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Evidence in the Proceedings before the Russian Influence Commission 俄罗斯影响委员会诉讼程序中的证据
Pub Date : 2023-10-17 DOI: 10.17951/ppa.2022.5.23-40
Łukasz Dubiński
In 2023, an act aimed at creating a legal framework for the establishment of a new public administration body entered into force, which, among other things, would conduct proceedings to investigate Russian influence on the internal security of the Republic of Poland in 2007–2022. Undoubtedly, in the context of this type of cases, the procedural institution of “evidence” will be of particular importance. Therefore, this concept has been adopted as the subject of analysis in this study in the context of its understanding described in the cited legal act and in juxtaposition with Article 75 § 1 of the Administrative Procedure Code.
2023 年,一项旨在为建立新的公共行政机构创建法律框架的法案生效,除其他外,该机构将在 2007-2022 年期间开展调查俄罗斯对波兰共和国内部安全影响的程序。毫无疑问,在此类案件中,"证据 "的程序制度将具有特别重要的意义。因此,本研究将这一概念作为分析对象,并将其与所引用的法律条文以及《行政诉讼法》第 75 条第 1 款相联系。
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引用次数: 0
Constitutional Principles of Electoral Law in Local Government Elections in Poland and European Solutions – Contribution to the Discussion 波兰地方政府选举中选举法的宪法原则和欧洲解决方案--对讨论的贡献
Pub Date : 2023-10-17 DOI: 10.17951/ppa.2022.5.171-187
Marek Woźnicki
The subject of the article is an attempt to compare the constitutional principles of holding local government elections in Poland and in other EU countries. Preliminary studies of this issue indicate that in the case of elections of the constitutive bodies of local government units, three model solutions may be indicated: (1) lack of regulation of the principles of electoral law in the constitution, which means that the ordinary legislator is left with some freedom in regulation of this issue; (2) constitution regulates a limited catalogue of the principles of electoral law (usually two or three); (3) constitution regulates a full catalogue of the four fundamental principles of electoral law (universality, equality, directness, secret ballot). Similar remarks apply to executive bodies of local self-government units. The aim of the article is to classify Poland into one of the above-mentioned models and to try to answer the question of what were the premises behind such a regulation of this issue in the Constitution of the Republic of Poland of 2 April 1997.
本文的主题是尝试比较波兰和其他欧盟国家举行地方政府选举的宪法原则。对这一问题的初步研究表明,在地方政府组成机构的选举中,有三种解决模式可供选择:(1)宪法中缺乏对选举法原则的规定,这意味着普通立法者在规定这一问题时有一定的自由;(2)宪法规定了有限的选举法原则目录(通常为两到三项);(3)宪法规定了选举法四项基本原则的完整目录(普遍性、平等、直接性、无记名投票)。类似论述也适用于地方自治单位的执行机构。本文旨在将波兰划分为上述几种模式之一,并试图回答 1997 年 4 月 2 日《波兰共和国宪法》对这一问题做出规定的前提是什么。
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引用次数: 0
The Right to a Public Trial in the Context of the COVID-19 Pandemic in the Jurisprudence of the Supreme Administrative Court and the European Court of Human Rights 最高行政法院和欧洲人权法院判例中的 COVID-19 大流行病背景下的公开审判权
Pub Date : 2023-10-17 DOI: 10.17951/ppa.2022.5.91-110
Dorota Pawlicka
The aim of the article is to discuss the right to public trial before Polish administrative court in the context of the COVID-19 pandemic, taking into account the legal solutions introduced during the pandemic, such as the Act of 2 March 2020 on special solutions connected with preventing, counteracting and combating COVID-19, other infectious diseases and crisis situations caused by them, the relation of the provisions of this legal act to the provisions of the Act of 30 August 2002 – Law on proceedings before administrative courts, the jurisprudence of administrative courts, the standpoint of the European Court of Human Rights in the context of the right to a public hearing, as well as the views of the doctrine. The considerations showed that despite the restriction of the right to open examination of an administrative court case and despite the inevitable imperfections, the introduced regulations regarding remote hearings and referral of cases to classified hearings enabled the efficient functioning of the administrative judiciary during the pandemic. The article is dominated by the formal-dogmatic method. An analysis of the case law of the Supreme Administrative Court and the European Court of Human Rights is also an important element.
本文旨在讨论在 COVID-19 大流行的背景下波兰行政法院的公开审判权,同时考虑到该大流行期间引入的法律解决方 案,如 2020 年 3 月 2 日关于预防、抵制和抗击 COVID-19、其他传染病及其引发的危机局势的特别解决方案的法案、该法案的规定与 2002 年 8 月 30 日《行政法院诉讼法》的规定、行政法院的判例、欧洲人权 法院在公开听证权方面的立场以及理论观点之间的关系。研究结果表明,尽管行政法院案件的公开审理权受到限制,尽管存在不可避免的不完善之处,但引入的关于远程听证和将案件移交分类听证的规定使行政司法机构在大流行病期间得以有效运作。本文主要采用了形式-教条主义方法。对最高行政法院和欧洲人权法院判例法的分析也是一个重要因素。
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引用次数: 0
Collecting Information from the Public Sector vs. the Economic Development of the Private Sector: Practical Analysis of the Issues, de lege ferenda Postulates 从公共部门收集信息与私营部门的经济发展:问题的实际分析,拟议法假设
Pub Date : 2023-10-17 DOI: 10.17951/ppa.2022.5.151-169
Bogusław Ulijasz, Magdalena Kuszmider
In the modern world, information is of great importance, not only informative, but also economic. The public sector is an excellent source of information for both public and economic purposes. The article discusses the issue of obtaining public information for economic purposes and the issue of limiting this right. In connection with the current jurisprudence related to the reasons for limiting the right to public information – due to, i.a., the negative impact on the performance of statutory obligations in the public sector – the premises limiting the right in question were discussed. Undoubtedly, it should be emphasized that obtaining public information from the public sector affects economic development and the development of modern technologies. It should be added that the importance of the right to information as one of the fundamental human rights, as well as its development over the years, affects economic development to varying degrees and intensity. When carrying out a practical analysis of the subject matter, it is necessary to indicate the need for changes in legal regulations considering the social, economic, and technological factors. Such changes should be made with a balance between transparency, i.e. the value underlying the right of access to public information, and the impact on economic development and the economic interests of individual entities.
在现代社会中,信息不仅在信息方面,而且在经济方面都具有重要意义。公共部门是公共信息和经济信息的绝佳来源。本文讨论了为经济目的获取公共信息的问题以及限制这一权利的问题。结合目前与限制公共信息权的原因有关的判例--即由于对公共部门履行法定义务的负面影 响--讨论了限制有关权利的前提。毫无疑问,应该强调的是,从公共部门获取公共信息会影响经济发展和现代技术的发展。还应补充的是,作为基本人权之一的信息权的重要性及其多年来的发展在不同程度和强度 上影响着经济的发展。在对这一主题进行实际分析时,有必要考虑到社会、经济和技术因素,指出修改法律条 例的必要性。这种修改应兼顾透明度,即获取公共信息权利的基本价值,以及对经济发展和单个实体经济利益的影响。
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引用次数: 0
Additional Components of the Administrative Decision in the Labor Inspector’s Permit for a Child under 16 to Perform Work or Other Paid Activities 劳动监察员许可 16 岁以下儿童从事工作或其他有偿活动的行政决定的补充内容
Pub Date : 2023-10-17 DOI: 10.17951/ppa.2022.5.41-52
Iwona Gęsicka
The procedure for obtaining permission for a child to perform labor is one of the guarantors of protection for a child performing labor. However, awareness of the need to obtain a child labor permit for children under the age of 16 under Article 3045 of the Labor Code is negligible, as can be seen by the number of requests for labor inspectors to issue permits. Permission for a child to perform work is an administrative decision within the meaning of Article 104 of the Administrative Procedure Code. The author stresses that it is good practice in issuing permits for the performance of work by a child to include additional components in the content of the decision, especially those containing arrangements for working conditions that take into account the welfare of the child.
儿童从事劳动的许可程序是保护从事劳动的儿童的保障之一。然而,根据《劳动法》第 3045 条的规定,未满 16 岁的儿童必须获得童工许可证,但人们对这一必要性的认识却微乎其微,这一点可以从要求劳动监察员签发许可证的数量上看出来。根据《行政诉讼法》第 104 条的规定,允许儿童工作是一项行政决定。提交人强调,在签发儿童工作许可证时,良好做法是在决定内容中增加其他内容,特别是那些包含考虑到儿童福利的工作条件安排的内容。
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引用次数: 0
Principles of Administrative Law and Legal Security of Citizens Małgorzata Szreniawska 行政法原则与公民的法律保障 Małgorzata Szreniawska
Pub Date : 2023-10-17 DOI: 10.17951/ppa.2022.5.127-135
Małgorzata Szreniawska
The principles of administrative law are important to ensure the legal security of citizens. These principles are presented in the Administrative Procedure Code, but also in the Constitution of the Republic of Poland and in acts of international law. Individual rules deepen trust in the administration’s activities and are intended to foster the quality of the administration’s activities and better communication between a client and an official. The principles of administrative law are interrelated. Compliance with various principles of administrative law in the activities of administration affects the observance of the principle of good administration. Control, including instance control and judicial control of administration, plays a special role in ensuring compliance with the principles of administrative law.
行政法的原则对于确保公民的法律安全非常重要。这些原则不仅体现在《行政诉讼法》中,也体现在《波兰共和国宪法》和国际法中。个别规则加深了人们对行政活动的信任,其目的是提高行政活动的质量,改善客户与官员之间的沟通。行政法的各项原则是相互关联的。在行政活动中遵守行政法的各项原则会影响到良好行政原则的遵守。控制,包括对行政的实例控制和司法控制,在确保遵守行政法原则方面发挥着特殊作用。
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引用次数: 0
Electronic Public Services for Citizens – an Outline of the Issues 面向公民的电子公共服务--问题概述
Pub Date : 2023-10-17 DOI: 10.17951/ppa.2022.5.137-150
Paweł Śwital
The implementation of e-services is part of the development of informatization of public administration. Electronic public services are becoming increasingly important nowadays. In addition to the traditional provision of services, electronic administration is becoming one of the key forms of dealing with official matters. A number of legal provisions are being implemented, which are the basis for the implementation of e-services and allow for their use. Actions to change the approach to e-services were forced during the pandemic, which allowed for the acceleration of the process of change and approach to performing tasks by the administration using the Internet. A key role in the provision of electronic services is played by the Electronic Platform of Public Administration Services (ePUAP), which provides one of the largest amounts of e-services. The aim of the article is to define e-services and to demonstrate the legal basis for their implementation in Poland. In addition, the types of e-services, the ePUAP platform and its functionalities as a platform with which it is possible to provide electronic services are discussed. The work uses the dogmatic and legal method.
实施电子服务是公共行政信息化发展的一部分。如今,电子公共服务正变得越来越重要。除了传统的提供服务外,电子行政正在成为处理公务的主要形式之一。目前正在实施一系列法律规定,这些规定是实施电子服务的基础,并允许使用电子服务。在大流行病期间,被迫采取行动改变电子服务的方式,从而加快了行政部门利用因特网执行任务的变革进程和方式。公共行政服务电子平台(ePUAP)在提供电子服务方面发挥了关键作用,是提供电子服务最多的机构之一。本文旨在对电子服务进行定义,并展示波兰实施电子服务的法律基础。此外,文章还讨论了电子服务的类型、ePUAP 平台及其作为提供电子服务平台的功能。这项工作采用了教条和法律方法。
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引用次数: 0
Legal Design as an Approach to Legal Communication with People with Disabilities 将法律设计作为与残疾人进行法律交流的一种方法
Pub Date : 2023-10-17 DOI: 10.17951/ppa.2022.5.111-126
Hanna Spasowska-Czarny
Legal exclusion is generally equated with unequal access to legal protection institutions and facilities; it is also understood as “a qualified type of discrimination created by law”. It turns out that in the sphere of legal systems, exclusion is largely caused by the law itself. There is a problem of certain social groups (e.g., people with disabilities) not benefiting from the rights granted to them, which is related, among other things, to the low level of legal awareness, the lack of understanding of the law, poor information on the applicable laws, or the high cost of legal counsel. Individuals, especially those with disabilities, do not always (despite assumptions to the contrary) realize that by participating in society, they become links in a chain of social relations regulated by law. One of the main obstacles to combating social problems is inadequate information on existing legislation and poor understanding of institutional and legal intricacies, which make excludable individuals know little about their rights and protections. Serious consideration should be given to simplifying certain solutions (e.g., applying the concept of legal design), which can become a method of preventing social and legal exclusion.
法律排斥通常等同于在利用法律保护机构和设施方面的不平等;它也被理解为 "由法律造成的一种特定类型的歧视"。事实证明,在法律制度领域,排斥在很大程度上是由法律本身造成的。某些社会群体(如残疾人)无法享受到法律赋予他们的权利,这与他们的法律意识淡薄、对法律缺乏了解、对适用法律知之甚少或法律顾问费用昂贵等因素有关。个人,尤其是残疾人,并不总是(尽管有相反的假设)意识到,通过参与社会,他们成为受法律规范的社会关系链中的一环。解决社会问题的主要障碍之一是对现行法律的了解不够,对机构和法律的复杂性理解不深,这使得被排斥的个人对自己的权利和保护知之甚少。应认真考虑简化某些解决方案(如应用法律设计概念),这可以成为防止社会和法律排斥的一种方法。
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引用次数: 0
Some Remarks on the Origin of Substantive Administrative Law in Western Europe 关于西欧实体行政法起源的一些评论
Pub Date : 2023-10-17 DOI: 10.17951/ppa.2022.5.11-22
Karol Dąbrowski
The origin of substantive administrative law in the modern era in Western Europe would not have been possible without absolutism which interferes with many aspects of social life, the Enlightenment modernization paradigm, confessionalization forming the monarch’s position in the religious sphere, the implementation of the assumptions of eudaimonism and paternalism, the use of the document and the chancellery as tools of bureaucracy and monarchical legislation that gave legal norms a supra-class character.
如果没有干涉社会生活诸多方面的专制主义、启蒙运动的现代化范式、形成君主在宗教领域地位的教派化、优生主义和家长制假设的实施、将文书和总理府作为官僚机构的工具,以及赋予法律规范超阶级性质的君主立法,西欧近代实体行政法的起源是不可能的。
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引用次数: 0
Statutory Regulations on the Financial Economy of the National Bar of Attorneys-at-Law – Characteristics and Proposal for Classification 全国律师协会金融经济法定条例--特点和分类建议
Pub Date : 2023-10-17 DOI: 10.17951/ppa.2022.5.53-66
M. Kępa
The National Bar of Attorneys-at-Law is one of the self-governing professions of public trust, the establishment of which is provided for by the Constitution of the Republic of Poland, defining their functions. Financial economy is the material basis and tool for carrying out the statutory tasks of the self-government of legal advisors. Among the tasks of the National Bar of Attorneys-at-Law, a significant range are tasks of a public nature, which comprise the constitutionally defined functions of the self-governments of public trust professions. It would appear from the aforementioned that the statutory regulations on the financial economy of the National Bar of Attorneys-at-Law are of importance not only to the self-government and its members but also to individual entities, society, and the state. The norms contained in the Act on Attorneys-at-Law relating to financial management are not extensive, and at the same time they are internally diverse, which justifies this classification. The basic categories of statutory regulations on the financial economy of the National Bar of Attorneys-at-Law relate to the determination of sources of funding for its activities, authorizations for self-government bodies to issue intra-governmental acts on financial economy, budgets, and bodies with authority to implement and control financial economy. Due to the complex nature of the matter of financial economy, it is not possible to create completely separate divisions, and there are common elements between the proposed categories. Statutory regulations on the financial economy of local government do not completely regulate this economy and are to a significant extent supplemented by intra-governmental legal acts issued by local government bodies on the basis of the Act.
全国律师协会是公共信托的自治行业之一,其成立由《波兰共和国宪法》规定,并确定了其职能。金融经济是法律顾问自治机构执行法定任务的物质基础和工具。在全国律师协会的任务中,有很大一部分是公共性质的任务,包括宪法规定的公共信托行业自治政府的职能。从上述情况可以看出,有关全国律师协会财务经济的法规不仅对自治政府及其成员,而且对个人实体、社会和国家都具有重要意义。律师法》中与财务管理有关的规范并不广泛,同时其内部也是多种多样的,这就证明了这种分类的合理性。全国律师协会财务经济法规的基本类别涉及确定其活动的资金来源、授权自治机构发布政府内部财务经济法案、预算以及有权实施和控制财务经济的机构。由于金融经济问题的复杂性,不可能对其进行完全独立的划分。关于地方政府财政经济的法定条例并不完全规范地方政府的财政经济,在很大程度上,地方政府机构根据该法颁布的政府内部法令对其进行了补充。
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引用次数: 0
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Przegląd Prawa Administracyjnego
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