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Charakter prawny odszkodowania za dyskryminację w zatrudnieniu

100%
Paweł C.
Praca i Zabezpieczenie Społeczne
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2012
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issue 2
26-31
EN
Implementation of EU antidiscrimination law evoked in Poland a few theoretical issues that has not been solved so far. One of those appeared in relation to the nature of compensation for discriminatory treatment. In the article the author analyzes the purpose of the compensation and its consequences for setting the amount of it. The author notes that traditionally, the only purpose of civil compensation is to reimburse the plaintiff for damage. It is not clear whether it is true in relation to compensation for discriminatory treatment. The author writes that in Polish doctrine appeared an opinion that compensation for discriminatory treatment is directed not only to compensate the employee but also to punish and deter the perpetrator, and in fact it has some characteristics of a criminal sanction. The author is in favor of that view but he adds to it some reservations.
2
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Przedstawiciel społeczny w transparentnym procesie karnym

100%
Czarnecki P.
Studia Iuridica
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2017
|
vol. 69
21-37
PL
The article analyses the rights and duties of a social representative in criminal proceedings (article 90 Code of Criminal Procedure). Participation in court proceedings may be declared, before the commencement of judicial examination, by a representative of a community organisation, if there is a need to defend a social interest or an important individual interest within the statutory purposes of such an organisation, especially in matters pertaining to the protection of human rights and freedoms. The representative of a community organisation who has been admitted to participate in court proceedings may participate in the trial, express their points of view and make statements in writing. The court shall admit a representative of a community organisation if it finds this to be in the interests of justice. This person shall not be allowed to ask questions to person questioned by the court, he has no right to make a complaint with the court, can`t submit motions for evidence and are not entitled to participate in a session or in an investigation. The author emphasizes the importance of participation by the citizenry in the administration of justice principle and the right to a fair and public hearing of his case. In article they were also discussed old draft bills in the position of social representative in criminal cases, and in particular the advantages and disadvantages of amending article 90 c.c.p. Amendment of 10 June 2016. The author argues that the changing of position will not increase the participation of the public in the proceedings, because the legislature did not admit procedural rights.
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W poszukiwaniu optymalnego stopnia profesjonalizacji i formalizacji postępowania dyscyplinarnego wobec studentów w Polsce

100%
Czarnecki P.
Studia Iuridica
|
2020
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vol. 84
59-76
PL
The purpose of the article is to present the rights and obligations of participants in the proceedings, a model of disciplinary proceedings against students, the functions of disciplinary proceedings and its stages in proceedings before the disciplinary ombudsman and the disciplinary commission. The author analyzes statistical data of disciplinary matters at the Jagiellonian University. The author indicates that this procedure is extremely formalized and it is very often difficult to hold a student disciplinary liability. In addition, the analysis of the rulings leads to the conclusion that the penalties imposed in this disciplinary proceedings are not detrimental to the accused.
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