EU) No 4/2009的规定相似，为各国在恢复赡养费方面进行统一的全球合作提供了机会，并为中央当局审查基于类似原则的欧盟和非欧盟国家的申请提供了便利。
{"title":"RECOVERY OF MAINTENANCE OBLIGATIONS IN POLISH-AMERICAN RELATIONS – END OF RECIPROCAL PRINCIPLE","authors":"Anna Juryk","doi":"10.31743/recl.4162","DOIUrl":"https://doi.org/10.31743/recl.4162","url":null,"abstract":"This article concerns changes in recovery the child support and other forms of family maintenance in Polish-American relations after entered into force Convention of 23 November 2007 on the International Recovery of Child Support and Other Forms of Family Maintenance for the United States (1st January 2017) . These changes primarily concern: cooperation between Polish and American Central Authorities, recognition and enforcement of foreign judgments, applications and required documents and legal assistance as well as costs . The 2007 Convention is a hope for maintenance creditors for more effective and faster enforcement of maintenance in the United States and the similarity to the provisions of the Regulation (EU) No 4/2009 gives a chance for unified global cooperation between States in recovery of maintenance, as well as constitutes facilitation for central authorities examining applications EU and non-EU States based on similar principles .","PeriodicalId":20823,"journal":{"name":"Recueil des Travaux Chimiques des Pays-Bas","volume":"1 1","pages":"83-109"},"PeriodicalIF":0.0,"publicationDate":"2017-12-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81947803","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}
Recent years have gone down in the history of the Polish constitutional thought with an unprecedented dispute concerning the underlying principles for the activity and statutory position of the Constitutional Tribunal (‘CT’) . Under the dynamics of political events following the 2015 parliamentary elections the initial doubts whether some of the CT judges were appointed correctly turned into the deepest constitutional crisis in the modern history of Poland which ultimately led to decomposition of the entire state system of constitutional control . Finding all of the underlying causes of that crisis would require multifaceted analyses carried out by experts representing various scientific disciplines . Such an undertaking goes far beyond the boundaries of this study . The aim of this sketch is to reconstruct one of the episodes of the so-called Constitutional Tribunal Crisis which is a direct outcome of the appointment of CT judges by the Sejm (Parliament) to replace judges whose terms did not yet expire . This issue is of key importance for the current discussions on the nature and consequences of CT judgments . The presence of unauthorized persons in CT adjudicating panels * The article is a part of a research project financed by the National Science Centre under decision no . DEC–2014/13/B/HS5/01453 (artykuł jest częścią projektu badawczego finansowanego ze środków Narodowego Centrum Nauki przyznanych na podstawie decyzji nr DEC–2014/13/B/HS5/01453) . ** Associate Professor Hab ., PhD, The Institute of Law Studies of the Polish Academy
近年来，波兰宪法思想史上出现了一场前所未有的关于宪法法庭活动和法定地位的基本原则的争论。在2015年议会选举后的政治事件的动态下，最初对一些CT法官是否被正确任命的怀疑转变为波兰现代史上最深刻的宪法危机，最终导致整个国家宪法控制体系的分解。要找到这场危机的所有根本原因，需要代表不同科学学科的专家进行多方面的分析。这样的工作远远超出了本研究的范围。本文的目的是重现所谓宪法法庭危机的一段插曲，这是瑟姆(议会)任命宪法法庭法官以取代任期尚未届满的法官的直接结果。这个问题对于当前关于CT判决的性质和后果的讨论至关重要。未经授权的人员出现在CT评审小组*本文是国家科学中心资助的一项研究项目的一部分。DEC-2014/13 /B/HS5/01453 (artykuowjest częścią projektu badawczego finansowanego ze środków Narodowego Centrum Nauki przyznanych na podstawie decyzji nr DEC-2014/13 /B/HS5/01453)。**波兰科学院法律研究所Hab副教授，博士
{"title":"ON LEGAL CONSEQUENCES OF JUDGEMENTS OF THE POLISH CONSTITUTIONAL TRIBUNAL PASSED BY AN IRREGULAR PANEL","authors":"P. Radziewicz","doi":"10.31743/RECL.4064","DOIUrl":"https://doi.org/10.31743/RECL.4064","url":null,"abstract":"Recent years have gone down in the history of the Polish constitutional thought with an unprecedented dispute concerning the underlying principles for the activity and statutory position of the Constitutional Tribunal (‘CT’) . Under the dynamics of political events following the 2015 parliamentary elections the initial doubts whether some of the CT judges were appointed correctly turned into the deepest constitutional crisis in the modern history of Poland which ultimately led to decomposition of the entire state system of constitutional control . Finding all of the underlying causes of that crisis would require multifaceted analyses carried out by experts representing various scientific disciplines . Such an undertaking goes far beyond the boundaries of this study . The aim of this sketch is to reconstruct one of the episodes of the so-called Constitutional Tribunal Crisis which is a direct outcome of the appointment of CT judges by the Sejm (Parliament) to replace judges whose terms did not yet expire . This issue is of key importance for the current discussions on the nature and consequences of CT judgments . The presence of unauthorized persons in CT adjudicating panels * The article is a part of a research project financed by the National Science Centre under decision no . DEC–2014/13/B/HS5/01453 (artykuł jest częścią projektu badawczego finansowanego ze środków Narodowego Centrum Nauki przyznanych na podstawie decyzji nr DEC–2014/13/B/HS5/01453) . ** Associate Professor Hab ., PhD, The Institute of Law Studies of the Polish Academy","PeriodicalId":20823,"journal":{"name":"Recueil des Travaux Chimiques des Pays-Bas","volume":"54 1","pages":"45-64"},"PeriodicalIF":0.0,"publicationDate":"2017-12-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81868033","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}
Article presents tax preferences in Czech Republic and Poland in the comparative aproach. The aim of the comparative study is to show how particular problems can be tackled by different countries by different measures. Both in Poland and the Czech Republic it is possible to identify common problems in the area of the tax law. One of such problems is an appropriate shape of tax preferences within the income tax contruction. The aim of the present article is to demonstrate how Poland and the Czech Republic, by shaping tax preferences within the construction of the income tax, tackle the problem of the taxpayer’s ability to pay. Further, it is shown how the two countries, by means of tax instruments, supplement their policy in areas as important as pro-family policy, supporting subjects implementing public tasks, the pension system, policy on people with disabilities, and housing policy.
{"title":"TAX PREFERENCES IN THE CZECH AND POLISH PERSONAL INCOME TAXES","authors":"M. Burzec","doi":"10.31743/RECL.4262","DOIUrl":"https://doi.org/10.31743/RECL.4262","url":null,"abstract":"Article presents tax preferences in Czech Republic and Poland in the comparative aproach. The aim of the comparative study is to show how particular problems can be tackled by different countries by different measures. Both in Poland and the Czech Republic it is possible to identify common problems in the area of the tax law. One of such problems is an appropriate shape of tax preferences within the income tax contruction. The aim of the present article is to demonstrate how Poland and the Czech Republic, by shaping tax preferences within the construction of the income tax, tackle the problem of the taxpayer’s ability to pay. Further, it is shown how the two countries, by means of tax instruments, supplement their policy in areas as important as pro-family policy, supporting subjects implementing public tasks, the pension system, policy on people with disabilities, and housing policy.","PeriodicalId":20823,"journal":{"name":"Recueil des Travaux Chimiques des Pays-Bas","volume":"90 1","pages":"89-105"},"PeriodicalIF":0.0,"publicationDate":"2017-09-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84347487","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}
Article presents characteristics of public administration of the Slovak Republic. The first part of article is focused on structure of public administration, with an emphasis on territorial self-government. The second part of article is focused on the budget of territorial self – government, with some aspects of fiscal decentralization. At the end of issue are presented the main conclusions, with the proposal for improvement.
{"title":"SOME ASPECTS OF PUBLIC ADMINISTRATION AND PUBLIC BUDGETING OF THE SLOVAK REPUBLIC","authors":"Jana Džuňová","doi":"10.31743/RECL.4205","DOIUrl":"https://doi.org/10.31743/RECL.4205","url":null,"abstract":"Article presents characteristics of public administration of the Slovak Republic. The first part of article is focused on structure of public administration, with an emphasis on territorial self-government. The second part of article is focused on the budget of territorial self – government, with some aspects of fiscal decentralization. At the end of issue are presented the main conclusions, with the proposal for improvement.","PeriodicalId":20823,"journal":{"name":"Recueil des Travaux Chimiques des Pays-Bas","volume":"355 1","pages":"55-71"},"PeriodicalIF":0.0,"publicationDate":"2017-09-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86325955","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}
Right to (information) privacy and right to personal data protection have many common contact points. However, the very act of developing data protection, as a younger right into the sui generis right shows that these two rights are not the same and that there are differences between them, huge enough to make them separate legal rights. The main trigger for noticing their different nature, purpose and background and for development of the data protection into the separate right was the revolution in the information technology solutions. This IT progress, for the first time, enabled massive and relatively cheap operations with the personal data and brought not only concern about the security of the personal data, but also unbelievable business possibilities. It was the turning point for the codification of the data protection right which started from 1970ies, aiming to create separate rules and legislation which will understand the importance of not only of protecting personal data but of their regulated and lawful usage. Despite all what was said, there is still certain confusion regarding these two rights, mainly because in the initial phase of the massive usage of the new IT solutions, when the data protection legislation still wasn’t developed, information privacy right served as the only legal protection of the data protection right and the relationship between these two rights is complex even today and deserves to be further researched.
{"title":"INTERCONNECTIVITY AND DIFFERENCES OF THE (INFORMATION) PRIVACY RIGHT AND PERSONAL DATA PROTECTION RIGHT N THE EUROPEAN UNION","authors":"Žana Pedić","doi":"10.31743/RECL.4264","DOIUrl":"https://doi.org/10.31743/RECL.4264","url":null,"abstract":"Right to (information) privacy and right to personal data protection have many common contact points. However, the very act of developing data protection, as a younger right into the sui generis right shows that these two rights are not the same and that there are differences between them, huge enough to make them separate legal rights. The main trigger for noticing their different nature, purpose and background and for development of the data protection into the separate right was the revolution in the information technology solutions. This IT progress, for the first time, enabled massive and relatively cheap operations with the personal data and brought not only concern about the security of the personal data, but also unbelievable business possibilities. It was the turning point for the codification of the data protection right which started from 1970ies, aiming to create separate rules and legislation which will understand the importance of not only of protecting personal data but of their regulated and lawful usage. Despite all what was said, there is still certain confusion regarding these two rights, mainly because in the initial phase of the massive usage of the new IT solutions, when the data protection legislation still wasn’t developed, information privacy right served as the only legal protection of the data protection right and the relationship between these two rights is complex even today and deserves to be further researched.","PeriodicalId":20823,"journal":{"name":"Recueil des Travaux Chimiques des Pays-Bas","volume":"35 1","pages":"125-135"},"PeriodicalIF":0.0,"publicationDate":"2017-09-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90598994","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 LIMITATIONS OF RELIGIOUS PRACTICES IN POLISH PRISONS","authors":"Michał Zawiślak","doi":"10.31743/RECL.4263","DOIUrl":"https://doi.org/10.31743/RECL.4263","url":null,"abstract":"","PeriodicalId":20823,"journal":{"name":"Recueil des Travaux Chimiques des Pays-Bas","volume":"48 1","pages":"107-123"},"PeriodicalIF":0.0,"publicationDate":"2017-09-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90164771","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 question of compensation of loss of a chance is relatively rarely debated in the Polish doctrine of the law of tort. One reason for such a state of affairs may be the virtually unanimous opinion of both courts and academic commentators with regard to the permissibility of granting damages for loss of a chance of obtaining a benefit – loss of a chance, traditionally defined as potential harm, does not give rise to damages and falls beyond the scope of Article 361 § 2 of the Polish Civil Code. The paper attempts to show, by reference to the latest experiences of common law jurisdictions, that there exist rational bases for an extension of the notion of harm so that it encompasses loss of a chance where a potential acquisition of a benefit is contingent upon an action of a third party or force majeure, on which the victim has no bearing, subject to the caveat that the victim put an effort into generating the chance in question. In the course of the analysis an attempt will be made to demonstrate, with reference to a selection of factual scenarios considered by Polish courts, that it would be possible to achieve fairer results (whilst avoiding placing unfair compensatory burdens upon the other party) to recognize liability for loss of a chance where the victim put a significant effort into making the chance viable, material, and where, based on ordinary life experience, materialization of such a chance may be considered a natural course of events.
{"title":"SEARCHING FOR A NEW RATIONALE FOR COMPENSATING LOSS OF A CHANCE IN POLISH TORT LAW. LESSONS TO BE LEARNED FROM ENGLAND AND WALES","authors":"P. Sitnik","doi":"10.31743/recl.4164","DOIUrl":"https://doi.org/10.31743/recl.4164","url":null,"abstract":"The question of compensation of loss of a chance is relatively rarely debated in the Polish doctrine of the law of tort. One reason for such a state of affairs may be the virtually unanimous opinion of both courts and academic commentators with regard to the permissibility of granting damages for loss of a chance of obtaining a benefit – loss of a chance, traditionally defined as potential harm, does not give rise to damages and falls beyond the scope of Article 361 § 2 of the Polish Civil Code. The paper attempts to show, by reference to the latest experiences of common law jurisdictions, that there exist rational bases for an extension of the notion of harm so that it encompasses loss of a chance where a potential acquisition of a benefit is contingent upon an action of a third party or force majeure, on which the victim has no bearing, subject to the caveat that the victim put an effort into generating the chance in question. In the course of the analysis an attempt will be made to demonstrate, with reference to a selection of factual scenarios considered by Polish courts, that it would be possible to achieve fairer results (whilst avoiding placing unfair compensatory burdens upon the other party) to recognize liability for loss of a chance where the victim put a significant effort into making the chance viable, material, and where, based on ordinary life experience, materialization of such a chance may be considered a natural course of events.","PeriodicalId":20823,"journal":{"name":"Recueil des Travaux Chimiques des Pays-Bas","volume":"62 1","pages":"7-27"},"PeriodicalIF":0.0,"publicationDate":"2017-09-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80560073","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 right to access medical records is one of the most important patient’s right. This right has been regulated in a number of legal acts, and in particular, in the provisions of the Act of November 6, 2008 on patient rights and the Patients Ombudsman1. The aim of the paper is to present selected legal aspects relating to patient right to access medical records. The provisions of the Act of November 6, 2008 on patient rights and the Patients Ombudsman define the obligation to respect the right to access medical records. However, it should be noted that most of the doubts concern the right to access medical records after the death of a patient, which is only available to a person authorized by the patient during his life. This causes that immediate family members do not have the right to access the patient’s medical records after his death, if they have not been authorized by him.
{"title":"SELECTED LEGAL ASPECTS RELATING TO A PATIENT’S RIGHT TO ACCESS MEDICAL RECORDS","authors":"A. Jacek, S. Porada","doi":"10.31743/RECL.4206","DOIUrl":"https://doi.org/10.31743/RECL.4206","url":null,"abstract":"The right to access medical records is one of the most important patient’s right. This right has been regulated in a number of legal acts, and in particular, in the provisions of the Act of November 6, 2008 on patient rights and the Patients Ombudsman1. The aim of the paper is to present selected legal aspects relating to patient right to access medical records. The provisions of the Act of November 6, 2008 on patient rights and the Patients Ombudsman define the obligation to respect the right to access medical records. However, it should be noted that most of the doubts concern the right to access medical records after the death of a patient, which is only available to a person authorized by the patient during his life. This causes that immediate family members do not have the right to access the patient’s medical records after his death, if they have not been authorized by him.","PeriodicalId":20823,"journal":{"name":"Recueil des Travaux Chimiques des Pays-Bas","volume":"8 1","pages":"73-88"},"PeriodicalIF":0.0,"publicationDate":"2017-09-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86510101","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":"LEGAL SECURITY AND COUP D’ÉTAT – HISTORICAL AND MODERN PERSPECTIVES","authors":"Marcin Konarski","doi":"10.31743/RECL.4165","DOIUrl":"https://doi.org/10.31743/RECL.4165","url":null,"abstract":"","PeriodicalId":20823,"journal":{"name":"Recueil des Travaux Chimiques des Pays-Bas","volume":"87 1","pages":"29-53"},"PeriodicalIF":0.0,"publicationDate":"2017-09-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81246745","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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