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The aim of the article is to present opinions of the selected constitutional tribunals of the European Union Member States on the relation between the European Union law and the domestic law of those states, especially their constitutions. The subject matter of the work is particularly relevant in the light of changes in the European Union law introduced by the Treaty of Lisbon which, among other...
This article refers to the air carrier liability in the case of turbulence in the United States. When turbulence is domestic concern, all claims are tort claims governed by state common law. Turbulence is encountered in international flights as well. In this case, conventions for the unification of certain rules for international carriage by air apply (either, so called Warsaw Convention 1929 or Montreal...
Comments on the limitation of claims in the context of compensation admissibility The article discusses conditions for compensation. In their context, an issue of limitation of claims cited in the plea of compensation is presented. In general, limitation of claims makes it impossible for a creditor to execute a compensation. However, in case due time for compensation passed after the state of compensation...
The article concentrates on two basic concepts formulated in the Polish studies in criminal law concerning a relation between a modified type of an act forbidden under threat of penalty and a sanctioned standard forming the basis for it. According to the first one, the basis for a modified type of an act forbidden under threat of penalty is the same sanctioned standard as the one which is the basis...
Since the accession of Poland to the European Union our administration of justice in its functional aspect has a dualistic character. In the light of the treaty obligations, the duties of a domestic court (especially within the protection of rights based on the Union regulations) cause that before a court starts to investigate a case, it should answer a question whether it is to deal with a matter...
Many forensic manuals have been published in the last years. From the scientific and didactic point of view they are of different value. However, all their authors aimed at describing tactical and technical methods used in detecting processes. Against that background an idea to look through older manuals in that field was engendered. From among only a few books dating back almost 80 years, a 400-page...
The article presents tools and procedures for preventing local financial crises which are binding in the Polish system of supervision over local government. A character study of the Polish supervision system is a point of departure for the author's attempt to make an assessment of the supervision and inspection activities over local government units executed by the Polish State. The author assumes...
The article concentrates on two basic concepts formulated in the Polish studies in criminal law concerning a relation between a modified type of an act forbidden under threat of penalty and a sanctioned standard forming the basis for it. According to the first one, the basis for a modified type of an act forbidden under threat of penalty is the same sanctioned standard as the one which is the basis...
The issues discussed in the article are connected with the legislative changes introduced in the speeded-up proceeding. The article focuses on presenting and analyzing new regulations as well as tries to assess the institution of the speeded-up proceeding in its new form. Although most of the changes introduced in the regulations of the speeded-up proceeding deserve approval, they are far from being...
The author discusses the issue of co-authorship of scientific works. The adopted meaning of 'scientific works' is very broad, not limiting the matter to the sphere of copyright which is naturally brought to mind. Co-authorship in the discussed field is examined on three planes. The first one is copyright. The second one is intellectual property law, especially a problem whether an author of a scientific...
The article is a reconstruction of axiological foundations of the presumption of innocence. The work is aimed at proving that the rule protects fundamental freedoms and human rights and due to that it is not possible to substitute it by a different rule of the penal process or to eliminate it completely because it could lead to an unlawful breach of fundamental rights of every human. The authoress...
The author discusses the most important procedural issues concerning a complaint about lengthiness of a proceeding, including the composition of the bench in the complaint case, adequate use of regulations regarding a complaint proceeding which are in force in the proceeding being complained about (civil, penal, court and administrative one) as well as the court ruling in the subject-matter of the...
The analysis is aimed at describing and explaining the mechanisms of appointing the Government of the Russian Federation and the role of the President and the State Duma in the process. Thus, legal regulations (both constitutional ones and those included in acts of lesser importance) and decisions of the Constitutional Tribunal are analyzed. The use of dogmatic method is supplemented by the studies...
The work is a presentation of the changes in the penal proceeding code being prepared by the Ministry of Justice. It is proposed to enlarge the catalogue of preventive measures by introducing the so-called house arrest. Analyzing the legislative proposals, the author made comments on the reasons for the use of a new means, its subject range and legal character. Sharing the idea of increasing the range...
The aim of the article is to present the key theses of the Federal Constitutional Court ruling of 30 June, 2009, concerning the appropriate implementation of the provisions of the Treaty of Lisbon in the legal environment of the Federal Republic of Germany. The ruling was widely discussed due to the importance of the issue as well as a judgment itself, not solely from the point of view of the German...
The article is devoted to an analysis of crime typified in Article 24 of the Act of 16 April, 1993, on the Fight against Unfair Competition. Its basic aim is to answer the question whether and to what extent this law provides legal protection for both a client against being misled about the identity of a producer or a product, and a producer against serious damage. The article consists of three parts...
This paper is aimed at presenting the most essential changes and modifications in the field of human rights protection which were introduced by the Treaty of Lisbon and at analyzing their role and importance presented with the use of a historic - comparative method and legal analysis. The changes are important because in the new legal system a new notion network was created and this implies serious...
The work is aimed at introducing the political background, as well as legal solutions, regulated at the level of standard legislation (within the scope of civil and agricultural law) and referring to testamentary inheritance of farms. Due to the universality of a holographic (personally hand-written) will in the rural areas, the author presents just this form of testament giving numerous examples...
The aim of the article is to present characteristic features of strict liability as well as analyze individual cases of liability from the point of view of the Spanish civil code and find differences from the point of view of the Polish law. The comparative method used in the article shows that there are significant differences between the two legal systems, including both their subject and object...
The article deals with the physical disabilities of the accused being the reason for obligatory defense: deafness, dumbness and blindness, which should not be associated with their common meaning because medical terminology, specificity and legislator's intention, contrary to the erroneous theses of the judicial decisions, do not allow it. The article presents the issue of interpretation of the levels...
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