Suchergebnisse

The article aims to determine the influence of administrative courts' jurisprudence on planning practice in the field of spatial order protection. This impact was verified from the perspective of two key, practical (used by courts, local government units, participants in the space game), and legal information systems: LEX and Legalis. The jurisprudence theses contained in the systems mentioned above constitute the basis for the judgments and formulation of arguments expressed in subsequent cases. Two key provisions were selected, important from the perspective of the protection of spatial order and the scope of property rights in the spatial management system: Art. 2, point 1, and Art. 6. The results show that in the examined systems, neutral judgments dominate. Nevertheless, the representation of decisions enabling the expansion of development possibilities is forceful. In this context, the key decisions seem to be more precise, defining the spatial order and directly indicating the superiority of the spatial order over the ownership right. Despite the lack of a clear legal basis, administrative courts should pay particular attention to this direction.

The monography provides a comparative analysis of the constitutional review bodies' activities, their status and efficiency in different Post-Soviet States. It deals with the complex description of the constitutional provisions' compliance, the problems of legal mechanisms and stability, evolution of the local legislation. In this book the authors provide a detailed report of the constitutional review institutions' problems in the process of ensuring its legislative position. In this context we find in the research a description of the legal, political risks of the constitutional control in Post-Soviet States, its social perception and the predictability of its legal systems' development. This work integrates the unique structure of presentation and research materials. By the reflection of this type the authors lay the base for continuing further researches of constitutional review development dynamics in the countries of the region.

The article discusses the Norwegian response to the neoliberal movement of privatising public education. Neoliberal trends in public services, including education, mainly manifest themselves in the affirmation of the economic efficiency in public services provision, increased participation of private and non-governmental organisations and the creation of quasi-markets. In Norway likewise in other Scandinavian countries the reform of public sector has not been strongly influenced by neoliberal ideology and the New Public Management. On the other hand, it was the political decentralisation and empowerment of local communities that shaped the organisation and management of the school system. The primary aim of the Norwegian education is to ensure equality and inclusion for all students, regardless of their gender, abilities, family background, nationality and health condition. !e article presents the historical path of public and non-public schooling in Norway illustrated by the statistical data concerning kindergartens, schools and pupils respectively. The central and local government still provides the vast majority of public education services and the non-public sector remains limited. Nevertheless in the last 10 years the rise in the number of private schools has been noticed, especially in bigger cities and more affluent dwellings. In its final part the article presents the recent developments in the privatisation policy conducted by the conservative government in Norway. It deliberates postulates relating to modification of administrative procedures leading to the establishment of private schools, widening the school choice for parents as well as diversification of the teachers' professional status. It also sketches examples of the utilisation of private-public partnerships in construction and operationof public schools.

In June 2015 the Ministry of Labour and Social Policy announced an amendment to the Labour Code, which is the reaction to the prevalence of employment based on-fixed term contracts in Poland. The scale of this phenomenon is not observed in any other E. U. state. New regulations may result in a decrease in the share of fixed-term employees of the total number of employees to be observed in the last few years. The Ministry intends to replace the limit of the renewals of a job contract concluded with an employee (currently the second renewal of the contract results in the conclusion of a permanent job contract) with another restriction: the total duration of such contracts should not exceed 33 months. The problem of an excessive share of flexible forms of employment has been widely analysed in the literature in recent years. It has become the subject of studies in the area of economy and sociology as well as an issue addressed by labour law experts. The expansion of flexibility has also received criticism from the trade unions, which influenced the mass media discourse - it is enough to mention the popularity of the term 'junk contracts' since 2012. The author attempts to comprehensively analyse the problem of flexible forms of employment, which include such issues as: the reasons for their popularity among employers, the scale of the use of particular forms based on the available statistical data, the construction of protective regulations of domestic labour law in the light of the requirements resulting from the E. U. and the I. L. O. membership, as well as social and economic consequences of the use of flexible forms of employment.

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.

The article deals with resonance, development, and changes in various forms of atheism in the works of Czech, especially Marxist, intellectuals in the second half of the 20th century. Attention is also paid to their influence on public opinion, especially in connection with a rise in negative attitude of a large part of the Czech public towards religion. The study is based primarily on historical and discursive analyses of the works of principal authors from the 1950s to 1989. Among the authors discussed are important figures such as Ivan Sviták, Milan Machovec, and Vítězslav Gardavský.

Youth councils at local government units have existed practically since 1990. However, only since 2001 there has been a legal basis for setting up such bodies. Although this provision remained unchanged, the COVID-19 pandemic significantly reduced the possibilities of youth councils. They had many problems and in many cases no new term of office was appointed for these bodies. As a result, the Parliament dealt with the statutory regulation of the youth council institution and adopted a government bill in 2021 (Dz.U. 2021 poz. 1038). The author tries to investigate the impact of the COVID-19 pandemic on the number of youth councils in operation. In addition, he assesses the most important solutions contained in the applicable law. Finally, the article welcomes the legislative action but notes the incomprehensible decisions. It also draws attention to the sharp decrease in the number of youth councils between March 2020 and September 2021 but notes the upward trend.

The article links the prospect of theoretical research on the culture of the unemployed with the achievements of French sociologist Pierre Bourdieu, including the theory of fields (le champ), which is one of the key categories of his theory. A reflexive analysis of P. Bourdieu's theoretical concepts is helpful to explain the reasons for marginalization and exclusion on the example of long-term unemployment. Theoretical analysis showed that the reasons for marginalization lie not only in the entities subject to marginalization, but also are conditioned by general social changes, the social structure of a given country. Bourdieu's analyses are a good basis for programming public policy, the aim of which is to limit the social and economic effects of permanent unemployment.

Public deliberation mechanisms play an important role in the process of the EU public policy making because they are to compensate the shortage of representative democracy. One of them is social consultation carried out mainly by the European Commission. The paper consists of the analysis of open public consultation role in designing and implementing the EU sector policies. Their growing importance and frequency of use with regard to the economic policy and its kinds is clearly visible. The aims of such consultations are various. They are primarily used as an instrument of legitimacy of decisions taken by the Commission as well as an important source of information about the stakeholders' opinions and stance. The case of social consultations concerning the transatlantic agreement TTIP is analysed here in detail due to the significance of social mass protests which used to occur and owing to the imp

This article is a comparative analysis of the legal nature and the rights and obligations of parties concluding property insurance contracts under the provisions of the Maritime Code and the Civil Code. When navigating a ship, the shipowner conducts a business commonly referred to as the operation of a ship, which includes, inter alia, its use for business purposes. The shipowner business is therefore an economic activity and the owner is the entrepreneur who runs his business which s/he is liable for. It is his/her broad interest to insure permanent assets of his/her company against damage as well as his/her civil liability. As the text indicates, s/he is treated by the legislature more severely than a person conducting a standard property insurance. In addition, the legal nature of the policy, due to the requirements of maritime traffic, differs from that from the Civil Code. The purpose of this study is to identify the key differences between the two regulations.

When analyzing the importance of Maghreb in Spain's foreign policy, attention should be paid to its geostrategic location, between Europe and Africa. This gives priority to southern Mediterranean countries. The historical experiences and socio-cultural pluralism (the clash of Christian and Muslim civilizations) are also important. The mutual economic relations deserve attention. Spain's relations with the Maghreb are often seen only through the prism of relations with Morocco. They can be described as so-called relación obcesiva. For decades, bilateral relations focused primarily on issues such as immigration, Spanish possessions in North Africa, and the issue of Western Sahara. The main goal for Spain was to stabilize not only Morocco but all of the Maghreb. The strategic importance of the region was due to its geographical proximity, economic and trade potential as well as cultural influences.

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.

A deposit guarantee scheme is a crucial element of the financial safety network, which is currently undergoing a major reform in the European Union due to the process of the creation of the banking union. Therefore, it is important to present a variety of the possible target models, their adequacy in relation to the objectives set in the reform as well as to analyse the conditions which contributed to the choice of the one that is being implemented. What also needs to be addressed is the issue of the proposed model along with its potential to eliminate systemic dysfunctions, involving those addressed by the EU legislator as well as the moral hazard inherently present in the mere concept of a deposit guarantee scheme.

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 aim of the article is to present the role of non-governmental organizations (NGOs) in the process of migrant integration in Poland. To achieve this goal, a case study of Łomża and actions taken by a local NGO towards migrants are analyzed. The article was written on the basis of desk research and field research, in which the technique of individual in-depth interviews conducted with the representatives of local authorities and non-governmental organizations was used. The analysis of the NGOs' activities towards the migrants in Łomża showed that these are typical activities taken by NGOs. However, the fact that these actions have taken place in a medium-sized city make it unique, different from the activities taking place in other large cities.