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EN
Community self–reliance, which is guaranteed in article 165 of the Polish Constitution of 2 April 1997, does not preclude judicial review in relation to the resolutions of the municipal council, which is made in relation to the determination of land use and ways of its development in the zoning plan. The possibility of such control gives the complaint, which must be filed under article 110 of the Act of the Local Government of 8 March 1990. This raises the question of whether any property owner may bring an action on a resolution of the municipal council, taken in connection with the fixing of land use. At issue is primarily a possibility effectively to challenge a resolution on the study of conditions and directions of spatial management. Besides, it was necessary to draw attention to the possibility of using an application as a tool for land owners that are not covered by the boundariesdrawnup and enacted local plans. Also pointed to the problem of complaints by the successors of property owners who have acquired ownership of the entry into force of the resolution of the municipal council.
EN
ADR (Alternative Dispute Resolution), as a non-judicial resolution of disputes, is a wide range of mechanisms that aim to put an end to a conflict without the need of conducting a trial before the court. On the other hand, the modern form of ADR is ODR (Online Dispute Resolution) – an online dispute resolution system that is the expression of the newest means of communication and technical innovations in order to help in non-judicial dispute resolving. The goal of this publication is to present the ODR platform and, in particular, to describe the process of filing a complaint by the consumer by means of it.
Prawo
|
2015
|
issue 317
189 - 194
EN
The author accepts as amatter of principle the thesis of the commented judgement concerning lack of adebtor of the attached claim’s right to lodge an application in subject matter of the exclusion of an item or the right in property rights from execution. The author stressed that — due to provisions of the Act on the Administrative Enforcement Proceedings — the debtor of the attached claim has at his disposal different legal means such as, especially, a right to lodge acomplaint) serving as instruments of countering the attachement of claim or property rights in case the enforcement authority does not have legal grounds for it; additionaly, she noticed that the scope of legal protection offered to the debtor of the attached claim in administrative enforcement proceedings properly secures his legal status.
EN
The aim of this study is to analyse the operation of a new institution in the form of a complaint by the electoral representative against the resolutions of the National Electoral Commission in the form of guidelines and explanations, as well as to assess the legitimacy of the implementation of this institution into the Polish electoral law. On the one hand, there is no doubt that this solution contributes to the implementation of a long-reported postulate for the decisions of the election administration to be brought under judicial control, and also influences the extension of the catalogue of instruments for social control of the election process. On the other hand, however, it is impossible to analyse a venture of this institution with complete disregard for other conditions of the election process. The analysis is intended to provide an answer to the question of whether the complaint against the resolutions of the National Electoral Commission, as referred to in Article 162a of the Polish Election Code, in its current form is a desirable component of the Polish electoral law, or is it rather an institution limiting the efficiency of the election process. In the study, the construction of Article 161a of the Election Code was examined using a formal and legal method, and the consequences of the application of the new solution in election practice were analysed using an empirical method and the achievements of the doctrine of constitutional law.
EN
The present study discusses the issue of security on property institution with reference to a fine. The article presents the essence of the matter and the main goal of security on property. It points out the objective scope of the institution, ways of enforcement as well as legal regulations concerning the cancellation of security on property. The study also presents the types of and ways of implementing security on property. The attention is also paid to the importance of the discussed institution in the process of fine proceedings.
EN
The resolution adopted by the Supreme Administrative Court, composed of seven judges, stating that the submission of a complaint about the inactivity of a public authority after the final decision has been issued is an obstacle to the substantive examination of such a complaint by the administrative court, does not deserve approval. Complaints for inaction fulfill not only a disciplinary function, but also a repressive and preventive function. The inadmissibility of such a complaint prevents a party to administrative proceedings from pursuing claims for damages for an unlawful act/omission of the public authority, thus placing it in a worse position than the parties to court proceedings, which, even after the final conclusion of the proceedings, may seek redress for damage resulting from excessive length of court proceedings. However, recognizing the risk of abuse of a complaint for inaction several or several dozen years after the decision was issued, it is reasonable for the legislator to introduce a maximum time limit for filing a complaint correlated with the statute of limitations for damages claims.
EN
The subject matter dealt with by the author in this paper is the analysis of the communication function of legal means in the general administrative procedure. The popularity of this problem area is owed, to a large extent, to the great role which the legal means play in creating a good system of protection of the individual’s rights in a democratic state. The paper is an attempt at analyzing the elements which shape the communication process and which influence the character of the legal means. The elements that are vital and accompany the legal relation which arises in consequence of applied legal means, as well as their influence on settlements of the organ of appeal.
EN
Germany is a democratic state of law that respects human rights. As a member of the Council of Europe, in 1952 it implemented into its domestic law the European Convention on Human Rights - an international document on universal protection of human rights adopted by the Council of Europe. The aim of the article is to analyze whether and to what extent German citizens filed individual complaints to the European Court of Human Rights over the past nine years (2006-2014). The article seeks to answer the question if the German system of human rights protection is effective. One of the indicators of effectiveness is the number of complaints brought from Germany to the ECtHR in relation to the number of inhabitants and also compared to the total number of complaints from the 47 member states of the Council of Europe. The analysis will cover statistics on the number of judgments in German cases before the Court in Strasbourg issued between 2006 and 2014. This will be helpful in determining the degree and the type of violations by the German state of the human rights protected by the European Convention on Human Rights.
PL
Raport 8D jest podstawowym narzędziem zgłaszania problemu jakościowego w systemach zarządzania jakością. W publikacji przedstawiono sposób raportowania 8D w obsłudze reklamacji. Przyjmując strukturę raportowania, przygotowano przykład analizy reklamacji ilościowej wyrobów hutniczych.
EN
The publication presents the structure of 8D report. The report is used in quality management system and in complaint process. According to the structure of the report in the publication the problem of quantity complaint – an example: steel product - was presented.
EN
The form and the function of the prosangelma in the Ptolemaic period has been thoroughly examined in the classic M. Hombert and C. Préaux, "Recherches sur le prosaggelma à l'époque ptolémaïque", C.d'É., 17 (1942). In the ensuing years, new texts were published to contribute to the already available material e.g. Aly (1958), Mosallamy (1971), Parca (1984) and a further discussion appears in Parca (1985). Texts published later include P. Köln V 216, SB XVIII 13160, P. Köln VI 272, SB XVI 12813 and 12823, P. Erasm. I 4, Gonis (1992), and most recently SB XXII 15803 and P. Phrur. Diosk 1. The papyrus I am going to discuss belongs to the collection of the University of Giessen. It is a fragment of a report of a burglary committed by unknown individuals in a house of undefined localization, but as the purchase history suggests it might come from Medinet el-Fayum. The report is submitted in the said form of a prosangelma, which implies a certain handling process and addresses particular officials (most commonly a phylakites or a komogrammateus). Moreover, the form of a prosangelma is gradually expanded in the Ptolemaic period, beginning with a short report in the 3rd century B.C. and increasing its length by adding more details to the main body in the 2nd century B.C. Therefore, aside from the palaeographical factor the text can be dated on the basis of the phraseology used (if of course there are no other indicators) and, particularly, by analyzing the appearance of some reoccurring technical expressions: διὸ ἐπιδίδωμι in this case, as well as other linguistic aspects. This is what this paper will attempt to examine.
EN
Article devoted to assessing the conditions and leisure of school children.Based on the study and evaluation of the hygienic conditions and recreation of children of school age a number of adverse factors that may adversely affect the health of children are identified Overall health of children depends not only on educational factors, but also on the learning environment at home and leisure and recreation. It is found out, that almost half of respondents (42.01±2.16 %) prefer spending leisure time at the computer, which provokes in pupils complaints of feeling unwell (47.27±2.19 %). Children holding considerable time at the computer and watching television may be due more to the fact that most of pupils (68.02±2.05 %) at the weekends stay at home, 12.50±1.45 % of children spend the weekend in rural areas and only a small percentage of respondents traveled with family or walk in the city (10.03±1.32 %) and in the country (9.45±1.28 %). The highest percentage of complaints was registered among children of secondary school age (47.27±2.19 %). The share of children of primary school age and older who complained was 27.27±1.95 % and 25.45±1.91 % respectively. It is defined, that among reasons of complaints of children in all age-related groups the predominant was long studies at school (42.59±2.17 %). Second place among reasons of children’s complaints occupies the long performance of a home task (30.09±2.01 %) and the third place occupies physical activity at the lessons of physical culture (27.18±1.95 %). It is determined, that 50.0±2.19 % of children does homework at the writing desk which does not suit for it, which could affect the formation of correct posture and quality of homework. The valuation of working place of children during the performance of a home assignment allowed setting reliable cross-correlation between disparity of working place of hygienic requirements of schoolchildren and presence of complaints (r=0.45, p<0.05). Prospects for further research the author considers in the assessment of leisure of children who are engaged in sports sections.
Acta Iuris Stetinensis
|
2020
|
vol. 29
|
issue 1
127-145
EN
The subject of this paper involves issues related to the statics of the lawsuit. Herein, defective legislative technique applied in the contents of Article 1861 of the Code of Civil Procedure is indicated. The use of indefinite phrases lacking an explicit designation of terminology is pointed out: “the writ (...), the contents of which do not imply the request to recognise a civil-case litigation” or “exceptional circumstances justifying initiation of proceedings”. It is stated within that allowing the possibility of returning by the president the writ filed as an action stipulated in Article 1861 of the Code of Civil Procedure should be de facto and de iure considered as a potential possibility of depriving the party of any path to assert claims and thus, limits their constitutional right to court. It is also underlined herein that such a situation can lead to too far-reaching and undesirable discrepancies in court practice in the scope of application thereof, since particular judges and judging panels (in recognition of e.g. a complaint) can interpret this norm differently. This may lead to situations where civil proceedings become an unforeseeable and disordered activity, as well as to situations where the loss of a guarantee to a fair trial is of significance for the participants thereof.
EN
The purpose of this article is to present the most significant legal problems related to judicial control of actions of administration within the scope of development policy. The following issues have been discussed: admissibility of judicial control, object of control exercised by administrative courts and judicial proceedings in these matters. Distribution of funds from the European Union has been regulated by the Act on the Principles of Implementing the Development Policy (APIDP). APIDP also regulates judicial control of actions of administration within the scope of development policy. The proceedings before administrative courts was regulated differently in APIDP than in the Law on Proceedings before Administrative Courts (LPAC), significantly modifying general procedural rules. This causes numerous controversies and interpretative difficulties. In the course of argument I establish that the subject of the control exercised by administrative courts are, so-called, otheracts and activities of the administration. The so-called information on the outcome of the appeal procedure shall be considered as other act and activity of the administration. The views recognizing information as an administrative decision or factual action are erroneous. The article further discusses the problems of complaint to administrative court, i.e. filing the complaint, terms, payment of court fees, the issue of so-called ‘completeness’ of the complaint. Then the activities of the administrative court have been analyzed, i.e. acceptance of complaint, dismissal of complaint, or leaving the complaint without consideration. It was found that the court may also reject the complaint or leave it without recognition, which is controversial due to unclear wording of the APIDP. Provisions of APIDP has been assessed negatively as causing confusion, chaotic, full of legislative errors. Some provisions have to remain dead (eg. terms of considering complaints), others are clearly unconstitutional.
EN
The articles discusses administrative complaint as a measure that can protect the interest of an individual when confronted with public administration bodies. It explains the origin of the institution of complaint as well as its concept and substance. Next, consideration is given to the bodies competent to handle complaints, the obligations of authorities in competent to process complaints as well as complaints in individual cases. Finally, administrative complaint was analysed against the backdrop of a final administrative decision, the method and notification of complaint handling and the re-filing of a groundless complaint.
PL
Przedstawiony artykuł podejmuje problematykę skargi administracyjnej jako środka ochrony interesów jednostki względem organów administracji publicznej. W artykule omówiono genezę instytucji skargi oraz pojęcie i istotę skargi. Następnie rozważaniom poddano właściwość do rozpatrywania skarg, obowiązki organu niewłaściwego do rozpatrywania skarg, jak również skargę w sprawie indywidualnej. W dalszych rozważaniach zanalizowano skargę a ostateczną decyzję administracyjną, sposób oraz zawiadomienie o załatwieniu skargi, a także ponowienie bezzasadnej skargi.
PL
Przedmiotem artykułu jest nowa instytucja Rzecznika Finansowego funkcjonująca w polskim porządku prawnym. Autor porusza problematykę kompetencji Rzecznika Finansowego w zakresie ochrony konsumenta. Zwraca uwagę na genezę powstania instytucji, zadania i korzyści dla konsumenta. Jak wynika z zamieszczonych w artykule rozważań, Rzecznik Finansowy stoi na straży ochrony konsumenta, czyli słabszej strony stosunku prawnego w starciu z podmiotami rynku finansowego. W podsumowaniu pracy autor zwrócił uwagę, że bez aktywności konsumenta nie będzie dobrze funkcjonującego Rzecznika Finansowego.
EN
The subject matter of the article is the new institution of the Financial Ombudsman functioning in the Polish legal system. The author raises the issue of the competence of the Financial Ombudsman in the field of consumer protection. The attention is drawn to the origins of the institution, tasks and benefits for the consumer. As it follows from the contents of the article, the Financial Ombudsman upholds protection of a consumer which is the weaker party of a legal relationship against the entities of a financial market. In the conclusion, the author pointed out that without the involvement of the consumer the Financial Ombudsman will not be functioning well.
EN
This article concerns the problem of the use of pre-trial detention as a result of recognition by the appellate court a complaint for failure of this preventive measure by the court of first instance. The article addresses the unique character of this design, ie., in particular, the use of detention for the first time by the court ad quem, the opportunity to appeal against the decision of the court of appeal and appeal in the so-called horizontal instance. Moreover indicated in the similarity, and also the inconsistency of the legislature to regulate the position of the accused acquitted in the first instance to the situation of the suspect, to which in the first instance did not apply the strictest of preventive measures. The article signaled that the unlimited detention on remand by the court of appeal by reference to ne peius rules, this is a rule that prevents a judgment amending, by which the situation of the accused would be prejudiced, may be a manifestation of the violation of the principle of equality, and thus overemphasize the constitutionality of detention by a court ad quem.
PL
Niniejszy artykuł został poświęcony problematyce zastosowania tymczasowego aresztowania w wyniku rozpoznania przez sąd odwoławczy zażalenia na niezastosowanie tego środka zapobiegawczego przez sąd I instancji. W artykule poruszono wyjątkowy charakter omawianej konstrukcji, tj. w szczególności zastosowanie aresztu po raz pierwszy przez sąd ad quem, możliwość odwołania się od orzeczenia wydanego przez sąd odwoławczy oraz odwołanie w tzw. instancji poziomej. Nadto wskazano na podobieństwo, a zarazem niekonsekwencję ustawodawcy w zakresie uregulowania pozycji oskarżonego uniewinnionego w I instancji z sytuacją podejrzanego, wobec którego w I instancji nie zastosowano najsurowszego z środków zapobiegawczych. W artykule zasygnalizowano, że brak ograniczenia stosowania tymczasowego aresztowania przez sąd odwoławczy poprzez odwołanie się do reguły ne peius, tj. reguły uniemożliwiającej wydanie orzeczenia reformatoryjnego, mocą którego sytuacja oskarżonego miałaby ulec pogorszeniu, może stanowić przejaw złamania zasady równości i tym samym przekreślać konstytucyjność stosowania aresztu przez sąd ad quem.
EN
The study focuses on the memoirs, private literary sources, particularly on their distinct type known as křiky and pláče (complaints and laments), and their different interpretations in the fields of history and literary history. Four texts are presented, predominantly literary ones, that canal so be studied as historical sources. They are Václav Černý’s Paměti, especially its second volume called Křik / Pláč koruny české, Ladislav Jehlička’s Křik koruny svatováclavské, Jan Zahradníček’s Pláč koruny svatováclavské and Jakub Arbes’ Pláč koruny české neboli Perzekuce lidu českého v letech 1868–1873. The main aim of the study is to find and describe their common features and their close relation to history.
EN
In the commented judgment, the Constitutional Tribunal stated that the provisions of laws and regulations providing for the right of officers of many services to search a person or carry out a personal inspection are inconsistent with the Constitution of the Republic of Poland. The inappropriate division of regulations between laws and sub-statutory acts, violating the constitutional requirement of specifying the principles and procedure of limiting the rights and freedoms of the individual at the level of a law, was rightly ques-tioned. The Tribunal also referred to the obligation to ensure effective mechanisms of protection of individuals against unjustified interference with their rights through the introduction of effective measures of appeal against undertaken actions. Due to the narrow scope of the Ombudsman’s request initiating proceedings before the Tribunal, the consideration was limited only to certain aspects of searches and personal inspection. However, valuable, albeit fragmentary, references to the essence of these activities and their nor-mative shape, desirable from the constitutional perspective, can be found in the judgement.
Prawo
|
2014
|
issue 316/1
95 - 114
EN
The withdrawal of a complaint to the administrative court refers to the main procedural act of the process before the administrative court, which initiates the process of judicial review of the legality of the action, inaction or excessive length of proceedings before the public administration. The withdrawal of a complaint to the administrative court is a procedural act of the complainant, who is defending his legal interest. The withdrawal of a complaint incorporates a statement of resignation from the protection of individual public rights before the administrative court. Protection of individual interest before the administrative court and the model of administrative justice which is focused not only on the protection of an objective legal order, but also individual public rights, require an analysis of the withdrawal of a complaint to the administrative court, which also includes the issue of revocation of the withdrawal of a complaint to the administrative court. The issue of the legal admissibility of revocation of the withdrawal of a complaint to the court has a fundamental significance for the determination of the legal limit of constitutional human rights to the court. This problem is more complicated and concerns the issue of the legal limits of the protection of individual interest before the court and the objective legal order within the institution to the withdrawal of a complaint to WSA and its importance from the point of view of the function of administrative justice and human rights to the court.
EN
Preliminary decision is a security measure intended to protect rights and freedoms. It may be issued only in the event that the enforcement of the judgment, decision or another ruling in the case to which the complaint refers might result in negative and irreversible consequences linked with great detriment to the person making the complaint or where a vital public interest or another vital interest of the person making the complaint speaks in favour thereof, and also in the event that the judgment, decision or another ruling in the case to which the complaint refers has not been fully enforced. After satisfying all the conditions justifying the initiation of the procedure which may result in the repeal of unconstitutional law, it is possible – in particular circumstances - to suspend or stop the enforcement of the judgment. However, when the reasons for which the preliminary decision was given have ceased to have effect, such decision should be reversed by the Constitutional Tribunal.
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