Pobierz plik (14-2012 Adamczyk_Surdykowska.pdf)14-2012 Adamczyk_Surdykowska.pdf426 kB

Trade unions and the development
of participation in transnational

The article discusses the relationship between trade unions and other forms of
employee representation, analyzed in European dimension. Authors state that
despite the general decline of trade union power in the developed countries, the
principles of the European social model provide the trade unions in the European
Union with the possibility to shape industrial relations at the national
level. The main challenge, however, is the ability of trade unions to increase
their impact on the European level, as the economic integration progresses.
Authors point out that the EU legislator consistently shows preferential attitude
towards development of participatory (non-union) forms of employee
representation. This attitude can be perceived both in primary and secondary
EU law. Development of such bodies as European Works Councils allows i.a. to
mitigate effects of constant restructuring. However, EU institutions have clearly
distanced approach to the legislative support of cross-border cooperation of
trade unions. The latter, focused on the national objectives and devoid of EU
instruments of effective fight for the rights of employees are not able to perform
their functions at the European level. With the progressing macroeconomic
integration this situation may undermine their ability to influence and shape
the working conditions. According to authors, development of participation at
the European level, without an adequate progress of trade unions cooperation,
will not stop the threat to the social cohesion of the EU, which they consider to
be progressive stratification of income.

Pobierz plik (14-2012 Bojańczyk.pdf)14-2012 Bojańczyk.pdf330 kB

Dissents in Criminal Procedure
The paper discusses dissenting opinions in criminal procedure. It starts by pointing
out that inevitably all judicial systems have to deal with voting in decisionmaking
by courts composed of multiple judges. Two model solutions are feasible
here: either adopting a system based on an absolute unanimity (which generally
would always require a retrial in case the court splits on any issue) or a system
that accepts natural divisions among judges that sit on the bench and hear
and decide criminal cases together and therefore rests on a majority principle.
A dissent is a vote cast by any judge sitting on the bench against the majority
votes on any issue being decided by the court, be it legal or factual. However, in
practice (both in procedural provisions and in legal writing) only those dissenting
votes (opinions) that can be or are made public are referred to as dissents. The
paper proceeds on to analyze the various legal functions of such dissenting votes
(opinions) in criminal procedure. It then presents a detailed and critical historical
overview of various regulations of a dissenting vote or opinion adopted by the
legislator in Poland over a period of eighty years, beginning with the first Polish
Code of Criminal Procedure (1928) up to the present Code of Criminal Procedure
of 1997. It closes with a proposal of possible amendments to the regulations
being currently in force.