scholarly journals Selected Issues of Animal Protection in the Light of the Judicial Decisions of the Supreme Administrative Court

2021 ◽  
Vol 30 (3) ◽  
pp. 195-206
Author(s):  
Jerzy Stelmasiak

The article analyses and assesses the line of judicial decisions of the Supreme Administrative Court regarding a temporary seizure of an animal from its owner or guardian following a breach of the obligation to treat it humanely. The article also analyses the legal status that social organisations, the statutory aim of which is the protection of animals, has in administrative proceedings. Next, the author presents the characteristics of resolutions of municipal councils on the municipal programme of care for homeless animals and prevention of animal homelessness, which in the court judicial decisions are classified as local legal enactment. Finally, the article presents the line of judicial decisions concerning the relation between a resolution introducing a by-law on maintaining cleanliness and order in a municipality and the requirements of animal protection set out in the Act of 21 August 1997 on the protection of animals.

2020 ◽  
Vol 2 ◽  
pp. 69-80
Author(s):  
Emilia Kudasik-Gil

The article focuses on the issue of the legal status of a non-profit organization, whose statutory purpose is to protect animals in the administrative proceedings under Art. 7 (3) of the Polish Animal Protection Act, which is the subject of discrepancy of interpretations in the jurisprudence of administrative courts. The institution of temporary collection of an animal regulated in Art. 7 (3) of the Polish Animal Protection Act is of fundamental importance for humanitarian protection of animals in Poland. In theory it consists of taking away the mistreated animal from its owner and subsequent confirmation of that fact through the administrative decision issued by the executive body of the municipality. The study deals with the problem of its legal interest in the proceedings and, as a consequence, it analyses its position as a party or entity as a party in the proceedings. Determining the status of a non-profit organization in proceedings is crucial for resolving another problem raised in the article, namely the mode in which proceeding under Art. 7 (3) of the Polish Animal Protection Act is being initiated.


2018 ◽  
Vol 18 ◽  
pp. 194-202
Author(s):  
O. P. Uhrovetskyi ◽  
O. O. Sviderskyi

The authors allocate in administrative proceedings in cases of administrative offenses among other participants to a forensic expert who takes a special place in this process and give a description of legal status of forensic expert in cases on administrative offenses taking into account the peculiarities of expert involving stage in administrative proceedings. The authors emphasize that at various stages of administrative proceedings a forensic expert performs one function: performing examination. At the central stage of administrative proceedings, namely consideration of the case on an administrative offense and adoption of the resolution therein by authorized authority to consider an administrative offense. If there is a need to use of special knowledge, forensic examination is assigned and opportunity is provided to expert to exercise procedural rights and obligations and submit examination conclusion as a result of expert research. Decision on forensic examination assignment in cases of administrative offenses in the jurisdiction is usually performed in resolutions of the authorized authority (official) that is in charge of proceedings administrative offense. Expert conclusion is an independent means of proof in administrative proceedings. Structure complexity of expert conclusion as a procedural document lies in the fact that it derives from the structure of a special forensic research, since it reflects its features. Expert conclusion is subject to investigation and verification by the court and actual data contained therein are judged by general rules, since they are actual data about certain circumstances of objective reality. It is concluded that participation of expert in proceedings on administrative offenses at the present stage is as fully possible realized at the second central stage of proceedings in consideration of case on administrative offense.


2013 ◽  
Vol 62 (4) ◽  
Author(s):  
Carlo Casini ◽  
Marina Casini

Dopo vivacissisimi dibattiti e diverse decisioni giudiziarie, il Parlamento irlandese ha approvato nel luglio 2013 la legge sull’aborto Protection of Life During Pregnancy Act (2013) che però non ha fatto cessare le discussioni né sopito le inquietudini. Il contributo, supportato da un’ampia documentazione, si muove contemporaneamente su tre piani: vengono esaminati i profili giuridici (costituzionali, referendari, legislativi e giurisprudenziali) della storia dell’aborto in Irlanda, evidenziando gli aspetti che rendono peculiare la vicenda irlandese rispetto a quella degli altri Paesi europei; affronta la questione dello statuto giuridico dell’embrione umano nell’ordinamento irlandese sia nell’ambito dell’aborto, sia in quello della fecondazione artificiale (diffusa nella prassi e legittimata dalla giurisprudenza); offre interpretazioni e prospettive concrete per tutelare la vita umana sin dal momento della fecondazione in un contesto che, invece, tende a sottrarre la protezione nei primi 14 giorni di vita dell’embrione umano. One of us, l’iniziativa dei cittadini europei, promossa sulla base del Trattato di Lisbona, si presenta come una straordinaria occasione per svolgere un ruolo di contenimento delle possibili derive negative della legge recentemente approvata e per mantenere nella società la consapevolezza che la dignità umana è uguale per tutti gli esseri umani, così tutti, sin dal concepimento, sono titolari del diritto alla vita. I cittadini irlandesi potrebbero confermare con la vastità delle adesioni a “Uno di noi” la stessa volontà manifestata nei referendum del 1983, del 1997 e del 2002: “lo Stato riconosce il diritto alla vita del bambino che deve nascere”. ---------- After several lively debates and judicial decisions, the Irish parliament passed a law on abortion in July 2013 Protection of Life During Pregnancy Act (2013) which, however, has not put an end to the discussion or calmed anxieties. The contribution, supported by extensive documentation, moves simultaneously on three levels: 1. examining the legal aspects (constitutional, referendums, legislation and judicial decisions) of abortion’s history in Ireland highlighting those that make that history unique compared to other European countries; 2. dealing with the question of the legal status of the human embryo into the Irish legal system regarding both abortion, and artificial insemination (widely practiced and legitimized by law); 3. offers interpretations and concrete prospects for protecting human life from the moment of fertilization in a context which, however, tends to deprive human life of protection in the first 14 days of life. One of us, the European citizens’ initiative, promoted on the basis of the Treaty of Lisbon, is presented as an extraordinary opportunity to play a role in limiting the possible negative tendencies of the law recently passed and to maintain awareness in society that human dignity is the same for all human beings. So everyone, from conception, is entitled to the right to life. In particular, One of us gives Irish citizens the great chance to confirm the same desire expressed in the referenda of 1983, 1992 and 2002 – “The State acknowledges the right to life of the unborn child” – by signing in great numbers the “One of Us” citizen’s initiative.


2021 ◽  
Vol I (I) ◽  
pp. 109-133
Author(s):  
Anna Dalkowska ◽  
Karol Rzęsiewicz

Jurisprudence of administrative courts on various aspects of real property law is extensive and multi- faceted. The main bulk of cases concerns real properties which are subject to the reprivatisation process that, in the absence of final solutions to re-privatisation predicaments and the multi-faceted effects of the Decree of 26 October 1945 on the Ownership and Use of Land Within the Boundaries of the Capital City of Warszawa, hereinafter referred to as the “Warsaw Decree” (promulgated in the official journal “Dziennik Ustaw” of 21 November 1945, No 50, item 279), which remains in force for over seventy years, are often the subject of judicial review of administrative decisions. Administrative court rulings play a significant role in real property cases and set the directions for future decisions by public administration bodies. The analysis of judicial rulings in real property cases will be limited to selected problems, which, given differing interpretations, are the cause of discrepancies in judicial decisions in administrative courts. This paper, which is the first part of the study, covers jurisprudence on the premise of death of a party during administrative proceedings, which has an impact on the potential invalidity of a decision and its ex tunc effects as well as the status of a party in real property proceedings.


1988 ◽  
Vol 52 (3) ◽  
pp. 75-83 ◽  
Author(s):  
Dale F. Duhan ◽  
Mary Jane Sheffet

The authors describe how and why gray marketing occurs in the context of legal and illegal (shadow) marketing activities. The regulatory and judicial decisions relating to gray marketing activities are reviewed and the implications of an upcoming Supreme Court ruling on gray marketing are discussed. Finally, some suggestions are offered to trademark owners who face gray market competition.


2019 ◽  
pp. 253-263
Author(s):  
Agnieszka Rotkiewicz-Szarnowska

The main purpose of the article is to present the administrative proceedings concerning the temporary taking the animal from the owner or the keeper of the animal. The author notices that the institution of the temporary taking an animal raised great interest in literature and judicial decisions of the administrative courts. The legislator decided that the competent authority may take an animal from the owner or the keeper of an animal because of the inhumane treatment of this animal. Such decision is provisional because in the long term, the criminal court should take the fnal decision in the criminal proceedings. The author shares the opinion that this institution aims to ensure the effective protection from the inhumane treatment of animals, taking account of their specifc needs. The considerations concerning the temporary taking an animal lead to the conclusion that the administrative body should obey the principles on the effective investigation and documentation of cruel and inhumane treatment of animals.


2015 ◽  
pp. 91-136
Author(s):  
Dorota Krekora-Zając

The article is concerning analysis of legal status of human biological samples used in research purposes. Historical evolution of human body status, possible use of human biological samples and legal status of human biological samples under the European Community, Polish, Italian Law has been described in the article, as well as regulation in the Common Law countries. In author’s opinion the human biological samples should be recognized as a res for the legal purposes. Aforementioned approach provides the best protection of interests of both donors and biobanks. Paper contains conclusions de lege lata and de lege ferenda, including proposals of future legislation regarding biobanks and potential influence of foreign courts judicial decisions in this area on Polish legal practice.


Author(s):  
Michał Janowski

Polish legal regulations protecting animals are inconsistent. The Act of 21 August 1997 on Animal Protection and the Act of 15 January 2015 on the Protection of Animals Used for Scientific or Educational Purposes accord protection to different categories of animals. These regulations should be harmonized due to the underlying values. In addition, the current model of animal protection in Poland requires consideration. Polish regulations protecting animals have not been preceded by a reflection on the special features of some groups of animals. In particular, Polish law does not take account of the fact that some animals have higher cognitive functions, including non-linguistic ability to recognize themselves – awareness of self. The article characterizes the phenomenon of animal self-awareness, which should be relevant in discussions on the legal status of some animals.


2019 ◽  
pp. 71-91
Author(s):  
Jędrzej Bujny ◽  
Tymoteusz Mądry

The article touches upon the controversies around the defi nition of a forest contained in the provision of Article 3 of the Act of 28 September 1991 on forests, present in the doctrine as well as in judicial decisions in administrative law. The interpretation of the above provision is analysed and the views presented in the doctrine and the judicial rulings, which sometimes include contradicting arguments, are examined. In the fi rst part of the article individual elements of the defi nition of a forest have been identifi ed and the diffi culties with their interpretation that have led to the emergence of a vast number of judicial decisions and rulings delivered by administrative courts as well as the Supreme Court have been presented. The second part contains deliberations on the importance of the data included in the land and buildings register and their potential use for the classifi cation of land as a forest on the grounds of concrete administrative proceedings, including these on tax matters. In this context the normative value of the provisions of the Act of 17 May 1989: Geodetic and Cartographic Law and individual tax laws making these data binding and applicable has been examined as well. Also this latter issue generates frequently diverging opinions expressed by administrative courts. The last part of the paper contains de lege lata and de lege ferenda postulates intended to reconcile the presented controversies connected with the classifi cation of individual land as forest. The authors hope that implementation of these postulates will contribute to the unifi cation of the judiciary opinions regarding the concept of a forest and consequently will help to eliminate the existing doubts.


2021 ◽  
Vol 2 (XXI) ◽  
pp. 65-79
Author(s):  
Przemysław Kuczkowski

The paper presents the issue of the municipal program of care for and prevention of homeless animals set out in Article 11a of the Act of 21 August 1997 on animal protection in the context of the possibility of ascribing to it the features of a local law act. The issue of correct qualification of the municipal program of care for homeless animals and prevention of homelessness and the realization of statutory norms authorizing to issue this act by the local legislator is an extremely important issue due to possible legal consequences in the form of invalidation of a resolution of a local government body with ex tunc effect. The author of the article focused in the first part on the characteristics of such a form of local government action as the act of local law, considering its characteristics on the basis of the provisions of law, doctrine and judicature. In the second part the author assessed the municipal program of care for homeless animals and prevention of homelessness through the prism of features characterizing the act of local law. The aim of the paper was to review and discuss essential features of the local law acts and to qualify the communal programme of care for homeless animals and homelessness prevention as the local law act against the background of the court decisions.


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