Suchergebnisse

"W maju 2020 roku Profesor Witold Kulesza obchodził 70. rocznicę urodzin. Z tej okazji postanowiliśmy skierować zaproszenie do wybitnych przedstawicieli najważniejszych ośrodków naukowych w Polsce i za granicą, by wspólnie uhonorować Jubilata. Efektem naszej współpracy jest prezentowana księga jubileuszowa, zawierająca pięćdziesiąt artykułów o szerokiej tematyce. Zostały one pogrupowane w obrębie czterech rozdziałów - O sprawiedliwości, O prawie karnym w ogólności, O prawie karnym w szczególności, O kryminologii i polityce kryminalnej - by nawiązać do najistotniejszych wątków dorobku naukowego Jubilata. Wśród nich znajdują się prace z pogranicza prawa karnego oraz filozofii państwa i prawa, a także dotyczące poszczególnych typów przestępstw. Autorzy artykułów zarówno sięgają wstecz, jak i odnoszą się do współcześnie wprowadzonych rozwiązań z zakresu prawa penalnego. Pro dignitate legis et maiestate iustitiae, żywiąc głęboki szacunek wysokie uznanie dla Profesora Witolda Kuleszy, składamy tę księgę Jubilatowi w hołdzie i darze."--

"The European Union is today a major player in many policy areas, going from classic economic fields as competition policy, agriculture and fisheries policy to new emergent fields as environmental policy, arterial intelligence policy, security and foreign policy and criminal justice policy. These policies comes with an increasing level of EU regulation, having also a substantive impact on the harmonization of national policies and regulations. This expansion of EU competence naturally also places new demands on their enforcement, especially when it comes to investigations with the aim of imposing punitive administrative and/or criminal sanctions. In this expanded version of his valedictory lecture Prof. Vervaele is assessing 1) to what extent the EU and its Member States have a policy on punitive enforcement in the internal market and in the Area of Freedom Security and Justice and 2) how this policy translates into the harmonization of substantive administrative and criminal law and procedural law at the national level and into the elaboration of administrative and judicial cooperation instruments and the setting up of European enforcement agencies. The assessment includes to what extent this policy takes account of the human rights obligations. Vervaele concludes with a plea for a European model for punitive law enforcement with an increased alignment between the administrative enforcement tools in the internal market and the criminal enforcement tools in the Area of Freedom, Security and Justice. In this model the national enforcement authorities are build in under a network cooperation scheme."--

The issue analysed by the author is that of the institution of Presidential immunity pertaining to the President of the Republic of Poland, and operating in such a way that a sitting President cannot be held criminally liable before a common court for acts tantamount to offences. Inclining towards the essence of this solution and its consequences when it comes to respect for constitutional principles of legalism and equality before the law, the author at the same time seeks to assess the completeness of the provisions in effect in Poland, in so doing identifying a lack of clear directives as to how a former President (i.e. one who has left office) is to be held criminally liable. The conclusion reached by the author can be said to boil down to a recognition that the liability of a former President before Poland's Tribunal of State for offences or crimes committed is of an accessory nature where common courts are concerned, with the condition underpinning recognition of the Tribunal's primacy in matters of jurisdiction being the National Assembly's adoption of a Resolution holding a former President liable constitutionally, and potentially at the same time initiating action in respect of given offences. Any lack of such a National Assembly Resolution must give rise to a particular kind of reactivation – in respect of the former President – of jurisdiction in the dispensing of justice by common courts, given the fact that one of the negative procedural premises has ceased to be non-applicable. Thus, unlike in the case of a President still holding office, the cognition of the Tribunal of State in relation to a former President is neither exclusive nor automatic. Such observations have also stimulated work by the author to develop de lege ferenda postulates regarding the subject matter, as set against the wider background of Poland's political and constitutional system.

The Norwegian Tax Office constitutes an institution with a long tradition and history, but as well opened to the citizens' needs and meeting their expectations. It is an institution which is in a constant movement through modernisation and improvement of its services. The history of the tax system goes back to the medieval times. The tax policy has been developed since Middle Ages, when the main role was played by the church, then by the king or the state. In the next periods the tax offices were managed by the municipalities and at last, in the 60. were fully taken over by the state. A milestone in the Norwegian Tax Office's history was a reform from 1911, where the obligatory tax return was introduced and from 1957 where the current each-monthincome tax payment was implemented. For those running own businesses the advance tax payment was developed. These solutions have been applicable with success since then until now. The next big progress was made in the late 70. when the leadership was taken over by the economist, not a lawyer which was a rule then, Erling Ree-Pedersen, who started managing the organization and seeing it as a whole unity. Thanks to this approach the Tax Office has been moved closer to the tax payers and started to meet their expectations. The technological solutions, which occurred in the next years and have been developed since, have just proved that the institution which is so little popular can be helpful, friendly and approachable through the newest technologies. The Norwegian Tax Office is an institution which evokes trust among citizens, especially that the main aim of the tax policy is supporting the state with sufficient income level. Simultaneously the main aim of Norway as a welfare state is supplying the citizens with the appropriate life standard through, among others, efficient tax policy, allowing to finance the main fields within public policy.

The aim of the paper is to measure the efficiency and productivity of public administration in higher education using the DEA method and the Malmquist index. The research was carried out in 58 higher education institutions of the Ministry of Science and Higher Education in the years 2014-2017. The obtained efficiency results oscillate around 70%. The most effective were pedagogical universities and the least agricultural universities. However, the highest productivity growth was recorded in 2015/2016 in technical universities.