Criminalisation of Beggars: the Causes and Consequences of the Phenomenon

All authorities desire to control various aspects of their subjects’ lives. Those in power claim to do it in the name of protecting the peace and safety of all citizens. For one of groups perceived to be the most dangerous is the one whose members evade formal or informal social control – they do not work, do not have a family or are estranged from them, they have no permanent home. Therefore, to make sure that no one is out of the reach of governmental control, criminal law is utilised against them and whole ways of life, and the everyday behaviours of vagrants and homeless people began to be criminalised. And this process is still ongoing. The law thus punishes a person for their personal identity, and not for specific improper or harmful behaviour undertaken by them. In this paper I would like to analyse the problem of criminalisation of beggars throughout Polish history, and present how it impacted (and still impacts) upon the lives of the poorest and the most excluded parts of Polish society.

Polish Employment Law in the Face of Digitization and New Technologies

The digital revolution, also called the fourth industrial revolution, constitutes another era of change, caused by the development of computerisation and modern technologies. It is characterised by rapid technological progress, widespread digitisation and an impact on all areas of life, including the provision of work. The changes affecting this area are so significant that there are proposals to remodel the definition of the employment relationship in the Labour Code. New forms of employment, which do not fit the conventional definition of an employment relationship, are emerging and gaining importance. An example could be employment via digital platforms. At the same time, there are also employment forms that do fit that definition, but deviate from the conventional understanding of the terms and conditions for performing work, which have undergone modification due to the use of new technologies. Teleworking, or working outside the employer’s premises, are examples of that. Employers get further opportunities to organise and control work, which often raises concerns due to the employee’s right to privacy, the protection of personal rights and personal data.

The Impact of the Ownership Structure of the Company Managing an Airport on its Functioning

This article tackles the problem of the ownership structure of the enterprises managing airports. The process of privatization of certain airports that has recently been conducted in France provoked a discussion about the possible effects of this process. The critical report of the Court of Auditors (Cour des Comptes), published after the privatization of the airports in Toulouse, Nice and Lyon, as well as the strong opposition to the privatization of Group ADP (managing the airports in Paris), leads to the conclusion that it is necessary to verify if the legal measures adopted in European Union’s and national legal systems are efficient and adequate to ensure the proper functioning of airports after privatization.

Nazi Crimes in Poland. A Never-Ending Search for Justice

This article deals with the model for prosecuting Nazi crimes committed in Poland in the light of the model presently used in international criminal law. It tries to answer the question: should the investigation of crimes of international law be handed over to transnational tribunals? Should they be hybrid tribunals involving a national factor, or completely supra-national tribunals like the International Criminal Court? Is it legitimate to transfer jurisdiction over these matters to national courts? The case of unpunished Nazi crimes in Poland may give a partial answer to this question. Certainly, various attempts made after World War II, including procedures brought before Polish courts, have contributed to understanding the function of international criminal law, and finding the answer to the question of the best model for prosecuting crimes of international law. At present, we also have the experience of international criminal tribunals, in particular the ICC, which is an efficient machine for prosecuting crimes of international law. Interesting conclusions can be drawn from its functioning that could improve the work of Institute of National Remembrance (IPN) prosecutors, and shed new light on the considerations regarding the prosecution of Nazi crimes in Poland after World War II.

Public Morality as a Legitimate Aim to Limit Rights and Freedoms in the National and International Legal Order

Domestic legislation and international instruments designed for the protection of human rights provide for general clauses allowing limitations of rights and freedoms, e.g. public morals. A preliminary analysis of the case-law leads to the observation that both national courts and the European Court of Human Rights, when dealing with cases concerning sensitive moral issues, introduce varied argumentation methods allowing them to avoid making direct moral judgments and relying on the legitimate aim of protecting morality. In the article the Authors analyse selected judicial rulings in which moral issues may have played an important role. The scrutiny is done in order to identify and briefly discuss some examples of ways of argumentation used in the area under discussion by domestic and international courts. The identification of the courts’ methods of reasoning enables us in turn to make a preliminary assessment of the real role that the morality plays in the interpretation of human rights standards. It also constitutes a starting point for further consideration of the impact of ideological and cultural connotations on moral judgments, and on the establishment of a common moral standard to be applied in cases in which restriction on human rights and freedoms are considered.

How Crime has Changed in a Universally Mobile Society, Based on the Example of Poland. A Research Concept

We live in a time of constant change. For modern societies, the period of the last 30 years is also a time of changes connected with the reconstruction of the surrounding reality. For Poland, it is also a period of changes in the political and economic systems. Such profound changes must also be followed by changes in the structure of crime. Technological changes and the mobility of societies are changing not only the methods but also the ways in which crimes are committed. New types of crime are emerging, while ‘old crimes’ are changing or disappearing. The aim of this article is to outline the above issues within the context of a planned research project on the analysis of changes in crime, using the example of Poland.

Explaining the Meaning of ‘Grey Zones’ in Public International Law Based on the Example of the Conflict in Ukraine

In the Internet society, we are accustomed to the originators of creative works asserting strong protection of their output. Similarly, we witness extremely casual appropriation of works that is easier than ever to discover. Fashion products are an interesting case in this regard – through the relatively short history of the industry, protection of works has tended to be quite loose. Until recently, the consequences of copying in the fashion sector were not particularly serious, but the emergence of the connected society and the increased speed and scale of this copying threaten to cause more noticeable damage. The awareness that new threats call for a more serious approach to protection of creations requires examination of how and whether the familiar principles of copyright law can be applied to fashion designs and products, and to what extent. This paper outlines the background to such protections in the fashion industry, including examples of both strong and relaxed approaches by industry players. There is a brief presentation of case law that demonstrates how copyright principles can be applied to fashion, while also noting the role of society in applying the norms that determine the extent to which laws, once written, can actually be applied.

The Application of EU Law by Polish Courts. General Remarks on 15 Years of Experience

The Court of Justice of the European Union operates on a case-by-case basis. This means that its decisions normally relate to specific problems occurring in a specific Member State. Consequently it is often hard to ‘translate’ this case law into the national legal system of a different Member State. Nevertheless the case law of the Court of Justice has consequences not only for the individual Member States. It also has harmonising effects. In this sense, the principles of primacy and of direct effect of EU provisions, as well as the obligation to interpret domestic law in conformity with EU law, operate as the minimum requirements which the legal systems of Member States must fulfil. Poland joined the European Union in May 2004. At that time the number of Member States increased to 25. The existence of avenues of judicial protection in the EU raised a number of questions from the very beginning. Now, after 15 years of experience it is time to consider the standard of application of EU law by Polish courts.

Copyright – an Ally for Fashion in the Intellectual Property Rights System?

In the Internet society, we are accustomed to the originators of creative works asserting strong protection of their output. Similarly, we witness extremely casual appropriation of works that is easier than ever to discover. Fashion products are an interesting case in this regard – through the relatively short history of the industry, protection of works has tended to be quite loose. Until recently, the consequences of copying in the fashion sector were not particularly serious, but the emergence of the connected society and the increased speed and scale of this copying threaten to cause more noticeable damage. The awareness that new threats call for a more serious approach to protection of creations requires examination of how and whether the familiar principles of copyright law can be applied to fashion designs and products, and to what extent. This paper outlines the background to such protections in the fashion industry, including examples of both strong and relaxed approaches by industry players. There is a brief presentation of case law that demonstrates how copyright principles can be applied to fashion, while also noting the role of society in applying the norms that determine the extent to which laws, once written, can actually be applied.