scholarly journals Jewish Minority in the Context of Polish Law

2018 ◽  
pp. 76-91
Author(s):  
Victoria Mochalova
Keyword(s):  
Legal System ◽  
Regulatory Role ◽  
Special Rule ◽  
Polish Law ◽  
Rule Making

Prohibitions and regulations in Poland, later Poland-Lithuania played a special rule-making and regulatory role, regulating all possible aspects of coexistence of Jews and non-Jews, including situations of conflict – this is the domain of secular and church legislation, decrees. lawsuits. Jews in Polish lands existed under conditions of a rather complex legal system, they became subject to various legal tendencies, as shown in the article by various examples, but they always respected the laws of the country and tried to follow both the prohibitions and the prescriptions contained therein.

scholarly journals POJĘCIE RYZYKA I JEGO UMIEJSCOWIENIA (LOKALIZACJI) W PRAWIE UBEZPIECZEŃ GOSPODARCZYCH

2017 ◽  
Vol 4 (2) ◽  
pp. 237
Author(s):  
Dariusz Fuchs
Keyword(s):  
Legal System ◽  
Commercial Insurance ◽  
Community Law ◽  
Polish Law

THE NOTION OF RISK AND ITS PLACEMENT IN THE COMMERCIAL INSURANCE LAWSummaryThe article presents the notion of risk in the act on insurance activity, the adoption of which constitues an example of the absorption acquis. It has been noticed that the notional dispersion of risk present in the Polish law is inevitable even if certain connotations may bring about some reservations. A specific example of an implementation of the community law is the concept of placement of risk, which has two main functions in the Polish legal system: it is a connecting factor indicating relevant norms of competence and it serves as legal limitations for the supervisory body within the community freedom of rendering services. A review of the Polish legislation in this respect made the author to formulate remarks de lege ferenda. 

The Danger of So-Called Regulatory ‘Gold-Plating’ in Transposition of EU Law – Lessons from Poland

2017 ◽  
Vol 71 (0) ◽  
pp. 73-90
Author(s):  
Michał Jabłoński
Keyword(s):  
Legal System ◽  
Eu Law ◽  
Interesting Aspect ◽  
Gold Plating ◽  
Member States ◽  
Regulatory Policies ◽  
Domestic Legislation ◽  
Polish Law ◽  
The Cost ◽  
The Eu

Ukraine, just like Poland over thirteen years ago, is on its route to integration with the EU, which would also require a transposition of EU law into the domestic legal system. In fact, the experience of Poland and other Member States shows that transposition of EU law gives rise to several issues. One interesting aspect concerns so-called gold-plating – that is domestic legislation than goes beyond the requirements set forth in EU law. Usually, it results in a greater regulatory burden imposed on entrepreneurs. The paper discusses three examples of such gold-plating regulations in Polish law – being a consequence of implementation of the EU law. Generally speaking, gold-plating is a negative and unwelcome phenomenon. There exists extensive research that shows the cost of gold-plating for the Member States’ economies. Some of the Member States have introduced regulatory policies in order to avoid gold-plating. The analysis shows that there are several actions that need to be performed to restrict the incidence of gold-plating.

Europeanisation of Polish Law Following Poland’s Accession to the European Union

2017 ◽  
Vol 71 (0) ◽  
pp. 61-71
Author(s):  
Robert Grzeszczak
Keyword(s):  
European Union ◽  
Legal System ◽  
The European Union ◽  
National Legal System ◽  
Before And After ◽  
The Government ◽  
Polish Law ◽  
Two Stages ◽  
The Relationship ◽  
The Eu

The article concerns primarily the effects of the membership of the European Union on national (Polish) law and, to a limited extent, on the political system of a state. The conclusions presented in the article are of universal value. Although the article deals with Polish affairs, the principles, tendencies and consequences identified are typical of the relationship state – the EU, both before and after accession, regardless of the state concerned. It should be, however, noted that the path to membership and the membership itself are different in each case. The practice of the Polish membership of the European Union, its systemic dimension and the changes in the national legal system (Europeanisation) do not differ significantly than in the case of other Member States. Europeanisation of Polish law, politics, economy, culture and society has been in progress since the 1990s. One can differentiate between two stages of Europeanisation: before and after Poland’s EU accession, each characterised by different conditions. Over time, this process, on the whole, has been undergoing numerous changes but it has never weakened in importance. Poland faces issues such as poor legitimation of integration processes, supremacy of the government over the parliament, passivity of parliamentary committees in controlling the government and EU institutions in the decision making process, as well as dilution of responsibility for decisions taken within the EU. The process of Europeanisation relies mostly on direct application of the standards of EU law in the national legal system, implementation of directives into national law and harmonisation or standardisation of national legal solutions so that they comply with the EU framework. It is also reception of a common, European (Union) axiology.

scholarly journals Minor Victim Representation in Cases of Crimes Committed by Family Members in Polish Law

2020 ◽  
Vol 29 (5) ◽  
pp. 181
Author(s):  
Kamil Łakomy
Keyword(s):  
Legal System ◽  
Family Members ◽  
Criminal Court ◽  
Private Law ◽  
Legal Regulations ◽  
Public And Private ◽  
Polish Law ◽  
A Minor ◽  
Procedural Rights

<p>The study presents the current legal regulations and problems with the implementation of procedural rights of a minor victim in the case of crimes committed by members of his family in the Polish legal system. The presented issue concerns the necessity to apply provisions contained in various acts, both public and private law. The author discusses the most important judgements of Polish jurisprudence in the indicated scope, emphasizing, however, that many aspects of the discussed issues, of a procedural nature, have still not been regulated. The conclusions include <em>de lege ferenda</em> postulates concerning, i.a., the transfer to the criminal court of the competence to appoint a guardian <em>ad litem</em> for disadvantaged minors.</p>

scholarly journals Cyberprzestrzeń w stanach nadzwyczajnych w Polsce - perspektywa porównawcza

Politeja ◽  
2020 ◽  
Vol 17 (4(67)) ◽  
pp. 110-127
Author(s):  
Agnieszka Warchoł
Keyword(s):  
Legal System ◽  
States Of Emergency ◽  
The Republic ◽  
Polish Law

Cyberspace in States of Emergency in PolandThe aim of the article is to present cyberspace in the regulations on states of emergency in the legal system in Poland. The Constitution of the Republic of Poland in Chapter IX regulates the issue of “States of emergency”. Each of these situations is also regulates by separate acts. The article presents these acts and answers the question why “cyberspace” was introducted into the Polish law in these acts. The article is divided into several parts – introduction, information about the amendment act, and finally the discussion of individual acts.

scholarly journals TRZY TRANSFORMACJE W PROCEDURZE CYWILNEJ W POLSCE W XX WIEKU. WZORCE ROZWIĄZAŃ

2016 ◽  
Vol 11 (2) ◽  
pp. 353
Author(s):  
Anna Stawarska-Rippel
Keyword(s):  
World War Ii ◽  
Legal System ◽  
Comparative Method ◽  
Civil Procedure ◽  
Second Republic ◽  
Civil Proceedings ◽  
Rules And Principles ◽  
The Law ◽  
Polish Law ◽  
Polish Code

THREE TRANSFORMATIONS OF CIVIL PROCEEDINGS IN POLAND IN THE 20TH CENTURY. THE LEGAL PATTERNS Summary Poland’s history over the last century was an eventful period of political, state and legal change. There were three transformations of judicial law due to changing political circumstances in twentieth century Poland. The first transformation occurred when independence was gained in 1918. At that point in Poland five different legal system were in force. The decision to temporarily keep the law of the occupying powers until the new Polish legal system was created was taken by the Polish authorities. The work on Polish civil procedure began in November 1919. Using the comparative method all modern legal answers within European civil procedures, which equated with Polish Law, were drafted in the Polish Code of Civil Procedure. The second transformation in Polish judicial law began after  World War II, when Poland found itself under the political influenceof the USSR. Formal maintenance of the law of the Second Republic of Poland was decided on in People’s Poland. The legal system of the interwar Poland, including the Code of Civil Procedure (1930), did not square with the principles of the new state system. Code of Civil Procedure (1930) had been „adapted“ to contemporary governance, plitical and ideological so that it would mirror as much as possible the Soviet model. The new Code of Civil Procedure that was adopted during November 1964 retained its binding force so far. However when the third transformation came about soon after 1989, the existing system of law was revised to eliminate the rules and principles characteristic of the socialist legal system. Amendments of the Code of Civil Procedure (1964) have increased the adversarial aspect of civil proceedings. The possibility of the court to order the investigations  during the civil procedure was eliminated, but the possibility of the court to obtain evidence ex officio was kept which is intended to guarantee the implementation of the principles of truth, in legal sense and not in the ideological sense.

Comparative Civil Procedure

2006 ◽  
pp. 1326-1362 ◽  
Author(s):  
Joachim Zekoll
Keyword(s):  
Legal System ◽  
Civil Procedure ◽  
Access To Justice ◽  
Procedural Law ◽  
Aggregation Techniques ◽  
The Subject ◽  
Rule Making

Procedural law, and civil procedure in particular, was long neglected by comparative scholars. Perceived as painstaking, ministerial, and ultimately boring, the subject was dreaded by students and avoided by professors who had higher aspirations. This article first examines the attempts to categorize and label procedural systems, an impulse that many comparatists should resist. The focus then shifts to procedural harmonization, a term that encompasses a number of topics of increasing importance to proceduralists. After illustrating the dynamics and results of regional and supra-regional harmonization initiatives, the discussion looks at trends towards harmonization through private rule making and at principles that determine the scope of, and limits to, procedural harmonization. The last section addresses the growing concern about access to justice, specifically cost considerations and claim aggregation techniques, which prompt the somewhat related questions of whether and to what extent one legal system can borrow procedural rules from another one.

The Execution of Civil Judgments in China

1995 ◽  
Vol 141 ◽  
pp. 65-81 ◽  
Author(s):  
Donald C. Clarke
Keyword(s):  
Market Economy ◽  
Economic Reform ◽  
Legal System ◽  
Critical Examination ◽  
Legal Literature ◽  
The Masses ◽  
The Relationship ◽  
People's Congress ◽  
Rule Making ◽  
Rules Of The Game

When judgements are not executed, the law is worth nothing. – “The masses”It is a staple of Chinese legal literature that the judgments of Chinese courts in civil and economic cases are plagued by a worryingly low execution rate. This perception should be taken seriously. When the President of the Supreme People's Court devotes significant space to it in his report to the National People's Congress, as did Zheng Tianxiang in 1988 and Ren Jianxin in subsequent reports, clearly something interesting is going on. Yet it would be a mistake to accept all reports at face value. A critical examination of the claims and the evidence can yield a richer picture of reality than has been presented by the literature so far.The issue of whether court judgments can be enforced is important for a number of reasons, among which is its bearing on the relationship between the legal system and the economic system. Laws, courts and court judgments are part of the institutional framework within which economic reform is being carried out in China. Obviously, the rules of the game have to change. But the move from a hierarchically administered economy to a primarily market economy means more than just changing the content of the rules. It implies a whole new way of rule-making and rule-enforcing.This article explores one particular way of making the rules mean something: the enforcement of a court decision that the implementation of a particular rule requires the performance of a particular act - typically, the delivery of money or goods.

scholarly journals Czasowe zajęcie zabytku ruchomego. Uwagi de lege lata i de lege ferenda

2017 ◽  
pp. 75-91
Author(s):  
Bartłomiej Sierzputowski
Keyword(s):  
Legal System ◽  
Depth Analysis ◽  
Art And Culture ◽  
Polish Law ◽  
Ratio Measure

This article provides an in-depth analysis of the problem of the temporary seizure of a movable monument in the Polish law. One of the purposes of this text is to prove that the institution of the temporary seizure of a movable monument is an example of the measure of a conservation supervision with one of the highest levels of interference in the ownership of monument in the Polish legal system. Currently the issues related to the temporary seizure of a movable monument are regulated by the act on the protection and guardianship of monuments. The first legal act which regulated these issues was the decree of the Regency Council on the protection of monuments of art and culture of 31 October 1918. The analysis of the historical legal acts, as well as legal acts in force, proved that temporary seizure of a monument resulted in a temporary loss of possession and use of a particular monument. However, this measure of a conservation supervision is not an ultima ratio measure, which deprives the ownership of movable monument in a complete manner.

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