Suchergebnisse

W artykule zostało przedstawione pojęcie dyskrecjonalności w polskim prawie administracyjnym oraz w prawie unijnym. Nierównorzędność stron stosunku administracyjnoprawnego jest potęgowana przez działanie organów administracji publicznej w ramach władzy dyskrecjonalnej. Sytuacja prawna jednostki wobec organu ulega tym większej dysproporcji, im więcej luzu decyzyjnego przyznanego przez prawodawcę posiada organ. Problem ten zauważa także prawodawca unijny. Z tego względu istniejące standardy oraz planowane regulacje w zakresie prawa administracyjnego (Europejski kodeks postępowania administracyjnego) mają na celu przede wszystkim ochronę jednostki. Wskazuje się na konieczność zachowania równowagi między interesem publicznym a słusznym interesem strony. Trybunał Sprawiedliwości Unii Europejskiej zauważył, że w porządku międzynarodowym podmiotami są nie tylko państwa członkowskie, ale także same jednostki i to one zostały objęte szczególną ochroną prawną. ; This article presents the concept of discretion in Polish administrative law and EU law. The inequality of parties in an administrative law relationship is increased by existence of administrative discretion. The legal situation of an individual is weaker when the administrative body has clearance decision-making. This problem has also been reflected in the planned regulation and standards of the EU legislation in the field of administrative law (Law of Administrative Procedure of the European Union) designed to protect individuals. It is recommended that a balance between the public interest and the legitimate interests of the party be maintained. The Court of Justice of the European Union pointed out that in the international order it is not only Member States, but also individuals who are subject to protection.

There are about 2.2 million prisoners in the USA. It is generally viewed that this number is a result of a too severe penal system connected with the introduction of the absolute intolerance for drug crimes policy. But not only gang members and drug dealers are doing time in prison, this system also applies to war veterans. In 2012, there were 181,500 veterans behind bars, especially participants of the recent wars. Most of them face problems with addiction or struggle with permanent unemployment, homelessness or psychological disorders. This phenomenon is alarming because veterans as a privileged group have a social, medical, education cover and all capabilities not to break the law. Veterans as former soldiers, disciplined and well familiar with criminal law, who received ethics and international humanitarian law training courses, from practical point of view should not break the rules stated by the legal system. The image of former veterans who served their country, totally disagree with penitentiary statistics. Recent years have shown that military service, especially in the area of conflict, may become a double-edged sword, and in fact veterans may pose a threat to society.

The study attempts an analysis of the relationship between the concepts of state and nation sovereignty. The thesis has been proposed that state sovereignty could be regarded as a derivation of nation sovereignty. While attempting to approve of the proposed thesis, the authors describe the relationship between both institutions by referring to their origins. In the light of concepts of sovereignty, the relationship between state and international law is presented from a philosophical perspective. Approving the proposed thesis, the authors conclude that regardless of whether state sovereignty derives from nation sovereignty or not, the two concepts refer to different backgrounds which can be seen both in their origins and contemporary realities. ; The study attempts an analysis of the relationship between the concepts of state and nation sovereignty. The thesis has been proposed that state sovereignty could be regarded as a derivation of nation sovereignty. While attempting to approve of the proposed thesis, the authors describe the relationship between both institutions by referring to their origins. In the light of concepts of sovereignty, the relationship between state and international law is presented from a philosophical perspective. Approving the proposed thesis, the authors conclude that regardless of whether state sovereignty derives from nation sovereignty or not, the two concepts refer to different backgrounds which can be seen both in their origins and contemporary realities. ; The study attempts an analysis of the relationship between the concepts of state and nation sovereignty. The thesis has been proposed that state sovereignty could be regarded as a derivation of nation sovereignty. While attempting to approve of the proposed thesis, the authors describe the relationship between both institutions by referring to their origins. In the light of concepts of sovereignty, the relationship between state and international law is presented from a philosophical perspective. Approving the proposed thesis, the authors conclude that regardless of whether state sovereignty derives from nation sovereignty or not, the two concepts refer to different backgrounds which can be seen both in their origins and contemporary realities.

The terrorist attacks on 11 September 2001 by the terrorist organization Al-Qaeda on the World Trade Center and the Pentagon, initiated a series of changes in U.S. security policy. The amount of power the executive government, special services and police had was greatly extended in the name of the war on terror. A country that used to be characterized by openness, commitment to freedom and civil liberties, has become a country that spies on its own citizens. It has turned out that "the police of the world" do not comply with international law themselves and use torture against people suspected of terrorist activities. ; The terrorist attacks on 11 September 2001 by the terrorist organization Al-Qaeda on the World Trade Center and the Pentagon, initiated a series of changes in U.S. security policy. The amount of power the executive government, special services and police had was greatly extended in the name of the war on terror. A country that used to be characterized by openness, commitment to freedom and civil liberties, has become a country that spies on its own citizens. It has turned out that "the police of the world" do not comply with international law themselves and use torture against people suspected of terrorist activities.

Lithuania officially declared their support for international mission in Iraq 21st March 2003. Four days later, 25th March, Parliament of the Republic of Lithuania adopted the resolution, in which resolved "to dispatch for a six-month period to the international operation led by United States of America in the Persian Gulf Region, a humanitarian type mission of Lithuanian soldiers." Assignment of that mission was a support of international operation and assistance to victims of the conflict. In the beginning of the mission Lithuanian soldiers served in two areas of responsibility: Polish and British. This country delegated officers to the headquaters of the divisions in Basra and Babylon, and to the NATO Training Mission. In each unit, a total of 100 Lithuanian military personnel served in the UK- and Polishcontrolled sectors in Iraq. Lithuania took part in the European Union's training program called EU Integrated Rule of Law Mission for Iraq. On this initiative, the Iraqi officers familiarized themselves with the implementation of Lithuanian penitentiary system reform and the respect for human rights in the area of criminal justice. 25th January 2006 was the last day of Lithuanian military contingent duty within Multinational Division Central South. ; Lithuania officially declared their support for international mission in Iraq 21st March 2003. Four days later, 25th March, Parliament of the Republic of Lithuania adopted the resolution, in which resolved "to dispatch for a six-month period to the international operation led by United States of America in the Persian Gulf Region, a humanitarian type mission of Lithuanian soldiers." Assignment of that mission was a support of international operation and assistance to victims of the conflict. In the beginning of the mission Lithuanian soldiers served in two areas of responsibility: Polish and British. This country delegated officers to the headquaters of the divisions in Basra and Babylon, and to the NATO Training Mission. In each unit, a total of 100 Lithuanian military personnel served in the UK- and Polishcontrolled sectors in Iraq. Lithuania took part in the European Union's training program called EU Integrated Rule of Law Mission for Iraq. On this initiative, the Iraqi officers familiarized themselves with the implementation of Lithuanian penitentiary system reform and the respect for human rights in the area of criminal justice. 25th January 2006 was the last day of Lithuanian military contingent duty within Multinational Division Central South.

Lithuania officially declared their support for international mission in Iraq 21st March 2003. Four days later, 25th March, Parliament of the Republic of Lithuania adopted the resolution, in which resolved "to dispatch for a six-month period to the international operation led by United States of America in the Persian Gulf Region, a humanitarian type mission of Lithuanian soldiers." Assignment of that mission was a support of international operation and assistance to victims of the conflict. In the beginning of the mission Lithuanian soldiers served in two areas of responsibility: Polish and British. This country delegated officers to the headquaters of the divisions in Basra and Babylon, and to the NATO Training Mission. In each unit, a total of 100 Lithuanian military personnel served in the UK- and Polishcontrolled sectors in Iraq. Lithuania took part in the European Union's training program called EU Integrated Rule of Law Mission for Iraq. On this initiative, the Iraqi officers familiarized themselves with the implementation of Lithuanian penitentiary system reform and the respect for human rights in the area of criminal justice. 25th January 2006 was the last day of Lithuanian military contingent duty within Multinational Division Central South. ; Lithuania officially declared their support for international mission in Iraq 21st March 2003. Four days later, 25th March, Parliament of the Republic of Lithuania adopted the resolution, in which resolved "to dispatch for a six-month period to the international operation led by United States of America in the Persian Gulf Region, a humanitarian type mission of Lithuanian soldiers." Assignment of that mission was a support of international operation and assistance to victims of the conflict. In the beginning of the mission Lithuanian soldiers served in two areas of responsibility: Polish and British. This country delegated officers to the headquaters of the divisions in Basra and Babylon, and to the NATO Training Mission. In each unit, a total of 100 Lithuanian military personnel served in the UK- and Polishcontrolled sectors in Iraq. Lithuania took part in the European Union's training program called EU Integrated Rule of Law Mission for Iraq. On this initiative, the Iraqi officers familiarized themselves with the implementation of Lithuanian penitentiary system reform and the respect for human rights in the area of criminal justice. 25th January 2006 was the last day of Lithuanian military contingent duty within Multinational Division Central South.

Lithuania officially declared their support for international mission in Iraq 21st March 2003. Four days later, 25th March, Parliament of the Republic of Lithuania adopted the resolution, in which resolved "to dispatch for a six-month period to the international operation led by United States of America in the Persian Gulf Region, a humanitarian type mission of Lithuanian soldiers." Assignment of that mission was a support of international operation and assistance to victims of the conflict. In the beginning of the mission Lithuanian soldiers served in two areas of responsibility: Polish and British. This country delegated officers to the headquaters of the divisions in Basra and Babylon, and to the NATO Training Mission. In each unit, a total of 100 Lithuanian military personnel served in the UK- and Polishcontrolled sectors in Iraq. Lithuania took part in the European Union's training program called EU Integrated Rule of Law Mission for Iraq. On this initiative, the Iraqi officers familiarized themselves with the implementation of Lithuanian penitentiary system reform and the respect for human rights in the area of criminal justice. 25th January 2006 was the last day of Lithuanian military contingent duty within Multinational Division Central South. ; Lithuania officially declared their support for international mission in Iraq 21st March 2003. Four days later, 25th March, Parliament of the Republic of Lithuania adopted the resolution, in which resolved "to dispatch for a six-month period to the international operation led by United States of America in the Persian Gulf Region, a humanitarian type mission of Lithuanian soldiers." Assignment of that mission was a support of international operation and assistance to victims of the conflict. In the beginning of the mission Lithuanian soldiers served in two areas of responsibility: Polish and British. This country delegated officers to the headquaters of the divisions in Basra and Babylon, and to the NATO Training Mission. In each unit, a total of 100 Lithuanian military personnel served in the UK- and Polishcontrolled sectors in Iraq. Lithuania took part in the European Union's training program called EU Integrated Rule of Law Mission for Iraq. On this initiative, the Iraqi officers familiarized themselves with the implementation of Lithuanian penitentiary system reform and the respect for human rights in the area of criminal justice. 25th January 2006 was the last day of Lithuanian military contingent duty within Multinational Division Central South.

Powyższy artykuł ma na celu przedstawienie działania precedencji na przykładzie państw wybranych z uwagi na ich strukturę wewnętrzną (Rzeczpospolita Polska, Francja i Włochy jako kraje unitarne oraz Niemcy, USA i Rosja jako państwa federalne) lub też panujący w nich ustrój (Wielka Brytania i Irlandia Północna oraz Hiszpania jako monarchie). W celu lepszego zobrazowania problematyki opis zwyczajów i regulacji współczesnych poprzedza wstęp historyczny, a także zarys podstaw zasad pierwszeństwa w ramach korpusu dyplomatycznego. Artykuł konkluduje myśl, iż precedencja – znajdująca obecnie zastosowanie niemalże wyłącznie w polityce – powinna występować w wielu dziedzinach życia, ponieważ jest środkiem pozwalającym na rozwiązanie zarówno różnorakich kwestii proceduralnych, jak również konfliktów na tle niezamierzonego okazania braku szacunku. ; The article depicts order of precedence on the example of countries selected either based on their internal structure (Poland, France and Italy as unitary states and Germany, the USA and Russia as federal states) or their form of government (the United Kingdom of Great Britain and Northern Ireland and Spain as monarchies). In order to picture the issue better, the description of present customs and regulations is preceded by historical introduction, as well as an outline of the basics of the rules of precedence in the diplomatic corps. Ultimately, the author concludes that precedence – being present almost solely in politics – ought to be found in nearly all areas of life, as it enables the resolution of various issues, as well as conflicts resulting from unintended lack of respect.

The article presents international relations (or relations among nations) as based on a voluntarily accepted and previously negotiated agreements and treaties which form ground for a quite efficient and mostly peaceful anarchic system (order). Based on a libertarian political philosophy, supported by selected international relations theories, the article shows that even between the agencies of territorial monopoly on the use of force and decision making who are in possession of a military forces or weaponry of mass destruction there can exist peaceful and beneficial bilateral and multilateral contacts and relations based on the norms of the international law (characterized as norms and rules of behavior for governments with respect to relations with other governments), despite the fact that war is still one of the possible scenarios of a governmental action on the international arena. Furthermore it has been shown that, contrary to the arguments of some libertarian thinkers, weaponry of mass destruction even in the hands of governments can contribute to stabilizing the international system which proves that - from the libertarian point of view immoral and unethical entities - the States are capable of operating in the anarchic system in a very different manner than the authors like Thomas Hobbes would like to think, wrongly depicting anarchy as a permanent conflict of everyone against everyone, belli omnia conta omnes. In the conclusion main flaws and drawbacks of the anarchic international system are pointed out, however major advantages from the libertarian perspective of the system in question are raised as well.

The article presents international relations (or relations among nations) as based on a voluntarily accepted and previously negotiated agreements and treaties which form ground for a quite efficient and mostly peaceful anarchic system (order). Based on a libertarian political philosophy, supported by selected international relations theories, the article shows that even between the agencies of territorial monopoly on the use of force and decision making who are in possession of a military forces or weaponry of mass destruction there can exist peaceful and beneficial bilateral and multilateral contacts and relations based on the norms of the international law (characterized as norms and rules of behavior for governments with respect to relations with other governments), despite the fact that war is still one of the possible scenarios of a governmental action on the international arena. Furthermore it has been shown that, contrary to the arguments of some libertarian thinkers, weaponry of mass destruction even in the hands of governments can contribute to stabilizing the international system which proves that - from the libertarian point of view immoral and unethical entities - the States are capable of operating in the anarchic system in a very different manner than the authors like Thomas Hobbes would like to think, wrongly depicting anarchy as a permanent conflict of everyone against everyone, belli omnia conta omnes. In the conclusion main flaws and drawbacks of the anarchic international system are pointed out, however major advantages from the libertarian perspective of the system in question are raised as well.

artykuł jest polską wersją językową publikacji: The analysis of the amount and structure of foreign exchange reserves in Poland in the years 1998-2014 (Law and Administration in Post-Soviet Europe. Volume 2, Issue 1, Pages 34-41, ISSN (Online) 2391-5544, DOI:10.1515/lape-2015-0004, August 2015 ; Celem niniejszego opracowania jest analiza wielkości i struktury rezerw dewizowych w Polsce w latach 1998–2014. Rezerwy dewizowe stanowią zabezpieczenie finansowe kraju rozwijającego się, dlatego strategie zarządzania nimi zakładają zazwyczaj inwestowanie ich w sposób niezwykle bezpieczny i płynny. W te standardy wpisuje się także i polska struktura rezerw dewizowych. Zostały one zainwestowane w głównej mierze w papiery dłużne najbardziej wiarygodnych rządów i instytucji międzynarodowych, denominowane w głównych walutach międzynarodowych, i taka struktura utrzymuje się od lat. ; The aim of the study is to analyze the amount and structure of foreign exchange reserves in Poland in the years 1998-2014. The international reserves determine the emerging economies' financial security and that is why foreign exchange reserves management strategies assume that they are invested with priority given to liquidity and security. These principles are also binding in the Foreign Exchange Reserves Management in Poland. Most of international reserves are invested in debt securities of the most credible economies and international institutions, and they are denominated in the main international currencies. This structure has been maintained in Poland for many years.

This article identifies the political challenges for Central Europe resulting from the Russian Federation conducting competition below the threshold of war. The main research methods, both inductive and deductive, were analysis and a survey of the existing literature. There is still aggression in international rivalry, and its level is deliberately regulated so as not to cross the threshold of open armed conflict as defined by international law. The contemporary rivalry of the Russian Federation takes on an unlimited scope and goes beyond the physical sphere: the main emphasis in its application is on non-military and non-lethal forms of influence that can be easily combined with kinetic ones. The exploitation of the space between the binary borders of war and peace was practically verified both under the Tsarist Russia and the Soviet Union. It has been confirmed that a great deal of importance in Russia is now attached to unconventional activities and that their application offers great opportunities to achieve strategic objectives without the need to resort to direct military confrontation.

The prestige of law is one of the most crucial issues addressed in the sociology of law. The awareness of the degree of acceptance of the law by its addressees is a fundamental factor in the introduction of possible changes in the legal system.The notion of "prestige of law" was introduced to empirical sociology by Adam Podgórecki in the research he conducted in Poland in 1964.A new perspective in the study was to go beyond classical socio-demographic variables and put an emphasis on personality variables. It was also one of the first such studies internationally. In the fifty years that have passed since A. Podgórecki's research, similar studies, even using exactly the same questions, have been repeated many times in both nation-wide and local studies. It should be assumed that the changes taking place in Poland and in the consciousness of its citizens during that time, such as the change of the system, increasing civil rights and freedoms, Poland's accession to international organizations, etc., might be reflected in the increasing level of the prestige of law. But did it happen? Unfortunately not. The analysis of empirical research devoted to the prestige of law in the following article, especially after the political transformation that took place in 1989, but also nowadays, is an attempt to explain the reasons for its persistently low level. ; Prestiż prawa to jedno z najważniejszych zagadnień podejmowanych w socjologii prawa. Wiedza na temat stopnia akceptacji prawa przez jego adresatów jest czynnikiem podstawowym dla wprowadzenia ewentualnych zmian w porządku prawnym. Pojęcie prestiżu prawa zostało wprowadzone do socjologii empirycznej przez Adama Podgóreckiego w badaniach pod tym tytułem, które przeprowadził w Polsce w 1964 r. Nowym ujęciem w przeprowadzonych badaniach było wyjście poza klasyczne zmienne socjodemograficzne i położenie nacisku na zmienne osobowościowe. Było to też jedno z pierwszych takich badań w skali międzynarodowej. W ciągu pięćdziesięciu lat, które minęły od badań A. Podgóreckiego, podobne badania, nawet przy użyciu dokładnie tak samo sformułowanych pytań, powtarzane były wiele razy, zarówno w badaniach ogólnokrajowych, jak i lokalnych. Należy założyć, że zmiany zachodzące w Polsce i w świadomości jej obywateli przez ten czas, takie jak zmiana ustroju, zwiększenie praw i swobód obywatelskich, wstąpienie Polski do organizacji międzynarodowych itp., mogą mieć odzwierciedlenie w zwiększającym się poziomie prestiżu prawa. Czy jednak tak się stało? Niestety nie. Przeprowadzona w niniejszym artykule analiza badań empirycznych poświęconych prestiżowi prawa, zwłaszcza po transformacji ustrojowej, jaka miała miejsce w 1989 r., ale również w czasach obecnych, stanowi próbę wyjaśnienia przyczyn stale utrzymującego się jego niskiego poziomu.