scholarly journals Potential invalidity of the decision of a public administrative body as a result of the conviction of a person performing a function

2019 ◽  
pp. 159-168
Author(s):  
Piotr Szulc
Keyword(s):  
Employment Relationship ◽  
Government Employees ◽  
Government Employee ◽  
Legal Situation ◽  
Legal Position ◽  
Administrative Body ◽  
Polish Law

The article presents the reflections on the potential invalidity of an administrative decision of a public administrative body as a result of the conviction of a person performing a function for an offence under Polish law. Firstly, the author analyses the legal situation of a person convicted for an offence under the Election Code (Kodeks wyborczy), the Act on Self-Government Employees (Ustawa o pracownikach samorządowych) and the Labour Code (Kodeks pracy). He examines in detail the discrepancies between the three legislative acts which may influence the legal position of a convicted person. The conclusion is that a person with the final and valid judgment for intentional offence prosecuted by public indictment to a fine or to penalty of imprisonment retains a passive electoral right in the elections for the mayor, however it seems that under the Act on Self-Government Employees it will not be possible to establish an employment relationship with such a person to work in the capacity of a self-government employee based on election. Secondly, the author analyses the potential invalidity of administrative decisions issued by a person convicted for an offence. The two conditions that could be taken into account as grounds for declaring the invalidity of an administrative decision in the context of the conviction are: a lack of jurisdiction of the authority as a condition of declaring the invalidity of a decision and a gross breach of law as a condition of declaring invalidity of a decision. The analysis of the selected conditions leads to a conclusion that there are no grounds for declaring the invalidity of a decision, as the regulations on jurisdiction will not be breached and the decision will not be issued in gross breach of law. Therefore, even if one were to consider that under the Act on Self-Government Employees a given person cannot be a self-government em­ployee, it seems that this does not prevent the issuance of administrative decisions.

scholarly journals Legal Status of Minor Testator’s Parents Deprived of Parental Authority in Intestate Succession. Some Remarks on the Solutions in Polish, Russian, and Italian Law

2021 ◽  
Vol 47 (4) ◽  
pp. 107-134
Author(s):  
Hanna Witczak
Keyword(s):  
Legal Status ◽  
Parental Authority ◽  
Legal Systems ◽  
Family Ties ◽  
Italian Law ◽  
Parental Obligations ◽  
Legal Situation ◽  
Polish Law ◽  
The Right ◽  
A Minor

The legal situation of minor testator’s parents in intestate succession poses a significant legal and social problem. In Polish law, parents who have been deprived of parental authority continue to enjoy their civil-law status; in other words, they maintain the right to inherit from their child under statute. Meanwhile, the reasons for which the court applied the strictest possible “sanction” in the form of deprivation of authority of parents who, in exercising their rights under parental authority, seriously violated the child’s interest or grossly neglected parental obligations, which is noticeable even to an ordinary bystander, seem to be sufficient “proof” that family ties, which are decisive for the statutory title to inherit, do not exist. If these ties are severed or seriously disrupted, the consequences should be seen in all areas of life. Simply put, persons who deliberately break apart the family should not enjoy the advantages that the law provides for testator’s closest relatives. In such a case, to consider the effect of deprivation of parental authority by “releasing” its holders from any obligation towards the child may not be considered a sufficient civil sanction, especially given that in the vast majority of cases, the reason for such deprivation is gross neglect of parental duties by one or both parents. The consequences of this type of negligence should also, if not primarily, consist in the deprivation of pecuniary benefits that the parents of a minor could enjoy after his or her death. The current legal solutions governing this area undoubtedly need to be revised. Such imperfect normative solutions adopted in Polish law prove the need to propose de lege ferenda recommendations. In this context, it is worthwhile to have a look at the normative solutions adopted in foreign legal systems and whether they can be grafted on Polish law. The reference to the Russian and Italian legal systems seems particularly recommendable due to the fact that their normative solutions directly allude to the institution of deprivation of parental authority in the context of admissibility of the title to inherit.

scholarly journals Individuals in a pluralist world: The implications of counterterrorist sanctions

2013 ◽  
Vol 2 (2) ◽  
pp. 218-236
Author(s):  
CHRISTINA ECKES
Keyword(s):  
European Union ◽  
Security Council ◽  
Popular Sovereignty ◽  
European Union Law ◽  
Legal Situation ◽  
Domestic Courts ◽  
Un Security Council ◽  
Legal Position

AbstractCounterterrorist sanctions against individuals are a prime example of pluralism. Multiple claims of constitutional authority (in resolutions of the UN Security Council, under European Union law, and national law) assume to govern the same legal situation. Choosing between these different authorities has great implications for the legal situation of individuals. This paper analyses the legal position of individuals facing this plurality of claims of constitutional authority and how their rights are largely dependent on the choices of domestic courts. Attention will be given not only to procedural and judicial rights but also to the broader implications of individual sanctions as an example of pluralism. What does it mean for popular sovereignty? Do patterns or guidelines emerge of how courts should address multiple claims of authority? The paper takes into account the latest amendments of the UN sanctioning procedure (Resolutions 1988 and 1989 (2011)).

scholarly journals Exploring the Existence of Innovative Work Behavior among Government Employee: Have Been There?

2021 ◽  
Vol 36 (3) ◽  
pp. 272-282
Author(s):  
Dediek Tri Kurniawan ◽  
Yesiana Ihda Kusnayain ◽  
Fatwah Inna Aulisaina ◽  
Muhamad Arif Rahman Hakim
Keyword(s):  
Organizational Justice ◽  
Work Engagement ◽  
Structural Equation ◽  
Work Behavior ◽  
Equation Modeling ◽  
Government Employees ◽  
Government Employee ◽  
Innovative Work Behavior ◽  
Innovative Work

Introduction/Main Objectives: This study aims to determine the existence of innovative work behavior ecosystems for Indonesia’s government employees Background problems: The quality of individual employees partially determines the quality of the organization. The abilities of the different employees who work in the same system will undoubtedly deliver the government employee and possibly produce results which are less than were expected. Novelty: The previous studies have examined innovative work behavior, focusing on the external factors and ignoring the internal factors of individual traits. This study focused on investigating the interrelationship among the factors that will be affected by innovative behavior, especially in government employees in Indonesia. Methods: This study examines the relationship among these variables using structural equation modeling (SEM) with LISREL 8.8 as the statistical tool. Finding/Result: This study found that transforma­tional leadership and work engagement positively influence innovative work behavior. Unexpectedly, this research indicates an insignificant relationship between organizational justice and innovative work behavior among government employees. Besides, this study also found that transformational leadership and organizational justice have an impact on work engagement. Conclusion: These findings provide managerial implications about the need to strengthen employees’ innovative work behavior to ensure the organization’s continuity. Additionally, the results prove that innovative work behavior by government employees is supported by government’s role such as the style of leadership and work engagement.

KONTROLA OŚRODKA POMOCY SPOŁECZNEJ PRZEZ KOMISJĘ REWIZYJNĄ RADY GMINY

2018 ◽  
Vol 18 (2) ◽  
pp. 21-30
Author(s):  
Jarosław Dobkowski
Keyword(s):  
Local Government ◽  
Social Welfare ◽  
Social Workers ◽  
Social Assistance ◽  
Personal Data ◽  
Significant Problem ◽  
Legal Basis ◽  
Government Employees ◽  
The Social ◽  
Legal Position

The paper deals with the issue of control of the municipal social welfare center performed bythe commune council revision commission. The proper considerations were preceded by remarksregarding the principles of organization and functioning of the local government administrationin the commune. Against this background, the legal position of the social welfare center, itsmanager, self-government employees, including social workers was characterized. The legal natureof the revision committee was also referred to and the legal basis for its operation was presented.The rights of the revision committee to the social assistance center were discussed, and the principlesand course of the control made by it were approximated. Attention was paid to the diversityof control items. In particular, a significant problem of protection of personal data of the managerand employees of the center during the control was pointed out.

scholarly journals The Normative Structure of the State of Epidemic under Polish Law

2021 ◽  
Vol 14 (2) ◽  
Author(s):  
Leszek Bosek
Keyword(s):  
Infectious Diseases ◽  
Preventive Measures ◽  
The State ◽  
Health Consequences ◽  
Public Authorities ◽  
Normative Structure ◽  
Legal Situation ◽  
Emergency Measure ◽  
The Republic ◽  
Polish Law

This article analyses normative structure of a key anti-epidemic emergency measure under Polish law – a State of Epidemic. It is defined as a legal situation introduced in a given area in connection with an epidemic in order to undertake anti-epidemic and preventive measures specified in the Act of 5 December 2008 on preventing and combating infections and infectious diseases to minimize the effects of the epidemic. The Act and this complex measure is authorised by Article 68(4) of the Constitution of the Republic of Poland of 2 April 1997. It requires public authorities to “combat epidemic illnesses and prevents the negative health consequences of degradation of the environment“. The purpose of this article is also to explain why Poland reacted to the SARS-CoV-2 crisis declaring the nationwide State of Epidemic on 20 March 2020 and not by other extraordinary measures.

scholarly journals Stosunek administracyjnoprawny w niemieckiej doktrynie prawa publicznego

2020 ◽  
pp. 27-47
Author(s):  
Paweł Sancewicz
Keyword(s):  
German Literature ◽  
German Law ◽  
Administrative Law ◽  
Public Law ◽  
Legal Relationship ◽  
Legal Situation ◽  
Vital Component ◽  
Legal Forms ◽  
Polish Law

The notion of the administrative-legal relationship is the basis of the dogmatics of Polish administrative law. Over the years, the doctrinal framework of this concept has been established by the doctrine of public law. At the same time, an extremely fruitful dogmatics discussion about this concept both in German law and practice has taken place. Therefore, the article attempts to present discoveries of the German doctrine of public law in this area. The review of the German literature conducted in the article shows that, despite some disputes, the German authors currently believe that the administrative-legal relationship is a useful tool for the analysis of rights and obligations in comprehensive legal relations, as well as cooperative frameworks. Contemporary German scholars, who do not distinguish the concept of a legal situation, unlike in Poland, believe that as part of the modernization processes in administration, the concept of the administrative-legal relationship can be used to solve complex legal issues.The above-mentioned discoveries made by German scholars could act as significant inspiration for the Polish doctrine of public law, especially in the context of the draft to introduce an administrative agreement into Polish law. Of particular importance here is the fact that in Germany there is a different system of the legal forms of administration activity, of which an administrative agreement is a vital component. It is indicated in the paper that Polish scholars see the possibility of describing complex legal constructions by the notion of the administrative-legal relationship in the simultaneous or complementary use of the concept of the administrative-legal situation. One should consider whether the same or better effects cannot be achieved much more easily, namely by modifying the understanding in the doctrine of the notion of administrative-legal relationship, more appropriate to the analysis of cooperative frameworks in administration.

scholarly journals Pozycja ustrojowa notariusza na gruncie pierwszego polskiego Prawa o notariacie z dnia 27 października 1933 r. Część druga

2021 ◽  
Vol 30 (4) ◽  
pp. 573
Author(s):  
Tomasz Woś
Keyword(s):  
Legal Protection ◽  
The State ◽  
Wide Range ◽  
Close Relationship ◽  
Professional Self ◽  
Legal Position ◽  
The Law ◽  
Special Rules ◽  
Polish Law ◽  
Dualistic Approach

<p>The article addresses the notary’s systemic position under the first Polish Law on Notaries of 27 October 1933. The analysis of the position of the notary carried out in part one of this article pointed to serious difficulties in the precise defining of this position, both among the scholars in the field and the judicature. To precisely define the systemic position of the notary, part two has provided an analysis of the provisions of the Law on Notaries regarding the professional self-government of notaries, supervision over notaries and their activities, disciplinary liability and compensatory liability of the notary, and the rules of preparation for the profession of notary. The analysis of the Law on Notaries of 1933 presented in the first and second part of this article, leads to the conclusion that the notary’s position included in its legal position a combination of features of a public officer and a liberal profession. The legislature, using in Article 1 the term “public functionary”, and not “state official”, and giving notaries in Article 23 of the Law on Notaries the legal protection enjoyed by state officials, wanted to clearly emphasize the existing differences between them while at the same time underlining their close relationship to the state. The adoption of such a definition made it possible to grant notaries a wide range of powers. At the same time, it provided the basis to establish a professional self-government and entrust its bodies with significant powers in the area of disciplinary jurisdiction. The dualistic approach to the position of the notary was also reflected in the separate rules of training for the profession and in the special rules of notary’s liability for damages. The state, by entrusting notaries with activities related to non-contentious judiciary, secured for itself an exclusive influence on the staffing of notary positions and covered the system of notaries by a strict supervision exercised by the Minister of Justice. The discussion presented in the article leads to a conclusion that the legislature approached the position of a notary in the Law on Notaries of 1933 in a special way, creating a combination of official and professional elements, which can be called a public function. In terms of the political and administrative system, regardless of the definition itself, the notary in practice performed the function of a person of public trust.</p>

A Natural Person’s Capacity to Act in Law: An Overview of Polish Law

2020 ◽  
Vol 66 (2) ◽  
pp. 260-276
Author(s):  
Marcin Sepełowski
Keyword(s):  
Limited Capacity ◽  
Capacity To Act ◽  
Legal Situation ◽  
Different Types ◽  
Full Capacity ◽  
Age Limits ◽  
Polish Law ◽  
Definition Of

The article presents the issue of capacity to act under Polish law and discusses the essence and definition of a natural person’s capacity to act in law. Whereas the article focuses on the different types of capacity to act (no capacity, limited and full capacity and the corresponding conditions, particular emphasis is placed on the legal situation of persons with limited capacity in order to evaluate the age limits of limited capacity in Polish law.

The Inter-Relationship between Administrative Law and Labour Law: Public Sector Employment Perspectives from South Africa

2017 ◽  
Vol 30 (2) ◽  
pp. 319-346
Author(s):  
Marius Olivier ◽  
Avinash Govindjee
Keyword(s):  
South Africa ◽  
Public Sector ◽  
Administrative Law ◽  
Employment Relationship ◽  
Labour Law ◽  
The Public ◽  
Administrative Action ◽  
Public Sector Employment ◽  
Public Sector Employees ◽  
Legal Position

The legal position of public sector employees who challenge employment decisions taken by the state or organs of state in its/their capacity as employer in South Africa has long been problematic. Even though at least four judgments by the Constitutional Court of South Africa have considered whether employment-related decisions in the public sector domain do or could amount to administrative action and whether administrative law and/or labour law should be applicable for purposes of dispute resolution, legal uncertainty remains the order of the day due to a combination of factors. The authors assess whether (and to what extent) the rich South African administrative-law jurisprudence remains of importance in relation to the public employment relationship, bearing in mind the applicable legal considerations, including the inter-relatedness, interdependence and indivisibility of the range of applicable fundamental constitutional rights. Considering the debate in other jurisdictions on this issue, the authors develop a paradigm for situating different employment-related disputes as matters to be decided on labour and/or administrative-law principles in South Africa. This requires an appreciation, to the extent relevant, of the unique nature public sector employment relationships and a detailed investigation of the applicable legal sources and precise parameters of the cases already decided in the country. The position of employees deliberately excluded from the scope of labour legislation is analysed, for example, as is the legal position of high-ranking public sector employees. The outcome of the investigation is important for determining the legal principles to be applied in cases involving public sector employees in their employment relationship, and for purposes of determining the question of jurisdiction. Recent cases, for example where the courts have permitted the state, as employer, to review its own disciplinary decision (via a state-appointed chairperson of a disciplinary hearing) on the basis that this amounts to administrative action which is reviewable, are also examined in the light of the uncertainty regarding the precise nature and scope of the review.

Sign in / Sign up

Export Citation Format

Share Document