Skład redakcji tomu 4 za rok 2015:
Agnieszka Chabowska-Litka (Warszawa)
Rafał Dmowski (Siedlce)
Joanna Felczak (Radom)
Sebastian Kwiecień (Lublin)
Mariusz Maciejewski (Warszawa)
Piotr Mikołajczyk (Łódź)
Ewelina Mitręga (Lublin)
Małgorzata Szreniawska (Lublin)
Marian Szołucha (Warszawa)
Katarzyna Walkowiak (Poznań)
Agnieszka Żywicka (Lublin)
Zbigniew Adamowicz (nauki o polityce, polityka lokalna)
Sławomir Chomoncik (samorząd zawodowy)
Antoni Chuchla (administracja publiczna, prawo administracyjne, samorząd terytorialny)
Wojciech Chudzik (historia gospodarcza)
Anna Dąbrowska (administracja międzynarodowa, prawo międzynarodowe publiczne)
Tomasz Dąbrowski (spółdzielczość)
Piotr Janus (samorząd gospodarczy)
Martyna Jurzyk (oświata, związki zawodowe)
Krzysztof Księski (historia doktryn politycznych i prawnych, organizacje pozarządowe)
Sylwia Szajc (socjologia, sieci innowacji)
Piotr Szreniawski (nauka o administracji)
Paweł Marek Woroniecki (prawo finansowe i gospodarcze)
Zastępca redaktora naczelnego:
Cały tom do pobrania bezpłatnie:
Pojedyncze artykuły w pełnych wersjach do pobrania bezpłatnie:
Local Government as a Tool to Ensure the Effectiveness of the Freedom to Assembly
The article describes the Polish law regarding the freedom of assembly, mainly from the context of normative changes provoked by the 2014 judgement of the Constitutional Tribunal and recent happenings in the public sphere. To some extent the constitutional freedom to assembly and the general principles of its limitation are defined. Mainly, however, it is described from the perspective of detailed competences of the municipal government. These should ensure the effective usage of the freedom to assembly, but are likely to disrupt it as well.
Keywords: local government, freedom to assembly
Jakub Michał Biłas
Judicial Supervission of Administrative Discretion
The administrative authorities through powers
contained in the legislation are entitled to self-select the solutions of legal situation, it is institution called the discretionary decision. This entitlement is an exception to the general principle of administrative law: rule of binding upon
issuing a decision. The article describes the control of this type of action by the judicial authorities, in particular the object and the limits of this control. Also text raised the issue of
those elements of discretionary decisions that are usually critically reviewed by the judiciary.
Keywords: administrative discretion, judicial supervision of administration, free discretion
Leading Foreign Policy Authorities od the Swiss Confederation
The article is devoted to the presentation of the organisation and operation of the Swiss authorities of the Member State carrying out foreign policy. Discusses the constitutional basis of conducting foreign policy by the Federal Parliament, the Federal Government (with particular reference to the Department of Foreign Affairs) and the tasks of the Swiss diplomatic missions. In addition, it shows the objectives, policies and maxim of modern foreign policy of the Swiss Confederation.
Keywords: Swiss Confederation, foreign policy
Legal Position of the District Council of the Labor Market (Formerly the Employment Council) After the Amendment of the Act on Employment Promotion and Labor Market Institutions
The article presents the legal position of the institutions of the district council of the labor market - its competence, organization and functioning, with particular emphasis on the changes resulting from the amendment of the Act on employment promotion and labor market institutions in March 2014.
Keywords: council of the labor market, local self-government, unemployment
Gdynia and Central Industrial District – Flagship Economic Projects of the Second Polish Republic
The goal of this article is to present two biggest investment projects in the IInd Republic of Poland: the port and city of Gdynia and the Central Industrial Ring. This article aims to present their authorship, verify theire meaning to the economy of the Second Republic, the level on which the state identified itself with those projects, and to analyze their common connections when their competitivness and functional ties are concerned.
Keywords: Central Industrial District, economic history, economic policy, Gdynia, history of industry, maritime affairs, trade history
The Labour Court in Lublin 1929–1939: Preliminary Research and Examples of Case Files
The Labour Court in Lublin was established in 1929. It operated until the outbreak of World War II and resumed its work after 1944. Documents of this Court have not aroused interest of historians, despite being an important source of knowledge about the labour law of the Second Polish Republic. The Court records are kept in the State Archive in Lublin and comprise over 2000 files in total. After a preliminary analysis of the selected units, it can be claimed that: the proceedings before the Labour Court were quick and highly deformalized, judgements frequently did not give legal basis, and the proceedings were initiated by a labour inspector, an aggrieved employee or an employer. The Court did not always apply procedural regulations correctly. Lawsuits were brought to the Court at the motion of employers convicted by a labour inspector in a penal decision issued in the penal and administrative procedure. The Court usually acquitted the employer, reduced a fine or dismissed the case due to amnesty.
Keywords: labour law of the Second Polish Republic, Labour Court in Lublin
Legislative Initiative by Citizens
In this following article is the approximate issue of civic legislative initiative. The work presents the legal basis of the discussed institution, entities which she is entitled. Have also been analyzed its limitations, the formal requirements of civic project, procedure has also been presented to submitted of civic project.
Keywords: citizens' initiative, civic project
EU Funds in Poland 2014–2020: Introduction
The article is the introduction to the most important issues related to EU funds for Poland. Author presents crucial documents showing the goals set by European Commission. Those goals affect the rules of preparation and implementation of operational programmes. Each operational programme realizes European cohesion policy and has been described using four criteria: the objectives of the programme, exemplary projects, entities that can apply EU funding and the amount of money planned for the programme. The article presents all centrally managed internal national programmes and the features of regional operational programmes. In addition it describes the institutional structure of the management of EU funds in Poland as well as explains the differences between various regional programmes.
Keywords: European Union funds, European cohesion policy
Requirements Member of the Civil Service Corps
The subject of the article are: Requirements member of the civil service corps. These requirements are described in the law about the civil service. These conditions are in article 4, 40 and 41 law about the civil service.
Keywords: civil service, civil service corps, requirements member
Converting a Worker Cooperative into a Commercial Law Company
The article deals with a conversion of a worker cooperative into a commercial law company. The procedure of the conversion, introduced by the Act Limiting Administrative Barriers for Citizens and Businessesfrom 2011 to the Cooperative Law from 1982, is characterised. The most important stages of conversion are shown. Furthermore legal effects of rights and obligations of the conversed company are highlighted.
Keywords: commercial law company, conversion, worker cooperative
Business Activity Ban by the head of the Basic Administration Unit, According to the Jurisdiction
The article presents the problem of the business activity ban by the head of the basic administration unit, according to the jurisdiction of polish courts. The article contains historical and legal basics which regulate this issue. Work is also completed by examples by judicial decision.
Keywords: local government
Angelika Koman, Piotr Kobylski
„Janosikowe” – a Study of the Problem on the Example of the Mazovian Voivodeship
Today the institution of regional part of the general subsidy, contrary to its name, there is a subsidy within the meaning of Art. 167 paragraph. 2 of the Constitution. It is not specifically mentioned in the Constitution of a correctional institution-equalizing, whose essence lies in the obligation to deposit some provinces and the entitlement to payments to other provinces. “Janosik”, which was intended to equalize led to a significant budget deficit the provincial government of Mazovia. It was the only unit in Poland local governments, which for the past decade has been a net contributor “janosikowego”, in to the state budget paid more than you receive back. For 11 years it was almost 6 billion zł. Mazovia in 2014. had to pay 646 million zł. In 2013, it paid nearly 660 million – the equivalent of 48 percent of the tax revenue of the province.
The authors submitted the development plan to prove that it is erroneous entries in normative act was the cause of the situation in the local government of Mazowieckie, which they regard as quite absurd. With this in mind it is clear that with such a form of government subsidization of Mazowieckie operates dysfunctional.
Keywords: European Charter of Local Self-Government, janosikowe, local government, Mazovian Voivodeship, subsidy
Katarzyna Kraska, Adam Orliński
The Subject of the Development Contract
The crucial next subject is the subject of a development contract, in a dwelling and detached house. The article presents the definition of a dwelling with a share in the common property (its genesis, legal structure and algorithm of calculation). Also described the notion of a detached house along with the problems of building them on land and the right of perpetual usufruct building.
Keywords: promotion contract, dwelling, property development law
New Regulations in the Scope of the Public Collections in Poland in 2014
The area has been regulated public collections in a new way in 2014 thanks to the entry into force of the Act on the principles of public collections. So far, the area was governed by the restrictive law of 1933, which did not meet the requirements of modern civilization. The article presents a new regulation, which liberalizes principles of public collections, and discusses the elements that have changed, comparing it with the previous regulation. It also contains evaluative elements expressed by the author in relation to the new regulation.
Keywords: non-govermental organisations, public benefit, public collections, third sector
Procedural Side of Social Control Exercised by the Institutions of Complaints and Requests
Social control is one of the forms of external control of the administration. The purpose of this control is a comprehensive examination of the functioning of public administration primarily for legality, but also the usefulness and effectiveness of its tasks. A manifestation of social control is the ability to file complaints and requests. This right is guaranteed to everyone in the Constitution. The way of the proceedings on complaints and requests is regulated by the Code of Administrative Proceedings. Range of application of these regulations is broader than general administrative proceedings. Also, there is a wide range of the complaints and requests, which includes both actual and legal actions. The purpose of this article is the presentation of the institutions of complaints and requests, with a particular focus on the procedural side of filing and processing complaints and requests.
Keywords: complaint, request, social control
Cultural Policy of Municipalities - Peculiarity of Spa Towns
The article shows chosen theoretical problems of cultural policy in communities, exceptionally those that have a health resort status. At the beginning, the text concerns about general causation of leading cultural policy by the smallest local government units. Both constitutional and statutory grounds of communities’ competences in cultural issues were presented. Also, some international law acts and major documents of lower rank were mentioned. Next, the article touches a problem of cultural policy legal grounds in health resort communities. To show their specificity, not only was a present legal status shown, but also an historical aspect of this question. Moreover, the text concerns about some propositions for future legislator.
Keywords: cultural policy, community, health resort community
Social Participation of the Youth in Reference to Youth City Councils – Part I
The aim of this essay is to present the topic of young people participation, strictly their engagement in the activity in favour of common good in the national and self- governmental sphere. To meet the requirement of efficiency such participation must fulfill certain conditions- from one side the society must possess skills required to co-decide about public sphere and feel the bond with the citizens. On the other hand it obliges the States authorities to enable the citizens and inhabitants the creation of the legally recognized associations which would have the true impact on the public sphere. In the context of the youth the model of participation does not require specific knowledge, but rather engagement- the aim of which is also civil education. This means that the current challenge is to develop a comprehensive plan for appropriate use of existing institutions and to stimulate young people's responsibility for the public sphere.
Keywords: participation, youth
Adam Orliński, Dorota Todys
Authorities of Cooperative Savings and Credit Union
Credit union authorities are: general meeting, supervisory board, management board. A special kind of consultative body is the credit committee. Due to the fact that the issue of organ cash in the Law on Unions - credit dated 5 November 2009 it is included only in a fragmentary way, and according to the law in matters not governed by the provisions of the Cooperative Law, a cooperative bodies had to be provided for the cooperative Law.
Keywords: credit unions, cooperative, co-operative bodies