Suchergebnisse

The aim of the paper is to present ramifi cations in the field of family law, inheritance law and tax law which arise from the lack of recognition of registered partnerships and same-sex marriages in certain European Union Member States, such as Poland. The lack of recognition is commonly perceived as discrimination on grounds of sexual orientation, but the emphasis is usually placed on its consequences concerning human rights. In this article, the author focused on discriminatory aspects in the area of family life and personal taxation. A lack of appropriate provisions in domestic law produces negative effects affecting taxation obligations for cross-border families that concluded their marriages or partnerships abroad but cannot benefi t from these institutions in certain EU Member States such as Poland. For the purpose of determining discriminatory aspects, the author analysed the domestic rules differentiating couples living in a marriage and couples not possessing the right to marry. Due to lack of case-law on tax and inheritance discrimination resulting from sexual orientation, relevant case-law of the Court of Justice of the European Union have been recalled, revealing possible violations of fundamental
freedoms, including free movement of persons.

The aim of the article is to present the development of biometric technology as a consequence of 9/11 terrorist attacks in the USA and issuing the PATRIOT ACT in 2001. Nowadays biometric technology is popular not only in the public security area (e.g. criminal data bases, face recognition surveillance systems) but is also used in everyday life (e.g. smartphones with touch ID/face recognition). The article shows both sides of biometric devices utilization: advantages and potential negative consequences for individuals.

Over the last two decades, family law has undergone changes in Western Europe, widening the definition of marriage to include same-sex couples. In addition, some East European countries offer a legal recognition of civil unions of same-sex couples, while others do not offer any legal recognition at all. This diversity in family law has been recently challenged by developments at the European level. It is argued here that this constitutes an adaptational pressure on those European Union (EU) member states that do not offer any or offer only formal recognition of same-sex couples. We examine two cases when member states faced such an adaptational pressure, namely Estonia and Latvia, focusing on the interplay of two types of factors. First is that of formal institutions which, due to their constitutional role or their expertise in the EU law, may act as facilitators of legal changes. On the other hand, there are also political actors which have tried to constrain such an adaptation. We examine here especially the role of two political parties which have made a considerable effort to oppose the change in the two countries. It is argued here that the ideological orientation of these parties explains, at least partly, their opposition to the ongoing Europeanization of family law. The paper concludes with a discussion of the main findings and their implications.

The objectives of the common agricultural policy for the years 2014–2020 changed the concept of creation and functioning of fruit and vegetable producer organizations. The European legislator has abolished the special arrangement, namely the authorization for participation in market mechanisms which was granted to preliminary recognized producer organizations. By adapting the rules to new European principles, Member States introduced changes in the relevant national laws. Procedure of reorganization through imprecisely formulated regulations (especially intertemporal ones) has led to serious doubts concerning interpretation and to discrepancy in the assessment of factual and legal states undertaken by agricultural administration. Adjustment challenges were especially evident in a situation where preliminary recognized producer organizations have unlawfully achieved their status, have not complied with recognition and cannot acquire the status of a recognized producer organization. According to parties involved, the consequences of a change in organizations' legal status and financial aspects arising therefrom, remain disputable. ; Założenia Wspólnej Polityki Rolnej na lata 2014–2020 dokonały zmiany koncepcji tworzenia i funkcjonowania organizacji producentów rolnych na rynku owoców i warzyw. Ustawodawca europejski zniósł rozwiązanie szczególne, jakim było zezwolenie na uczestniczenie w mechanizmach rynkowych udzielane wstępnie uznanym grupom producentów. Państwa członkowskie, dostosowując unormowania do nowych reguł europejskich, dokonały zmian w odpowiednich przepisach krajowych. Procedura reorganizacji wskutek nieprecyzyjnie sformułowanych przepisów, zwłaszcza przepisów intertemporalnych krajowych regulacji, spowodowała poważne wątpliwości interpretacyjne oraz rozbieżności w ocenie stanów faktycznych i prawnych, dokonywanej przez organy administracji rolnej. Z wyjątkową ostrością problemy dostosowawcze ujawniły się w sytuacji, w której wstępnie uznane grupy uzyskały swój status niezgodnie z prawem, nie spełniły warunków uznania i nie mogą uzyskać statusu uznanej organizacji producentów. W ocenie zainteresowanych stron sporne są skutki zmiany statusu prawnego grup oraz wynikające stąd konsekwencje finansowe.

The aim of the study was, among others, to diagnose the degree of acceptance and recognition of the concept of flexicurity by employees and employers from the Podlaskie region, as well as an indication of the desired directions of activities aimed toward the development of such a combination of flexibility and security, which would lead to increasing the efficiency and effectiveness of the regional labor market.

The withdrawal of the United Kingdom from the European Union is one of the main challenges for the continued functioning of the European judicial area in criminal matters. In this article, special attention will be paid to selected aspects of ensuring further judicial cooperation in criminal matters after Brexit. This primarily concerns the possibility of further participation of the United Kingdom in specific organs supporting this cooperation (Eurojust and Europol) and the the application of legal instruments implementing the principle of mutual recognition of judgments, with reference to the flagship legal instrument, i.e. the European arrest warrant. It also presents a unique position of the United Kingdom in the Area of Freedom Security and Justice EU, which that state is guaranteed under the provisions of Treaties.

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 paper emphasizes the contemporary relevance of civility, understood as a respectful way of treating the other and recognition of people's differences and sensibilities. It outlines the sociological importance of civility as being connected with its role as both a normative guidance orienting us towards prescriptive ideals and as an empirical concept with important social impact on identities and actions. The paper examines Adam Smith's theory which roots civility in a commercial society, analyses Elias's (1994) history of civility as the folding of the logic of the civilizing process, and it debates theories linking the idea of civility to civil society. In conclusion, emphases are put on the importance of civility, seen as the act of respectful engaging with people across deep divisions, for the quality of democracy.

The article aims to discuss the relationship between social policy and public policy and to identify its most important elements. Social policy is linked historically on the one hand with the economy and on the other - with sociology and political sciences. Theory of public policy exposes the role of public administration in achieving its objectives and allows for wider recognition of the tasks by linking them with other specialties. This makes it possible to achieve in practice synergistic effects of actions taken, and at the theoretical level - a more comprehensive assessment of the analyzed problems. The history of social policy in Poland, especially of the Institute of Social Economy shows that such a broad approach to social policy has been characteristic also in the past.

Polish society gathers features specific to "late modernity" period. In this period grows up the meaning of organizational forms, flow of information, trust to other people and complicated technical systems, uncertainty, taking a risk as well as progressive economic, political and cultural globalization. One of threats and challenges is the process of population ageing. The article attempt to recognition of specific safety problems of old men's in Białystok. Safety is treated as necessary condition for far more researches on practical solutions connected with the professional activity of seniors and growth of their social participation. Assurance of seniors safety can lead to lowering costs of their maintenance as well as the formation of positive attitudes towards old age and cultural openness. The work brings closer connections between safety and social capital topics as well as chosen empirical analyses.

Serbia inherited Yugoslavia's tendency to pursue its foreign policy in terms of "multi-vector" policy and balancing between the West and the East to achieve its own political goals and maintain the attention of other countries. Despite the desire to join the European Union, as officially declared by the state authorities, Serbia also strives to maintain a "strategic partnership" with Russia. This paper presents Russia's interests in the policy towards Serbia in the economic sphere over the years, starting from 1999. It points to the complexity of Serbian-Russian economic relations and their relationship with political issues. Russia, as a permanent member of the UN Security Council, can significantly affect Serbia's internal and foreign policy, making it dependent on guarding Serbia's sovereignty and territorial integrity and through the lack of recognition of Kosovo's independence by pursuing its own interests, manifested by an increasing Russian presence in the energy sector.

Corruption is linked to the issue of clientelism. This fact establishes a wide understanding of its phenomenon. This wide context and understanding of corruption is simplified by the recognition of the patron-client system that accompanies corruption or is even identified with it. Clientelism may be of a personal or mass character, and it consists of a mutual provision of services, without the need of laying out funds to achieve a common goal. The socio-economic transformation, being a profound and thorough reform of the system and institutions, promotes corruption practices (the process of transfer of resources from public to private sector progressed swiftly). Corruption provides means for maintaining and developing the client networks. Patron-client relations are of secondary nature in some societies; in other societies they substantially influence the shape of the political and economic system, as well as the social structure. Such relations may transgress the borders between classes

Belorussian military cooperation with Russia causes the partial isolation of Lukashenko's land from the West-European environment. The possibility of Belorussian membership in NATO has been curbed, up to the moment of close cooperation with the eastern ally. Only becoming independent from Russia could contribute to the rapid rapprochement between Belarus and West-European organizations and could hammer out a regular cooperation. Russian authorities are exploiting the military activities while achieving goals of foreign policy. In this way the plans during the energetic conflicts with Belarus and deployment of missile defense elements in Poland and Czech were accomplished. The exploitation of the military policy by Russia is perceived as a bargaining card which is used for achieving main national aims. Mr Lukashenko, with the help of bilateral cooperation may stay in power, which is mostly grounded on the recognition from the army. Mutual cooperation in the area of defense is very close, however, the president of Belarus is constantly refusing Russian authorities, who take the initiative to incorporate Belarusian country as one of the provinces, in order to maintain the external sovereignty of this country. ; Belorussian military cooperation with Russia causes the partial isolation of Lukashenko's land from the West-European environment. The possibility of Belorussian membership in NATO has been curbed, up to the moment of close cooperation with the eastern ally. Only becoming independent from Russia could contribute to the rapid rapprochement between Belarus and West-European organizations and could hammer out a regular cooperation. Russian authorities are exploiting the military activities while achieving goals of foreign policy. In this way the plans during the energetic conflicts with Belarus and deployment of missile defense elements in Poland and Czech were accomplished. The exploitation of the military policy by Russia is perceived as a bargaining card which is used for achieving main national aims. Mr Lukashenko, with the help of bilateral cooperation may stay in power, which is mostly grounded on the recognition from the army. Mutual cooperation in the area of defense is very close, however, the president of Belarus is constantly refusing Russian authorities, who take the initiative to incorporate Belarusian country as one of the provinces, in order to maintain the external sovereignty of this country.

The aim of this paper is to present the theoretical basis of public diplomacy and the characteristics of methods and areas of cross-border cooperation conducted by local governments in Podlaskie Voivodship. Report, in particular, draws attention to the civic and local government dimension of Polish foreign policy. Undertaken analysis was targeted to recognition of existing practices in this area, as well as to identify conclusions and recommendations for further development of decentralized foreign policy.
This report first discusses the basic theoretical concepts related to citizenship and local government cross-border cooperation. Attention was drawn to priorities of Polish decentralized foreign policy and sectoral diversification of cross-border cooperation actors in the Podlaskie Voivodship. Next the existing and planned cross-border cooperation initiatives present in the public programs and strategies of local governments and districts were discussed. Later in the report an attempt to summarize the areas and methods of cooperation were undertaken as well as some main conclusions and recommendations were pointed out.

The article describes numerous forms of actions of public administration authorities, characteristic of the execution of requirements stemming from Directive (EU) 2016/1148 of the European Parliament and the Council of 6 July 2016 concerning measures for a high common level of security of network and information systems across the Union. In particular, it addresses the issues, such as: identifying operators of essential services, dealing with computer security incidents, control activities, restitutive measures and punitive measures. It has been demonstrated that, as regards cybersecurity, from the perspective of the requirements of effective implementation of the NIS Directive and good governance assumptions, it is appropriate to adopt hybrid forms of actions of administration authorities, based both on classic sovereign forms of actions of administration authorities (administrative decisions issued in cases regarding the recognition of an operator of an essential service, in cases concerning administrative pecuniary sanctions), as well as on other forms of actions (related to the exchange of information, issuance of recommendations, use of notices or providing technical support).