Suchergebnisse

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.

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 network of hospitals was implemented by an amendment of healthcare services financed from public funds. The act was introduced on 1st October 2017. The goals of the new organization of healthcare were not written directly in in the law or in the justification of the draft bill. It is supposed that the Ministry of Health planned through these changes to strengthen public hospitals and limit competition of public financing for private hospitals. The aim of the article is to stress the role of public policy in programming law changes in the future. The implementation of the science of public policy could improve the quality of the Polish law in the healthcare system.

The article aims to analyze changes in public (administrative) law, including the introduction of a new act of law (the so-called "Law 2.0") on higher education and science in 2018 in Poland. Together with the accompanying introductory law and executive acts, Law 2.0 established not only a new legal regime, but also forced institutional changes, that will be analysed in the second part of this article. In addition to the analysis, the article is also presents author's conclusions de lege lata and de lege ferenda.

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?).

The author of the book research the interaction of politics and law as two important social regulators that have a common goal the effective development of society. The author defines the real models of interaction between politics and law, which have formed in Ukraine and the Republic of Poland in the process of social transformation, and the creation of an appropriate model, which should be based on the goal of ensuring the public interest.

The aim of the article is to analysis the issues of parliamentary control of the state budget and to identify the problems associated with the implementation of this control. In particular, the role of the Sejm is discussed in terms of preliminary control (ex ante) concerning the compliance of the bill on the budget with the law, current control (ex dure) consisting in assessing the implementation of the budget law, and subsequent control involving in assessing the implementation (ex post) of the state budget. The analysis made it possible to show that proper implementation of parliamentary budgetary control will be impossible without a reform of the system of public finances involving ensuring the preparation of independent macroeconomic forecasts as a basis for the preparation of draft state financial plans, reducing the number of organizational and legal forms of public financial management, abandoning the reporting of public debt in two different ways, and changing the rules of discharge. From this point of view, efforts should be made to give this control this rank so that it does not remain a myth of fiscal control.

Human rights, the rule of law and democracy are the basic issues on which the axiological system of the Council of Europe is based. All activities of the Council of Europe are subordinated to this axiology and influence the proposed shape of public policies in the states that are members of the organization. The study concerns a specific policy, namely the strategy for youth, and is the result of research aimed at answering the question of what influence recommendations of the Council of Europe have on the development of young Poles' participation in public and social life at the local and regional level. During the research, the method of institutional and legal analysis was of key importance, by means of which legal acts of the Council of Europe and Poland (both legally binding and "soft law") were analyzed, in particular those relating to youth policy.

The premise of the article is that the experience of the COVID-19 pandemic, among others, will highlight the shortcomings in public policies in Poland. It is also assumed that public policies include actions of the authorities towards artists. The status of artists as a target group of public policy in a democratic system is diagnosed as well as the process of creating regulations for the status of a professional artist in Poland is described. The subject of a detailed analysis are the decisions of the Polish government regarding artists in the years 2020-2021. Technical, formal, and media problems of the authorities with the distribution of aid funds for artists in Poland are related to the lack of a law definition of an artist in the Polish social security system, and more broadly, in public policies. Due to the fact that the legislative work on the artist's status has not been completed before the 5th wave of the COVID-19 pandemic, problems in managing public aid for artists in Poland are expected to reoccur.

The main obstacles in the implementation of public policies emerge at the earlier stages of the agenda-setting and the formulation of goals due to institutional constraints. They comprise the ambiguities about the governing center and thus about the real actors of the public policy process. The government fully controls the legislation, although this results from a functional unity of the executive and the legislative powers rather than from formal regulations. The parliament gets deprived of its influence on public policy. The government, however, is not able to fulfill its functions, either. The evidence shows that the main actor in programming public policy is the administration, and the decision-taking process is dispersed among separate ministries without any real coordination and oversight. The law is an instrument of communicating decisions taken at the pre-legislative stage. The use of objective data and public consultations is occasional, although they could compensate for the declining role of the parliament. This makes the selection of proper policy instruments yet more difficult.

ccording to the Section 1 of the Council of European Union Framework Decision 2008/913/JHA on combating certain forms and expressions of racism and xenophobia by means of criminal law, each Member State shall take the measures necessary to ensure that the following intentional conduct is punishable: publicly condoning, denying or grossly trivialising crimes of genocide, crimes against humanity and war crimes. Section 74.1 ―Acquittal of Genocide, Crime against Humanity‖ of the Criminal Law provides for liability in the public glorification of genocide, crime against humanity, crime against peace or war crime or glorification, denial, acquittal or gross trivialisation of committed genocide, crime against humanity, crime against peace or war crime, including genocide, crime against humanity, crime against peace or war crime committed by the U.S.S.R. or Nazi Germany against the Republic of Latvia and its inhabitants. The article aims to initiate a debate on potential problems related to the application of the Section 74.1 ―Acquittal of Genocide, Crime against Humanity‖ of the Criminal Law. The author offers his vision of the regulatory framework application problems.

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.

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 creation of socio-economic policy is not, however, the main domain of the second chamber, especially in those systems, where the model of asymmetric bicameralism is implemented. The limitation of the process of creating economic policy is observable for example in the Czech Republic, where the Senate does not participate in passing of the budget act. Socio-economic policy of the state is not the main scope of interest of the Polish Senate either. The majority of legislative initiatives results in the creation of a new law and it does not raise the subject of socio-economic state policy directly. There are to be found, however, some initiatives that propose changes in the tax system, labour law, social care law or in the area of pensions and annuities. Owing to the legislative initiatives of the Senate accounting chambers and employers' associations were created. While analyzing the role of the Senate in socio-economic state policy the actions of Senate committees, especially of the Budget and Public Finance Committee, the National Economy Committee, the Family and Social Policy Committee, the Agriculture and Rural Development Committee are worth emphasizing. Those committees put forward amendments to the budget act, review the laws passed by the Sejm or international agreements concerning socio-economic policy. Some of the effects of the Polish Senate's committee work is, among many, proposing by the Budget and Public Finance Committee, on behalf of the Senate, a number of amendments to consequent budget acts. It should be stressed, however, that the Senate undermines its role in the field of socio-economic policy. It takes, so to say, additional measures to other activities. A lack of long-term and comprehensive programmes can be seen in those actions. The Senate uses the instruments of government, nevertheless, it does so in moderation.

In Poland, similarly to other countries, there is no unambiguous agreed explanation to the reasons for the observed decline in crime. The article analyses the impact of video monitoring systems on losses caused by three categories of offenses: (a) car theft, theft with burglary, theft from cars; (b) damage to cars; (c) robbery. To answer the question whether the installation of video surveillance systems has an impact on security, the economic effect of installing cameras in eight Polish cities (Gdańsk, Katowice, Kielce, Lublin, Łódź, Poznań, Warszawa, Wrocław), where video surveillance systems are well developed, is examined. Determining whether the installation of cameras contributes to the reduction of losses caused by crime allows assessing the suitability of cameras for improving public safety. The study partially confirms the effectiveness of video monitoring systems for a decrease in crime in the analysed categories of crime. However, other possible factors, in addition to the development of monitoring, may have an impact. Moreover, the impact is less pronounced in the case of the volume of losses caused by crime than the number of crimes. Thus, when assessing public policies regarding security, the number of offenses criterion is insufficient.