Suchergebnisse

"The author intends to present legal socialization - the concept of the sociology of law - which describes attitudes to norms, law and law enforcement institutions. For law to be effective, any individual in a given community needs to internalize a number of values and attitudes. The attitude to law will influence its application; its effectiveness will depend on the perspective adopted by the legal norm addressees who could either accept binding regulations or ignore them. An adequate legal policy helps construe legal norms in a manner to prevent costs of interventions which need to be taken when law is not convergent with social expectations." (author's abstract)

Traditionally, the quality of law is associated with observing certain principles of law making, the so-called principles of good legislation. Such a way of thinking, however, seems to be an over-simplification. Thus, the author indicates that the high-quality of legislation and the principles of good legislation are not the same. Law passed on the basis of good legislation procedures does not automatically result in the high-quality law, in particular, if one makes an assumption that the quality of law depends, above all, on legal certainty being ensured. The reflections presented here express an opinion on the immediate connection between the quality of law and the theory of law. In this perspective, thoughts on the quality of law resulted in an opinion how firmly the process of improvement in law quality is associated with the development of the theory of law. As regards the studies on the quality of law as a measure of legal certainty, three issues are pointed out in the material: 1. the quality of law from the point of view of its formation in reference to certain general social phenomena, 2. the quality of law relating to a person, 3. the quality of law in judicial activities.

The purpose of the article is to analyse the role of the public prosecutor's office as an institution that is specifically embedded in between certain elements of the political system, particularly between the executive and judiciary powers. For this reason, the public prosecutor's office can be regarded, together with courts, as an institution that aims to be actively involved in administering justice and an instrument of the executive power to guarantee internal security and to execute internal functions of the state. The public prosecutor's office, given its specific operation area, is expected to prosecute crimes effectively as well as safeguard the rule of law, which may be threatened by the infringing actions of not only individuals and criminal groups but also of officials and state institutions. Hence, with respect to the accountability of the public prosecutor's office, it should be more independent of the executive power which is subject to political rules. It appears, however, that separating it officially from the executive power does not have to lead automatically to the public prosecutor's office independence of political influence when other direct (the Prime Minister's and the Minister of Justice's authority over the Attorney General) and indirect mechanisms of prosecutors' political dependency (clientelism, politicisation and political bonds of prosecutors with politicians) exist.

The article intends to illustrate the climate, social and primarily health effects resulting from the emission of various substances in the process of burning coal and waste, and the legal framework related to the issue of air pollution as a result of low emissions. The authors discuss also the main directions of the changes proposed in the so-called "anti-smog" law. The authors pose the thesis that Poland has still not solved problems of low emissions, despite the measures taken in the amendment to the Environmental Law. In their view, Poland still has a long way to go before it creates a low-carbon economy. The traditional use of coal in Poland hinders putting ecological changes into practice. Incineration of waste produced by households is another social pathology. Besides municipal waste, some hazardous waste also produced in households can be found. The level of environmental education is very poor in this respect. However, without significant actions, we will continue to destroy our own and our neighbours' health, contribute to climate change as some climatologists' think and pay penalties for failing to meet ecological commitments to the European Union as well.

This book explores the issue of environmentally-induced migrations from the point of view of international human rights law, international humanitarian law, international refugee law and international law of statelessness. Last few years have become a period of unprecedented growth in the number of studies devoted to the forced migration caused by climate change. The book by professor Jane McAdam, published by Oxford University Press, differs significantly from previous studies in this area. The focus of the author became a state responsibility for the situation of climate-change induced displaced people with a particular focus on legal aspects of this problem. The basis of the author`s considerations are four particular areas of public international law: international human rights law, international humanitarian law, international refugee law and international law of statelessness. The issue of climate change-induced displacement is now becoming a growing challenge for public international law. The growing number of climate change migrants becomes a challenge for the international istitutions dealing with humanitarian assistance. Sea level rise become a factor of specific legal problems, such as climatic deterritorialization of the state, state succession on the new territory, the status of people forced to leave their country submerged under the waters of ocean (forced migrants?, refugees?, stateless people?, citizens of the former country continuing its status within a new territory?).

This book explores the impact of climate change on the legal situation of small island states such as Marshall Islands. Climate change-related problems of these nations touching their legal situation in a very different way than in the case of large countries threatened by economic and social consequences of sea level rise (such as Bangladesh, Vietnam, Nigeria and Egypt). Presentation of scientific forecasts is an introduction to the in-depth deliberations from the point of view of international law. According to many researchers, global sea level rise of 0,5-1 m. is highly possible in the next hundred years. Sea level rise is not the only climate-related threat experienced by small island states. Among other significant problems associated with climate change we can list tropical cyclones, floods, and droughts. Island nations must prepare for such problems on the basis of public international law. The authors draw attention to the most crucial legal challenges associated with sea level rise, such as the deterritorialization of the state, continuity of statehood, the issue of citizenship or the legal status of forced environmental migrants. The authors draw attention to the significant legal challenges (e.g. the legal status of migrants forced to leave their country of origin/residence as a result of irreversible climate change). This issue has still not been regulated by international law documents. Much attention is also being paid to the analysis of the consequences of climate change on the basis of international law of the sea. The core elements of the analysis presented in this book are, inter alia, the impact of sea level rise on Exclusive Economic Zones and fishing rights. The book is focused on the social and legal challenges facing microstates. Presented considerations may become a useful point of reference in the analysis of the problems facing larger countries affected by climate change and sea level rise.

Adjusting the legal status, and support policies for migrant workers is an issue on the agenda of international institutions for nearly a hundred years. The first efforts to protect foreign workers have been taken during the first session of the International Labour Conference in 1919. In the following decades ILO activities has led to the preparation of three international documents concerning this issue (non-binding ILO Convention No. 66 in 1939, and Convention No. 97 of 1949, and No. 143 of 1975). For many decades, the problem of the protection and assistance of migrant workers' rights was considered as a narrow issue of international labor law. Codification efforts, undertaken during seventies, has led to the adaptation of the UN document (International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families) in 1990, and inclusion this issue into more general area of international human rights law. Despite this fact, and the existence of several categories of documents concerning migrant workers within Council of Europe, the European Union, and even ASEAN, the protection of migrant workers has never been effectively functioning system. The aim of this article is the analysis of the codification of that issue, and the main obstacles to consensus on the protection of migrant workers' rights. The state parties of the UN Convention contains primarily countries of origin of migrants (such as Mexico, Morocco and the Philippines). It seems, therefore, that despite 46 ratifications the, UN convention does not have a global character, and activities of its monitoring body (Committee on Migrant Workers-CMW) reflects primarily demands of sending countries. The article closely examines particularly controversial provisions of the ILO and UN documents from the point of view of current labour migrations and policies of sending and host countries.

The first part of the article is dedicated to the classic approach to security in three areas: the security of the individual, the state and on the international stage. Then the author conducts an analysis of the interdisciplinary approach to security. He characterised the behavioural as well as sociological and economic theories. The author analyses the government policies pertaining to internal security in the last fifteen years. He explained the legal and constitutional rules of the government administration in Poland and then characterised the system of institutions responsible for security within the country involving a critical analysis of internal security policy, i.a. its effectiveness and efficiency. The author formulates the thesis which holds that within the last fifteen years the governments have failed to design an effective policy of internal security, so far. The postulated concepts and governmental proposals have been designed as temporary measures and under political pressure without much consideration for systemic solutions. The policy of internal security lacks the systemic approach deriving from the theory of organisation.

There is no law making without law writing. Creating an act of law means organizing (coding) a rule into a strictly designed form. That form and the knowledge of coding allows a reader to extract rules from statues. The knowledge necessary for law writing includes but is not limited to the following elements of acts of law: statues, directives, editing, text structure, rules for amending and unifying etc. Development of legislative techniques and quality control in law writing are necessary to provide high quality law that citizens can trust.

The article treat about functioning of penitentiary institutions in the context of the paradigm of total institutions, the author is analysing current methodological arrangements in examining the penitentiary institutions /P. Moczydłowski, M. Ciosek. H. Machel, M. Kamiński/. Next he is presenting own methodological proposals concerning research penitentiary institutions

The aim of this paper is an analysis of development-induced displacement as a global social problem, diverse category of internal displacement and challenge for the international institutions and public international law. The problem in strongly linked with the reflection on the mechanisms of legal protection of particularly vulnerable communities and minorities. The paper complements the studies on empowerment of indigenous communities and more sustanaible development growth conducted on the basis of development studies.

Ensuring internal security is one of the core objectives of European integration in the context of the establishment of an area of freedom, security and justice of the European Union (E.U.). The aim of the internal security policy of the E.U. is to support Member States with regard to the maintenance of law and order and the safeguarding of internal security. In the last 20 years in the area of internal security of the E.U. many important initiatives, political agendas and legal instruments at the E.U. level have arisen. This article aims to show the development of the internal security policy of the E.U., its most important guidelines and the challenges in the coming years.

The dynamic growth in consumption causes an increasing quantity of industrial and communal waste. The waste is the reason for many problems in all countries of the world, and preventing its abundant generation, its rational exploitation and, as the last resort, safe disposal is one of the important challenges posed to contemporary cities. Managing the waste economy or the waste management policy is the area of the interests of the European Union, both in legal and economic aspects. The legal aspects encompass the protection of the natural environment whereas the economic ones address the economical usage of waste under the municipal economy. Poland, following the E.U. trends, is adapting its legislation to the E.U. legislation. Thus it puts more weight to the 'waste' policy implementing some solutions in the area of waste management drawing on the Swedish or German models, i.e. trying, to give an example, to transform a part of the waste thermally this way generating fuel for the production of central heating and electric energy. The article is aimed at the presentation of the current issues in the area of the waste management policy in Poland, above all, pertaining to the amendment to the regulations covered by the Law on the Maintenance of the Order and Cleanliness in Communities. The article also aims to address the issues pertaining to the so-called "in house" orders connected with the management of communal waste by municipal companies.

The article focuses on the theoretical and practical analysis of various levels of governance in higher education - at the systemic level, at the institutional level and at the level of public policy making in higher education system and universities. Both Poland and Ukraine are facing the common challenges of the urgent need to diminish bureaucracy at universities and to deregulate the system of higher education, which requires the necessary changes to the legal framework at the institutional and systemic levels. The article considers which tools in the process of transformation of higher education, both at the macro (governance in HES and public policy) and micro (governance and management in HEI) levels can be used in order to find effective solutions in the areas of management, governance and public policy in the higher education system.

Examining psychological mechanisms which lay at the heart of manslaughters aren't a new subject in Polish psychology and penitentiary sociology. In case of the public correction he seems positive to be influence relatively of short stay in penitentiary individuals. In case of the psychological correction long-term therapy is giving greater effects. Undervalued through penitentiary administration of the factor criminological process there is an influence of media, and by force methods of proceedings are marked most popular - with innovative - middle of achieving desired objectives socially.