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Criminal Liability for Use of Classified
Information Produced in the Course
of the Legislative Process

The article discusses the problem of insider trading based on information derived
from the legislative process. The author reviews and comments on the regulation
of insider trading in Poland and the European Union and draws comparative conclusions
with the corresponding laws applicable in the United States of America.
The author’s aim is to depict how information derived from the legislative process
is being protected by the said regulations. In order to emphasize the significance
of the issue the author gives practical examples of the correlation between the
price of financial instruments and the legislative process.

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Pobierz plik (Kmieciak.pdf)Kmieciak.pdf232 kB

Education in Patient Rights
Patients’ rights are a special category of human rights, which transpire to be
applicable in exceptional situations. While interacting with medical personnel,
a patient ‘must typically disclose intimate private information about their own
life. Interestingly enough, it is also when discussing the workings of the healthcare
system that the issue of patients’ rights land under the light of serious examination.
In recent times, opinions have surfaced according to which in the world of
medicine there can be seen a phenomenon of so‑called “disproportion of rights”
belonging to patients and staff, respectively. What is fervently emphasized in the
debates is a presumption that while the position of patients is most commonly
associated with the rights, the medical staff is depicted against the backdrop of
commitments and duties burdened upon them. Does this mean that patients do
not have any responsibilities? May intensified deliberations revolving around
the rights of the patient – while, intentionally or not, dodging the aspect of duties
– lead to fostering a “demoralization through the law” phenomenon? Aside
from these fundamental issues, this text also strives to address a question of
responsible conduction of teaching patients’ rights.

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Pobierz plik (Szafranski.pdf)Szafranski.pdf219 kB

The Right of Action of Public
Undertakings and Occupational
Organizations in Procedure
by the Constitutional Tribunal

The Polish Constitutional Tribunal have been asked several times to rule in energy
law cases. Among them one of the most important issues is right to action of
occupational organizations and public undertakings in procedure by the Constitutional
Tribunal. Occupational organizations have a right to initiate procedure
before Constitutional Tribunal with some limitations. Under Article 191 (4) of
Polish Constitution occupational organizations may make an application to the
Constitutional Tribunal if the normative act relates to matters to the scope of
their activity. Tribunal explained that any questioned act has to relate to matters
of professionals in energy sector and shall not relate to the whole energy sector.
Another issue relates to public undertakings – they haven’t right to initiate the
procedure before Tribunal due to their dependence from State Treasury. This point
is however controversial among judges at the Constitutional Tribunal. The author
supports case‑law to date.

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Pobierz plik (FLongchamps-2.pdf)FLongchamps-2.pdf249 kB

Political Division along Religious
Lines? Two Recent Decisions
of the US Supreme Court

In two recent decisions the Supreme Court of the United States interpreted two
religious clauses of the First Amendment. The legitimacy of legislative prayer was
not questioned, because of the decision in, Marsh v. Chambers, but Town of Greece,
N.Y. v. Galloway proved in 2014 that the prayer does not need to be neutral in its
content. Mentioning Jesus Christ and not a “generic” God is not unconstitutional.
For Europeans, the discussions resemble controversies around the presence of the
cross in public places like parliaments, classrooms etc. In Burwell v. Hobby Lobby
Stores, Inc., the Supreme Court agreed that even for-profit corporations could
have objection of conscience against generally applicable law, if a challenged
regulation is not the least restrictive mean of furthering compelling state interest.
The objection was to health insurance coverage for abortion-inducing drugs and
devices, as well as related education and counseling. The corporations in the case
were closely held, therefore there was no doubt whose objection of conscience
was discussed. In Poland, objection of conscience of individuals was questioned
in the public debate during last months.