Search results - CEJSH

1

Le diable est dans les détails – czyli kilka refleksji na temat kontrolno-nadzorczych dylematów dotyczących regulaminów organizacyjnych urzędów gmin

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Lisowski P.

Studia Prawa Publicznego

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2022

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issue 4 (40)

45-62

EN

The paper is based on an analysis of the provisions pertaining to the adoption of the house rules of municipality offices and the regulations specifying the rules and the procedure of exercising supervision over these acts of executive bodies, as well as of subjecting them to the direct control of administrative courts. This analysis has revealed that the approach to the form in which the above issues are regulated should be revised towards such regulations and practice of applying law that would facilitate having more regard for the attributes of the independence of self-governmental administration in this ﬁeld. The treatment that these features have received (especially in the practice of supervisory organs and judicature’s output) has so far not explored or respected this potential. Taking also into account the experience (both doctrinal and related to administrative practice) gathered in the period of over 32 years since the reestablishment of territorial self-government in Poland, the paper thus argues that, at least in certain areas, the process of overcoming the limitations linked to the rationing – so to speak – of the attributes of decentralization (especially: of independence as one of its components) should be initiated. Therefore, the paper postulates in this context that invalidity sanction be substituted by the derogation in the form of revocation (that is: an ex tunc effect should be substituted by an ex nunc effect). The paper also signals that, when dealing with these forms of self-governmental activities, it may be possible to depart from the automatic application of the temporary protection related to the delivery of a supervisory adjudication (i.e. from the mechanism that presumes automatic sui generis acceleration of the enforceability of a supervisory adjudication). This stance has been additionally supported by the discussion of the speciﬁcity of organizational administrative law (in particular – with regard to the acts of non-municipal law, while allowing for the complex character of the house rules of municipality offices) which takes into account the conception of institutional choice.

2

Obtaining International Sovereignty of the UPR at the Central Rada Period

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Holovchenko V.

Historia i Polityka

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2017

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issue 20(27)

89-100

EN

The history of diplomacy and foreign policy of new independent states are one of the most difficult and hardest objects of scientific study because they synthesize complex issues of world and national history system components. The diplomatic service is one of the most important attributes of any sovereign state, an indicator of real aspirations of the country and of its attitude towards the world and its political content. The ultimate success of the Ukrainian revolution of 1917–1920 both in the East and in the West, in our opinion, depended on the international publicity and receiving substantial external support as it happened for example in Poland, Finland and the Baltic States. Measures on the formation of an all-Russian federation taken by the Central Rada led to the opposite result – the armed conflict with red Petrograd and invitation of the German-Austrian troops to save the UPR from the Bolshevik aggression. In the long term the foreign policy choice made by the Central Rada in January 1918 in favor of Germany and its allies, that were defeated in World War I, was a mistake. At the same time, signing the Brest peace treaty between the UPR and the Central Powers and diplomatic recognition of Ukraine from these states opened new opportunities for the development of national diplomatic and consular service, and forced RSFSR to agree to start peace talks with the Ukrainian People’s Republic.

3

Ara es l’hora? The Approach of the Catalan Political Scene to Independence Issues

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Pobóg-Lenartowicz M.

Historia i Polityka

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2016

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issue 16(23)

27-41

EN

The political situation in Catalonia during the last months is changing almost daily. Catalan nationalist movements consistently continue their efforts to create an independent state. As a result, every vote – an unofficial plebiscite, local elections or elections to the Catalan parliament – is treated like a referendum on the matter of independence. The Catalan actions that are ever more faster and further-reaching meet with a growing opposition of the central government, threatening the Catalan authorities with a number of sanctions in case of taking further, concrete steps to break away from Spain. Although, from the outside, the Catalan independence parties seem to be a monolith, the situation on the regional political scene is much more complex. During the past several months, the balance of power of political parties in Catalonia was completely changed. Ruling for almost thirty years, Convergencia i Unió divided and the results of the election of 27 September forced Prime Minister Artur Mas (of the centre-right CiU) and the leaders of the new pro-independence coalition Junts pel Si to seek an ally in the far-left Popular Unity Candidacy. Therefore, this is a time of difficult choices for Catalonia, not only in relation to the issue of independence, but also when it comes to alliances on the national political scene. In this article, I will try to analyze the curent political scene in Catalonia and its impact on the independence aspirations of the Autonomous Community. I will examine the current balance of power of political parties and the changes that have occurred in 2015. I will look at the programmes of the leading – in recent years as well as currently – Catalan political factions in terms of their outlook on the issue of independence. Finally, I will consider in what way the complex situation on the Catalan political scene may become a determinant of the effectiveness of the demands for independence made by the authorities of Catalonia.

4

Miłość ojczyzny i wychowanie patriotyczne w ujęciu Karola Libelta (1807-1875)

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Wojtyła W.

Studia Ełckie

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2019

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vol. 21

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issue 3

429-439

EN

Karol Libelt was Wielkopolaninen, a meritorious educational and social activist of Wielkopolska, a participant of the November Uprising in 1830, a member of the insurgent National Government, a political convict from 1847. He belonged to the most prominent representatives of the philosophy of the Polish Romanticism. He co-created the so-called Polish national philosophy. He criticized Hegel’s thought. In place of the extreme philosophy of reason, he proposed a new “Slavic philosophy” which was to have the character of national philosophy. Poland played a significant role in it. Libeltʼs best-known sketch was the dissertation “On the Love of the Homeland”. In his analysis of the homeland category, he pointed to its most important component features: objective (material) factors, i.e. land, common space and the effects of common human activities; anthropological factors conditioning social bond based on the principle of kinship; cultural factors in the form of language, literacy, customs, beliefs and common history; existing political and social institutions; subjective factors found in people's psychological attitudes, social emotions, social sensitivity, etc. Libelt considered his philosophy to be an elaborate and philosophical synthesis of views that formed the output of philosophers and poets of the Polish Romantic era.

5

Formation problem of sens and a resistance to stress in high school

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LITWINOWA N., LASAREVA J.

Edukacja-Technika-Informatyka

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2012

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vol. 3

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issue 1

42-47

DE

Im Artikel wird das Problem der psychologischen Begleitung – der psychologischen Unangepasstheit, mittels der Bildung von Ressourcen der Reflexion, Kreativitaet, und Zielsetzung sozial betrachtet. Zum Beispiel tritt das Problem des psychoemotionalen Zustandes der Frau waehrend der Schwangerschaft in der ehelichen Beziehungen insgesamt auf

PL

Problem tworzenia się niezależności uczniów, możliwość włączenia ich refleksji, kreatywności i sensowności inteligencji emocjonalnej jako źródeł psychicznego i fizycznego samopoczucia. W przeprowadzonych badaniach stwierdzono występowanie problemów ze zidentyfikowaniem „luk – braków” w osiągnięciu pożądanego wyniku tworzenia zasobów zawodowych i osobistych osiągnięć, ze względu na trudności elastycznego i zróŜnicowanego myślenia w relacjach społecznych i psychologicznych. Program korektywny oferowany jest w trzech aspektach samoregulacji: kreatywności, refleksji, zrozumienia celów

6

Od początków niepodległości do odzyskania wolności. Polska w relacjach zachodnich obserwatorów w latach 1918-1989

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Mikołajczyk M.

Przegląd Zachodni

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2018

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issue 3(368)

127-163

EN

After 1918 Poland was several times the object of increased interest on the part of western countries. In the interwar period Poland was an important element of European balance in the face of the threat posed by Germany and Soviet Russia. After the Second World War many Poles counted on the Americans and British to prevent the Sovietization of Poland and make Stalin respect the accepted obligation concerning free election in Poland. However, nothing like that happened. Later on, in such critical moments as 1956 or the years 1980-1981, the situation in Poland was attentively monitored by the western countries. Similarly also in the year 1989, which brought Poland a real chance to regain full independence. The aim of the present paper is to present the accounts and opinions of western observers, mainly diplomats and journalists, on the crucial events for Poland in the years 1918-1989. Most of the reports addressed the problems of political transformations, although economic, military and social matters were also brought up, as well as issues relevant to the Jewish minority. These accounts and the opinions they contained diverge at some points from our current knowledge on the discussed problems or events. Nevertheless a research hypothesis can be adopted that in numerous cases they served as abasisfor building the image of Polish reality in the United States, Great Britain or France and influenced the policy of these countries towards Poland. To prove the hypothesis the philological, comparative and sociological methods were used among others.

7

Obowiązek opieki nad weteranami walk o niepodległość państwa polskiego – analiza konstytucyjnoprawna

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Kozłowski K.

Zeszyty Prawnicze BAS

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2018

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issue 3(59)

22-41

EN

This article concerns a special position of a veteran in the Polish constitutional system. The Constitution states that the Republic of Poland shall take special care of veterans of the struggle for independence, particularly war invalids.. The study describes axiological and historical basis of privileges of veterans. It was also discussed, how this issue was regulated in former constitutions and what assumptions were adopted in the course of preparatory work on the current constitution. A doctrinal understanding of the analyzed institution was described, basing on the literature of the subject. Reflections of the author are also focused on the basic issues related to understanding the duty of care of veterans in its subjective and objective shape.

8

Perspectives for Kosovo’s Accession to the EU

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Raba-Schulze A.

Reality of Politics

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2018

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issue 9

98-111

EN

Kosovo, the smallest country in Europe, over 10 years after declaring its independence, still remains outside of the European Union. As one of the countries of former Yugoslavia, it benefitted from the process of European integration, yet compared to neighbouring Western Balkan countries it is at an early stage of stabilisation and association process. The paper points to the main problems that Kosovo is facing, both at the internal and external level, in the face of the accession process and future membership in the European Union.

9

Polski dyskurs patriotyczny w prasie i w pismach okolicznościowych z 2. połowy XVIII wieku

100%

Siuciak M.

Poznańskie Studia Polonistyczne. Seria Językoznawcza

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2016

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vol. 23

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issue 1

81-93

PL

The article examines the process of shaping of the Polish patriotic discourse, which was determined by such events of the 18th century as the Bar Confederation, the Great Sejm proceedings, and the Kościuszko Uprising. In a situation in which Poland was threatened with the invasion of surrounding world powers and in the face of impending armed struggle for sovereignty, the then most important values uniting the Polish nation were formulated. The first entity to define them were the Bar confederates, who fought against the Russian army in defence of their fatherland, religion, freedom, and independence. In the 1790s the patriotic discourse shifted to the press covering the proceedings of the Great Sejm, and later to newspaper coverage of the Kościuszko Uprising. During these events, the freedom demands were altered because the conservative Sarmatian republicanism had been replaced with ‚new’ republicanism – characterised by social radicalism and supporting the separation of church and state. Despite some semantic shifts, for more than 200 years the most significant values constituting the Polish patriotic discourse have been: fatherland, freedom, and independence.

10

Introduction of the Concept of an Independent Central Bank into the Polish Political System in Light of the European Experience

100%

Chęciński R., Przychodzki M.

Roczniki Nauk Prawnych

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2018

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vol. 28

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issue 3 English Online Version

5-19

EN

The article is intended to outline the development of central banking in terms of its independence, with particular emphasis on the implementation of the idea of an independent central bank in Poland, also comparison with some other countries. The idea of central-bank independence was presented from personnel, financial and functional perspectives. In the initial phase of their development, central banks were mainly established in the form of capital-based companies. Their position and importance was determined by special privileges. The Maastricht Treaty was a normative act that had a major influence on the shape of the currently dominant concept of an independent central bank, which pursues a free monetary policy at its own discretion. The Constitution of 1997 and the Act 29 August 1997 on the National Bank of Poland of were crucial in guaranteeing the strong position and independence of NBP from state authorities.

11

Energy security as a guarantee of Ukraine’s independence

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Antonina S., Shuliak N., Kopcewicz G., Olszanecka N., Urbański D., Piechowiak-Lamparska J., Bryc A., Bojarczyk B., Jorgensen F. A. E., Niedziołka D., Pacześniak A., Potorski R., Wincławska M., Włodkowska-Bagan A., Jeran A., Mol A., Solsbery A., Dąbrowska I., Głodkowski M., Kopcewicz G., Olszanecka N., Piechowiak-Lamparska J.

The Copernicus Journal of Political Studies

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2019

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issue 1

EN

The article focuses on the energy security of Ukraine as one of the most important priorities of the state. It is proved that the coverage of current volumes of gas imports by the capacity of Ukraine’s own production will allow the state not to depend on the external market conditions and to protect it from Russian Federation’s profiteering. It is stated that it is impossible to achieve energy independence unless a detailed plan has been developed. Such plans are outlined in the Energy Strategy of Ukraine 2030 and 2035. The authors analyze the first steps Ukraine has taken to separate from the energy system shared with Russia and to join European networks.

12

Legal dispute over the constitutionality of polish regulations and their effects after the amendment of he provision on reaching the retirement age by the judges of the polish supreme court

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Świątkowski A. M.

The Lawyer Quarterly

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2019

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vol. 9

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issue 3

185-196

EN

The Constitution of the Republic of Poland clearly states in article 180 (1) that “Judges are irremovable”. Irremovability, next to independence, is a guarantee of impartiality of courts, defined in the Constitution of the Republic of Poland as “a separate authority, independent of other authorities” (Article 173). The previous Act on the Supreme Court of 23 November 2002 also established the rule of retirement of a judge after reaching 70 years of age. On 4 July 2018, the Act of 8 December 2017 on the Supreme Court came into force. It lowers by five years the age at which judges of the Supreme Court retire (leave service) (Article 37 § 1). The age after reaching which there occurs an automatic - at the will of the legislature - change in the status of the judge from active status to the state of non-performance of duties may be legitimately called a “retirement age”. The executive and political power again obtained legally accepted influence on the selection of judges. This scenario is again being implemented by the currently ruling political party and state authorities, legislative and executive

13

The Right of Nations to Self-Determination in the Context of the Regaining of Independence by Poland — an International-Law Analysis

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Andrzejczak-Świątek M.

Internal Security

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2018

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vol. Special Issue

7-15

EN

This article aims to show the problem of self-determination of the people in the light of contemporary standards of international law, as well as to compare them with the factual and legal basis of regaining independence by Poland in 1918. The principle of the right of people to self-determination as one of the basic rules of international law was proclaimed only after World War II, however, concepts conferring on the population living in a given territory to decide about themselves appeared before the French Revolution. The issue of the right to self-determination of people is extremely complex — after World War II, there was in this respect the development of treaty guarantees concluded with international agreements for the system of human rights protection, which sanctioned this right as the only subjective collective right. On the other hand, the practice of contemporary states on this issue is not uniform and largely depends on the acceptance of the facts by the international community. From the point of view of developing the right to self-determination of people, and thus the right to independence, the case of Poland is extremely interesting not only because of the historical and political background, but also because it can be treated as a precedent in international law in the context of recognition and acceptance of independence by the state.

14

Polish cinema towards independence 1918–2018

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Zwierzchowski P.

Nauka

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2018

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issue 4

EN

The article presents two dimensions of the relationship between cinema and Polish independence. The first part was devoted to the situation of Polish cinema after 1918. I describe the film market, the political situation, relationship between the state and cinematography, films that were then created and their impact on national identity. Then I focus on films in which independence has become a movie theme. I divide them into three periods: until 1939, the People's Republic of Poland and after 1989. I draw attention to their political and historical contexts, functions and film form, and I discuss the meaning and interpretation of each films.

15

Black futurology

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Tazbir J.

Nauka

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2008

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issue 1

EN

The Polish-Lithuanian state was at the summit of its power in the 16th century. It was fully entitled to be proud of a flourishing development of culture, of its military achievements and a successful economic development. Nevertheless, it was then that predictions of the state’s decline began to appear. The Catholic Church, too, felt itself endangered, its representatives resenting the toleration of numerous heresies. Complaints about corruption, which was quite frequent in judicature, were widespread. These black visions of the future multiplied in the second half of the 17th century. They materialised a hundred years later when after the three partitions the state lost its independence for 123 years (1795-1918).

16

Niepodległość. Badanie naukowe PUNO

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Czubińska G.

Zeszyty Naukowe PUNO

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2019

253-258

EN

The Polish University Abroad (PUNO) carried out a research aimed at analysis of the approach of young Polish immigrants living in the UK to the independence issues. The point was to identify the way people perceive the 100th anniversary of Polish independence. 191 people were surveyed – 62% of them were women and 38% were men. The majority of respondents were from 26 to 39 years old. Poland, to the respondents, seems to be related to: family, homeland and home. The image of Polish diaspora in the UK provides a lot of inspiration for further research about Poles and their attitude to most important national traditions.

17

Olimpijczycy w służbie niepodległości

100%

Lawer D.

Zeszyty Naukowe PUNO

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2019

159-169

EN

The aim of this study is to present the fate of Polish Olympians representing their coun try during the Olympic Games as well as their huge contribution and ezorts for the res-- toration of Polish independence. First of all, the article discusses the direct participation of the future squad members in a struggle for boundaries of a second Polish republic in years 1914–1921 as well as their contribution in a movement against German invaders in years 1939–1945. The goal of this paper is also to present the fates of some pre-war sport ambassadors aer Poland’s regaining independence with the help of Soviets. Described here is the Soviet attitude towards the athletes involved in Polish Underground Movement who were recognized by the communistic government as potentially dangerous. The fate of this small group of Olympians is similar to the fate of millions of Poles during the wartime. It was a common feature for almost all of them to be a part of Polish-German War in 1939, the Warsaw Uprising; they were sent to concentration or war camps, and took part in liberating the country in the last phase of the war. During the war many of them shown bravery and sacrice for which they were awarded combat distinctions. The memory of Polish heroes and their contribution for the country is still rooted in the nation. ey gave happiness for the citizens on sport arenas but at the same time, when the freedom was threatened, they fullled their civil duty.

18

Recentralization in the Local Government – a Case-Based Analysis of Criteria

100%

Kisała M.

Teka Komisji Prawniczej

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2021

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vol. 14

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issue 1

179-192

EN

The subject of this article is recentralisation in local government. The aim of the study is to formulate and define the scope of the term “recentralization,” as well as an attempt to identify its criteria and effects concerning the functioning of the local government and meeting the needs of its residents. The starting point for discussion is the definition of the concept of recentralisation. The theoretical analysis was supported by the interpretation of the provisions that transfer competences from the decentralised structure to the central government administration bodies and justifications for the proposed changes. The effect of the conducted research is conclusions concerning the evaluation of the practice of recentralising local government’s tasks.

19

The Principle of Independence and Autonomy of Church and State in the Social Teaching of the Roman Catholic Church

100%

Romanko A.

Teka Komisji Prawniczej

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2021

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vol. 14

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issue 1

329-335

EN

According to the Pastoral Constitution on the Church in the Modern World Gaudium et Spes, the Church and the political community in their own fields are autonomous and independent from each other. Respect for the mutual independence and autonomy of the Church and State, is a guarantee of the normal relationships between the Church and the political community.

20

Rok 1918 w publicystyce Bolesława Koskowskiego na łamach Kuriera Warszawskiego

100%

Chrószcz G.

Eunomia – Rozwój Zrównoważony – Sustainable Development

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2021

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issue 1(100)

103-115

EN

In 2018, we celebrated the 100th anniversary of Poland regaining its independence. The patronage over the solemn celebrations of the National Independence Day was taken by the Sejm of the Republic of Poland (lower house of the bicameral parliament). November 11, 1918 was conventionally adopted as the date of regaining independence by Poland as this date is used since. As a result of the Versailles decisions and geopolitical changes that took place after the end of World War I, Poland reappeared on the map of Europe after 123 years of partitions. The events taking place in 1918 were of great importance for the further fate of the reborn Polish state. Information on getting to know the atmosphere and spirit of the upcoming changes was published in newspapers. Representatives of the "fourth power" analyzed and commented on political and social events taking place on the international arena on an ongoing basis. At that time, the journalistic activity of Bolesław Koskowski in the pages of "Kurier Warszawski" and his active participation in the socio-political life of Warsaw deserves special attention. Koskowski was aware of this as an active political activist and journalist, participates in an epochal event of great importance for future generations of Poles.

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