scholarly journals Zasiłek dla bezrobotnych byłych funkcjonariuszy i żołnierzy – wybrana problematyka prawna na tle orzecznictwa sądowego

2021 ◽  
Vol 28 (4) ◽  
pp. 337-354
Author(s):  
Magdalena Paluszkiewicz
Keyword(s):  
Legal System ◽  
Legal Issues ◽  
Court Decisions ◽  
Unemployment Benefit ◽  
The Right

Unemployment benefit for former officers of the uniformed services and soldiers – selected legal issues in the context of court rulings Although the unemployment benefit is a well-established institution in the Polish legal system, which makes it possible to mitigate the material consequences of unemployment, its practical functioning sometimes encounters serious difficulties, which is illustrated by the extensive court decisions regarding various aspects of the right of former officers of the uniformed services and soldiers to that benefit. The aim of the study is to show the more important problems of interpretation and to formulate proposals of their solution.

scholarly journals The Right to be Forgotten: Emerging Legal Issues

2021 ◽  
Vol 46 (3) ◽  
pp. 27-42
Author(s):  
Oksana Vasylivna Kiriiak
Keyword(s):  
European Union ◽  
Legal System ◽  
Legal Issues ◽  
The European Union ◽  
Judicial Practice ◽  
Right To Be Forgotten ◽  
The Right ◽  
Protection Of Right

This paper contextualizes and analyzes the main emerging approaches to the understanding of the right to be forgotten and its application in praxis, using legislation and judicial practice of the European Union and Ukraine as reference scales. By bridging the gap between positive and interpretative orders of law implementation, which were previously imperatively opposed and considered mutually exclusive in the Ukrainian legal system, the paper supports the arguments that the process of mastering the protection of right to be forgotten requires a further mindset shift equally for-Internet providers and all involved law enforcers.

Tourism as a Tool for the Fulfilment of the Rights to Rest and Leisure Enshrined in Article No. 24 of the Universal Declaration of Human Rights

2019 ◽  
Vol 76 (3-4) ◽  
pp. 180-188
Author(s):  
Bianca Nicla Romano
Keyword(s):  
Human Rights ◽  
Legal System ◽  
Universal Declaration ◽  
Title V ◽  
Negative Consequences ◽  
Real Right ◽  
Right To Work ◽  
The Individual ◽  
The Right ◽  
Italian Constitution

Art. 24 of the 1948 Declaration of Human Rights recognises and protects the right of the individual to rest and leisure. This right has to be fully exercised without negative consequences on the right to work and the remuneration. Tourism can be considered one of the best ways of rest and leisure because it allows to enrich the personality of the individual. Even after the reform of the Title V this area is no longer covered by the Italian Constitution, the Italian legal system protects and guarantees it as a real right, so as to get to recognize its existence and the consequent compensation of the so-called “ruined holiday damage”. This kind of damage has not a patrimonial nature, but a moral one, and the Tourist-Traveler can claim for it when he has not been able to fully enjoy his holiday - the essential fulcrum of tourism - intended as an opportunity for leisure and/or rest, essential rights of the individual.

Preclusion of the Right to Submit New Facts and Evidence According to the Law on Contested Procedure in Kosovo

2017 ◽  
Vol 10 (1) ◽  
pp. 84
Author(s):  
ARTAN QERKINI
Keyword(s):  
Market Economy ◽  
Legal System ◽  
Practical Implementation ◽  
Relevant Evidence ◽  
Legal Provisions ◽  
The Law ◽  
Legislative Amendments ◽  
The Right

The market economy and changes within Republic of Kosovo’s legal system, which imposed the need of legal changes within the field of contested procedure also, have caused this procedure to become more efficient vis-à-vis legal provisions which were in force until October 6th 2008. Through the Law on Contested Procedure (hereinafter “LCP”), the legislator has aimed, inter alia, to make the contested procedure more concentrated, and thus, more efficient. In this regard, the Kosovar legislator has determined that it is mandatory for the parties to present any and all relevant evidence for resolving the dispute until the preparatory session, and in the event that one was not held, until the first main hearing session. As an exception, the parties may present relevant evidence even after this stage of proceedings, provided that their failure to present said evidence no later than at the preparatory session, respectively first main hearing session, was through no fault of their own. I consider that these legislative amendments are vital to ensuring practical implementation of the principle of efficience in the contested procedure.

PRINCIPLES OF STATE REGULATION OF THE ACTIVITIES OF BODIES OF THE STATE EXECUTIVE SERVICE AND PRIVATE EXECUTORS

2018 ◽  
Vol 1 (13) ◽  
pp. 69-77
Author(s):  
Mariіa Konstantinovna Kulava
Keyword(s):  
Public Administration ◽  
Rule Of Law ◽  
Social Relations ◽  
State Regulation ◽  
Court Decisions ◽  
Regulatory Requirements ◽  
The Rule Of Law ◽  
State Administration ◽  
Executive System ◽  
The Right

Within the presented article, taking into account already existing achievements of scientists, the concept, the main features of the principles of state administration of the executive system of Ukraine are defined. The principles of activity of executive bodies bodies according to the current legislation of Ukraine are determined. A brief description of the principles is presented, namely: the rule of law, legality, compulsory, independence, justice, impartiality and objectivity, discretion, transparency and openness of executive proceedings and its fixation by technical means, the reasonableness of the time limits for enforcement proceedings, the proportionality of enforcement measures and the amount of claims for decisions, the right to appeal decisions, actions or omissions of state executives, private performers. It is established that in general the principles of executive proceedings in the investigated normative acts are duplicated, in addition to the principles of independence and the right to appeal decisions, actions or inaction of state executives, private performers. The actual vision of the principles of public administration of the executive system of Ukraine is determined. The opinion on the need to supplement the list of principles with the following: the principle of equal competition between state and private performers through the balance between them; the principle of responsibility of the executive system bodies, their officials and private executors for damage caused as a result of violations of regulatory requirements; the principle of introducing effective incentives for voluntary implementation of decisions; the principle of professionalism and competence. Also, within the submitted article, it is stated that the use of the terms “principles” and “principles” in the Laws of Ukraine “On Bodies and Officials Performing Enforcement of Court Decisions and Decisions of Other Bodies”, “On Enforcement Proceedings”, which are adopted simultaneously and regulated, are unjustified, identical social relations.

Punishment

2018 ◽  
Author(s):  
Mark McClish
Keyword(s):  
Legal System ◽  
State Violence ◽  
The Law ◽  
The Right

In Indic thought, the daṇḍa (“staff”) represented the king’s use of violence for the purpose of governance. His right and obligation as daṇḍadhara (“wielder of the staff”) to punish those deemed deserving of punishment under the law defined the king’s role in the legal system. In this sense, daṇḍa represented the legalization of domination, in which state violence was reckoned as just punishment. But the king was not the only one with a recognized right to punish. This chapter explores how daṇḍa was used to articulate and legitimize relations of domination within the legal imagination of Dharmaśāstra. It asks, in particular, who is conferred the right to punish and how much?

Adversarial Medical and Scientific Testimony and Lay Jurors: A Proposal for Medical Malpractice Reform

1995 ◽  
Vol 21 (2-3) ◽  
pp. 281-300
Author(s):  
Jody Weisberg Menon
Keyword(s):  
General Theory ◽  
Legal System ◽  
Medical Malpractice ◽  
Common Knowledge ◽  
Common Law ◽  
Expert Witnesses ◽  
Malpractice Reform ◽  
The Right ◽  
Scholarly Attention ◽  
Scientific Testimony

Pleas for reform of the legal system are common. One area of the legal system which has drawn considerable scholarly attention is the jury system. Courts often employ juries as fact-finders in civil cases according to the Seventh Amendment of the Constitution: “In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved … .” The general theory behind the use of juries is that they are the most capable fact-finders and the bestsuited tribunal for arriving at the most accurate and just outcomes. This idea, however, has been under attack, particularly by those who claim that cases involving certain difficult issues or types of evidence are an inappropriate province for lay jurors who typically have no special background or experience from which to make informed, fair decisions.The legal system uses expert witnesses to assist triers of fact in understanding issues which are beyond their common knowledge or difficult to comprehend.

scholarly journals Muslim Personal Laws and the Accommodation of Minorities: The Need to Better Balance Individual Rights and Group Autonomy in Singapore

2019 ◽  
Vol 20 (7) ◽  
pp. 1079-1095
Author(s):  
Noor Aisha Abdul Rahman
Keyword(s):  
Legal System ◽  
Well Being ◽  
The State ◽  
Political Issues ◽  
Minority Community ◽  
Muslim Minority ◽  
The Right ◽  
Personal Law ◽  
Muslim Minorities ◽  
Direct Incorporation

AbstractThe accommodation of religious personal law systems is an issue that has arisen in many countries with significant Muslim minorities. The types of accommodations can range from direct incorporation into the state legal system to mere recognition of religious tribunals as private organs. Different forms of accommodation raise different types of legal, social, and political issues. Focusing on the case of Singapore, I examine one form of accommodation which entails the direct incorporation of this law regulating marriage, divorce, and inheritance for Muslims into the state system. Administered by the Administration of the Muslim Law Act, 1966, the Muslim law binds Muslims unless they abjure Islam. The resulting pluralistic legal system is deemed necessary to realize the aspirations of and give respect to the Muslim minority community, the majority of whom are constitutionally acknowledged as indigenous to the country. This Article examines the ramifications of this arrangement on the rights and well-being of members of this community in the context of change. It argues that, while giving autonomy to the community to determine its personal law and advancing group accommodation, the arrangement denies individuals the right to their choice of law, a problem exacerbated by traditionalism and the lack of democratic process in this domain. Consequently, the Muslim law pales in comparison to the civil law for non-Muslims. The rise of religious resurgence since the 1970s has but compounded the problem. How the system can accommodate the Muslim personal law without compromising the rights of individual Muslims is also discussed.

The "Right to Die": A Case Study in American Lawmaking*

1996 ◽  
Vol 3 (1) ◽  
pp. 49-74
Author(s):  
Alan Meisel
Keyword(s):  
Legal System ◽  
Right To Die ◽  
Judicial Process ◽  
Clinical Issue ◽  
The Press ◽  
American Law ◽  
American Legal System ◽  
The Right ◽  
Made In

AbstractIn the 20 years that have passed since the Karen Quinlan case exposed a simmering clinical issue to the light of day — more precisely, to the press and to judicial process — a consensus has developed in American law about how end-of-life decisionmaking should occur. To be sure, there are dissenting voices from this consensus, but they are often (though not always) about minor issues. By illustrating how this consensus has evolved, this paper explores how law is made in the American legal system and the roles that different legal and extra-legal institutions play in lawmaking.

SUING YOUR PARENTS

PEDIATRICS ◽  
1993 ◽  
Vol 92 (4) ◽  
pp. A78-A78
Author(s):  
B. H.
Keyword(s):  
Legal System ◽  
Foster Parents ◽  
Legal Action ◽  
Lake County ◽  
The Right ◽  
First Time ◽  
The U.S

In a court battle beginning today, a judge will be asked for what is believed to be the first time to determine whether children have the right to take legal action on their own behalf. At the heart of the dispute in a Lake County, Fla., courtroom is a small, bespectacled boy who claims his childhood has been destroyed and who is doing battle with two formidable adversaries: his parents and the U.S. legal system. Gregory K., age 11, (his name is being withheld by the court) has taken the unprecedented step of filing a petition to divorce himself from his parents ... Judge C. Richard Singeltary is being asked to decide whether Gregory has the right to divorce his parents. The court is also being asked to allow Gregory's foster parents—with whom the boy has been living for nine month—to adopt him.

Knowledge of the Polish language and the right to practice as a medical doctor. Notes on the margin of administrative court decisions

2021 ◽  
Vol 2(24) ◽  
pp. 11-20
Author(s):  
Michał Bartoszewicz
Keyword(s):  
Professional Preparation ◽  
Medical Doctor ◽  
Point Of View ◽  
Linguistic Competence ◽  
Court Decisions ◽  
Pragmatic Approach ◽  
Polish Language ◽  
Administrative Courts ◽  
The Right

The article deals with standards of professional preparation of doctors in the scope of speaking and writing Polish. The thesis of the article is that this requirement is one of the elements of professional preparation which is not limited to knowledge but includes specific skills. Defining the threshold of minimum linguistic competence is a subtle matter. The study draws attention to the necessity of pragmatic approach to these requirements to the extent necessary to practice as a doctor or dentist. From the point of view of the doctor’s rights, a lot depends on the procedure of verifying the command of Polish language. Therefore, attention was paid to the jurisprudence of administrative courts in this area.

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