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EN
Unemployment is classified today as one of the main threats to society. The phenomenon affects the lives of individuals, the functioning of families and society and development of the state. It is often the source of other social problems such as poverty, violence, or social pathologies. The article presents the scale and nature of unemployment occurring after 1989 in Poland and in selected European Union countries, i.e. the Netherlands, Spain, Slovakia and Latvia. It attempts to show the characteristic trends of the phenomenon over a period of more than two decades. Examples from the European countries analysed show that the situation in the labour market and the approach to employment are radically different. Individual countries are characterised by very different unemployment rates, which reflect their different size, economic and demographic potential, or are associated with the tradition of employment. The existence of differences seems to be normal, but their scale may give rise to concern. A characteristic feature of unemployment in the period analysed is its regional diversity, both in Poland and in the whole of the European community. Important factors that determine the level of unemployment are age, sex, education and people’s qualifications. The effects of long-term unemployment are very painful for the whole of society. Such a situation can lead to, amongst others, poverty, societal antagonism, violence and migration. The latter is an issue that the whole of Europe is currently struggling with. The uncontrolled influx of immigrants, including those migrating for economic reasons, causes fear of losing their job among Europeans, which in turn translates into the radicalisation of society. A role of the state and the EU institutions is to create an effective mechanism for the protection and support of the unemployed. This is a prerequisite for Europeans to continue the project which is a common united Europe.
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Four pillars of aging policy in the United States

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EN
To understand aging policy in the United States, it is critical to understand the federal budget, which along with national defense is dominated by Social Security, the publicly funded pay-as-you-go universal retirement program, and health care programs largely targeting the elderly (Medicare) and the poor, including the poor elderly (Medicaid). Not only is a large portion of the U.S. federal budget spent on elders, spending under these categories is mandatory: in other words, Social Security, Medicare, and Medicaid are entitlements, guaranteed by law. Politicians therefore have limited ability to allocate funds elsewhere. Discretion is further limited by the fact that currently, the U.S. budget is operating under a defi cit. Th ese budgetary pressures have evoked a variety of policy responses, which vary according to political affi liation. No matter the ideological vantage point, however, the spiraling cost of existing commitments has prevented serious consideration of other, emerging public policy issues in aging, such as the perilous state of systems for providing long-term services and supports (LTSS). Still, one bright spot is increasing attention to end-of-life issues – most likely because this is viewed as a cost-saver. It is because of Social Security, health care, LTSS, and end-of-life care that aging policy is central to the current budgetary and political debate in the U.S., a position that will only grow with time with the aging of the unprecedentedly large “baby boom” cohort born between 1946 and 1964. Th e irony is that these programs are in fact hugely popular among recipients and potential recipients. Th at is not to say that Social Security and programs providing health care to the poor and the elderly do not need reforming: there is enormous waste in the system. Yet sensible proposals for reform are oft en stymied by political obstructionism. So, too, are attempts to plan more systematically and thoughtfully about the growing aging population in the U.S. An advantage of the U.S. federal system of government is that in some cases progress can be made at the state-level such as with LTSS and end-of-life care; the downside is that this creates enormous cross-national disparities and that it fails to utilize the tools and the power that central government alone can provide.
EN
The need to pass a new Act on the National Council of the Judiciary became apparent after the Constitutional Tribunal’s judgment of 19 November 2009 (ref. no. K 62/07), which ruled that leaving the proceedings before the National Council of the Judiciary (KRS) and the procedure for its functioning beyond the statutory regulation is unconstitutional . This judgment compelled the legislature to on the bill which was adopted on May 12, 2011. The author attempts to examine the extent to which the standards developed in the jurisprudence of the Supreme Court have been reflected in the Act. The article is based on the analysis of 114 decisions of the Supreme Court. Those decisions are thematically diverse, but can be classified according to their content. They cover the following issues: the formal requirements that appeals from the resolutions of KRS in individual cases must comply with, and the scope of cognition of the Supreme Court; criteria used by KRS for assessing candidates for the position of a judge, the relationship between KRS and the President of the Republic in the appointment procedure, retirement of judges on grounds health, consent to further holding of the position by a judge who has attained 65 years of age; procedural standards aaplied in KRS in individual cases. The overall assessment of the Supreme Court case law on matters related to KRS leads to several conclusions. First of all, the Court accentuated the significance of its own review for individual proceedings held before KRS, and rightly reduced strict formal requirements relating to the appeal. Similarly, one should assess the thoroughness with which the Court controlled the criteria of assement of the parties to the proceedings, used by KRS. Recognition is also deserved by consistency with which the Court challenged the conduct of the Council on matters concerning the health status of judges, when KRS adopted resolutions on the basis of judgments of ZUS (Social Insurance Institution) evaluating doctors, without sufficient examination of all the relevant circumstances. The course work on the draft Law on National Court can does not allow us to declare whether and to what extent the shape of the statutory solutions depend on the case law the Supreme Court. Such explanations are not included in the explanatory statement to the bill. Comparison of the text of the Act with the content of the Supreme Court’s judgments, however, suggests that its jurisprudence has had a significant impact on the provisions of the bill.
EN
The paper discusses the effects of temporary total prohibition of Open-end Pension Fund advertising. This prohibitive regulation was in force in the years 2014–2015 and has raised many controversies, and ultimately became the subject of the Constitutional Court summons. The main thesis of the article is that temporary total prohibition of Open-end Pension Fund advertising has contributed to a decrease in the amount of contributions paid to Open-end Pension Funds and started the process of gradual and informal phasing-out of funded part of pension system in Poland. The scientific method used in this paper is economic analysis of law.
The Lawyer Quarterly
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2017
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vol. 7
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issue 4
225-230
EN
As well historically as in the present times, the French Social Security system is particularly complex in what concerns the respective parts of private law and public law. It is characterized by a crossing of these two branches of law and this crossing is manifest in the general organization of the system than in many of its elements and this crossing is manifest as well in the general organization of the system as in many of its elements. So, one of the main questions today is to know towards which direction the French Social Security System will make its way in the future. It is not sure at all that the intricacy of public and private law, very complex though it is, will be abandoned in the following years.
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