State Liability for Damage Caused by COVID-19 Restrictions under Polish Law

2021 ◽  
pp. 343-364
Author(s):  
Fryderyk Zoll ◽  
Katarzyna Południak-Gierz ◽  
Wojciech Bańczyk
Keyword(s):  
Polish Law ◽  
State Liability

Organisational aspects of spatial information infrastructure in Poland

2013 ◽  
Vol 62 (1) ◽  
pp. 85-95 ◽  
Author(s):  
Elzbieta Bielecka ◽  
Agnieszka Zwirowicz-Rutkowska
Keyword(s):  
Spatial Information ◽  
Information Infrastructure ◽  
Class Diagram ◽  
Use Case ◽  
Legal Regulations ◽  
Organisational Structure ◽  
Technical Aspects ◽  
Polish Law

Abstract One of the more important elements of spatial information infrastructure is the organisational structure defining the obligations and dependencies between stakeholders that are responsible for the infrastructure. Many SDI practitioners and theoreticians emphasise that its influence on the success or failure of activities undertaken is significantly greater than that of technical aspects. Being aware of the role of the organisational structure in the creating, operating and maintenance of spatial information infrastructure (SII), Polish legislators placed appropriate regulations in the Spatial Information Infrastructure Act, being the transposition of the INSPIRE Directive into Polish Law. The principal spatial information infrastructure stakeholders are discussed in the article and also the scope of cooperation between them. The tasks and relationships between stakeholders are illustrated in UML, in both the use case and the class diagram. Mentioned also are the main problems and obstructions resulting from imprecise legal regulations.

Dyskusja na temat odpowiedzialności odszkodowawczej państwa za szkody wyrządzone przez bezprawne działania urzędników na Kongresie Prawników Niemieckich w Kilonii w 1906 roku

2017 ◽  
Vol 15 (2) ◽  
pp. 131-146
Author(s):  
Andrzej Adamczyk
Keyword(s):  
19Th Century ◽  
Legal Regulations ◽  
Legal Problems ◽  
Legal Questions ◽  
German States ◽  
Illegal Acts ◽  
State Liability ◽  
German Reich ◽  
The 19Th Century ◽  
German Association

One of the most important legal problems discussed in the 19th century by German lawyers was that of state liability due to damages resulting from illegal acts of its officials. An influential forum of exchange of ideas was the German Association of German Jurists which organized all-German congresses to solve legal questions in order to promote German unity. Although the problem of state responsibility was discussed at some of the Association congresses in the 19th century, the most interesting was that held in Kiel in 1905. It was due to the fact that many German states had at that time legal regulations concerning state liability, but they were quite different. That generated many complications, making realization of a legal unity within the German Reich difficult. Two proposals for solving this situation were presented at the Congress in Kiel by Otto von Gierke and Rudolf von Herrnritt. Their ideas constituted bases for the discussion which followed. The paper presents the discussion on the state liability, which took place at the Congress in Kiel.

Is the Infringement of a Treaty a Fault?

2020 ◽  
Vol 11 (1) ◽  
pp. 37-56
Author(s):  
Françoise Auvray
Keyword(s):  
Direct Effect ◽  
Legal System ◽  
Legal Order ◽  
International Treaties ◽  
Public Authorities ◽  
International Treaty ◽  
National Legal System ◽  
Tort System ◽  
State Liability

AbstractThis contribution deals with the wrongful behaviour of public authorities, in this case in particular the Belgian State, and delves into a challenge that the multi-levelled legal order poses for the national tort system. It inquires how the violation of an international treaty relates to liability in the national legal system. More specifically, the author examines if it is necessary, when dealing with state liability, to limit the concept of fault to the infringements of international treaties with direct effect, excluding the violation of those without such effect.

scholarly journals Efficiency and Technological Reliability of Contaminant Removal in Household WWTPs with Activated Sludge

2021 ◽  
Vol 11 (4) ◽  
pp. 1889 ◽  
Author(s):  
Agnieszka Micek ◽  
Krzysztof Jóźwiakowski ◽  
Michał Marzec ◽  
Agnieszka Listosz ◽  
Tadeusz Grabowski
Keyword(s):  
Activated Sludge ◽  
Wastewater Treatment Plants ◽  
Oxygen Demand ◽  
Domestic Wastewater ◽  
Pollutant Removal ◽  
Treated Wastewater ◽  
Contaminant Removal ◽  
Nitrogen And Phosphorus ◽  
Wastewater Samples ◽  
Polish Law

The results of research on the efficiency and technological reliability of domestic wastewater purification in two household wastewater treatment plants (WWTPs) with activated sludge are presented in this paper. The studied facilities were located in the territory of the Roztocze National Park (Poland). The mean wastewater flow rate in the WWTPs was 1.0 and 1.6 m3/day. In 2017–2019, 20 series of analyses were done, and 40 wastewater samples were taken. On the basis of the received results, the efficiency of basic pollutant removal was determined. The technological reliability of the tested facilities was specified using the Weibull method. The average removal efficiencies for the biochemical oxygen demand in 5 days (BOD5) and chemical oxygen demand (COD) were 66–83% and 62–65%, respectively. Much lower effects were obtained for total suspended solids (TSS) and amounted to 17–48%, while the efficiency of total phosphorus (TP) and total nitrogen (TN) removal did not exceed 34%. The analyzed systems were characterized by the reliability of TSS, BOD5, and COD removal at the level of 76–96%. However, the reliability of TN and TP elimination was less than 5%. Thus, in the case of biogenic compounds, the analyzed systems did not guarantee that the quality of treated wastewater would meet the requirements of the Polish law during any period of operation. This disqualifies the discussed technological solution in terms of its wide application in protected areas and near lakes, where the requirements for nitrogen and phosphorus removal are high.

Cognitive Interview

2018 ◽  
Vol 299 ◽  
pp. 91-98
Author(s):  
Maria Witewska ◽  
Keyword(s):  
Law Enforcement ◽  
Common Law ◽  
Cognitive Interview ◽  
Western Countries ◽  
Advantages And Disadvantages ◽  
The Common ◽  
Polish Law ◽  
Judicial Systems

The article aims at presenting the topic of cognitive interview (CI) taking into account its advantages and disadvantages, as well as the usefulness of its application in Polish law enforcement during pre-trial proceedings. Due to the wide application of this method of questioning, mainly in countries with the common law judicial systems, it is worth considering which of the achievements of combined science and practice from Western Countries may be adapted in Poland. Are there any contraindications to conduct interviews by means of this method? If not, the question arises – what benefits it can bring to Polish practice.

Regulacja górnictwa kosmicznego w polskiej ustawie o działalności kosmicznej

2021 ◽  
pp. 171-186
Author(s):  
Mariusz Tomasz Kłoda ◽  
Katarzyna Malinowska ◽  
Bartosz Malinowski ◽  
Małgorzata Polkowska
Keyword(s):  
Polish Space ◽  
Eu Law ◽  
International Space ◽  
National Space ◽  
Space Activity ◽  
Space Law ◽  
The Usa ◽  
Polish Law ◽  
Space Activities ◽  
Do So

Work on the content of the law on space activities has been going in Poland for several years. So far, the drafters have not directly referred to the issue of space mining in the content of the proposed legal act. In this context, it is worth asking whether it is valuable and permissible, in terms of international space law and EU law, to regulate in the future (Polish) law on space activity the matter of prospecting, acquiring and using space resources, i.e. so-called space mining. If space mining were regulated in the Polish space law, Poland would not be the first country to do so. The discussed issues have already been regulated in the national space legislation of the USA, Luxemburg, UAE and Japan. This paper will analyze the issues of space mining as expressed in the current drafts of the Polish space law and foreign space legislation, of space mining as a means of achieving various goals and of the compatibility of space mining with international space law and EU law.

Ograniczenia wolności kultu religijnego w czasie pandemii COVID-19: między konstytucyjnością a efektywnością

2021 ◽  
Vol 3(164) ◽  
pp. 143-165
Author(s):  
Piotr Stanisz
Keyword(s):  
The Other ◽  
Legislative Process ◽  
States Of Emergency ◽  
Broad Concept ◽  
The Future ◽  
The Face ◽  
The Republic ◽  
Polish Law ◽  
Council Of Ministers ◽  
Taking Action

The purpose of the present study is to analyse the restrictions on the freedom of religious worship introduced by the Polish executive authorities in the face of the spreading COVID-19 epidemic. The analysis aims to answer questions not only concerning the conformity of these actions with the Constitution of the Republic of Poland and statutory laws, but also pertaining to the issue of the level of preparation of Polish law for an epidemic. In reference to these questions, the author concludes that the introduction of restrictions on the freedom to manifest religion by acts of worship in the regulations issued by the Minister of Health and the Council of Ministers exceeds the bounds of statutory authorisation and is inconsistent with the Polish Constitution. According to the Constitution of the Republic of Poland, passing a law remains the only admissible way of introducing restrictions on the freedom of manifestation of religion, and there are no exceptions to this rule even in states of emergency. On the other hand, the author also points out that if the effectiveness of combating this kind of epidemic really depends on possibility of introducing the above-mentioned restrictions without a long legislative process, it means that Polish executive authorities have been confronted by the constitutional legislator and the legislature with a choice between being efficient and acting in conformity with the Constitution and statutory laws. Therefore, the article postulates that it is necessary to make deep changes to the current law. Elaborating a broad concept of these changes requires further analysis, and the relevant discussion needs to take into account the experience gained so far in combating the coronavirus epidemic, the importance of freedom of thought, conscience and religion, and the solutions adopted in other countries. A clear and balanced, as well as properly sequenced and democratically justified specification of the rules that should be followed by the executive when introducing restrictions related to the spread of the epidemic, even with regard to such important values as the freedom to manifest religion through acts of worship, is undoubtedly more appropriate than formally ruling out the possibility of taking action that may turn out necessary in the future.

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