Search results - CEJSH

1

Administracyjnoprawna ochrona konsumenta na rynku finansowym

100%

Michór A.

Opolskie Studia Administracyjno-Prawne

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2018

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vol. 16

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issue 1 (3)

113-125

PL

Protection of the consumer who is active on the financial market, by means of administrative law, is one of the essential elements of legal protection granted to the consumer on the financial market. It is expressed in interference in civil relations of the parties to the agreements and in making the law, exercising the license function and applying administrative sanctions.

2

Pojęcia interes prawny i interes publiczny na tle założeń doktryny prawa

89%

Górecki P.

Studia Administracyjne

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2009

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issue 1

75-89

PL

Ustawodawca od pewnego czasu coraz częściej posługuje się terminem „interes prawny”, w szczególności traktując go jako narzędzie do określenia legitymacji procesowej, czy też uzależnia od jego istnienia możliwość przyznania uprawnienia lub dokonania czynności. W systemie polskiego prawa można wskazać około stu aktów normatywnych zawierających zarówno normy prawa materialnego, procesowego, jak i ustrojowego, w których treści znajduje się to pojęcie. Nauka także posługuje się „interesem prawnym”. Nie tylko w celu podejmowania prób wyjaśnienia jego znaczenia, ale także do porządkowania zjawisk prawnych, jak chociażby klasyfikowania podmiotów legitymowanych do wniesienia skargi do sądu administracyjnego

EN

Terms the “legal interest” and the “public interest” do not have their own legal definitions. The legislator left it to science and practice to provide these terms with appropriate content. This possibility to create and indicate places of these terms in the system of legal thinking arose a line of controversy and discussions. Starting from the total negation up to unquestionable recognition of existence and the need for using them, what in consequence led to the recognition that both the “legal interest” and the “public interest” have their long-lasting place in administrative law, especially procedural one. Since both interests were defined, the next step was to find existence of the mutual relations between the “legal interest” and the “public interest”. Many concepts analysing the mutual relations between the legal interest and the public interest may be indicated in the history of law and political-legal doctrines. In all concepts presenting these relations one relationship is emphasized, that is that equal status or dominance of one interest over another depend, first of all, on political-social relations dominating in a given state, and the context, disciplines of law and other legally relevant conditions later.

3

THE NEED FOR RESEARCH ON PUBLIC SUBJECTIVE RIGHTSOF PERSONS WITH DISABILITIESFROM THE PERSPECTIVE OF POLISH ADMINISTRATIVE LAW

89%

Sienkiewicz T.

Review of European and Comparative Law

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2017

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vol. 28

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issue 1

41-65

EN

When dealing with citizens, public administration has numerous opportunities for abuse of its privileged position. The study of public subjective rights of disabled persons in public law is important because the relation under administrative law is not an equal relation. The state is always the stronger party. When a party to this relation is a person with a dysfunction of the body, a situation is created which is highly unfavourable for this person because of the natural tendency of the state system (including public authorities) to use its privileged position. This can result in actual discrimination of persons with disabilities. The purpose of the law is the common good and welfare of individual persons. Respecting the welfare of persons with disabilities in the public law guarantees the realization of the common good. One can not create the law while ignoring the rules governing human life. As Petrażycki wrote, “the highest good to which we should strive in policy in general and legal policy in particular – is the moral development of man and the rule of highest rational ethics among human beings, namely, the ideal of love” (Petrażycki, 1968, translation mine).

4

Protection of The Wolf in The Context of Polish Administrative Law

89%

Sobieraj K., Zacharczuk P.

Review of European and Comparative Law

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2016

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vol. 25

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issue 2

91-102

EN

In view of the fact that about 80% of the wolf ’s population in Europe is of cross-border type, the conservation status of a particular wolf ’s population depends on the sum of the states national regulations sharing the population.The Polish national regulations thus have an impact upon the protection of three wolf ’s populations in Europe. They should thus become an object of interest also at the international forum. This article presents the broad-based Polish system of administrative and legal regulations of wolf ’s protection aimed at accomplishment of international and EU obligations. Poland, due to the relatively advanced level of legal protection of the wolf, may play a substantial role in restoring the population of this carnivore to the territories of many western European countries (the process already initiated through the presence of Polish wolves in Germany).

5

O poglądach naukowych Profesora Jana Bocia

75%

Kiczka K.

Opolskie Studia Administracyjno-Prawne

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2018

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vol. 16

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issue 1 (2)

159-169

PL

Professor Jan Boć conducted important and extensive research. Some arrangements contained in his achievements have entered the canon of administrative law and science of administration. The Professor is a continuator and builder of the Wroclaw School of Administrative Law.

6

Sankcje w postaci kar pieniężnych

71%

Wierzbowski M., Żywicka A.

Studia Prawa Publicznego

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2023

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issue 4 (44)

39-52

EN

Over the several decades of her scientific activity, Professor Teresa Rabska played an outstanding role in the formation of Polish administrative law, particularly during the political and economic transformations of the late 1980s, when Prof. Rabska was actively involved in the field. Within public economic law, the role of the state and its tools for influencing the economy have evolved fundamentally. In this area, the administrative sanctions with which administrative bodies were equipped have developed profoundly and taken on an important function. Undoubtedly, the European Union plays a significant role in the development of administrative penalties. Penalties are imposed in the form of administrative decisions, issued according to procedures governed by the Code of Administrative Procedure. This Code and other laws enumerate the prerequisites for assessing a penalty. Among these, the omission of the element of guilt must be a cause for concern. Consequently, particularly in the case of penalties imposed on individuals, the penalty may be imposed on a person to whom no fault can be attributed in the violation of the law that caused the punishment. The system of fines thus arouses great dissatisfaction among market participants. An analysis of the system of administrative penalties in Poland raises the issue of harmonizing solutions on the scale of the European Union, as it is expected that penalties should be of similar size in all member states. However, the statutory enshrinement of high penalties in the current legislation does not prejudge the practice of imposing them. Given the smaller revenues generated in Poland, the penalties imposed should be proportionately lower. Moreover, the law does not categorically require the imposition of high penalties. The legislation often uses the word “may,” from which some people draw conclusions about the imposition of penalties under administrative discretion, which is not legitimate.

7

Zasada rządów prawa w koncepcji Alberta Venn Diceya

71%

Zabdyr-Jamróz M.

Politeja : Pismo Wydziału Studiów Miedzynarodowych i Politycznych Uniwersytetu Jagiellońskiego

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2013

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issue 1(23)

311-345

EN

The aim of this paper is to present the original theory of the English rule of law developed by Victorian‑era constitutional scholar, Albert Venn Dicey. The uniqueness of this theory will be presented, as well as its historical and doctrinal context, and theoretical implications. Dicey’s legal positivism identifies the rule of law as one of the two basic principles of the English unwritten constitution (together with the principle of sovereignty of Parliament). The rule of law itself consists of three components – the ideas of legal freedom, legal equality and predominance of the legal spirit. The latter is due to the inductive nature of the British constitution and in practice results in a strong emphasis on the institutional guarantees of the rule of law. The second idea – legal equality – in Dicey’s opinion interfered with the concept of administrative law, as it was developed on the European continent thus making it manifestly contrary to the English rule of law.

8

Genesis of Administrative Justice and Administrative Procedure in Latvia

71%

Bērtaite-Pudāne I.

Miscellanea Historico-Iuridica

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2023

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vol. 22

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issue 1

103-118

EN

In 2021, the administrative courts of Latvia celebrated two significant anniversaries. The first was one hundred years since the adoption of the Act on Administrative Courts, which was the beginning of administrative justice in Latvia. The second significant anniversary – 20 years ago a modern Administrative Procedure Act was adopted and separate administrative courts were established. This article aims to describe the genesis of administrative justice in Latvia during the Interwar Period and after the restoration of Latvia’s independence in 1991. Administrative justice a hundred years ago and now is an instrument that ensures the observance of fundamental principles of democracy and the rule of law. Thus, the present day connects us with the time 100 years ago. At the same time, it should be acknowledged that the assessment of the regulation of administrative procedure, as well as the organization of administrative justice, in Latvia, differ significantly between then and now. The article analyses the reasons why the 1921 Act on Administrative Courts was considered outdated and incomplete as it approached its twentieth anniversary, while the current Administrative Procedure Act, celebrating its twentieth anniversary, is considered to be of a success story. The article also examines the challenges that characterized administrative justice in the Interwar Period and nowadays, looking for commonalities and differences. The article uses both interwar and contemporary legal sources. The article uses analytical and historical research methods. The article can serve as a source of information for further comparative studies on the genesis of administrative justice in the region.

9

Opinia prawna na temat niektórych przepisów poselskiego projektu ustawy o zmianie ustawy – Prawo łowieckie

71%

Lackoroński B.

Zeszyty Prawnicze BAS

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2016

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issue 2(50)

141-151

EN

Under the proposed amendment of Hunting Law, decisions on compensation issued by a province governor (wojewoda) could not be appealed to an administrative court based on the alleged illegality. The author points out that there should not be a situation in which two decisions are made in the same case, one by a public authority and the other by the court of general jurisdiction, none of which has effect on the binding force of another one. An analysis of the bill allows us to conclude that the decision of the voivodship governor, to the extent to which the case will be decided upon the judgment of the court of general jurisdiction, will cease to have effect. The author argues that in order to ensure greater legal certainty it could be advisable to regulate expressly the mutual relationship between the administrative and civil law procedures and the decisions issued in the course of each of them.

10

Administracyjne kary pieniężne w ustawie o produktach kosmetycznych a dyrektywy wymiaru kary z art. 189d Kodeksu postępowania administracyjnego

71%

Żywicka A., Wierzbowski M.

Studia Prawa Publicznego

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2022

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issue 3 (39)

39-62

EN

Within the legal system applicable in the Republic of Poland, it is the Act on cosmetic products of 4 October 2018 that regulates the supervision and supervisory measures in the market for such products. The domestic scheme of market supervision in respect of cosmetic products involves the competencies of the State Sanitary Inspectorate and the Trade Inspectorate. These bodies have been equipped with supervisory measures in the form of administrative sanctions, the most severe of which are financial administrative penalties imposed on business entities under their administrative criminal liability. The ratio legis of this legislative act is based on the premise that the appropriate level of protection of public interest (consumer health and life protection) may be best achieved through the preventive and repressive character of fines. The article substantiates the claim that effective supervision (which provides an appropriate level of consumer health and life protection) determines that supervisory bodies employ financial administrative penalties in judicial matters only if the directives on the penalty extent are understood correctly. This article constitutes a dogmatic and legal analysis of the statutory premises which determine the extent of financial administrative penalties imposed by supervisory bodies (the so-called ‘directives on the penalty extent’) on entrepreneurs within the cosmetics industry under the scheme stipulated in the Act on cosmetic products of 4 October 2018. The article aims to present how these premises are understood and applied in judicial matters by the State Sanitary Inspectorate and the Trade Inspectorate. It is the correct understanding and application of these premises (directives) for the extent of financial administrative penalties that result in the appropriate behaviour on the part of the entrepreneur during the course of the proceedings. This, in turn, is a direct consequence of the extent and severity of the administrative monetary penalty, as it has a preventive and repressive function.

11

Formy samorządu korporacyjnego w Polsce – dwadzieścia lat doświadczeń państwa demokratycznego

71%

Kmieciak R.

Przegląd Zachodni

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2012

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issue 1(342)

43-68

EN

One of the biggest achievements of the process of the socio-political transformation in Poland is a vast decentralization of the sphere of public power. From the perspective of administrative law, decentralization is understood as a system in which there is a large number of independent centres equipped with public and legal competences and one main centre. Decentralization is therefore a procedure of transferring certain public functions so far restricted to the competence of the central government to groups of citizens organized as corporations. The object of the analysis presented in the article is corporative self-government grounded in the union of persons with obligatory membership. Corporative self-government which exemplifies decentralization is not a one-dimensional notion referring only to territorial relations. An essential role in the system of representing the interests of particular milieus falls to special self-government which is set apart by other criteria. According to this division, within the special self-government we further distinguish trade self-government and economic self-government. The article emphasizes the fact that the success of the Polish self-government reform will be complete only when there is a harmonious development of all the forms of corporative self-government irrespective of the character of bonds between their members. As legal entities, self-governments will then be in the service of democracy and will strengthen the civic society.

12

Koncepcja rzeczy publicznej w prawie niemieckim. Ujęcie historyczne z zakresu prawa administracyjnego

71%

Bielecki L.

Przegląd Prawa Publicznego

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2013

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issue 4

76-84

EN

In the study I analyse individual concepts in German scholarship with regard to the public thing in the administrative law. Based on German scholarship it is possible to make assertions about public things in their conceptual presentation, as occurring due to their usefulness through public purposes, public allocation. Such things are maintained for permanent use by the individual. Such a use of the thing was called special. However, in the case of things remaining in the universal use, there arises a definite claim for using them in the special or company use. In the third category, the concept of the public thing remains in connection with the above discussed administrative use of the thing. The three concepts are the foundations which German scholarship of public things in the administrative law is based on.

13

Pojęcie prawa administracyjnego i nauki prawa administracyjnego w koncepcji V.E. Orlando

71%

Nowak J.

Prawo

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2016

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issue 320

91-106

EN

The purpose of this article is to demonstrate the influence of German writers, first of all the pandectists, on the thought of V.E. Orlando and the role they played. Orlando was the founder and constructor of Italian public law scholarship. The paper is based on the research of F. Longchamps de Bérier, but also M.S. Giannini, A. Sandulli and S. Cassese. The article describes three issues-problems. The first concerns the reasons for and conditions of the study of V.E. Orlando, particularly historical conditions. The second focuses on the principal theses of his manifesto. The last question is dedicated to one of the major handbooks of administrative law by this author — Principi di diritto amministrativo. The results confirm the opinion of F. Longchamps de Bérier and S. Casses, that the conception of V.E. Orlando was the determinant of the pandectists thought.

71%

Łętowski J.

Contemporary Central and East European Law

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1989

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issue 1-4(81-84)

15-30

20

Territorial Autonomy as a Determinant of Local Government – an Overview of the Issue

71%

Niemczuk P.

Teka Komisji Prawniczej

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2025

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vol. 18

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issue 2

437-445

EN

It has been exactly 25 years since local government was introduced at all three levels of the fundamental territorial division, which raises the question of the correctness of the solutions adopted in the context of territorial autonomy. At the municipal level, local government is authentic, with all its attributes, including the territorial autonomy of that level. Nevertheless, is this also the case with higher-level units, i.e., counties and provinces? Here, the answer is not so obvious. “Territorial autonomy” does not have a strictly defined legal content. It is a general and relative concept, which is difficult, if not impossible, to define. One thing is sure, however: this concept embodies an idea that shapes the legal system governing the organizational and territorial structure of the state. It concerns the division of power between the center and the regions, taking into account the processes of centralization and decentralization. It seems that the concept of “territorial autonomy” can be explained by considering the relationship between the interests of the “territory” and the interests of the state as a whole. The main conclusion of these considerations is the assumption that territorial autonomy exists when the interests of individual territorial units acquire the characteristics of an independent legal entity, i.e., legal provisions create a particular permanent sphere of activity for local authorities that is free from the domination of the interests of the state as a whole. It is a normative construct based on the assumption that, in addition to national tasks that are uniformly implemented throughout the country, the legislator defines tasks that are independently shaped and implemented by local authorities and are specific to their jurisdiction. This, in turn, is part of the essence of local government. This reasoning allows us to accept the fundamental thesis of the considerations undertaken on the determining role of territorial autonomy in the concept of local government.

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