Cash benefits from social assistance in the light of the jurisprudence of administrative courts – selected problems. Part 2

2021 ◽  
Vol 36 (1) ◽  
pp. 153-190
Author(s):  
Sywia Łakoma
Keyword(s):  
Subject Matter ◽  
Social Assistance ◽  
Case Law ◽  
Life Situation ◽  
Financial Capacity ◽  
The Past ◽  
The Social ◽  
The Subject ◽  
Cash Benefits ◽  
Administrative Courts

The aim of this study is to present social assistance benefits in cash in terms of the jurisprudence of administrative courts. The analysis of the provisions of the Act on Social Assistance and the case law related to the indicated subject matter confirms that the granting of optional benefits in cash – which are the subject of this part of the article – takes place under administrative approval. As a result, meeting the positive prerequisites for a given benefit, with the simultaneous lack of negative prerequisites, does not have to mean that the expected aid is to be obtained. In this case, the principles and objectives of social assistance, including the principle of subsidiarity, are of a great importance. This principle results, first of all, in the obligation to independently undertake actions – by persons or families interested in receiving assistance – in order to overcome a difficult life situation. Only when this is not possible, support is provided by social assistance bodies. Then, however, great importance – which is emphasized in the judicature – is attached to the cooperation of individuals or families with social assistance bodies. The jurisprudence presented in the study also confirms that the significance for granting optional benefits is the use by an individual in the past or at the time of applying for of other social assistance specific benefits. These circumstances, in the best case, may affect the amount of the benefit granted, but may also result in refusal of performing its payment, among others, due to the justified needs of other people. Additionally, the judicature points out that the refusal to grant optional cash benefits may also be affected by the limited financial capacity of the social assistance body (Article 3 (4) of the Act on Social Assistance). This is one of the elements that distinguish these benefits from obligatory benefits in cash, including, in particular, the periodic allowance, where the limited financial capacity of the social assistance body may only affect the amount of the benefit, but may not be the basis for refusal to grant it.

Monetary benefits from social assistance in the light of the jurisprudence of administrative courts – selected issues. Part 1

2021 ◽  
Vol 35 (6) ◽  
pp. 135-169
Author(s):  
Sylwia Łakoma
Keyword(s):  
Social Welfare ◽  
Social Assistance ◽  
Case Law ◽  
Life Situation ◽  
Living Situation ◽  
Public Funds ◽  
The Social ◽  
The Subject ◽  
Administrative Courts ◽  
Unique Source

The aim of this study was to present monetary benefits from social welfare in terms of the jurisprudence of administrative courts. The analysis of this case law confirms that the granting of obligatory monetary benefits – which are the subject of this part of the article -– such as the permanent allowance and the periodic allowance, depends on the fulfilment of positive conditions, with no negative circumstances at the same time. The latter, depending on their nature, are or may be considered leading or may lead to the conclusion that the provision of the benefit is or may be contrary to the principles and objectives of social welfare, including the principle of subsidiarity. Providing monetary benefits from social welfare, including – which should be emphasized – also obligatory benefits, requires not only the fulfilment of positive conditions, but also confirmation that the provision of assistance will be consistent with the principles and objectives of social welfare, including the pr – as it is noted in the judicature – including determining whether the person concerned undertakes actions aimed at improving their situation, actively cooperating in this respect with the social welfare body, or whether they only expect support. Each person – before asking for help – is first and foremost obliged to fully use their own powers, resources and possibilities to overcome a difficult life situation, and if they do not fulfil this obligation, then – as confirmed by the jurisprudence – there is no basic condition for providing such a person with assistance from public funds. One of the basic goals set out in the Act on social assistance is the activation of beneficiaries and making them independent. Social assistance is only of a temporary nature and assumes the development of appropriate attitudes among its users. It cannot, under any circumstances, turn into a permanent and unique source of income for people applying for it. A negative settlement of the application of a person applying for social assistance benefits does not have to mean a violation of the general principles of granting assistance, and may only prove that, in a specific case, there are no grounds for the applicant to exercise the rights provided for in the Act. The purpose of social assistance is to provide support, not to replace individual efforts to improve the living situation of a specific person. Permanent allowance and periodic allowance referred to in this study fulfil this function.

The Social Assistance Act in view of the Amendment of 19 July 2019: selected issues pertaining to county self-governments

2020 ◽  
Vol 35 (4) ◽  
pp. 68-89
Author(s):  
Michał Soćko
Keyword(s):  
Mental Health ◽  
Subject Matter ◽  
Social Assistance ◽  
Point Of View ◽  
Life Situation ◽  
Legal Method ◽  
Legal Provisions ◽  
The Social ◽  
Legal Texts ◽  
The Subject

The subject matter of this article is the analysis of the new provisions introduced in the Act on social assistance by the amendment of 19 July 2019 on the amendment to the Act on social assistance and the Act on mental health protection, in particular from the point of view of the activities of county (powiat) self-government. At the beginning, the reasons and scope of the changes are outlined. Subsequently – to a broader extent – the article examines the provisions introducing the possibility to limit leaving the nursing homes independently by their residents and new sanctions in the form of limiting the amount or size of the benefit in the event of the lack of cooperation of the person or family in resolving their difficult life situation. All considerations are summarized in the last section of the article. Due to the fact that the subject matter of the article is current legal solutions, the basic method of research is the dogmatic and legal method, consisting of a juridical analysis of the relevant legal provisions. The study of legal texts has been enriched to an appropriate extent by presenting views of doctrine and jurisprudence.

scholarly journals Młode pokolenie wobec pracy, konsumpcji oraz sukcesu

2019 ◽  
Vol 9 ◽  
pp. 15-31
Author(s):  
Joanna Wardzała
Keyword(s):  
Qualitative Research ◽  
Social Context ◽  
Subject Matter ◽  
Consumer Society ◽  
Young Generation ◽  
Consumer Behaviors ◽  
Applicable Law ◽  
The Past ◽  
The Social ◽  
The Subject

The young generation in terms of work, consumption and success  The subject matter of the young generation in the social context has been repeatedly examined and many studies have been prepared on this topic, for example the works of K. Wyka and earlier K. Manheim. Increasingly, the issue of the younger generation is discussed in the area of issues related to consumption and work. The article is of a theoretical and empirical nature; it is an attempt to portray the young generation in its two most important roles on the market — the consumer and the entrepreneur. It is an introductory element to the problems of consumer behaviors and entrepreneurial behaviors of the young generation. The publication draws attention to the expectations of the young generation about the applicable law and the economy. The first part of the article is characterized by sociological considerations and serves to determine the meaning of the young generation in consumer society, in particular, to outline the framework of youth, which in literature is sometimes defined not only by age categories. It is also an interdisciplinary review of theories, both those created in the past and those quite contemporary. In the second part, it refers to the results of qualitative research relating to the opinions and expectations of the young generation about consumption, work and success.  

scholarly journals Unconstitutional legal solutions enshrined in the Code of Criminal Procedure of 2014

2016 ◽  
pp. 67-101
Author(s):  
TUDOREL TOADER ◽  
MARIETA SAFTA
Keyword(s):  
Legal System ◽  
Subject Matter ◽  
Criminal Procedure ◽  
Case Law ◽  
Legal Rule ◽  
Preventive Effect ◽  
Constitutional Review ◽  
Economic Context ◽  
The Social ◽  
The Subject

This study continues the presentation on the development of the constitutional court’s case-law, from ascertaining the unconstitutionality of the legal rule to ascertaining the unconstitutionality of the legal solution promoted by that rule with punctual respect to criminal procedure. The constitutional review transcends the strict boundaries of referrals brought before the Court in order to purify the legal system from those that reproduce legal solutions found to be unconstitutional. Thus, it is emphasized both the effect of sanctioning the rule which was the subject matter of the exception of unconstitutionality, and the preventive effect of constitutional review, by the inability of the legislature to resume a legal solution found unconstitutional, except where there is a change of the social and economic context.

Pakistan’s Development: Successes, Failures, and Future Tasks (Presidential Remarks)

1997 ◽  
Vol 36 (4I) ◽  
pp. 321-331
Author(s):  
Sarfraz Khan Qureshi
Keyword(s):  
Indian Subcontinent ◽  
General Meeting ◽  
The Past ◽  
Past Half Century ◽  
The Social ◽  
The Subject ◽  
Golden Jubilee ◽  
Freedom Movement ◽  
Past Half ◽  
Do So

It is an honour for me as President of the Pakistan Society of Development Economists to welcome you to the 13th Annual General Meeting and Conference of the Society. I consider it a great privilege to do so as this Meeting coincides with the Golden Jubilee celebrations of the state of Pakistan, a state which emerged on the map of the postwar world as a result of the Muslim freedom movement in the Indian Subcontinent. Fifty years to the date, we have been jubilant about it, and both as citizens of Pakistan and professionals in the social sciences we have also been thoughtful about it. We are trying to see what development has meant in Pakistan in the past half century. As there are so many dimensions that the subject has now come to have since its rather simplistic beginnings, we thought the Golden Jubilee of Pakistan to be an appropriate occasion for such stock-taking.

Potencjał kooperacji turystycznej i piłkarskiej w państwach Grupy Wyszehradzkiej

2019 ◽  
Vol 17 (1) ◽  
pp. 351-375
Author(s):  
Mateusz Rafał ◽  
Dominik Borek
Keyword(s):  
Subject Matter ◽  
Social Initiative ◽  
Cultural Proximity ◽  
Tourism Sector ◽  
The Social ◽  
Social Potential ◽  
The Subject ◽  
Migration Crisis ◽  
Visegrad Group ◽  
Visegrád Countries

This article takes up the innovatory subject of cooperation in the field of football and the tourism sector by the Visegrad Group states. The subject matter of this study has not been widely discussed in the literature, hence most of de lege ferenda postulates are open to further discussion. The current Visegrad Group was created as a political project, not an evolutionary social initiative. This does not mean, however, that the societies of its member states are significantly different from each other, and the structure itself is exotic. The benefits of an extended cooperation, which seems not to have an alternative, for all the participants are fully understood. Therefore, the direction of common thinking about maximizing profits in the developing sector of tourism, and making the most of the social potential of football, can be an attractive platform for international dialogue and extended cooperation among the V4 countries. The baggage of history, geographic and cultural proximity, the migration crisis, as well as the imperialist policy of the neighbouring Russia effectively motivate to strengthen cooperation and create stronger mechanisms with each other. It is indisputable that the tendencies for cooperation in the Visegrad countries are not a novelty.

Does the Injunction Gap Violate Implementers’ Fair Trial Rights Under the ECHR?

2020 ◽  
Author(s):  
Léon E Dijkman
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Fair Trial ◽  
European Convention ◽  
The Past ◽  
European Court ◽  
The Subject ◽  
The Right ◽  
Federal Supreme ◽  
Validity Of A Patent

Abstract Germany is one of few jurisdictions with a bifurcated patent system, under which infringement and validity of a patent are established in separate proceedings. Because validity proceedings normally take longer to conclude, it can occur that remedies for infringement are imposed before a decision on the patent’s validity is available. This phenomenon is colloquially known as the ‘injunction gap’ and has been the subject of increasing criticism over the past years. In this article, I examine the injunction gap from the perspective of the right to a fair trial enshrined in Art. 6 of the European Convention on Human Rights. I find that the case law of the European Court of Human Rights interpreting this provision supports criticism of the injunction gap, because imposing infringement remedies with potentially far-reaching consequences before the validity of a patent has been established by a court of law arguably violates defendants’ right to be heard. Such reliance on the patent office’s grant decision is no longer warranted in the light of contemporary invalidation rates. I conclude that the proliferation of the injunction gap should be curbed by an approach to a stay of proceedings which is in line with the test for stays as formulated by Germany’s Federal Supreme Court. Under this test, courts should stay infringement proceedings until the Federal Patent Court or the EPO’s Board of Appeal have ruled on the validity of a patent whenever it is more likely than not that it will be invalidated.

scholarly journals The Relevance of Inequality Research in Sociology for Inequality Reduction

2021 ◽  
Vol 7 ◽  
pp. 237802312110201
Author(s):  
Thomas A. DiPrete ◽  
Brittany N. Fox-Williams
Keyword(s):  
Social Sciences ◽  
Social Policy ◽  
Social Inequality ◽  
Large Scale ◽  
Sociological Research ◽  
Life Chances ◽  
The Past ◽  
The Social ◽  
Large Scale Change ◽  
The Subject

Social inequality is a central topic of research in the social sciences. Decades of research have deepened our understanding of the characteristics and causes of social inequality. At the same time, social inequality has markedly increased during the past 40 years, and progress on reducing poverty and improving the life chances of Americans in the bottom half of the distribution has been frustratingly slow. How useful has sociological research been to the task of reducing inequality? The authors analyze the stance taken by sociological research on the subject of reducing inequality. They identify an imbalance in the literature between the discipline’s continual efforts to motivate the plausibility of large-scale change and its lesser efforts to identify feasible strategies of change either through social policy or by enhancing individual and local agency with the potential to cumulate into meaningful progress on inequality reduction.

scholarly journals Cyber Attacks, Information Attacks, and Postmodern Warfare

2017 ◽  
Vol 10 (1) ◽  
pp. 63-89 ◽  
Author(s):  
Jozef Valuch ◽  
Tomáš Gábriš ◽  
Ondrej Hamuľák
Keyword(s):  
International Law ◽  
Subject Matter ◽  
Case Law ◽  
Cyber Attacks ◽  
Armed Conflicts ◽  
Information Warfare ◽  
Law Of War ◽  
Legal Rules ◽  
The Subject ◽  
The Relationship

Abstract The aim of this paper is to evaluate and differentiate between the phenomena of cyberwarfare and information warfare, as manifestations of what we perceive as postmodern warfare. We describe and analyse the current examples of the use the postmodern warfare and the reactions of states and international bodies to these phenomena. The subject matter of this paper is the relationship between new types of postmodern conflicts and the law of armed conflicts (law of war). Based on ICJ case law, it is clear that under current legal rules of international law of war, cyber attacks as well as information attacks (often performed in the cyberspace as well) can only be perceived as “war” if executed in addition to classical kinetic warfare, which is often not the case. In most cases perceived “only” as a non-linear warfare (postmodern conflict), this practice nevertheless must be condemned as conduct contrary to the principles of international law and (possibly) a crime under national laws, unless this type of conduct will be recognized by the international community as a “war” proper, in its new, postmodern sense.

D. Robert Ladd (1996). Intonational phonology. (Cambridge Studies in Linguistics 79.) Cambridge: Cambridge University Press. Pp. xv+334.

Phonology ◽  
1998 ◽  
Vol 15 (1) ◽  
pp. 115-118
Author(s):  
William R. Leben
Keyword(s):  
Subject Matter ◽  
English Teachers ◽  
Linguistic Theory ◽  
Basic Material ◽  
Cambridge University ◽  
The Past ◽  
Look Back ◽  
Basic Goal ◽  
The Subject ◽  
Reasonable Price

Ladd's Intonational phonology is a substantial addition to an area that has only recently ‘arrived’. Fortunately for the field of intonational phonology, the past two decades have seen a number of seminal contributions from phonologists, including Mark Liberman, Gösta Bruce, Janet Pierrehumbert and Ladd himself. Work on intonation, which has advanced in sync with modern linguistic theory, can also look back on quite a number of rather specific studies by phoneticians and rather general descriptive accounts by linguists and English teachers on this continent and in Europe.The book's basic goal is to present the subject matter of intonational phonology to the non-specialist linguist. The material is not only summarised but also accompanied by critical comments. Ladd's goal of keeping the book accessible to the non-specialist may limit the depth of the presentation of the basic material and the definitiveness of the critical comments, but for many this will be a reasonable price to pay for breadth of coverage.

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