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1

A Critique of the Institution of Financial Penalties in Maritime Legislation

100%
Godecki Z.
Prawo Morskie
|
2008
|
vol. 24
77-85
EN
Under former maritime legislation, breaching the regulations established by this legislation was considered a crime or a misdemeanor. The punishment for the latter was usually a money fine. From 1991, this kind of action was punishable by so-called financial penalties, imposed by administrative decision (in administrative procedure) by the local organs of the maritime administration. The present normalization of this material raises a host of objections. This article discusses this process of normalization, and casts doubt upon its legality and constitutionality.
2

TOPICAL ISSUES OF THE PRIORITY APPLICATION OF THE COMMUNITY LAW IN RELATION TO THE CHARTER OF FUNDAMENTAL RIGHTS AND THE LISBON TREATY (Aktualni otazky prednostni aplikace komunitarniho prava ve vztahu k Listine zakladnich prav a Lisabonske smlouve)

100%
Sehnalek D.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2009
|
vol. 92
|
issue 6
485-501
EN
The author deals with the issues of the supremacy of the Community law from the view of the Czech Republic and the Lisbon Treaty. The question the author tries to answer is: 'Are the concerns about adoption of the Lisbon Treaty and the Charter of Fundamental Rights justified? Can these documents actually lead to the revision of the national legislation?'. To find answer to this question the article first analyzes the principle of supremacy of the Community law and then deals with the issue of the protection of fundamental rights and freedoms in the European Union. The author concludes that the Charter lays down the new standard of the protection of fundamental rights, but this will apply only in relation to activities falling within the competence of the European Union. The revision of national legislation is therefore excluded even after the effective date of the documents mentioned above. The article outlines the present attitude of the Czech Constitutional Court to the principle of supremacy.
3

QUALIFIED KINDS OF HOMICIDE IN THE PENAL CODE OF 1997. ATTEMPTS OF EVIL COMPARISON

100%
Gardocka T.
Myśl Ekonomiczna i Prawna
|
2006
|
issue 1(12)
17-27
EN
The aim of the paper is to indicate legal and ethical issues connected with the amendment of the penal code in the range of homicide crimes from the article 148 of the penal code.To achieve the aim the authoress uses the penal law literature and the texts of binding and historical bills.The results of the analysis show that the changed legal regulations concerning homicide not only constitute the limitation of judge's freedom to adjudicate punishments but also cause doubts as to the range which qualified kinds of homicide include especially in the point: motivation deserving special condemnation. In conclusion it can be stated that the introduction of qualified kinds of homicide is not a justified change of the penal law.
4
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Zasada pierwszenstwa w orzecznictwie wybranych organów konstytucyjnych panstw czlonkowskich UE

100%
Brzezinski P.
Ius Novum
|
2010
|
issue 1
77-102
EN
The aim of the article is to present opinions of the selected constitutional tribunals of the European Union Member States on the relation between the European Union law and the domestic law of those states, especially their constitutions. The subject matter of the work is particularly relevant in the light of changes in the European Union law introduced by the Treaty of Lisbon which, among other things, strengthened the protection of fundamental rights by giving the Charter of the Fundamental Rights, which is not legally binding, the status of primal law. The issue discussed in the article has a descriptive and empiric character. In the light of the latest decisions made by the Court of Justice of the European Union, there are no grounds for a thesis that the primacy of the EU law over constitutional norms may be limited in the future and refer only to the acts issued by the Union organs with satisfactory democratic legitimization, kept within the limits of constitutionally awarded competence. The principle of primacy still has a conclusive character and is a conflicting principle. This means that constitutional tribunals have to remember that their decisions must be in agreement with the EU law.
5

FORMS OF IMPLEMENTATION OF SOCIAL RIGHTS IN THE WORKING PROCESS (Formy realizacie socialnych prav v pracovnom procese)

100%
Demek P.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2008
|
vol. 91
|
issue 5
435-451
EN
2The author analyses the position of the basic social rights, as well as right of work in the area of labour law in Slovak republik, which depends on the legal construction of these instruments in the Constitution of the Slovak Republic. It is also connected with the enforcement of this constitutional right in the area of private and public law. The article deals with the main features and characteristic signs which are involved in legal construction of these rights, one the most important types of the basic social rights (freedoms). In the first part there is given an outline of the specific features of the basic social right (for example: right to choose a job, personal freedom, freedom of contract, legal protection, etc.) as a legal source for independent performance of work in law and the second part is aimed to analyse right of work. The importance of the basic social rights in the process of performing of work in Slovak Republic brought some new ideas and admissions also to the labour law as a part of the whole legal system. Article also focuses on the expectations and experiences related to new-built objective legal rules application. It also comprises the problem of relation to the contract of employment . Description of the most important marks of these typical legal institutes are noticed in detail.
6

Marine aspects of ecological terrorism

100%
Ciechanowicz-McLean J.
Prawo Morskie
|
2007
|
vol. 23
79-89
EN
The authoress defines the following: terrorist act; terrorism; ecological terror; terrorist threats; illegal use of terror; terrorist acts in internal and international law. The article discusses terrorism in light of Polish and European law and ecological safety and terrorism (eco-terrorism). Issues of ecological safety in Europe were addressed in Helsinki in 1975 at the meeting of nations participating in the Conference on Safety and Co-operation in Europe. In the twenty-first century, the general regulations regarding fighting terrorism are applied to ensure ecological safety. Specifically, this refers to the European convention on fighting terrorism laid out in Strasbourg on January 27, 1977 under the auspices of the Council of Europe.The authoress addressed the issue of actions taken by radical ecologists within the framework of the activities of non-governmental ecological organizations. Actions of a terrorist character undertaken at sea are also discussed. Establishing a contiguous marine coastal zone is an effective method for fighting terrorism.
7

EUROPEAN UNION AND THE FIGHT AGAINST EXTREMISM (Europska unia a boj proti extremizmu)

100%
Zahora J.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2010
|
vol. 93
|
issue 5
448-456
EN
The author refers to the activities of the European Union aiming the fight against racism and xenophobia. It puts stress on the framework decision on the fight against certain forms and manifestations of racism and xenophobia through the criminal law that was adopted by the Council on 28 November 2008. In the analysis of the framework decision he defines criminal acts related to the racism and xenophobia and refers to other obligations related to a transposition of this framework decision. In the following section he deals with the implementation of obligations resulting from the framework decision in the conditions of the Slovak Republic. The author refers to the most important changes that were reflected in the criminal law and argues these changes. He points out to incomprehensibility, ambiguity, terminological inconsistency of the law and the violation of the principle of legal certainty, as well as to technical errors made in the legislative process.
8

Protected marine areas on the high seas

100%
Pyc D.
Prawo Morskie
|
2005
|
vol. 21
89-113
EN
Threats stemming from global problems and their solutions are at the center of attention in the international community. Their complex character induces the necessity of co-operation at all levels from countries to international organizations as well as non-governmental organizations. Co-operation involves all levels - regional, sub-regional, and international. One recent form of this type of international co-operation regards the network of protected marine areas on the high seas. The protection of seas and oceans and the bottom and underground of the high seas as well as in situ resources requires solutions based on two fundamental concepts: the common heritage of humanity and the doctrine of the freedom of the seas. International public law, which is the basis for the creation of protected marine areas, is a mosaic of different instruments, such as agreements, action programs, strategies, and memorandums, which are both global and regional in character. The use of the high seas is regulated in international law based on the principle of co-operation among countries and no regulations ban the creation of protected marine areas. The concept of protected marine areas has been successful due to flexible, integrated management with appropriate tools and the simultaneous protection and exploitation of resources. International legal protection of high sea areas is confirmed by the appropriate resolutions of the UN Convention on the Law of the Sea of 1982, the convention on biodiversity - chapter 17 of Agenda 21, the principle of protection of marine areas of the World Conservation Union, and many international agreements of regional character. The concept of the protection of high sea areas is based on a set of instruments that facilitate equilibrium between the maintenance and protection and the exploitation of these areas. It is a form of protection for especially endangered ecosystems and species. It focuses on threats, which in the case of the high seas and ocean depths, include illegal catches, the destruction of habitats by trawlers, mineral excavation, shipping, marine pollution, and the exploitation and exploration of the 'area'.
9

The legal status of the contiguous zone in international maritime law

100%
Symonides J.
Prawo Morskie
|
2005
|
vol. 21
5-26
EN
In 2005 contiguous zones have been established by more than seventy states. Poland since 1932 has had three mile of the territorial sea and three mile of a contiguous zone which disappeared in 1978 when twelve mile territorial sea was proclaimed. First claims by coastal States to control rights in zones contiguous to their territorial seas, can be already found in XVIII century. In the first half of XX century the contiguous zone became a customary norm. In 1958 the I Geneva Convention determined its status providing that the coastal State in twelve mile zone of the high seas contiguous to its territorial seas may exercise the control necessary to prevent and punish infringement of customs, fiscal, immigration or sanitary regulations. The Convention on the Law of the Sea of 1982 in articles 33 and 303 has changed the concept of the contiguous zone recognizing that it can be extended to twenty four miles and giving the coastal State in addition to rights recognized in the Geneva Convention the right to protect the underwater cultural heritage. Polish specialists have argued on several occasions for the establishment of a contiguous zone. This idea has been recently supported by the Advisory Legal Committee by the Ministry of Foreign Affairs and the Commission of Maritime Law of the Polish Academy of Sciences. Several arguments may be presented in favour of the establishment of Polish contiguous zone. It can better protect Polish interests, gives additional rights which do not exist in the exclusive economic zone, enables better safeguarding of frontiers against terrorism, proliferation of weapons of mass destruction, smuggling of migrants, drug trafficking and give the right to the protection of underwater archaeological finds. The Ministry of Infrastructure recognizing the importance of these arguments, has already undertaken first steps aimed at the change of Polish Bill of 1991 and establishment of the contiguous zone.
10
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PENAL MEASURE OF DISFRANCHISEMENT (Srodek karny pozbawienia praw publicznych)

100%
Stefanski R. A.
Ius Novum
|
2009
|
issue 3
7-67
EN
Disfranchisement is a penal measure meted out together with a punishment (Article 39 point 1 of the penal code) and instead of a punishment if a sentence is pronounced without a trial (Article 343 §2 point 3 of the penal procedure code), taking on a character of a self-contained penal measure. A ruling of disfranchisement depends on a kind of crime as well as type and scale of punishment. A ruling of this penal measure - in accordance with Article 40 §2 of the penal code - can take place in case of a crime committed as a result of motivation deserving special condemnation and imprisonment not shorter than three years. Motivation deserving special condemnation does not have to be a feature of a criminal offence, but it has to refer to a crime being a ground for a conviction. This motivation deserves condemnation in a special way. Disfranchisement deprives a convict of the right to perform public functions and results in a loss of decorations and titles of a public character; it refers to the public sphere of the perpetrator's activities. But it does not deprive persons of their human rights. It is related to: a) political rights, including active and passive election rights to public administration organs, professional or business self-government units and the right to take part in the administration of justice; b) civil rights, including the right to perform functions in organs and institutions of state administration and territorial or professional self-government; c) honorable rights, including the possession of orders, decorations and honorable titles; d) a military rank.
11
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HANDING OVER PERSONS SENTENCED TO IMPRISONMENT IN EUROPE

100%
Kierzynka R.
Ius Novum
|
2009
|
issue 2
94-112
EN
The article synthetically presents international law instruments referring to the handling of persons sentenced to imprisonment and serving a sentence between countries of which one is the country where the sentence was pronounced (the country of the sentence pronouncement or the sentencing country) and the other is the country of the convict's citizenship or residence (the country of the sentence execution or the executing country).
12

CRIMINOLOGICAL RETURNS TO PROF. VOJTECH HATALA (17. 4. 1930 - 21. 11. 1985) (Kriminologicke navraty k prof. Vojtechovi Hatalovi (17. 4. 1930 - 21.11. 1985))

100%
Jablonicky T.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2010
|
vol. 93
|
issue 3
193-201
EN
The article includes in a chronological order basic biographical and factual data about life and work of the significant Slovak scientist and pedagogue Prof. Vojtech Hatala, who played a role of pioneer and founder of the theory of criminal law and criminology at the territory of Slovakia. By his 80th birth anniversary the author of this article considers it necessary to draw attention publicly on the character of his work and point out underestimating of his significance in the history of Slovak science.
13

PARLIAMENTARY IMMUNITY DE LEGE CONSTITUTIONE (Poslanecka imunita de lege constitutione)

100%
Nikodym D.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2008
|
vol. 91
|
issue 2
85-93
EN
In his article the author refers to the possibilities of the restriction of the Parliamentary immunity with regard to the constitutional acceptance of the division of powers. He compares the legal regulations on the immunity, with a particular focus on the EU member countries before the accession of the transforming Central and East European countries. He states that the Parliamentary immunity in the context of the EU member countries is not a regulation that would directly depart from the European average. The restriction of the procedural immunity however contributes to the quality of the democratic society of the 21st century. The author recommends to use as the basis for the regulation of the Parliamentary immunity de lege constitutione the modified provisions of Constitutions of the Netherlands (indemnity) and Austria - as regards the right of the Parliament to examine in the framework of the procedural immunity whether the prosecution for a crime is or is not related to the political activity of a deputy. The will of the Parliament to the restriction of the Parliamentary immunity is the matter of belief of this representative body in the ideas of the legal state that constitute the principles of legality and impartiality for the public prosecutors and the principles of legality and independence for the judiciary.
14

Legal character of agreements entitling classification institutions to conduct maritime administration tasks

100%
Kozinski M. H.
Prawo Morskie
|
2007
|
vol. 23
161-183
EN
Thin article addresses a new type of agreement that entitles classification institutions to execute certain functions of the maritime administration. In the maritime trade, classification institutions, in addition to their classification and assessment activities, are assuming increasingly certain public functions that are executed under the supervision of maritime administration bodies. This supervision is ensured above all. by two legal institutions: aprobation and authorization. The significance of the aprobation process for classification institutions may be apparent in the fact that aprobation if conducted by the European Commission. In evaluating the character of the agreement entered into by the Minister of Marine Management with aprobation classification institutions, the author of the article emphasizes a series of particular traits of the agreement that stem from the infiltration of elements of both public and private law. The author postulates the creation of a new category of agreement, that of so-called public contracts.
15

THE EFFECT OF THE JUDGEMENTS OF THE EUROPEAN COURT OF HUMAN RIGHTS IN THE DOMESTIC LEGAL ORDER

100%
Grzegorczyk P.
Polish Yearbook of International Law
|
2008
|
vol. 28
39-82
EN
As far as the openness with which the Polish judicial system should respond to the judgments of the ECHR is concerned, there is no reason for any far-reaching anxiety, because the influence and contribution of the Tribunal to the development of safeguards in civil proceedings is unquestionable. The Convention itself is perceived as the codification of present standards in this field, which is clearly visible, in particular in international civil procedure law. In the discussion concerning the influence of the Court's awards on final and binding domestic judgments one cannot forget - and the Tribunal itself also bears it in mind - that awarding a sound judgment in a civil proceeding is a task which is not always achieved. One of the fundamental elements of the right of access to courts is the right to obtain a specific judicial decision which is not temporary, but binding and permanent, which thereby allows the parties to regulate their legal affairs with full confidence in its content and applicability.
16

ROLE OF THE EUROPEAN COURT OF JUSTICE IN THE PROCESS OF FORMATION OF LAW OF EUROPEAN COMMUNITY/EUROPEAN UNION (Postavenie Sudneho dvora v procese dotvarania prava Europskych spolocenstiev/Europskej unie)

100%
Durechova J.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2009
|
vol. 92
|
issue 1
29-40
EN
Particular ways of interpretation of law applied by the European Court of Justice (hereinafter referred to as 'ECJ'). Role of the ECJ in filling of the 'gaps' of European law. Judgments of the ECJ and its position and significance in the process of formation of law. Basic principles formed by the ECJ. (Un)binding judgments of the ECJ. Role of the preliminary questions and opinions of the ECJ in formation of law. Analysis of Lugano Opinion. Conclusion dealing with the significance of judgments, preliminary questions and opinions of ECJ in the process of formation of European law. Question of acceptable bounds of extensive interpretation and jurisdiction of ECJ.
17

The delimitation of maritime areas between Poland and Denmark

100%
Gorski T.
Prawo Morskie
|
2005
|
vol. 21
75-87
EN
In spite of the negotiations initiated in 1972 Poland and Denmark have not so far managed to effect a delimitation of their maritime areas between Bornholm and Polish coast. This situation constitutes the longest lasting case of unsettled maritime boundary in the Baltic Sea. Even though both countries are parties to 1982 United Nations Convention on the Law of the Sea, they present different interpretation of art. 74 of the Convention, which states that the delimitation of the exclusive economic zones of the States with opposite coasts 'shall be effected by agreement on basis of international law, as referred to in Article 38 of the Statute of the International Court of Justice, in order to achieve an equitable solution'. Consequently, Denmark considers the disputed area should be divided on the basis of median line. On the contrary, Poland invoke the international judgements and the practice of the States and indicates that boundary should be determined in accordance with the equitable principles, with regard for an existance of several special cicumstances, namely geographic and geophysical factors and proportionality calculations. Since the postures of the parties involved are overlapping, there exists south and southeast of Bornholm a disputed area of 3 500 square km, similar to this one existing between Gotland and the USSR coast before 1988. The relevant acts of national legislations of either Poland or Denmark illustrate these different claims. Nevertheless, during the recent negotiations round the parties agreed to create a special commitee of experts in aim to examine all the possible boundary lines. This fact confirms that it still may be possible for both countries to reach an agreement in bilateral negotiations.
18

THE ISSUE OF NULLITY OF LAW MAKING RESOLUTIONS OF INTERNATIONAL ORGANIZATIONS

100%
Buchowska N.
Polish Yearbook of International Law
|
2008
|
vol. 28
9-24
EN
The question of nullity of law-making resolutions of international organizations is essential not only for the organization itself and its law, but also for the member states, which are the addressees of these resolutions. First, the member states, being obliged to implement certain resolutions, must be certain that they will be implementing an act which is both valid and binding. Second, in order to implement a law-making resolution, states may undertake certain legal or factual actions. Hence the nullity of such a resolution would result in a series of consequences, including the problem of restoring the factual and legal conditions existing before a null and void resolution has been implemented. The complex problem of nullity of law-making resolutions requires the consideration of many issues. First, there is the issue of the cause(s) of nullity, i.e. what types of events would cause the resolution to lose its validity. Second, there is the problem concerning the effects of nullity, i.e. is it possible for a null and void resolution to have legal effects; is it possible to validate null and void resolution? Another issue concerns the applicable procedure for the declaration of nullity. In this context, a new question arises: whether member states or the organization itself have the competence to question the resolution? These issues are at the core of the discussion presented in this article.
19

The Peking Rules

100%
Ostrowska B.
Prawo Morskie
|
2006
|
vol. 22
183-199
EN
The Peking Rules have not been ratified in an official document and carry no legal weight. They are just a private set of regulations for settling loss and damage by sacrifice. They were accepted by the China Council for the Promotion of International Trade (CCPIT) on 1 January 1975 and remain in force today. The structure of the Peking Rules is uniform and is not divided into general and specific regulations. The rules are comprised of a peculiar type of preamble and eight titled articles. The range of loss and damage by sacrifice includes extraordinary losses, damages, and reasonably incurred extraordinary expenses resulting from actions taken to protect vessel and cargo from a common danger posed by forces of nature, accidents, or other extraordinary circumstance that can occur in maritime transport. Undoubtedly, the York-Antwerp Rules, especially their Hamburg version from 1974, significantly influenced the Peking Rules, as is reflected by the striking similarities in text and character of the two sets of rules. The authoress also discusses the problem of the Peking Rules in reference to the Polish maritime code.
20
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NEW APPROACH TO HUMAN RIGHTS IN THE TREATY OF LISBON (Nowe ujecie regulacji praw czlowieka w Traktacie z Lizbony)

100%
Sozanski J.
Ius Novum
|
2010
|
issue 2
38-66
EN
This paper is aimed at presenting the most essential changes and modifications in the field of human rights protection which were introduced by the Treaty of Lisbon and at analyzing their role and importance presented with the use of a historic - comparative method and legal analysis. The changes are important because in the new legal system a new notion network was created and this implies serious normative consequences. The category of human rights known in the universal and the Council of Europe's system was highlighted, and the role of fundamental rights seems to be diminished. Retaining the importance of norms 'acquis', the Treaty obliged all member states to be party to the ECHR. The provisions of the Charter of Fundamental Rights were incorporated in the treaties (as an amendment); as some new areas of protection and terms were. All this constitutes a significant change in the previous system of protection.
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