scholarly journals Changes in Public Entities Caused by the Crisis. A Case Study of the Polish Public Prosecutor’s Office

2021 ◽  
pp. 1-6
Author(s):  
Aleksandra SUS ◽  
Ewelina ŚWIĘTALSKA
Keyword(s):  
Public Organizations ◽  
The State ◽  
Institutional Changes ◽  
State Of Emergency ◽  
Effective Response ◽  
The Republic ◽  
The Moment

Public organizations are in a state of crisis at the moment of significant institutional changes in their structures (Boin and t’Hart, in: Wagnedaar, 2000, pp. 9-31), and the greater the number of people affected - the more the crisis in the organization is felt. In connection with the ordinance of the Minister of Health of 13 March 2020 (Journal of Laws of 2020, item 433), announcing the state of epidemic threat in the territory of the Republic of Poland, common units of the prosecutor's office faced a new challenge regarding a quick and effective response to crimes arising in connection with the use of the state of emergency for unlawful purposes.

State of emergency in Poland: constitutional regulation and “hybrid” nature during the COVID-19 pandemic

2021 ◽  
Vol 30 (4) ◽  
pp. 41-67
Author(s):  
Valentina Chekharina
Keyword(s):  
The State ◽  
Legal Regime ◽  
State Of Emergency ◽  
Hybrid State ◽  
Political Interests ◽  
The World ◽  
Constitutional Tribunal ◽  
Law And Justice ◽  
The Republic ◽  
Emergency Measures

The COVID-19 pandemic became widespread across the world throughout 2020 and 2021 in an emergency that gravely impacted the health and lives of people around the world. States have taken exceptional measures to combat the pandemic, including controversial decisions to introduce emergency regimes, which have been questioned in regards to their compliance with constitutional regulations. The fight against the COVID-19 pandemic requires special measures, however they must remain within the constitutional framework. Consequently, the pandemic and its effect upon the legality of regimes in a state of emergency has captured the attention of legal scholars. The aim of this study is to analyse the constitutional regulation of the state of emergency in the Republic of Poland which was introduced in the country during the COVID-19 pandemic. In Poland, an emergency regime was introduced following an order by the Minister of Health. However the state of emergency (here, natural disaster) as stated by the Constitution was not introduced, although, according to analysts, some state bodies and officials had confirmed that all the necessary conditions for this were met. On 2 March 2020, the so-called Special Law on Coronavirus was adopted, followed by other regulations to fight the pandemic. These analysts stated that the measures introduced by the new acts corresponded to a legal regime containing the constitutional characteristics of a state of emergency, but lacked the appropriate constitutional procedure for their introduction. Presidential elections were held at this time, however legally they cannot be held during a state of emergency, as it indicates the presence of political interests in the choice of the regime. The unconstitutional procedure of the introduction of emergency measures alongside their characteristics of the state of emergency make it possible to consider the epidemic regime introduced in Poland a “hybrid” state of emergency, which is not detailed by the Constitution or legislation. On this basis, the study concludes that reasons behind the unconstitutional response to the COVID-19 pandemic in Poland can be found in both the Constitution, and in the manifestations of the crisis of the constitutional and legal system, which began with the reform of Poland’s Constitutional Tribunal by the ruling Law and Justice party in 2015.

Amendment of the Contravention Code or Defiance of the Constitution by the Exceptional Situations Commission?

2021 ◽  
pp. 56-65
Author(s):  
Iulian Rusanovschi ◽  
Keyword(s):  
Public Health ◽  
The State ◽  
Constitutional Court ◽  
State Of Emergency ◽  
Constitutional Review ◽  
Republic Of Moldova ◽  
The Republic ◽  
The Right ◽  
Epidemiological Situation

On 17.03.2020, the Parliament declared a state of emergency on the entire territory of the Republic of Moldova for the period March 17 - May 15, 2020. By the same Decision, the Parliament delegated the Commission for Exceptional Situations with the right to implement a series of measures to overcome the epidemiological situation in the country. However, in the conditions of a functioning Parliament and despite the clear and exhaustive texts of the Constitution, the Commission for Exceptional Situations amended during the state of emergency the Contravention Code, which is an organic law. The amendments specifically concerned the procedure and terms for examining infringement cases brought in connection with non-compliance with the measures adopted by the Commission for Exceptional Situations and the Extraordinary Commission for Public Health. In the conditions in which an organic law can be modified only by the Parliament, it is obvious the unconstitutionality, at least partial, of the Disposition no. 4 of 24.03.2020 of the Commission for Exceptional Situations, but unfortunately, the Constitutional Court is not mandated with the right to submit to constitutional review the normative acts adopted by the Commission for Exceptional Situations. Under these conditions, the state is obliged to identify solutions in order not to allow an authority to adopt unconstitutional normative acts that cannot be subject to constitutional review.

The Republic Was an Empire

2020 ◽  
pp. 139-155
Author(s):  
Jonathan Scott
Keyword(s):  
The Netherlands ◽  
The State ◽  
Political Union ◽  
The Past ◽  
Imperial Ideology ◽  
Military Revolution ◽  
The Republic ◽  
The Moment ◽  
Dutch Model

This chapter deals with the circumstances leading to the first of three Anglo-Dutch wars. Beginning with a proposal for political union, the chapter addresses the growing animosity between the English and the Dutch through two major themes. In the first place, from the moment of its foundation the English republic was, and behaved like, an empire. Second, it was the product, as in the Netherlands, of a rebellion and fiscal/military revolution which built the state. More than its Dutch model, the English republic entailed a sharp, indeed spectacular, break with the past, accompanied by a revolutionary as well as an imperial ideology.

scholarly journals Rechtsvacuum Phenomenon in Government Regulation of the Republic of Indonesia Number 51 of 2020 related to Passport Renewal Period to 10 Years

2019 ◽  
Vol 1 (1) ◽  
pp. 51-58
Author(s):  
Fachrizza Sidi Pratama
Keyword(s):  
State Government ◽  
Government Regulation ◽  
The State ◽  
Government Regulations ◽  
The Republic ◽  
The Government ◽  
Renewal Period ◽  
Law Regulation ◽  
Laws And Regulations

Legislation is one of the legal products issued by the state government component. In this case, the laws and regulations include the Constitution of the Republic of Indonesia year 1945, the Decree of the People's Consultative Assembly, The Law / Regulation of the Government In lieu of Laws, Government Regulations, Presidential Regulations, and Local Regulations. As for its application, the rules have levels in the arrangement, where there are sections that explain macro and its derivatives that are narrowing down to the implementing regulations. The levels of the rules must be complete because each of them has its own function.  Meanwhile, in this journal, there will be a discussion on the phenomenon of legal vacancies in the case study of Government Regulation of the Republic of Indonesia Number 51 of 2020 related to the Period of Extending Passports to 10 Years, where in the issuance of government regulations have not been included implementing regulations that will regulate how the implementation of government regulations in the field.  

scholarly journals IMPLEMENTATION OF STATE OF EMERGENCY WITHIN THE CONSTITUSIONAL LAW SYSTEM IN INDONESIA

2019 ◽  
Vol 4 (1) ◽  
pp. 405
Author(s):  
Muhammad Rinaldy Bima
Keyword(s):  
The State ◽  
State Function ◽  
State Of Emergency ◽  
Law System ◽  
State Administration ◽  
Legal Document ◽  
State Governance ◽  
Governance Practice ◽  
The Common ◽  
The Republic

This research aims at analyzing the state governance practice which frequently and extraordinarily takes place when governing the state administration, in which the common legal system is unable to accommodate the people's interests. Self-governance is highly necessary that the state function may effectively run independently as the state organ by ensuring respect and compliance of right guaranteed by the state 1945 constitution of the Republic of Indonesia (UUD NRI 1945) as the highest legal document in governing the state. The legal equipment should be able to anticipate various possibilities of emergency conditions to ensure the sustainability of state life

Public Security in the Polish Law on State of Emergency

2016 ◽  
Vol 8 (1) ◽  
pp. 91-100
Author(s):  
Bernard Wiśniewski
Keyword(s):  
The State ◽  
Public Security ◽  
State Of Emergency ◽  
Constitutional Order ◽  
Security Environment ◽  
States Of Emergency ◽  
The Republic ◽  
Polish Law ◽  
The Impact ◽  
The Relationship

This article presents the essential issues in the provisions of the law relating to public security in force in the Republic of Poland which are used in conditions of extraordinary internal threats that cannot be dealt with using ordinary legal tools. The considerations are based on an analysis of the legally regulated obligations of the state as a political organisation to society for securing the conditions for its survival in a changing security environment. This serves to present the basic issues of public security and the rules for the use of the State instruments for states of emergency. The rest of this article presents the relationship between issues of public security and a state of emergency. In this part of the article it is essential to discuss the circumstances that must exist to be able to employ specific legal measures in the conditions of threats to the constitutional order of the State and threats affecting the security of the citizens or of public order (including those caused by terrorist activities). Consequently, it discusses the impact of the rigours of a state of emergency in relation to the potential for limiting the escalation of these threats. The final part of the article also presents other instruments, apart from the state of emergency which, in the Polish legal system, can be used in the fight against threats which endanger public security and that are related to prohibited activities in cyberspace.

Art and Science: or Bach as an Expositor of the Bible

1992 ◽  
Vol 28 ◽  
pp. 343-353
Author(s):  
W. R. Ward
Keyword(s):  
East Germany ◽  
The State ◽  
The Bible ◽  
The Enlightenment ◽  
National Tradition ◽  
Long Time ◽  
History Of ◽  
The Difference ◽  
The Republic ◽  
The Moment

For a long time before dramatic recent events it has been clear that the German Democratic Republic has been in die position, embarrassing to a Marxist system, of having nothing generally marketable left except (to use the jargon) ‘superstructure’. The Luther celebrations conveniendy bolstered the implicit claim of the GDR to embody Saxony’s long-delayed revenge upon Prussia; still more conveniendy, they paid handsomely. Even the Francke celebrations probably paid their way, ruinous though his Orphan House has been allowed to become. When I was in Halle, a hard-pressed government had removed the statue of Handel (originally paid for in part by English subscriptions) for head-to-foot embellishment in gold leaf, and a Handel Festival office in the town was manned throughout the year. Bach is still more crucial, both to the republic’s need to pay its way and to the competition with the Federal Republic for the possession of the national tradition. There is no counterpart in Britain to the strength of the Passion-music tradition in East Germany. The celebrations which reach their peak in Easter Week at St Thomas’s, Leipzig, are like a cross between Wembley and Wimbledon here, the difference being that the black market in tickets is organized by the State for its own benefit. If Bach research in East Germany, based either on musicology or the Church, has remained an industry of overwhelming amplitude and technical complexity, the State has had its own Bach-research collective located in Leipzig, dedicated among other things to establishing the relation between Bach and the Enlightenment, that first chapter in the Marxist history of human liberation. Now that a good proportion of the population of the GDR seems bent on liberation by leaving the republic or sinking it, the moment seems ripe to take note for non-specialist readers of some of what has been achieved there in recent years.

scholarly journals Derogation of Human Rights and Freedoms in RNM during the State of Emergency Caused by COVID-19

SEEU Review ◽  
2020 ◽  
Vol 15 (1) ◽  
pp. 24-42
Author(s):  
Abdulla Azizi
Keyword(s):  
Human Rights ◽  
Survey Methods ◽  
The State ◽  
International Standards ◽  
European Convention ◽  
State Of Emergency ◽  
The Republic ◽  
The Government ◽  
Territory Government ◽  
Restrictive Measures

AbstractConsidering that in times of state of emergency or civil emergency (such as the pandemic caused by COVID 19), governments in many countries around the world have restricted human rights and freedoms through legally binding government decrees. These restrictive measures increasingly raise dilemmas about their effect and possible violations by the government of international norms guaranteeing human rights. The paper aims to analyze whether these restrictive measures set out in the decisions of the Government of the Republic of Northern Macedonia (RNM) are in compliance with the derogations allowed under the European Convention on Human Rights and Freedoms (ECHR) and the positive laws in power. In the framework of this paper is analyzed whether these measures have the sole purpose of protecting the health of citizens or not.The work is limited in terms of time (as long as the state of emergency lasted three months) and territory (government decrees with the force of law).Descriptive, historical, analytical, comparative and citizen survey methods are used in this paper.Government decrees have been analyzed in order to assess whether they were prudent, in accordance with international standards and consequences that they have caused to citizens.The conclusions provide data on whether the management of the situation has been appropriate or not and to what extent it has been effective, as well as how much it has been within the international framework and how they have affected the quality of life of citizens.

scholarly journals Consolidation of agricultural land, as a factor maintaining and improving soil cover of the Azerbaijan Republic

2020 ◽  
Vol 193 (2) ◽  
pp. 89-93
Author(s):  
T. N. Nizamzade
Keyword(s):  
Soil Fertility ◽  
Industrial Development ◽  
Agricultural Land ◽  
Soil Cover ◽  
General Pattern ◽  
The State ◽  
Land Resources ◽  
The Republic ◽  
The Moment ◽  
First Time

Abstract. The purpose of our research is to study the state of the soil cover of peasant farms, and to establish the cause of the decline in soil fertility, the land used by them in their farms. The preservation and improvement of the soil cover, therefore, and the basic vital resources in the conditions of intensification of agricultural production, industrial development, rapid growth of cities and transport is possible only with well-established control over the use of all types of soil and land resources. The object of the study was the soil cover on the territory of farms of the Republic, with certain natural conditions and a specific type of economic development. The data obtained as a result of research on the state of the soil cover reflect the General pattern of development of land degradation throughout the territory of farms, due to uncontrolled use of land resources. In the article, the sizes of land shares of farms of the Republic which in our opinion are one of the main reasons of decrease in soil fertility of lands of agricultural purpose are considered. At the moment, there is no current legislation in Azerbaijan that could regulate the consolidation of agricultural land and prevent further unjustified fragmentation of land plots. The author in the work proposes a method of land management on a voluntary basis to carry out land consolidation. The novelty of the work lies in the fact that for the first time on the territory of the Republic to solve the problems associated with the deterioration of soil cover on the lands of farms, it is proposed to consolidate the lands of small farms into larger landholdings. As consolidation of lands in these farms will create for their owners an opportunity to unite the efforts in carrying out Agro complex actions in fight against deterioration of soil fertility.

scholarly journals Information and Communication – The Limits of Media Discourse. Case Study – Romanian School in the News

2022 ◽  
Author(s):  
Xenia Negrea ◽  
Keyword(s):  
Media Discourse ◽  
State Of Emergency ◽  
The Public ◽  
Information And Communication ◽  
The Media ◽  
One Year ◽  
The Moment ◽  
Multidisciplinary Perspective

In this study we propose an analysis of the media discourse on education. This paper is based on questions such as: in what manner is the media an echo for the public policy authors, for the dominant ideology, and what are the stories featuring the school topic. Using the content analysis, we aimed to find the narrative frames, and a map of the most cited journalistic sources. We found that the media is a very important source for public agenda. In fact, the media is one of the most powerful public and social policy agents. Our analysis covers the journalistic discourse in Romania for a period of one year, from the moment of declaring the state of emergency. One of the hypotheses was that the type of journalistic discourse under analysis is specific to crisis communication. Regarding the corpus of texts, we selected a publication where there are published only features on education, edupedu.ro, a quality publication with stories from different fields, including education, libertatea.ro, and a soft publication, kanald.ro. The texts were analysed from a multidisciplinary perspective, in order to define and describe a narrative pattern. One of our main findings is this fear of contaminating the quality press with false information. And, as a consequence, we have found a journalistic conformism and a lake of creativity and new approaches, respectively assuming a role of facilitating the information, of carrier, rather than of a watchdog.

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