Suchergebnisse

The author analyses the design and imposition of the bank levy that came into effect on the 1st of February 2016 both from the economic and legal perspective. The author portrays its origin as well as the main solutions. The risks connected with their implementation involving the capacity to collect the tax are outlined. The author also presents the development of the design of taxation of the banking sector in Poland in the past dozen or more years. The author conducts a comparative analysis of the various tax designs that prove effective in many E.U. Member States. This allows to show the similarities and tell the differences between the various state-specific designs and the ones adopted in Poland. The paper is also concerned with the consequences that the bank levy might bring about in Poland. The author postulates that the analysis of its design flaws makes it possible to evade taxation. The author puts forward alternative concepts, which would make the provisions of the law more precise. The bank levy applicable in Poland has also been subject to an in-depth analysis in the context of tax avoidance.

The first part of the article is dedicated to the classic approach to security in three areas: the security of the individual, the state and on the international stage. Then the author conducts an analysis of the interdisciplinary approach to security. He characterised the behavioural as well as sociological and economic theories. The author analyses the government policies pertaining to internal security in the last fifteen years. He explained the legal and constitutional rules of the government administration in Poland and then characterised the system of institutions responsible for security within the country involving a critical analysis of internal security policy, i.a. its effectiveness and efficiency. The author formulates the thesis which holds that within the last fifteen years the governments have failed to design an effective policy of internal security, so far. The postulated concepts and governmental proposals have been designed as temporary measures and under political pressure without much consideration for systemic solutions. The policy of internal security lacks the systemic approach deriving from the theory of organisation.

In recent years the euro area has been characterised by a very low rate of economic growth (in some years there was even a real reduction in the volume of production). This has launched a debate among economists about the instruments to be applied in public policy to bolster the economy. In this article the author analysed the possible effects of fiscal and monetary policy on economic growth when economic stagnation in the euro area is accompanied by a high level of public debt as a percentage of GDP and a very low level of the interest rates set by the central bank as well as market interest rates. On the basis of economic theory the author considers whether expansionary fiscal policy will contribute to the growth of real output, or merely enlarge the public debt and increase the risk of sovereign debt default and currency crisis. The author also introduced the concept of quantitative easing as an instrument of expansionary monetary policy.

The author describes and summarises the main theories relating to the specificity of the European Union structure as an internally complex organism which is being characterised by scientists as an international organisation as well as a confederation and a federation. Many researchers compare the process of the European Union formation to the nation-state formation, others compare the E.U. to the United States of America and many more indicate that the E.U. structure with its specific multi-level governance looks like a neo-medieval empire. What we can see in this empire is a network of overlapping systems of powers and areas of loyalty. The author points out that structurally the E.U. can be visualised as a model of multilevel governance and as such can be defined as a sui generis political system. So it is not analogous to the nation state but rather to a system of governance without a formal governing body. This notion is the result of a growing level of interdependence one can see in the international arena. In the second part of article, the author addresses the sovereignty issues which relate to the E.U. member states as well as the E.U. as a separate body. He reviews the theories which variously explain the process of European integration and its influence on internal policies within member states.

Sphere of values and related to them determinants of policy making constitute current issues in the social sciences. The author presents good practices in terms of partnerships among actors in the process of creation, implementation and evaluation of public policy, emphasizing their axiological foundations. This is primarily applicable in the knowledge sector which is an area particularly sensitive on the institutional ground because of great aspirations of the creators engaged. The article explains the concept of the knowledge sector using a group of related terms such as knowledge society, information society, knowledge-based economy, knowledge management and formulates a number of recommendations for development of this sector. The author presents the institutional structure of the knowledge sector in functional terms with emphasis on the demand of their greater integration in the pro-development activities. Subsequently, there is a presentation of constitutional norms, based on which the social dialogue and partnership are suggested as fundamental principles in the knowledge sector. The author examines the mission of the state emphasizing the importance of its role as a guarantor of these values and rules. Finally, the article presents the instruments of public policy towards the knowledge sector focusing on the importance of the principles and best practices in cooperation between public policy makers and their social partners – the creators of knowledge.

The author argues that the clerical mobility - related to the career paths of civil servants - is closely connected not only to politics understood as the struggle for power (leading political science point of view) but also to public policy. Against this background, he analyzes the occupational mobility of public officials, taking into account the processes of public administration politicization and professionalization. I search for the interrelations between this phenomena, civil service systems (career and position based) and governance models (Weberian bureaucracy, new public management, governance / good governance). He defines the type of the influence of mobility on the civil servants' professionalism and state agility. For this purpose, the author also examines the typical advantages and disadvantages of clerical mobility as well as the influence the politicians exert on it.

The author analyses the socio-cultural determinants which influence the internal structure of collective action. It is determined by: the ability to fulfill contracts, the predictability of behaviour and showing trust to others. The author goes on to describe the factors that limit them as a result of the specificity of social relations in the Polish society, which 82 Janusz Hryniewicz Studia z Polityki Publicznej are dominated by the network of micro-groups and it means that only within them - not within the wider society - one can see social relations, in which contracts tend to be fulfilled and trust guaranteed. At the same time, the author indicates that the Polish society's capacity for collective action seems to be limited as a result of the fact that the Cartesian culture has not been fully adopted. There are many ramifications of that including a lower potential to analyse the goals of collective actions and making them more rational. In the Cartesian type of societies, their members are more favourably inclined to act together. They are more favourably adapted towards democracy, collective action and one can see a higher level of self-organisation, a wider range of personal freedom, as well as the setting up of associations. There is no need to impose top-down directives and top-down coordination when collective action must be taken.

The author presents three selected types of situations depicting the participation of persons with disabilities, their caregivers and supporting non-governmental organisations, in designing and monitoring the public policy towards disability in Poland. The first type of situations concerns supporting inclusive education. The second type concerns the support system for the caregivers of the persons with disabilities, while the last one refers to the alternative report prepared by NGOs, dealing with Poland's implementation of the U. N. Convention on the Rights of Persons with Disabilities. In each of these cases, the author examines the reasons behind the decision to participate, the process, and the final results of participation. The results show that - although the NGOs of the persons with disabilities have the possibility to participate in the discussion on disability policy - their influence on that policy is insignificant and limited to exceptional situations.

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 author analyses the factors that weaken the influence of the principles of meritocracy on the institutions and public policy. He indicates that a meritocratic approach to governance in the programming of public actions has become a resource for obtaining legitimacy of power in Poland to a limited extent. The advantages of meritocracy (the "efficiency" and "justice") have not been exploited on a significant scale. As a result, there is a significant illegitimacy of the democratic system, as well as the weakening of the society identification with the state. This phenomenon is characterized by low prestige of politicians and a poor voter turnout. The author draws attention to the fact that meritocratic management mechanisms of public institutions in Poland are significantly reduced due to numerous factors - the appropriation of the state by political parties, institutional nomadism of the elite, the rules of political capitalism, a soft state and the institutionalization of non-responsibility or activities of various interest groups and backstage actors of politics.

The author addresses the social participation issue in the context of its significance to public policy in Poland. He examines the barriers limiting the expansion of participation. He notices them in the way a democracy functions ("failed democracy" according to Democracy Index), as well as in the way the dialogue has been organised (for example, two separate currents have been established - i.e. the social one and the civic one, which is quite unusual by Western European standards). He regards the politicians' perception of what a democracy is as a next barrier. As a result of that one can see lower standards of public sphere in place, antiquated public governance still in place, the underdevelopment of the legal framework for social dialogue and the low quality of policy-making. The author also describes the most important social phenomena relating to the functioning of the social and civic dialogue mechanisms. He analyses the sources of the current condition of the dialogue in terms of historical, structural as well as political factors.

The author analyses the selected aspects of capitalism in the countries of Central Europe. The author presents the various theoretical concepts that refer to the issue in question involving the concept coined by L. King and I. Szelenyi, which holds that the systemic changes in the countries of this region are specifically characterised by the perspective of 'from without' capitalism. They believe that the specificity of the capitalist system lies in the fact that in the key times of the post-communist changes of the political system, the issue of the absence of an important class of private owners was not addressed. In the West private proprietors were the ones that constituted the main driving force of an open-market economy. The article presents the advantages and drawbacks of an economic model formed by the dominant share of foreign capital, with an emphasis placed on the consequences of the issue in question on the limitations of the subjectivity of economic policy of a state as well as the development chances of local businesses. It manifests the fears that the model created in Poland (and in other countries of the region) after the year 1989 sets the role model for local enterprises of corporate subcontractors of mainly traditional or niche products and services.

The author claims that the development of the discipline of policy analysis and the professionalization of state activities in policymaking (from public education, public administration or political activities) takes the high quality policy studies. The policy analysis craft has plays many public role. Generally, its main task is to achieve the maximum of rational judgments relating to the key components in policymaking. It helps to diagnose the policy problems which affect the society and must be resolved, including capturing their dynamics before the damages are done. It supports as well the agenda setting which is to reflect the hierarchy of public problems. It helps to crystallize the evidence base which are to prove the effectiveness of policy intervention which has been planned. The author describes the historical circumstances in Poland shaping the cultural bias in policy analysis. He points to some public life practices which limit the inclination for analyzing policies or affect their quality. At the same time he emphasizes the significance of the professional policy analysis to make sure the decision making process is effective. It enables to detect many sorts of risks hidden on the stage of policy formulation and policy implementation. The public administration, political class, and many analytical institutions like think tanks have troubles in policy analysis.

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?).

Since 2009 the new management system of development has been in operation in Poland. Strategic planning and the programming of development are of special importance in this system. The article aims to characterise the main strategic documents in the new management system of development in Poland with a particular attention paid to the strategic areas and priorities of development. The author put forward the hypothesis indicating that a new management system of development seems to be hierarchical in nature and strategic documents are mutually coherent and interconnected. Moreover, a development policy has been designed as a regionally and thematically concentrated one.