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EN
At the current stage of information technology development there is no need, as yet, to modify Polish norms referring to the maritime transport of cargo. Information technology can be applied without limitation. Therefore, the maritime code modeled on RHV normalizations can remain without alteration and maintain the consistence of solutions in both international and domestic law.
EN
The Peking Rules have not been ratified in an official document and carry no legal weight. They are just a private set of regulations for settling loss and damage by sacrifice. They were accepted by the China Council for the Promotion of International Trade (CCPIT) on 1 January 1975 and remain in force today. The structure of the Peking Rules is uniform and is not divided into general and specific regulations. The rules are comprised of a peculiar type of preamble and eight titled articles. The range of loss and damage by sacrifice includes extraordinary losses, damages, and reasonably incurred extraordinary expenses resulting from actions taken to protect vessel and cargo from a common danger posed by forces of nature, accidents, or other extraordinary circumstance that can occur in maritime transport. Undoubtedly, the York-Antwerp Rules, especially their Hamburg version from 1974, significantly influenced the Peking Rules, as is reflected by the striking similarities in text and character of the two sets of rules. The authoress also discusses the problem of the Peking Rules in reference to the Polish maritime code.
EN
The modifiers in the title of this paper - 'community', 'union' and 'European' - are in general use with regard to the same legal phenomena. This general terminological distinction has a negative effect on the terminology of the academic study of maritime law, and there is no reason why this should be so. The most appropriate term world be 'European maritime law'. The article presents arguments in favor of the use of this term.
PL
Celem opracowania jest przedstawienie okoliczności powstania rezolucji nr 1763 zatytułowanej Prawo do sprzeciwu sumienia w ramach legalnej opieki medycznej przyjętej przez Zgromadzenie Parlamentarne Rady Europy w dniu 7 października 2010 roku. Projekt rezolucji opracowany został przez posłów z ugrupowań socjalistycznych i lewicowych, a jego celem było ograniczenie prawa do sprzeciwu sumienia przez pracowników służby zdrowia i zwiększenie dostępności pacjentów do zalegalizowanych, ale kontrowersyjnych moralnie świadczeń medycznych, przede wszystkim aborcji. Prace nad dokumentem rozpoczęły się w dniu 14 października 2008 roku złożeniem przez grupę posłów wniosku zawierającego projekt rezolucji. Projekt został następnie oddany pod obrady Komisji ds. Społecznych, Zdrowia i Rodziny oraz Komisji ds. Równości Kobiet i Mężczyzn. Przyjęcie dokumentu poprzedzone zostało burzliwą debatą wokół charakteru prawa do sprzeciwu sumienia oraz jego zakresu przedmiotowego i podmiotowego w odniesieniu do systemu opieki medycznej i prawa do ochrony zdrowia. W wyniku przyjętych poprawek ostateczny tekst dokumentu odbiegał istotnie od jego pierwotnej wersji. Zdecydowanie podkreślono w nim fundamentalny charakter prawa do wolności sumienia, w tym prawa do sprzeciwu sumienia, ale również odpowiedzialność państwa za zapewnienie pacjentom dostępu do legalnych świadczeń medycznych. Na końcu opracowania przedstawione zostało polskie tłumaczenie rezolucji nr 1763.
EN
This paper elaborates on the origin of Resolution 1763 The right to conscientious objection in lawful medical care, adopted by the Parliamentary Assembly of the Council of Europe on 7 October 2010. The draft resolution was prepared by the socialist and leftist MPs and aimed to curtail the right to conscientious objection by medical personnel and to increase the availability of legal, yet morally controversial, medical services, especially abortion. The work on the document began on 14 October 2008 when a group of MPs put forward a motion containing the draft resolution. The draft was later submitted to deliberations of the Committee on Social, Health and Family Affairs and the Committee for Equality between Women and Men. Adoption of the document was preceded by a stormy debate on the nature of the right to conscientious objection and its subjective and objective scope as regards the medical care system and the right to health protection. The adopted amendments significantly altered the original text. The final draft laid a strong emphasis on the fundamental nature of the right to freedom of conscience, including the right to conscientious objection, but also stressed the responsibility of the state for providing patients with access to lawful medical services. The Polish translation of Resolution 1763 has been attached at the end of the paper.
EN
The authors discuss the importance of scientific work in the present post-modern information society. The important pioneer of juridical science constitution in Slovakia is Professor Stefan Luby, who laid its foundations in the first half of last century. He realized its social importance and did not fail broader interdisciplinary context and found rich inspiration beyond juridical science. The use of philosophy is important for a proper understanding and evaluation of knowledge of special sciences. The authors consider the intergenerational discontinuity of socio-economic and cultural developments as cause of the hypertrophy of law and policy during the so-called transition period. This discontinuity originates in a completely different perception of man and society in the years 1948 - 1989 and the last twenty years post-November development transformation. The inability of the long-term experience preservation causes the repetition of the same mistakes and the returning legacy problems. The authors devote to general issues of the jurisprudence and closer engage in the wider issues of the interdisciplinary issues about 'balancing interests' in the copyright law.
EN
(Title in Slovak - 'Krok vpred na ceste k dosiahnutiu efektivneho sukromnopravneho vymahania sutazneho prava – Biela kniha Europskej komisie o nahrade skody sposobenej porusenim sutazneho prava'). The aim of the article is to concern on the aspects of private enforcement of antitrust law and on the European Comission's recent efforts in this field. In this point of view, the article deals with White Paper on damages actions for breach of the EC antitrust rules, which was adopted in April 2008 and represent latest trends in the field of private enforcement of antitrust law. The purpose of the article is also to analyse latest legislative efforts in this area in Czech Republic.
EN
The euro counterfeiting can be characterized as a socially negative phenomenon, one of the most serious crime, which does not has impact any more only on the interest of one country or nation, but it attacks the financial interest of whole European union. That's why the European Union protects its currency by establishing institutions designated to protect the euro as well as by its legislation. But the main responsibility for the euro protection is on the member states. The Slovak republic as a member of the European Union and a part of the Euro zone provides an appropriate protection to the euro against counterfeiting. Introducing of the euro in Slovakia on 1 January 2009 had also impact on amount and structure of counterfeits seized in our territory. Despite the increasing number of counterfeits and their quality, the situation is considered to be established nowadays. The Police Force as a part of European Union Law enforcement agencies system is able to face this problem, but the effective combat against currency counterfeiting, that is known as a transnational crime, calls for officer's new requirements in form of specific knowledge and skills. Regarding the possibilities of the prevention in this field, the warning people by media in order to encourage them to be carefully when they manipulate with cash and pay attention to be able to detect counterfeits seems to be the best option. By this behaviour of people we could keep the circulation from being overloaded by counterfeits and avoid endangering the financial interest of the European Union as well as people.
EN
The article analyses changes in the Parliamentary Act on Public Offers from January 29, 2004. The author concentrates on the government and self management institutions obliged to comply to the Act as well as on the businesses influenced by that law. The article analyses most controversial solutions proposed by the legislators in that Act and the opinion on those solutions.
EN
The author in his contribution offers a classification of the penal law different from the traditional classification to the procedural and material parts. He has been inspired by Pratel and others who thing aloud of the 'reallocation' and new conception of the classification of the rules. The main argument is the search for the interface and the interdisciplinary character of the individual institutes of penal law such as sentence, evidence, judgement, proof, offence, facts of the case, etc. The author endeavours to support his views by argumentation of well-known theoreticians and philosophers of law, especially from the normative school (of Brno and Vienna), but he does not forget the most renowned experts in penal law, such as prof. Husar, prof. Mattern and prof. Ivor. In the end the author admits that the classification is especially the theoretical issue, but such classification might partially close the gap between material law and procedural law and hence to contribute to a closer union and better cohesion of the penal law as branch of science.
Pieniądze i Więź
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2010
|
vol. 13
|
issue 3(48)
92-105
EN
The purpose of this article is to identify the major changes in the new law on savings and loans associations in the section concerning the new structure of authorities, the process of creating credit unions, membership and the new role of the National SKOK. In author's opinion the new law on savings and loans associations in the form passed by the parliament essentially changes the way of functioning of the SKOK credit unions. The intention of the legislator which was indicated in a justification to the draft of law on SKOK credit unions was primarily to establish surveillance of the Financial Supervision Commission, to ensure the safety of SKOK credit unions' members. It seems that most indicated regulations aims not to protect members or ensure a fair state supervision, but to reduce the competitiveness of SKOK credit unions in relation to the banks. The author also draws attention to the fact that during the world economical crisis, the new law regulating the segment, which handles well in the financial market, steadily increases the number of members and reaches more and better financial results, has been fundamentally changed.
EN
The author of the article presents the detailed analysis of the main normative documents governing the matters of national safety at the legislative level, shows the objective necessity of legal science development in the field of national safety, defines promising trends of its development, emphasizes the necessity of further buildup of national safety system through elaboration of appropriate laws, concepts, doctrines, strategies and programs. He provides convincing evidences that qualified formation of national goals and strategies cannot be done without understanding of global issues, confidence in the further safe development of society and the state.
EN
Article describes the meaning, importance and system of basic principles of criminal procedure. Article focuses on principle not to be tried or punished twice or 'ne bis in idem' as it has been embodied in legal regulation of Czechoslovakia and is embodied in legal regulation of Slovakia. The author compares legal regulations of this principle in different legal systems and documents of international law. The article examines most important cases in case law of European court of human rights, which broaden the interpretation of principle 'ne bis in idem'. A separate paragraph handles influence of European Union's integration process of common judicial and police policy on interpretation of the principle 'ne bis in idem'. These tendencies give international validity to the principle 'ne bis in idem'. First paragraph defines the term 'basic principle of criminal procedure' and the importance of principles during the criminal procedure. Then it describes short development of legal regulation involving principle 'ne bis in idem' in such statutes as Bill of basic rights and freedoms, Constitution of Slovak Republic and Codes of Criminal Procedure. Second paragpraph desribes incorporation of principle 'ne bis in idem' into the most important international documents. The regulation of Convention for the Protection of Human Rights and Fundamental Freedoms is describes more detailed. Third paragraph follow partial steps on the road to common judicial and police policy of the European Union. The steps focus on solution of cases in which more states have jurisdiction to decide, acceptance of foreign criminal sentences and sufficient punishment of other countries.
EN
The aim of this article is to present the possible conceptions of regulating corporate groups in company law from the comparative perspective. The article starts with the analysis of methods of regulating corporate groups that are now in use. This analysis is followed by the description of the main functions of regulations. The article ends with the concise presentation of the author's suggestions concerning general foundations of Polish law of corporate groups.
14
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Soudní moc cirkve a účast laiků na ní

100%
Studia theologica
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2008
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vol. 10
|
issue 4
52-73
EN
This article analyses the contemporary canonical-legal situation of the laity in the relation to the execution of church power of governance, especially judicial power. It points out the multivalent interpretation of the possibility of participation of lays on the judicial power of the Church that comes out from norms comprised in c. 129 § 2 C.I.C. and c. 1421 § 2 C.I.C., ie whether the lays can be the bearers of this power and on which base or whether they only participate in their execution. Article describes the concrete possibilities of involvement of the lays into the work of Church tribunals as judges, defenders of the bond, promoters of justice, notaries, advocates, procurators, experts etc. There is a need to clarify the legislation for the better formal precision of law in this sphere.
EN
The article attempts to give a brief survey of fundamental changes brought by the Lisbon Treaty. At the same time it gives analysis of the new regulations based on domestic and foreign legal literature referring to this topic. It drives attention to the problems and open questions evoked by the new legal regulations. It does not avoid controversial discussion concerning sovereignty and competences forming a natural starting point of understanding of competences in the EU and their division between the EU and its member states.
PL
Trudno nie zgodzić się z przyjętą przez większość badaczy tezą o funkcjonowaniu tolerancji religijnej w XVII-wiecznym Marylandzie, angielskiej kolonii złożonej w Ameryce w 1634 r. przez katolika Cecila Calverta, Lorda Baltimore. Wystarczy przypomnieć, iż przysięga gubernatora kolonii z 1648 r. była pierwszym amerykańskim aktem prawnym zawierającym słynną klauzulę swobodnej praktyki (free exercise of religion), a uchwalony w Marylandzie w 1649 r. An Act Concerning Religion pierwszą amerykańską ustawą gwarantującą przedmiotową swobodę wszystkim chrześcijanom. Badania zaprezentowane w niniejszym artykule pozwalają jednak postawić tezę, iż dla lordów Baltimore ostatecznym celem realizowanej w XVII-wiecznym Marylandzie tolerancji religijnej było wprowadzenie rozdziału kościoła od państwa w kolonii. Powyższe założenie pozwala na właściwe zrozumienie zarówno marylandzkich regulacji prawno-wyznaniowych jak i polityki tolerancji religijnej lordów Baltimore. Tytułem przykładu wskazać można na przeprowadzone przez władze Marylandu prześladowanie kwakrów, którzy z pobudek konfesyjnych odmawiali składania przysięgi wierności na rzecz Lorda Baltimore. Prześladowanie to pozostaje w sprzeczności z faktem, iż żaden z kwakrów, a nawet Żyd otwarcie przeczący boskości Chrystusa, nie zostali ukarani za bluźnierstwo przeciwko Trójcy Świętej, za który to czyn de iure groziła w XVII-wiecznym Marylandzie kara śmierci. Sprzeczność ta okaże się być jednak tylko pozorna, jeśli za podstawę powyższej polityki przyjmiemy realizację zasady rozdziału kościoła od państwa, gwarantującej świecki porządek w kolonii.
EN
For many historians it is certain that in the seventeenth century Maryland, an English colony founded in America in 1634 by a Catholic, Cecil Calvert, Lord Baltimore, there was religious toleration. It is difficult to disagree with this statement. The oath of the Governor of Maryland from 1648 was the first American legal document which used the famous free exercise clause. Furthermore, An Act Concerning Religion enacted in Maryland in 1649, was the first American legislative act which guaranteed the free exercise of religion to all Christians. However, as far as this paper is concerned, it was not religious toleration that Lords Baltimore finally wanted to achieve. Their real idea was the separation of the church and state. This is the most convincing explanation not only of the seventeenth century Maryland religious laws, but also of the politics of the Lords Baltimore in the field of religious toleration. For instance, the Maryland government persecuted Quakers, after on the base of their religion they refused to take an oath of fidelity to the Lord Baltimore. In contrast to that, not one Quaker or even Jew, who openly denied the divinity of Christ, was punished for blasphemy against the Holy Trinity, which was by the law a capital crime in the seventeenth century Maryland. The reason behind this confusing policy was the realization of the idea of the separation of church and state which guaranteed the secular order in the colony.
EN
AThis article presents proposed amendments to the social cooperatives' act - anticipated effects, concerns and benefits. The aim of the amendment's project is to organize the existing legal situation. The study tries to specify the consequences of the decision that legal person will be able to establish social co-operatives, as well as to answer the question of whether the social co-operative will or won't be in a privileged position, as a result of the amendment? The authoress answers also other questions, such as: which role a social co-operative is intended to play and what is legislator's intention in this respect? The article is an attempt to investigate draft of the amendment's regulation and comment on them.
EN
Advocate's oath of office is a solemn declaration taken publicly in a prescribed form, by which a new attorney obliges himself both to accomplish properly his professional duties and to respect primary principles of advocate's deontology. The taking of the oath of office is a conditio sine qua non to the admission to commence legal practice. Normative sense of the given institution coexists with its symbolic dimension as a source of attorney's ethics and identity. The article presents institution of advocate's oath of office in the Polish legal order, from 16th century to nowadays. The first mention of the advocate's swearing-in in Poland dates back to the year 1543. Over the span of nearly five centuries the analyzed institution has undergone significant changes. In the interwar period the advocate's oath of office gained the secular dimension. Up to this time the oath nominally had been taken to God, which was verbalised in the following phrase: 'I swear to Almighty God, One in the Holy Trinity'. In the First Polish Republic attorneys took the oath before land courts. Since the Second Polish Republic advocate's oath is taken in the presence of the Dean of District Bar Council. In the times of the Noble Republic of Poland the text of advocate's oath of office was more and more extensive and casuistic. Nowadays it articulates only rudimentary principles of lawyer's deontology. Subsequent versions of the oath's text starting from the 1932 Law on the Advocates' Profession did not differ radically, embracing similar rules governing advocate's professional practice. After Second World War the text of advocate's oath, in contrary to oaths of office of polish judges and prosecutors, avoided political ideologization. Currently new member admitting to the Bar swears to use all his strength to protect citizens' rights and freedoms, to strengthen the legal order of the Republic of Poland, to perform his duties eagerly, conscientiously and in accordance with the provisions of law, to protect professional secrets and to conduct himself with dignity, honesty, propriety and according to the principles of social justice. The course of taking the advocate's oath of office is a result of customary practice of the Bar. Advocates recite the oath's words collectively. One can put into consideration change of this swearing-in manner, so that new advocates may declaim the oath's words one at a time. The proposed solution would increase the solemnity of the swearing-in ceremony. The paper ends with some de lege ferenda remarks. There is a need to provide in a statute the possibility of completing advocate's swearing-in with the words 'So help me God'. One should also place a referral to the advocate's oath of office in the Advocates' Code of Ethics. The author of the article in care of legal certainty and security postulates also to determine unequivocally on a statute level a few further issues, such as consequences of the oath's infringement or sanctions for refusing to take the oath (removal from the list of advocates).
EN
The breach of contract and its consequences present the topic that is regulated in a quite blind way in conditions of the Slovak legal milieu. The above mentioned fact is not true in the so called 'European private law initiatives' that are many times denoted as model regulations for the particular national legal regulations. Due to the re-codification efforts in Slovakia, it is necessary to analyze the possibilities of the national legislature in detail. The basic presumption is the account with the problematic terminological aspects, such as a breach of contract versus non-performance and consequences versus remedies. In this way, only the above mentioned account enables finding of the relevant solutions of the problematic aspects of the national regulation.
EN
The guidelines in the White Book regarding the development of transport confirmed the conclusions reached by the European Council in Gothenburg regarding, on the one hand, the necessity of optimization, and, on the other, compliance with principles of sustainable development. The second issue, in particular, lays out the conditions for the creation of a contemporary transportation system that will equalize economic results with social costs and the environmental pollution. The expectations are that cabotage transport will become an alternative to ground transport. Cabotage transport between the European ports has not developed to the extent anticipated. The White Book reveals that the development of short distance marine transport, which is currently a priority in EU maritime policy, will stimulate undertakings in the Baltic and North seas regions. The expansion of the European Union should lead to significant possibilities for the further development of cabotage transport. The European Commission anticipates that the Baltic region will be the fastest developing European region in 2002-2010. This provides opportunities but also sets out challenges for Polish vessel owners and seaports, which, as instruments of growing economic exchange, will contribute to the economic development of the country.
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