Pobierz plik (16-2013 Kmieciak.pdf)16-2013 Kmieciak.pdf797 kB

Patient Ombudsman’s Institutions
in Poland

In November 2013 there we will celebrated the fifth anniversary of the Polish
Patients’ Rights and the Patient Ombudsman Act. In the literature it is
noted that the recalled Act is the first Polish code of patients’ rights. It is also
underlined that due to this code patients are able to get familiar quickly with
information on their rights. The fifth anniversary of the adoption of the Act
invites us to reflect on the functioning of the Polish Office of the Patient Ombudsman.
After five years since its establishment there are positive as well as
negative opinions on the part of: politicians, scientists, medical professionals
as well as patients. As it turns out the existence of this office did not result
in elimination of other institutions acting for patients’ rights. In Poland, for
example there are other statutory bodies and non-governmental organizations
whose main task is to take care of people using for example hospital services.
Some of these institutions also use the title: Patient Ombudsman. There should
be made a more thorough analysis of these “medical stage actors”. It is also
worth to consider whether this visible multitude of the Patient Ombudsman
institutions is necessary in Poland

Pobierz plik (16-2013 Rudnicki.pdf)16-2013 Rudnicki.pdf674 kB

The role of testamentary form
in comparative background

The problem regarding form of testament stands between two crucial principles
of law: legal security and freedom of testation. The public wills can be considered
as the safest testamentary option, but, as it is complex to draw them up, it does
not fulfil the principle of freedom of testation. The position of such forms within
the testamentary law defines therefore how each system deals with the abovementioned
conflict of principles. The European models vary from the exclusivity
of the notarial will in the Russian tradition to the solely private will in the English
law. The German model (in which Polish regulation should be placed) offers the
testator many possibilities, but emphasises the role of the notarial will, trying
to balance the colliding principles. The aim of the thesis is to analyse the scope
of testamentary forms in the different European traditions and to discover the
axiological reasons for the significant differences between regulations in this field.

Pobierz plik (16-2013 Zysik.pdf)16-2013 Zysik.pdf1690 kB

Neuroscientific evidence in the Polish law
The paper discusses the problem of admissibility of scientific and especially neuroscientific
evidence in the Polish legal system. In the first part of the paper there
are discussed the methods of neuroimaging and there use in legal proceedings.
Then, the author focuses on the criteria of admissibility of scientific evidence in
Polish and American legal system. In the next part, the author attempts to identify
the threats connected with the misuse of the neuroimaging evidence in the
courtrooms. The last part contains a set of suggestions on how to change the Polish
legal system in order to prepare it for the use of the neuroscientific evidence.

Pobierz plik (16-2013 Walencik.pdf)16-2013 Walencik.pdf566 kB

Processing of personal data
by religious denominations versus
the powers of the Inspector General
for the Protection of Personal Data

People who have actually withdrawn from a religious denomination are entitled to
make a written demand requiring that this religious denomination should stop processing
their personal data and include the relevant information in the appropriate register
(for example, in the baptismal register). In such a situation, the internal law of this
religious denomination should define the procedure required in the exercise of control
powers (pertaining to information and rectification) by those people, which follows
from the provisions of the act on the protection of personal data. A religious denomination
has the exclusive right to determine its internal relations with its members or
persons who have regular contact with it, which means that these relations fall outside
the competence of the Inspector General for the Protection of Personal Data and courts
as bodies of the state. However, a religious denomination has to guarantee the exercise
of control powers by people whose data it processes. Put differently, it is obliged to
develop a suitable procedure regulating the abandonment of processing personal data.
The Inspector General for the Protection of Personal Data, for his part, is entitled to
ask religious organisations for an explanation as to whether such a procedure has
been introduced. If not, he should signal the irregularities in their processing of personal
data. This solution guarantees both the inviolability of the doctrine of religious
denominations by state bodies and the exercise of rectification powers by persons
whose data are processed by religious denominations. However, it is legitimate to make
a proposal de lege ferenda that this procedure should be included in the provisions of
the act on the protection of personal data, which is an act of generally applicable law.