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1

In Quest for the Model of Civic Social Policy

100%
Kaminski S.
Problemy Polityki Społecznej. Studia i Dyskusje
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2006
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vol. 9
33-41
EN
The aim of the article is to present one of the possible models of social policy - civic social policy. The author argues that traditional models such as those proposed by Esping- Andersen are based on the ideological criteria, which makes it difficult to accept one of them by all political parties. Therefore, the solution is to create model which concerns ways of accomplishment of social policy rather than ideology. Presenting the concept of civic social policy, the author argues that not only government, but also citizens and companies should be responsible for social and economic life. The subsidiarity should be the main rule organizing the social policy. The social capital can be used to accomplish some social tasks. When choosing the contractor of social tasks, price should not be the only criteria, but direct and indirect results rather.
2
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INDEPENDENCE OF LOCAL GOVERNMENT IN THE CONTEXT OF THE CONSTITUTION

100%
Lipowicz I.
Przegląd Sejmowy
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2007
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issue 4(81)
175-193
EN
Independence of local government is often pointed out in the literature and jurisprudence as one of the most recognized attribute of local government and which deserves particular protection. This article presents the evolution of this idea, constitutionally approved in 1997. Among basic types of independence: systemic, material and financial, the last one is particularly well examined and interpreted, other types are less developed in the literature and jurisprudence. The article shows this disproportion on the example of systemic (political) independence. The authoress attempts to show the foundations and systemic reasons for the existence of local government. She points out the role played in this process by the Constitution Tribunal. While the formal independence of local government is consistently defended (the requirement of statutory procedure for any interference in its independence is not questioned), its material independence may be easily limited where the legislator can credibly justify that other constitutional goals and values deserving protection have been given priority. It might be noticed that the scope of independence of local government has been gradually reduced in defiance of the constitutional requirement of permanent increase in decentralization. The authoress concludes that a more comprehensive understanding of independence may result from a new interpretation of the notion of subsidiarity which, together with decentralization, provides a foundation of independence.
3
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JURISPRUDENCE OF THE CONSTITUTIONAL TRIBUNAL ON THE INTRODUCTION TO THE CONSTITUTION OF THE REPUBLIC OF POLAND OF THE 2ND APRIL 1997 (Wstep do Konstytucji z 2 kwietnia 1997 r. w orzecznictwie Trybunalu Konstytucyjnego)

100%
Plowiec W.
Przegląd Sejmowy
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2010
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issue 1(96)
9-23
EN
The Constitutional Tribunal invokes the Introduction to the Constitution both on its own initiative and when the entities initiating proceedings before the Tribunal indicate it (i.e. the Introduction) as a basis for review of the constitutionality of the challenged provisions. Under the established practice, the Constitutional Tribunal has most often invoked those phrases of the Introduction of the Constitution which deal with: the principle of subsidiarity, the obligation of solidarity with others, experiences of the times when fundamental freedoms and human rights were violated in our Homeland, cooperation between the public powers, social dialogue, diligence and efficiency in the work of public bodies, the inherent dignity of the person, cooperation with all countries for the good of the Human Family, as well as universal values, such as truth and justice. The jurisprudence of the Constitutional Tribunal does not give an unequivocal assessment of the Introduction to the Constitution. On the one hand, the Tribunal holds that one may not derive any legal norms stricto sensu on the basis of the text of the Introduction. On the other hand, it refers to the preamble in the operative part of its judgments. The analysis of Tribunal's jurisprudence allows us to say that the Tribunal acknowledges as legal norms of their elements at least two phrases of the preamble - 'to ensure diligence and efficiency in the work of public bodies' and 'cooperation between the public powers, social dialogue as well as on the principle of subsidiarity'. The Constitutional Tribunal most often invokes the Introduction to the Constitution when justifying particular interpretation of the provisions of the Constitution, of the challenged provisions or the interpretation of the decision itself. Such use of the preamble to the Constitution raises no controversy and fully corresponds to the function attributed to preambles of normative acts as texts specifying axiologic foundations of legal regulations.
4

RESTORATÍVNE PRVKY V SPRÁVNOM TRESTANÍ

100%
Tomaš L.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
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2021
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vol. 104
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issue 2
155 – 169
EN
The Slovak legal regulation of administrative punishment is in many respects interspersed. The means of applying elements of restorative justice are no exception. The normative diction of the law on misdemeanors, or even another regulation, hardly thinks about them. In the scientific literature to date, there have been several inspiring considerations about the possibilities of modifying this state within the processes of creating the future sanction law of public administration. However, it is not possible to limit the formulation of impulses in the de lege ferenda level, especially in the legal-application context. Administrative authorities apply the applicable law in the process of hearing administrative offenses. Therefore, attention should be paid to methods of strengthening the restorative element in administrative punishment in the light of an effective normative platform. The examination of these aspects is the subject of a translated article. The author focuses on whether the categories of the general theory of law (interpretation, the legal imperative of analogy, subsidiarity of legislation) can create space for strengthening the restorative element in administrative punishment. He examines the above, especially in the light of the possibilities of concluding a settlement on a proper tort.
5

VÝZNAM PRINCÍPU SUBSIDIARITY PRE MACINTYROVU VÍZIU POLITIKY

88%
Kuna M.
Filozofia (Philosophy)
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2018
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vol. 73
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issue 5
389 – 399
EN
This paper explores how a viable politics of the common good depends on the principle of subsidiarity. First, it offers a description and assessment of Alasdair MacIntyre's Catholic politics of the common good. On this background MacIntyre's position is seen as interesting yet problematic. Contrary to the principle of subsidiarity, MacIntyre takes an excessively critical, negative stance on state politics and on common goods achievable through the operation of state. Therefore, the paper argues for the inclusion of subsidiarity into his vision of politics, since any adequate politics of the common good requires its recognition and application.
6

Stratehii rozvytku Ukrainy i dylema spetsialnykh ekonomichnykh zon: subsydiarnyi rehionalizm versus systemnyi derehulovanyi traibalizm

75%
Sinchenko V. V.
Mekhanizm Rehuluvannya Economiky
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2011
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vol. 2 (52)
60-69
EN
The paper carried out a study of models of modern trends in special economic zones in the context of national and global economy. Analyzed forms of regulation of regional economic development in the areas of industrial cooperation and the problem of creating an integrated system of the domestic market. We study the effectiveness of various forms of centralized and decentralized control regions.
7
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JE MOŽNÉ ZACHRÁNIT PRINCIP SUBSIDIARITY?

63%
Míčka R.
Studia theologica
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2012
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vol. 14
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issue 2
99–117
EN
This article responds to critical notes in Vaclav Klaus’s book European Integration Without Illusions (2011) and attempts to outline the historical and content development of the concept of subsidiarity in the context of Catholic social doctrine. It describes its particular aspects and connections, ways of use in the tradition of the social encyclicals and in the area of Catholic social thought. The article comes to the conclusion that the concept of subsidiarity is a formal principle which is filled with a varied content. Its use in documents of the European Union and in discussions about European integration is therefore problematic. It also suggests the revitalization of this concept in the spirit of human freedom and human dignity and in the spirit of interpretations by John Paul II and Benedict XVI.
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