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  1. 4 Sozanski J.

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1
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NEW APPROACH TO HUMAN RIGHTS IN THE TREATY OF LISBON (Nowe ujecie regulacji praw czlowieka w Traktacie z Lizbony)

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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.
2
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LEGAL STATUS OF INTERNATIONAL CONFERENCES IN COMPARISON WITH OTHER INTERNATIONAL PARTIES – RESEARCH ISSUES AND INTRODUCTION TO THE SUBJECT (Polish title below)

100%
Sozanski J.
Ius Novum
|
2010
|
issue 3
47-73
EN
(Polish title: Status prawny konferencji miedzynarodowych na tle pozostalych podmiotow miedzynarodowych – pytania badawcze i wprowadzenie do problemu). The need to create a recognized definition of an international identity, especially one that would enable a differentiation of non-subjective structures from parties other than states, also refers to international (intergovernmental) conferences sensu largo. The subject-matter of such conferences is very seldom discussed in the doctrine. Some of them, especially GATT and OSCE, have an undoubtedly international subjectivity. There are conferences within organizations as e.g. the European Union IGC, legislative ones (e.g. Rome Conference for the ICC) and inter-treaty ones (e.g. the COP within the UN Framework Convention on Climate Change). There are also conferences with minimal subjective features. Conferences are playing a more and more important role in the international turnover. All this justifies the questions asked here and a proposal of research into the system, law, principles and procedures of international conferences. The issue of a status of a conference seems to be the most important one.
3
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EUROPEAN UNION HUMAN RIGHTS PROTECTION IN CYBERSPACE - NEW EUROPEAN UNION ORGANIZATIONAL AND LEGAL SUBSYSTEM: BENEFITS, THREATS AND DEMANDS (Polish title - below)

100%
Sozanski J.
Ius Novum
|
2009
|
issue 4
7-34
EN
(Title in Polish - 'Ochrona unijnych praw czlowieka w cyberprzestrzeni - nowy podsystem organizacyjnoprawny UE a korzysci, zagrozenia i postulaty'). The article presents a new platform for the protection of human rights, together with the existing threats. The problems that appear have not been addressed in most legal regulations and creating them will not be easy (and is not always purposeful). Apart from the threats for human rights, there are also some important mechanisms creating favorable conditions for their protection, such as e.g. SOLVIT, EEC-ECJ, Fin-Net and other networks, and also a new opportunity to use electronic communications in the process of in-court and out-of-court protection. The method used in the work was mainly comparative and analytic (including legal analysis).
4
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Problem dochodzenia roszczen z prawa Unii przed sadami krajowymi (po Traktacie Lizbonskim) - doktryna a praktyka polska

100%
Sozanski J.
Ius Novum
|
2010
|
issue 1
52-76
EN
Since the accession of Poland to the European Union our administration of justice in its functional aspect has a dualistic character. In the light of the treaty obligations, the duties of a domestic court (especially within the protection of rights based on the Union regulations) cause that before a court starts to investigate a case, it should answer a question whether it is to deal with a matter under the Union law or a clearly domestic situation. It is so because only the latter situation is subject to domestic order. On the other hand, the existence of the union regulations excludes a possibility to apply domestic law. The Treaty of Lisbon obligates the Member States to provide judicial means of the Union rights protection in domestic laws as in the past the effectiveness in this area was low. The phenomenon has its exemplification in the Polish legal order where both the Union and domestic regulations are violated. In the Polish administration of law, however, there are serious problems which hinder respecting the protection of the Union rights. It also refers to Polish courts, especially as the application of the Union law by courts is complicated, laborious and requires high qualifications.
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