Studia Prawnicze

Items from 1 to 20 out of 23 results

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RESIGNATION AS A REASON OF MANDATE EXPIRY OF A MEMBER OF CAPITAL COMPANY BODY

Z. Kuniewicz

Studia Prawnicze > 2007 > 1(171)

The purpose of this article is to clarify two issues related to resignation from the function performed by a member of the capital company body. The first matter is to establish a legal nature of resignation from mandate, while the other one - is the assessment of admissibility of restriction on resignation handing in to be contained in company's articles of association. By presenting the divergent...

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GENERAL PRINCIPLES OF LAW IN STATUTES OF INTERNATIONAL COURTS AND EUROPEAN COMMUNITY LAW. SOME REMARKS UPON ARTICLE 21 OF ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT

J. M. Pawlowski

Studia Prawnicze > 2007 > 1(171) > 80-114

Article 21 of Rome Statute of the International Criminal Court specifies two groups of fundamental sources of law which are applicable by the Court: (1) the same Statute, Elements of Crime and its Rules of procedure; (2) applicable treaties and the principles and rules of international law including the established principles of international law of armed conflict. In the absence of applicable norms...

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JUDICIAL PROTECTION OF THE GUANTANAMO DETAINEES AND AMERICAN NATIONALS HELD ON THE U.S. TERRITORY - ANALYSIS OF THE JUDGMENTS OF THE AMERICAN COURTS

A. Szpak

Studia Prawnicze > 2007 > 1(171) > 145-174

So far a few attempts have been undertaken in order to grant the Guantanamo detainees certain constitutional protection and rights resulting from the international humanitarian law and international human rights law. Those court cases pertain on the one hand to the foreigners detained at Guantanamo Bay and on the other to the American citizens considered 'enemy combatants' and detained in the territory...

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TAXATION OF AGRICULTUR ACTIVITY. VALUE ADDED TAX

B. Jazynska

Studia Prawnicze > 2007 > 1(171) > 115-144

In accordance with the provisions of Art. 93 and 94 of the Rome Treaty, the regulations of the EU Member States on indirect taxes are fully harmonized, as far as it is necessary for free trading of goods and services without frontier control limitations. The most important regulation for valid Community VAT taxation system is the Sixth Council Directive 77/388/EEC of 17th May 1977 'on the harmonization...

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INTERPRETATION AND MEANING OF ARTICLE 27 OF THE INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS

T. Bialek

Studia Prawnicze > 2007 > 1(171) > 51-65

The aim of the author is to prove that Article 27 of the International Covenant on Civil and Political Rights is in fact widely considered to be the primary provision guaranteeing protection by the UN to persons belonging to minorities. The scope of Article 27 has been subject to many discussions and interpretations. The Human Rights Committee (HRC) had an important role to play in clarifying the...

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BASIC PROBLEMS RELATED TO CIVIL SERVICE LAW REFORMS IN NEW SOCIAL AND ECONOMIC SYSTEM

H. Szewczyk

Studia Prawnicze > 2007 > 1(171) > 5-24

The critical issue for proper functioning of civil services (CS) in Poland is proper normalization of legal status of civil servants, notably those assigned to managerial positions and other independent positions related to performance of tasks for the State, by issuing decisions, their procurement or execution. Civil Service Act dated 24 August 2006 has, however, some shortcomings. Among most serious...

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MODELS OF LEGAL REGULATIONS OF POPULAR LEGISLATIVE INITIATIVE

S. Grabowska

Studia Prawnicze > 2007 > 1(171) > 25-50

Popular legislative initiative is not a well-known and common institution in legal systems of European countries. The initiative is the right of a specified number of citizens to lodge a petition for enacting a certain law. This type of popular initiative is regulated only in a few countries where regulations vary from formalized to schematic and superficial. However, there is no doubt that popular...

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ABOUT THE NOTION OF THE LIMITS OF THE FREEDOM OF CONSCIENCE AND RELIGION

W. Brzozowski

Studia Prawnicze > 2007 > 1(171) > 67-80

In the article, the author makes an attempt to outline problems relating to the limits of the freedom of conscience and religion. An analysis of existing legal constructs reveals a difference between two strategies of excluding certain types of behaviour from adequate protection which should otherwise be guaranteed on the basis of the freedom of conscience and religion. The first of these strategies...

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STATE MONOPOLIES OF A COMMERCIAL CHARACTER IN THE INTERNAL MARKET OF THE EU

M. Szydlo

Studia Prawnicze > 2007 > 2(172) > 5-31

This article raises problem of the compatibility of state monopolies of a commercial character with the EC Treaty, especially with Article 31 of the Treaty. In the first place, it explains notion of state monopoly in general and establishes conditions, which must be fulfilled in the light of the national constitutional law in order to create state exclusivity in some field of national economy. Next...

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GIVING PUBLIC PROCUREMENT CONTRACT IN A FORM OF QUESTION OF PRICE

R. Szostak

Studia Prawnicze > 2007 > 2(172) > 55-74

Question of price procedure it is a kind of auction which is open to selected persons. This procedure is started by inviting chosen contactors to submitting offers. It is not covered by European Law. It can be used only while ordering small deliveries or services, the amount of which do not exceed 137 thousand EUR. Person who orders, invites enough contactors to allow real competition, but not less...

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REACTION IN THE AREA OF PENAL LAW ON ESTABLISHING, PARTICIPATING AND LEADING OF CRIMINAL GROUP IN THE UKRAINIAN PENAL CODE

K. Laskowska

Studia Prawnicze > 2007 > 2(172) > 123-133

Organized crime in Ukraine presently constitutes a serious problem, which requires a reaction of the government in the area of penal law. Consequently, the Ukrainian Penal Code of 2001 includes (along a number of other regulations) a provision that penalizes establishing, participating in, and leading a criminal organization (Art. 255 of PC). In order to better explain this provision, first the terms...

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JURISDICTION OVER CONSUMER CASES ACCORDING TO EUROPEAN COMMUNITY LAW

P. Swider

Studia Prawnicze > 2007 > 2(172) > 43-54

This articles examines the issue of procedural point of view on European pro-consumer policy regarding Council Regulation (EC) no 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters. Currently aforementioned Council Regulation has replaced some rules of Polish Civil Procedure Code. The author identifies legal definitions of consumer...

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THE PRINCIPLE OF 'NE BIS IN IDEM' IN POLISH CRIMINAL PROCEDURE

M. Rogalski

Studia Prawnicze > 2007 > 2(172) > 75-99

The 'ne bis in idem' principle is a guarantee for the accused that he/she will not be held responsible for an act for which he/she has already been tried. This constitutes a fundamental right of the perpetrator of the punishable act, who can demand that proceedings are not commenced, or discontinued if already instituted, if criminal proceedings against him in the same case have already been validly...

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THE STATE OF NECESSITY AS AN EXCLUSION OF THE CRIMINAL ILLEGALITY

P. Daniluk

Studia Prawnicze > 2007 > 2(172) > 101-122

The state of necessity was expressed as an exclusion of the criminal illegality (art. 26 § 1) or an exclusion of the guilt (art 26 § 2) in the Polish Criminal Code from 1997. This differentiation of the state of necessity is based on a different value proportion between rescued and sacrificed goods. The state of necessity excludes the criminal illegality in the situation when someone rescues goods...

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REGULATION AS THE NEW FUNCTION OF CONTEMPORARY PUBLIC ADMINISTRATION IN POLAND

R. Stasikowski

Studia Prawnicze > 2007 > 3(173) > 27-58

The subject of the study was defining legal and administrative aspect of regulation as the new function of contemporary public administration and the structural position of the regulatory bodies in the structure of the Polish public administration. The starting point to present particular regulatory systems existing on the so called regulated markets (i.e. rail transport market, fuel and energy market...

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LEGAL PROTECTION OF FAMILY IN STATE OF EMERGENCY

M. Szuniewicz

Studia Prawnicze > 2007 > 3(173) > 59-96

This study is aimed at analysing the issue of family's legal protection in state of emergency. This problem is emerging in exceptional situations due to the fact that none of human rights treaties (apart from the American Convention of Human Rights) includes family's rights in catalogues of non-derogable ones. In the first part of this work, the author tried to introduce the mechanism of derogation...

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POSSIBILITY OF LODGING COMPLAINT AGAINST DECISIONS ON THE EUROPEAN ARREST WARRANT

S. Steinborn

Studia Prawnicze > 2007 > 3(173) > 129-153

The study focuses on problem of lodging complaint against decisions on the European Arrest Warrant (EAW). The Council Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (2002/584/JHA) does not contain any direct references to this question. The first part of the study includes analysis of the regulations adopted by the Member States...

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DESCRIPTION OF A STORAGE AGREEMENT WHOSE PARTY IS A WAREHOUSE

M. Hejbudzki

Studia Prawnicze > 2007 > 3(173)

The article relates to the institution of a warehouse, which was restored in Polish legal system by an Act of 16th November 2000 on the bonded warehouses and on the amendment of the Civil Code, the Civil Procedure Code and other acts (hereinafter be referred to as 'the warehouse act'). The term of 'warehouser' (also: 'warehouse operator') means a person who is lawfully engaged in the business of storing...

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CONSTITUTIONAL BASES FOR FUNCTIONING OF HOUSING ASSOCIATIONS

J. Szymanek

Studia Prawnicze > 2007 > 3(173) > 5-26

The theme of the article is a search for all constitutional full powers that make it possible to consider housing associations as the value protected by the constitution. It is because associations do not have a direct, explicitly expressed anchoring in the constitution. In such a situation the problem of associations and, broadly speaking, co-operative movement may be considered in the light of the...

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THE ETHICS IN INTERNATIONAL RELATIONS - SOME REFLECTIONS

A. Szpak

Studia Prawnicze > 2007 > 4(174) > 5-18

The authoress presents the issue of international ethics or morality as one of the few normative systems that regulate international relations (inter alia next to international law or political norms). The article begins with the description of levels at which ethics in international relations is present - the level of individuals, of states, of international community). The authoress attempts to...

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2007

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4(174) (4)
3(173) (5)
2(172) (6)
1(171) (8)

Keywords

AGRICULTURAL PRODUCTION (1)
AUTHORIZATION (1)
CAPITAL COMPANIES -BODY'S MEMBER RESIGNATION (1)
CIVIL SERVANTS (1)
CIVIL SERVICE (1)
COMMERCIAL LAW (1)
COMPLAINT IN CRIMINAL PROCEEDINGS (1)
DIRECT DEMOCRACY (1)
EMPLOYMENT LAW (1)
ENEMY COMBATANTS (1)
ENTERPRENEURS' REGISTER (1)
ETHICS (1)
EUROPEAN ARREST WARRANT (1)
EXCLUSION OF CRIMINAL ILLEGALITY (1)
FAMILY PROTECTION IN EMERGENCY (1)
FREEDOM OF CONSCIENCE & RELIGION (1)
FREEDOM TO PROVIDE SERVICES (1)
GENERAL PRINCIPLES OF LAW (1)
GENEVA CONVENTIONS (1)
GMO - REGULATIONS (USA VS EC) (1)
GUANTANAMO DETAINEES (1)
HOUSING ASSOCIATIONS -CONSTITUTIONAL PROTECTION OF (1)
HOUSING NEEDS FULFILMENT (1)
HUMAN RIGHTS OBLIGATIONS' DEROGATION (1)
IDIOSYNCRASY OF MORALITY (1)
INTERNAL MARKET (1)
INTERNATIONAL COURTS (1)
INTERNATIONAL HUMANITARIAN LAW (1)
INTERNATIONAL LAW (1)
LIMITATION CLAUSES (1)
LIMITS OF FREEDOM (1)
MINIMUMUM HUMANITARIAN STANDARDS (1)
NEW DIRECTIVE ON SERVICES (1)
NORMATIVE SYSTEMS (1)
POPULAR LEGISLATIVE INITIATIVE (1)
PREASUMPTION OF AUTHENTICITY (1)
PREASUMPTION OF OPENNESS (1)
PRISONERS OF WAR (1)
PROCURATION (1)
PROTECTION OF NATIONAL MINORITIES (1)
PUBLIC ADMINISTRATION (1)
ROME STATUTE OF INTERNATIONAL CRIMINAL COURT (1)
SOURCES OF INTERNATIONAL LAW (1)
STATE OF NECESSITY (1)
STORAGE AGREEMENT (1)
STORAGE CONTRACT (1)
VALUE ADDED TAX (1)
WAREHOUSE ACT (1)
WAREHOUSE OPERATORS (1)
WAREHOUSERS (1)
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Studia Prawnicze

RESIGNATION AS A REASON OF MANDATE EXPIRY OF A MEMBER OF CAPITAL COMPANY BODY

GENERAL PRINCIPLES OF LAW IN STATUTES OF INTERNATIONAL COURTS AND EUROPEAN COMMUNITY LAW. SOME REMARKS UPON ARTICLE 21 OF ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT

JUDICIAL PROTECTION OF THE GUANTANAMO DETAINEES AND AMERICAN NATIONALS HELD ON THE U.S. TERRITORY - ANALYSIS OF THE JUDGMENTS OF THE AMERICAN COURTS

TAXATION OF AGRICULTUR ACTIVITY. VALUE ADDED TAX

INTERPRETATION AND MEANING OF ARTICLE 27 OF THE INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS

BASIC PROBLEMS RELATED TO CIVIL SERVICE LAW REFORMS IN NEW SOCIAL AND ECONOMIC SYSTEM

MODELS OF LEGAL REGULATIONS OF POPULAR LEGISLATIVE INITIATIVE

ABOUT THE NOTION OF THE LIMITS OF THE FREEDOM OF CONSCIENCE AND RELIGION

STATE MONOPOLIES OF A COMMERCIAL CHARACTER IN THE INTERNAL MARKET OF THE EU

GIVING PUBLIC PROCUREMENT CONTRACT IN A FORM OF QUESTION OF PRICE

REACTION IN THE AREA OF PENAL LAW ON ESTABLISHING, PARTICIPATING AND LEADING OF CRIMINAL GROUP IN THE UKRAINIAN PENAL CODE

JURISDICTION OVER CONSUMER CASES ACCORDING TO EUROPEAN COMMUNITY LAW

THE PRINCIPLE OF 'NE BIS IN IDEM' IN POLISH CRIMINAL PROCEDURE

THE STATE OF NECESSITY AS AN EXCLUSION OF THE CRIMINAL ILLEGALITY

REGULATION AS THE NEW FUNCTION OF CONTEMPORARY PUBLIC ADMINISTRATION IN POLAND

LEGAL PROTECTION OF FAMILY IN STATE OF EMERGENCY

POSSIBILITY OF LODGING COMPLAINT AGAINST DECISIONS ON THE EUROPEAN ARREST WARRANT

DESCRIPTION OF A STORAGE AGREEMENT WHOSE PARTY IS A WAREHOUSE

CONSTITUTIONAL BASES FOR FUNCTIONING OF HOUSING ASSOCIATIONS

THE ETHICS IN INTERNATIONAL RELATIONS - SOME REFLECTIONS

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