scholarly journals Instytucja mediacji jako „żywy przepis”, a nie „martwy zapis” – jak wypracować dogodną płaszczyznę pomiędzy teorią i praktyką?

Author(s):  
Ewelina Knapczyk

The subject of this paper is the institution of mediation, with a special emphasis on the formulation of postulates addressed to the Polish legislative, governmental institutions, local authorities, corporation of advocates, non-governmental organisations, and establishments of higher education. The Author outlines the general construction of mediation and the mechanisms of its functioning, the impact of the European Union on its Member States in the context of that institution, and touches upon the practical application of mediation in Poland, concluding that once the postulates enumerated in the paper have been addressed and realized, this will grossly reduce the piling number of unresolved disputes, and consequently will minimize the cost arising from the ever- -growing numbers of litigation and legal dispute.

2021 ◽  
Vol 562 (1) ◽  
pp. 18-23
Author(s):  
Władysław Bogdan Sztyber

The article presents the impact of the level of education of employees on their income in various terms. One of them is a study based on the OECD data from 2004–2005, which shows the differentiation of incomes of employees with different levels of education on the basis of the relative differentiation between them, assuming the income level of employees with upper secondary education as 100 and referring to it respectively the income level of employees with higher education and the level of income of employees with lower secondary education. The article then presents a more elaborate study of the impact of the level of education of employees on their incomes in the European Union, included in the Report “The European Higher Education Area in 2015”. This survey shows the impact of the education level of employees on the median of their gross annual income in the European Union and in the individual Member States. The article also compares the income differentiation depending on the level of education, based on the OECD data for 2004–2005, with the results of surveys on European Union Member States in 2010 and 2013.


2021 ◽  
pp. 39-45
Author(s):  
Z. A. Kapelyuk ◽  
Y. V. Popova

The article analyzes the experience of tariff regulation of the cost of passenger railway transportation services in the European Union and the Russian Federation. The features of tariff regulation are disclosed and eleven countries are classified according to the main categories. Tariff policy for transport services is used to ensure the consistency of economic interests of consumers and is a problematic segment for all types of transport. The article deals with tariff regulation of the cost of services provided by the railway infrastructure. Comparison of domestic and foreign experience in pricing of transport services for further development of Russian Railways is carried out. The setting of tariffs and available discounts, as well as benefits for the purchase of tickets for trains in the countries of the European Union and Russia are considered. The indexation of tariffs for transportation services of Russian Railways depending on the period of the trip and the comfort of the car is analyzed. Conclusions on the impact of mobile tariffs on economic efficiency, as well as the need to improve the tariff policy in the Russian Federation by involving foreign transport companies in implementation.


2019 ◽  
Vol 55 (3) ◽  
pp. 230-249
Author(s):  
Andrzej Żurawski

Abstract This article explores Bruno Amable’s Diversity of Capitalism approach to analyze educational systems in the European Union (EU28). The main goal is to identify the main clusters of educational systems with regard to their institutional characteristics. Second goal of the analysis is to evaluate the impact of several EU policies and initiatives on the institutional structure of European educational systems. This article identified six clusters in terms of general education and five clusters in terms of higher education systems. The clustering shows, that – with some exceptions (notably the United Kingdom and Ireland) – European education systems have similar structure to other institutional areas, in particular, it confirms the existence of post-communist (in terms of Farkas) or patchwork (in terms of Rapacki et al.) capitalism. The article shows, as well, that subsystem of higher education is much less diverse, what may have a significance for future discussions on the capitalisms in the EU. Results suggests also that there exist significant differences in performance between the clusters, something that may have a crucial importance for an educational policy.


2019 ◽  
Vol 21 (2) ◽  
pp. 147-169
Author(s):  
Zachary Allen Roy Phillips

Abstract The article utilises the Vienna Convention on the Law of Treaties (VCLT) rules of interpretation to determine the meaning of ‘direct effect’ within the Revised Treaty of Basseterre (RTB). The RTB is the constituent treaty of the Organisation of Eastern Caribbean States (OECS). Despite the RTB having been in force since 2011 there has not been a single contentious case regarding the interpretation of the RTB. While the RTB and the OECS gained some inspiration from the European Union (EU), the Commonwealth Caribbean adheres to the dualist doctrine in the practical relationship between international and domestic law. As such, the meaning of ‘direct effect’ has been the subject of controversy. Therefore, this article shall discern the meaning of ‘direct effect’ within the RTB, including delineating possible practical application. The evaluation shall reveal that the definition is the same, however, due to the Caribbean context the application differs in slight ways.


Author(s):  
Dorota Dakowska

Whether higher education (HE) can be defined as a European Union (EU) policy has been matter of debate. Formally, education is still a domestic prerogative, and in principle, the EU can only support and supplement national governments’ initiatives in the sector. Yet, this official division of tasks has been challenged in many ways over the last decades. First, the history of European integration shows that the European community took an early interest in educational matters. The Treaty of Rome established a community competency on vocational training. Subsequently, the European Commission framed HE and vocational training as two entangled policies. Second, the EU institutions, the member states, and noninstitutional actors have coordinated in innovative ways, through soft governance processes promoted by the Bologna Process and the EU Lisbon—and later Europe 2020—strategy, to impose a European HE governance based on standards and comparison. Third, the study of HE requires going beyond an EU-centric perspective, with international organizations such as the OECD and the Council of Europe cooperating closely with the European Commission. HE has been increasingly shaped by global trends, such as the increased competition between universities. The mechanisms of European HE policy change have elicited academic debates. Three main explanations have been put forward: the power of instruments and standards, the impact of the Commission’s funding schemes, and the influence of interconnected experts, stakeholders and networks. Domestic translations of European recommendations are highly diverse and reveal a gap between formal adaptations and local practices. Twenty years after the Bologna declaration, the European Higher Education Area (EHEA) presents a mixed picture. On the one hand, increased mobility and the growing interconnectedness of academic schemes facilitate the launch of ambitious projects such as the “European universities.” On the other hand, concerns are periodically raised about the growing bureaucratization of the process and the widening gap between the small world of the Brussels stakeholders and everyday academic practices in EHEA participant countries. Paradoxically, smaller and non-EU countries have been more actively involved in advancing the EHEA than large, older EU member states.


Author(s):  
Tomáš Foltýnek ◽  
Irene Glendinning

Exploring policies and systems for assuring academic integrity and deterring plagiarism in different higher education institutions was the subject of a three-year project funded by the European Union (EU). The research for Impact of Policies for Plagiarism in Higher Education Across Europe (IPPHEAE), completed in November 2013, was conducted by teams at five higher education institutions from UK, Poland, Lithuania, Cyprus and Czech Republic. The research included an EU-wide survey of higher education institutions across 27 EU member states. Separate reports were prepared for the countries surveyed, each containing details of findings and recommendations for what could and should be done to improve academic quality and integrity at national, institutional and individual levels. An EU-wide comparative study provided an assessment of the maturity of policies and processes for academic integrity in each country, based on the data collected and the research conducted for each national report.This paper presents selected comparisons of results from the research, especially looking at evidence for maturity of policies, consistency of approach, examples of good practice and highlighting where serious effort is needed to strengthen current policies and practices.


2012 ◽  
Vol 3 (1) ◽  
pp. 73-88
Author(s):  
Marek Popielas

This paper aims to present the level of harmonization of investment services in relation to the European investment funds’ market. The author, in an attempt to systematize different types of investment services in Europe, refers to the European Freedoms and presents the key reasons for the harmonization of investment services. An important part of the study is to present the role of investment funds in the financial sector, as well as the crucial benefits of participation in the funds. By using the method of analysis of the sources, the author makes a review of the European regulations on investment funds, both the law and the recommendations of regulators. From the perspective of recent legislation changes the study highlights their possible implications, especially for less developed countries of the European Union. Complementing the current picture of harmonization the author, by referring to the substantial transformation of the common market of the European Union in 2004, makes review of dynamics of this sector, based on basic statistics. What is worth paying attention in this context is that there is still a slight share of the newly acceding countries. Verification of accuracy of the author’s observations may become the subject of wider discussion on the harmonization of financial services in this area, taking into account time necessary to assess the impact of European regulations currently being implemented.


2018 ◽  
Vol 11 (2) ◽  
pp. 103-127
Author(s):  
Peter Pisár ◽  
Martin Varga

Abstract The European Union gives universities an important place to participate in research and development in the country. The basic research and teaching process of higher education institutions is gradually becoming more and more scientific, and the importance of science and research is growing. Th e growing importance of R&D for universities also increases the importance of public support in this area. Slovakia was eligible for support from the structural funds by joining the EU. In the period 2007 - 2013, universities have had the highest increase in science and research spending due to the use of these resources. However, it is a question of the extent to which this form of public support has contributed to the field of research and development of higher education institutions and whether there has been a real increase in their research and development activities. We examine the effectiveness of the support granted to public universities from the European Union Structural Funds on the basis of measurable indicators of granted projects and the impact of outputs on their scientific research potential in the regions of Slovakia. The results of the analysis highlighted the high level of public support for university infrastructure projects at the expense of support with a focus on intellectual property creation and patents. The discussion is focused on whether the funds allocated in this way were effective in relation to the objectives of the Operational Program Research and Development 2007 - 2013 and thus contributed to an increase of scientific and research potential at higher education institutions in the regions in Slovakia.


Author(s):  
N. Yu. Ilyin ◽  
A. A. Borodina

INTRODUCTION. The article deals with one of the principles of the usage of ionizing radiation in medicine – the principle of justification. The authors study the content and the legal consolidation of the principle of justification in the Standards of the IAEA, Russia and the European Union law. The particular attention is paid to the practical application of the principle.MATERIALS AND METHODS. The subject matter for the study wеre the regulations and standards of the IAEA, legislation of Russia and the EU concerning the usage of ionizing radiation in medicine; proceedings materials of the International conference on radiation protection in medicine (2017); scientific publications of the researchers from Russia and the EU dealing with the standards of the IAEA. The methodology of the study is based on the general and specific methods of cognition.RESEARCH RESULTS. As a result of the conducted research the authors come to the conclusion about the need to add the current legislation concerning the principle of justification, and offer a list of specific recommendations in order to get the problem over.DISCUSSION ANDCONCLUSIONS. The authors come to the conclusion that there are some problems in the international and national law dealing with the principle of justification. In order to solve the problems and correct a legal deficiency the authors offer the specific measures including taking into account the meaning of law enforcement practice for the subjects of national law and order: medical workers and patients.


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