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Odpowiedzialność odszkodowawcza NRF w XXI wieku – Próba opisu

100%

Krzysztof Jerzy Gruszczyński K. J.

Humanum. Międzynarodowe Studia Społeczno-Humanistyczne

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2017

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issue 4(27)

81-115

EN

Poland’s Law and Justice Party (PiS) is considering whether to seek further reparations from German Federal Republic for the massive losses inflicted during WWII. PiS head Kaczynski described the move as a “historical counteroffensive.” World War II (WW II), which began with the German invasion of Poland in 1939, killed nearly 6 million Polish citizens and inflicted huge material losses, including the destruction of cultural treasures, industry and entire cities. Those crimes carry not only a moral price, but a material one as well: In 2004, Warsaw’s then-mayor, Lech Kaczynski, calculated that the Deutsche Bundesrepublik was liable for reparation payments of some $45 billion dollars (38 billion dollars) for the destruction of Warsaw alone. If one were to extrapolate the amount to include the whole of Poland, one would certainly arrive at a figure 10 to 20 times higher. That would be a sum that could only be paid out over decades and across generations. When one considers that German Federal Republic’s (GFR) final reparation payments to France and Belgium for the First World War were not made until 2010, one gets an idea of the dimensions of such a demand. Shortly after the PiS regained power in 2916 its leader, Jarosław Kaczyński, announced that Poland and the GFR had outstanding accounts to settle from the WW II. He went on to say that the issue of war reparations between the neighboring countries had never been resolved. Frank-Walter Steinmeier, GFR’s foreign minister at the time, answered Kaczynski’s claims with a letter stating that Poland had no legal basis for demanding such damages. He reminded Kaczynski of Poland’s relinquishment of reparations in 1953. Poland’s government did indeed waive its right to war reparations from its western neighbor at the time – yet that neighbor was the German Democratic Republic (GDR). A few other interesting points. The GFR has paid billions of dollars over the years in compensation for III Reich crimes, primarily to polish survivors, and acknowledges the country’s responsibility for keeping alive the memory of III Reich atrocities. After WW II, both GFR and GDR were obliged to pay war reparations to the Allied governments, according to the Potsdam Conference. Other Axis nations were obliged to pay war reparations according to the Paris Peace Treaties, 1947 an early plan for a post-war GFR was the Morgenthau plan with terms that would have essentially transformed the GFR to an agrarian society... This position was completely changed by the London Agreement on German External Debts, so called the London Debt Agreement. As a consequence of aggression by the III Reich much of Poland was subjected to enormous destruction of its industry (62% of which was destroyed), its infrastructure (84%) and loss of civilian life (16.7% of its citizens during the war- 10% of them Jews). It is estimated that damages incurred by Poland during WWII total $640 billion in 2004 exchange values. As of 2012, the GFR had paid a total of $89 billion in compensation to victims of the war, in Poland and beyond, and GFR officials continue to meet regularly to revise and expand the guidelines for compensation. All in all, after WW II 17 % of Polish citizens perished, 62 % of industry & 84 % of infrastructure was destroyed. The capital Warsaw was raised to the ground as a result of Warsaw Uprising of 1944. Poland could not benefit from US Marshall Plan as other countries (incl. the GFR) as the Soviets decided for Poland to renounce it. The GFR paying WWI reparations to France in 2010 (92 years after WWI). Polish estimates of the damage the country suffered are in the hundreds of billions of dollars, with a government figure from 1945-47 putting material losses at $850 billion, not including human losses. In 2004, Kaczynski’s late twin brother Lech, as mayor of Warsaw, put the damages to the capital city alone at $45.3 billion. Poland is the biggest net beneficiary of the bloc’s 140 billion-euro ($164 billion) annual budget, having been granted more than 250 billion dollars since entry. The monstrosity of III Reich crimes, not only against Polish Jews but also others, including the 150,000 civilians butchered during the Warsaw Uprising in 1944, will forever remain a disgrace and an unforgettable injustice. It is all the more so given that hardly any of those Germans responsible for the deeds were ever brought to account. In 2004 a special commission estimated that damages incurred by the Polish capital alone during WW II amounted to more than $45 billion (38 billion dollars). The commission was convened by Lech Kaczynski, then Warsaw’s mayor. The topic has routinely strained German-Polish relations since the national-conservative party PiS returned to power in 2016. On 23 August 1953, the Communist People’s Republic of Poland under pressure from the Soviet Union announced it would unilaterally waive its right to war reparations from the German Democratic Republic on 1 January 1954, with the exception of reparations for III Reich oppression and atrocities. The GDR in turn had to accept the Oder-Neisse border, which gave around 1/4 of GDR’s historic territory to Poland and the USSR. Poland’s former communist government, agreed in 1953 to not to make any further claims on GDR. Poland’s former Communist government waived its right to German post-war compensation back in 1953, as part of its commitment to “contribute to solving the GDR question in the spirit of democracy and peace.” However, many argue that the agreement was unlawful since the government at the time was under pressure from the Soviet Union, and following the reunification of the GFR in the 1990s the matter has faced new scrutiny. As to the GFR the federal government has claimed that its duty to compensate Poland was denounced in the 1950s but insists that it continues to stand by its moral and financial duties to the victims of the war. The GFR hadn’t paid reparations to non-Jewish recipients for the damage inflicted in Poland. The agreement signed by Mr. Gierek and Mr. Schmidt in 1975 in Warsaw, stipulated that 1.3 billion DM will be paid to Poles who, during Nazi occupation, had paid into GFR’s social security system without receiving pension. After German reunification, Poland demanded reparations again, as a reaction to claims made by German refugee organizations demanding compensation for property and land repossessed by the new Polish state that they were forcibly deported from as a stipulation of the Potsdam Agreement and the mentioned Oder-Neisse border. In 1992, the Foundation for Polish-German Reconciliation was founded by the Polish and GFR governments, and as a result GFR paid Polish sufferers ca. 4.7 billion PLN. There is still an ongoing debate among international law experts if Poland still has the right to demand war reparations, with some arguing that the 1954 declaration wasn’t legal. According to a statement made by the German government in 2017, the reparations issue was resolved in 1953 as Poland declined receiving any payments from the GFR. However, it’s worth remembering that in 2004, the Polish government reaffirmed that decision when, in return, Chancellor Gerhard Schröder promised that the GFR’s government would not support demands for damages lodged by expellees against the Polish government. The decision came about dueto the fact that the GFR had relinquished former eastern territories to Poland as compensation for III Reich war crimes. Poland’s ruling officials are stepping up calls to demand compensation from the GFR for damages caused in WW II, potentially deepening a divide between the European Union’s largest eastern member and the bloc’s biggest economy. Between the collapse of communism in 1989 and 2004 when Poland joined the EU, subsequent governments declared the issue of war reparations from the GFR closed, based on a declaration of the 1953 communist administration in Warsaw and treaties from 1970 and 1990 with the GFR. Presently the Polish parliament’s research office is preparing an analysis of whether Poland can legally make the claim and will have it ready by Aug. 11, 2017 according to Deputy Arkadiusz Mularczyk, a lawmaker with the ruling Law and Justice party who requested the report. One of the reasons that the government is reopening the question may be to demonstrate it isn’t intimidated by the EU’s criticism for democratic backsliding. The bloc has opened an unprecedented probe into Poland over the rule-of-law that’s centered on a government push to strip the judiciary of its independence by giving politicians greater control over the courts. In response to the Poland’s new demand Ulrike Demmer, deputy spokeswoman for the GFR government, said that, while the GFR assumed political, moral and financial responsibility for the WW, the question of restitution was closed. The deputy spokeswoman added, that the GFR has made significant reparations for general war damage, including to Poland, and is still paying significant compensation for III Reich wrongdoing. Further it is stated that the federal government has paid billions over the years in compensation, namely to Polish survivors, for war crimes committed during WW II. The country has also acknowledged its responsibility for keeping alive the memory of atrocities committed by the III Reich. As far as German lawyers and scholars are concerned, the issue was resolved years ago and are not afraid of any possible lawsuit in the International Court of Justice. In 2004, Jochen Frowein, an expert on international law and the former director of the Max Planck Institute in Heidelberg, along with a Polish historian, came to the conclusion that no such demand by Poland had any chance of being upheld in a court of law – and that remains the case today. In his opinion the question has been “legally resolved and definitively settled.” He also points to the Treaty on the Final Settlement with Respect to the GFR, known also as the Two plus Four Agreement. The agreement, signed in 1990, paved the way for German reunification and also made clear that the GFR would not be responsible to pay any further reparations stemming from WW II. Frowein refutes Polish Defense Minister Senor Antoni Macierewicz’s claim that Poland’s 1953 waiver is invalid because communist Poland was not a sovereign state. “Poland’s 1953 renunciation of reparations claims against the GFR remains valid even today. The fact that the constitutional situation in Poland has changed and that it is no longer a communist state does nothing to change the validity of that declaration. Many other treaties that Poland signed at the time have also remained in effect.

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Konsekwencje gospodarcze wyroku Federalnego Trybunału Konstytucyjnego RFN w przedmiocie pierwszeństwa prawa UE

100%

Orłowski W. M.

Zeszyty Prawnicze BAS

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2020

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issue 3(67)

141-148

EN

The subject of the opinion is a judgment issued by the German Federal Constitutional Court regarding the program of purchase of public sector assets on secondary markets conducted by the European Central Bank in 2015–2018. The opinion concerns only the economic aspects of the FCC judgment, in particular the impact on the current and future economic situation of the euro area, the monetary policy pursued, the competences of the European Central Bank, as well as the potential impact on the Polish economy.

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PRAWA CZŁOWIEKA W NIEMIECKIEJ POLITYCE ROZWOJOWEJ

86%

Paterek A.

Polityka i Społeczeństwo

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2018

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issue 4(16)

5-17 (13)

EN

This paper describes the principles and characteristics of the human rights-based approach (HRBA) in German development cooperation. In 2011 the German Federal Ministry for Economic Cooperation and Development (BMZ) adopted a binding Human Rights Strategy, which reaffirmed human rights as one of the guiding principles in all sectors and priority areas of German development policy such as education, health care or agricultural development. The paper briefly presents how human rights can be protect-ed through political dialogue with partner countries and the use of conditionality when providing German budget support. It presents the key issues of implementing human rights in German development cooperation policy.

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The European Migration Crisis as a Factor in Foreign Market Entry Decisions of German Multinationals

72%

Bodil Huyer E., Trouille J.-M.

Studia Europejskie-Studies in European Affairs

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2017

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issue 2

23-41

EN

The largest influx of refugees since German unification has generated new challenges and opportunities in Germany’s society, culture, politics and economy. Theory advocates the advantages for international business of institutional change, migrations and integration. However, a negative public perception can conceal and inhibit resources and opportunities for German multinational enterprises. How did the attitude of Germany towards refugees change in 2015 and 2016? How did formal and informal German institutions react on the EU refugee crisis? How has this affected decision makers in German MNEs in terms of foreign market entry choices? How do German MNEs evaluate the long-term consequences of this crisis? This paper investigates in which ways the infl ux of refugees and migrants who arrived in Germany has affected the international business strategy of German MNEs. It is divided into two parts. Part One analyses the impact of this crisis on German culture, society, government, politics and economics and examines how it has been perceived and displayed. Part Two will further investigate how German MNEs are infl uenced by the migration context in Germany and Europe and how this affects their foreign market entry strategies in emerging economies.

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Rozwiązania prawne dotyczące lokatorskich spółdzielni mieszkaniowych, kooperatyw mieszkaniowych oraz form własności warunkowej w Czechach, Danii, Francji, Niemczech, Szwajcarii i Szwecji

72%

Adamiec D., Branna J., Dziewulak D., Firlej N., Groszkowska K., Karkowska M., Żołądek Ł.

Zeszyty Prawnicze BAS

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2021

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issue 4(72)

258-288

EN

The study presents information on legal solutions regarding tenancy housing associations, housing cooperatives and forms of conditional ownership in selected European Union member states and Switzerland.

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Stanisława Bieniasza i Henryka Sekulskiego zmagania z brzemieniem niemieckości

72%

Supady G.

Prace Literaturoznawcze

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2017

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issue 5

263–282

EN

In this article, examples of the literary work of two Polish authors: Stanisław Bieniasz and Henryk Sekulski are presented. Bieniasz and Sekulski are contemporaneous writers who spent part of their life in Germany. In their books they illustrate the Polish immigrant community in East and West Germany in the 1970s and 80s. Bieniasz was a Silesian who portrayed his experiences in North Rhine-Westphalia, while Sekulski came from a small village in eastern Poland and lived for several years as an unskilled worker in Leipzig in the GDR. In these different Germanys their culture and customs were confronted with a new, strange world. Their observations bear witness to the failure of many Polish people to live in Germany as citizens on equal terms. The mainly pessimistic views of Bieniasz and Sekulski are contrasted with Günter Grass’s journalistic essay on the unification of Germany and with the analysis of the German soul by the French author: Bernard Nuss.

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Metody finansowania koniunktury gospodarczej w Niemczech. Polityka pieniężno-walutowa Banku Rzeszy w latach 1929–1939 (część II )

72%

Klimiuk Z.

Społeczeństwo i Polityka

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2020

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issue 3(64)

63-78

PL

W artykule przeanalizowano politykę pieniężno-walutową Banku Rzeszy w latach 1929–1939 ze zwróceniem szczególnej uwagi na jego podwójną rolę w tym okresie: jako źródło pieniądza, z którego finansowano potrzeby skarbu oraz najskuteczniejszy czynnik oddziaływania na rynek pieniężny i skarbowy. Głównym zadaniem polityki pieniężnej i walutowej Banku Rzeszy było przywrócenie zaufania do marki niemieckiej (Reichsmrek, RM) i utrzymanie jej kursu na poziomie parytetu. Chodziło przede wszystkim o zaufanie zagranicznych sfer finansowych, bowiem krajowe nie odgrywały żadnej roli na skutek dewastacji kapitalizacyjnej dokonanej przez hiperinflację. Plan Dewesa stworzył możliwości napływu zagranicznych kapitałów, które dostarczały dewiz będących prawnym zabezpieczeniem emisji not Banku Rzeszy. W dniu 15.06.1939 r. kanclerz Rzeszy podpisał nową ustawę o niemieckim Banku Rzeszy. Akt ten był wyrazem zmian, jakie nastąpiły w ostatnich latach w Niemczech w poglądach na rolę banku centralnego.

EN

The article analyzes the monetary and foreign exchange policy of the Reichsbank in the period 1929–1939 with particular attention given to the bank’s dual role in this period: as a source of money used to finance the state treasury’s needs and as the most effective actor affecting the money market and treasuries’ market. The main task of the Reichsbank’s monetary and exchange rate policy was to restore confidence in the German currency (the Reichsmark) to maintain its exchange rate at the level of parity. The main objective of such a policy was to gain and maintain the trust of foreign financial circles, since domestic ones did not play any role because of the devastation of capital caused by hyperinflation. Dewes’ plan created the possibility of an inflow of foreign capital, which provided foreign exchange serving as legal collateral for the issuance of the Reichsbank’s notes. On June 15, 1939, the Reich’s Chancellor signed a new act on the Germany’s Reichsbank. This act was an expression of changes that have taken place in the previous years in Germany concerning the views on the central bank’s role.

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Nietrafiony projekt? Skutki prawno-polityczne Aktu 5 listopada 1916 roku

72%

Makiłła D.

Miscellanea Historico-Archivistica

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2017

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issue 24

103-115

PL

W artykule przedstawiono okoliczności powstania w połowie 1916 r. koncepcji utworzenia państwa polskiego przez Niemcy i Austro-Węgry na ziemiach polskich zdobytych w 1915 r. na Rosji. Nowo utworzone Królestwo Polski miało podlegać zwierzchnictwu państw centralnych. Jego powstanie zadeklarowali w manifeście z 5 XI 1916 r. cesarz niemiecki Wilhelm i cesarz austro-węgierski Franciszek Józef. Koncepcja utworzenia państwa polskiego była wyrazem politycznych i militarnych interesów państw centralnych. Jej realizacja zależna była od koniunktury wojennej, której zmienność wpływała na niekonsekwentne postępowanie państw centralnych zawiedzionych ostrożną reakcją społeczeństwa polskiego na akt 5 listopada. W ramach powstałego Królestwa Polski utworzono szereg instytucji i organów państwowych. Wskutek przegranej przez państwa centralne wojny korzyści z ich polityki w sprawie nowo powstałego państwa polskiego odniosła jedynie strona polska.

EN

The paper presents the circumstances of creation, in mid-1916, of a concept for Germany and Austro-Hungarian Empire to create a Polish state in Polish territories captured from Russia in 1915. The newly created Kingdom of Poland was to be subordinated to the Central Powers. Its creation was announced in the Manifesto of 5th November 1916 by Emperor of Germany Wilhelm II and Emperor of Austria, Franz Joseph I. The concept of creating a Polish state was an expression of political and military interests of the Central Powers. Its implementation was dependent on the turns of war, volatility of which resulted in inconsistent behaviour of the Central Powers, disappointed by Polish community’s cautious reaction to the Act of 5ht November. Within the Kingdom of Poland, a number of institutions and bodies of state were established. Since Central Powers lost the war, their policy with respect to the newly created Polish state brought benefi ts only to the Polish side.

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Einige Betrachtungen zu Königin Luise

58%

Supady G.

Prace Literaturoznawcze

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2016

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issue 4

2347

EN

This article is motivated by the poems of Marcin and Otto Gerss about the Prussian queen Luise. The author of this articlec onsiders first the cult of queen Luise in Prussia, and then in Germany. He describes some elements of the myth that was born while the queen still lived. Queen Luise had a significant influence on the imagination and consciousness of both the masses and the enlightened. The untimely death of the mother of kings further intensified the belief in her exceptional meaning for the founding myth of the German Empire. The author does not evaluate the character and deeds of queen Luise. He mainly concentrates on her places of remembrance that are located in Poland. He notes that polish scientists and journali- sts have previously shown limited interest in this historical figure. However, information of the traces of her stays in different regions of Poland are currently gaining more visibility in scientifi carticles and popular online-services.

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OCHRONA TRWAŁOŚCI STOSUNKU PRACY W NIEMCZECH

58%

Świętnicki T.

Roczniki Administracji i Prawa

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2018

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vol. 1

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issue XVIII

391-402

PL

Celem niniejszego artykułu jest przedstawienie ochrony trwałości stosunku pracy w Niemczech oraz zarysu systemu prawa pracy panującego w Niemczech, jednocześnie próba odpowiedzi na pytanie, jakie są podstawy/przesłanki co do zasady przedmiotowej ochrony. Samym przedmiotem mojej analizy są zasady ochrony trwałości stosunków pracy nawiązanych na podstawie umowy o pracę. Stosunki pracy, które mają swoją genezę w mianowaniu, oraz ich cechy charakterystyczne pozostają poza obszarem tego artykułu, ponieważ wymagałoby to znacznie obszerniejszego opracowania.

EN

The aim of this article is to present the protection of the permanence for the employment relationship in Germany and to outline the labor law system prevailing in Germany, as well as attempt to answer the question what are the grounds / prerequisites as a rule of the subject protection. The subject of my analysis are the principles of protection for he permanence of employment relationships established on the basis of a contract for the employee. Labor relations that have their origins in the appointment, and their characteristics remain outside the scope of my article, because it would need a much extensive study.

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Odpowiedzialność odszkodowawcza NRF w XXI wieku – Próba opisu

Konsekwencje gospodarcze wyroku Federalnego Trybunału Konstytucyjnego RFN w przedmiocie pierwszeństwa prawa UE

PRAWA CZŁOWIEKA W NIEMIECKIEJ POLITYCE ROZWOJOWEJ

The European Migration Crisis as a Factor in Foreign Market Entry Decisions of German Multinationals

Rozwiązania prawne dotyczące lokatorskich spółdzielni mieszkaniowych, kooperatyw mieszkaniowych oraz form własności warunkowej w Czechach, Danii, Francji, Niemczech, Szwajcarii i Szwecji

Stanisława Bieniasza i Henryka Sekulskiego zmagania z brzemieniem niemieckości

Metody finansowania koniunktury gospodarczej w Niemczech. Polityka pieniężno-walutowa Banku Rzeszy w latach 1929–1939 (część II )

Nietrafiony projekt? Skutki prawno-polityczne Aktu 5 listopada 1916 roku

Einige Betrachtungen zu Königin Luise

OCHRONA TRWAŁOŚCI STOSUNKU PRACY W NIEMCZECH