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Pobierz plik (Szafranski_Slifirczyk.pdf)Szafranski_Slifirczyk.pdf327 kB

The Need to Diminish Restrictions on Access to Business in Poland

Every government in Poland tries to set up better conditions for the establishment and operation of a business undertaking. This goal could be realized by setting free the economy from limitations placed in laws. The process, referred to as “dereglamentacja” in Polish, has been growing in popularity in recent years. The authors have examined 53 forms of consents to the commencement of business activities and proposed a few suggestions as to how to change the law in order to ameliorate business done in Poland. First of all, it turned out that state officials find it difficult to identify the goals of certain limitations. This fundamental shortcoming in many cases calls into question the quality of drafting and enforcement of laws. Further, the authors claim that there is still some scope for changes, pertaining, inter alia, to lessening the number of information duties, doing away with some obligations imposed on entrepreneurs, or reconsidering if there is indeed a true need to provide different registers gathering effectively the same information.

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Pobierz plik (Gorzula.pdf)Gorzula.pdf335 kB

Scientific Proof in Criminal Procedure in the Light of Informational Epistemology

The paper discusses a problem created by underestimating scientific proofs within criminal procedure. For the purpose, the concept of so-called expected information content is used. The Daubert Standard is not an adequate criterion for a separation of scientific and pseudoscientific methods. Measurement of evidence value requires taking into consideration informational content and probability. Only taking into account both measures – in certain proportion – allows to avoid paradoxes generated by classical diagnostic indicators, naive Bayesianism and falsificationism.

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Pobierz plik (Pelka.pdf)Pelka.pdf339 kB

Ronald Dworkin on the Right to Euthanasia

The article tackles the problem of euthanasia from the perspective of the ideas developed by an American legal philosopher Ronald Dworkin. In the first part the essential elements of his conceptions are described. The most important is Dworkin’s view on the nature of the dispute concerning euthanasia and the distinction between a derivative and a detached understanding of the value of human existence. This part also lays out a classification of categories of people in respect of whom euthanasia could be applied and a division is made between experiential and critical interests, which in turn provides a basis for establishing the criteria for assessing the correctness of decisions involving the taking of the life of ill patients. Considerations are also made with regard to the seminal concepts in Dworkin’s system, such as autonomy, beneficence and dignity. The second part of the article presents a critique of arguments put forward by the author of “Life’s Dominion”. The main objection is directed against Dworkin’s understanding of the doctrine of sanctity of life. Additionally, the article points out shortcomings in his theory, including his insufficient discussion on slippery slope arguments, the principle of double effect, the distinction between ordinary and extraordinary medical procedures, and avoidance of consideration regarding the idea of palliative care. The paper ends with remarks about the need for reviewing the problem of euthanasia not from an extreme, individualistic viewpoint, as Dworkin does, but from a more social perspective.

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Pobierz plik (Tondera.pdf)Tondera.pdf336 kB

Thought Experiment as a Method of Legal Reasoning

The purpose of the article is to spell out the role thought experiments play in law, especially in its interpretation and application. A thought experiment understood, following Ernst Mach, Roy Sorensen, and Bartosz Brożek, as a way to confront a theory or a hypothesis with “intuitive knowledge” or, more widely “background knowledge” through a mental simulation of the imagined situation, is a way of reasoning applied not only in physics or philosophy, but used commonly in everyday reasonings, especially that of a normative nature. In law, thought experiments enable – through the reorganization of pre-existing knowledge and intuition – the realization of the possible consequences of a given normative or interpretative decision. This holds true especially when it comes to consequences that go beyond the scope of a given case. The article presents two extensive examples from the Polish judicial practice, where the basis for the decisions can be found in the results of prior thought experiments.

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Pobierz plik (Sierzputowski.pdf)Sierzputowski.pdf288 kB

The Takeover of a Movable Monument under Polish Law

The article outlines the problem of takeover of a movable monument under Polish law. It should be pointed out that the institution has a long tradition in the Polish legal system. Where there is a the threat of potential destruction, theft, loss or illegal export abroad, a movable monument may be taken over by the voivodeship inspector of monuments, by means of a decision, to become the property of the State Treasury, and made to serve a cultural, educational or tourist purpose, upon compensation in the amount equivalent to the market value of this monument being made. In the same circumstances, a minister competent for the culture and the protection of national heritage has a duty to issue a decision about a takeover of a movable monument signed on the List of Heritage Treasures. Obviously, the decision to take over a movable monument is a significant limitation of the right to ownership of the monument.

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Pobierz plik (Tusinski.pdf)Tusinski.pdf262 kB

Recent Amendments to the Act on Associations – Selected Issues

The paper focuses on the most important changes to the Polish Act on Associations. The 2015 amendments brought changes which had been proposed by non-governmental organizations and is a result of 25 years of the experience. The authors judge the changes as having an evolutionary character. The amendment satisfies current expectations, bringing the Law’s provisions in line with the relevant European standards. This is not to say that no further legislative works need to be carried out. Notwithstanding, the assessment of the recently amended provisions must be positive, and the fact that the legislator paid attention to non-governmental public activity shall be commended.

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Pobierz plik (Radwan.pdf)Radwan.pdf386 kB

Brexit – Legal Consequences and Jurists’ Speculations. Remarks on the Book by M. Kramme, Ch. Baldus, M. Schmidt-Kessel

The article is a review of a recent book edited by M. Kramme, Ch. Baldus, M. Schmidt-Kessel entitled “Brexit und die juristischen Folgen“ (Brexit and the legal consequences), Baden-Baden 2016. As the book comprises of more than a dozen of more or less loosely interrelated contributions, the review, apart from appraising the book’s structure, gives an annotated overview of each of the book’s chapters. These chapters are grouped into three larger parts covering: (1) the Treaty foundations and the legal framework of a Member State’s withdrawal from the Union (2) the impact of Brexit on selected areas of law, including, inter alia, company law, financial regulation, tax law, free movement of labour, and competition law; (3) the consequences of Brexit for Scotland and Northern Ireland.