Numer 5 (49)

Social Security of the Informal Carers of the Dependent Persons. Polish Solutions Against the Chosen Foreign Systems

The subject of this study is to present the problems concerning the social security of the informal carers of the dependent persons. Author discuss the solutions adopted in Germany and Austria, as a basis for the analysis of the polish regulations, formulating postulates of their transformation to better meet the demographically conditioned social needs.

Pobierz plik (Lach.pdf)Lach.pdf517 kB

Merger, Division, Transformation and Acquisition of Companies under the New Act on Liability of Collective Entities. General Issues and Divisions

This paper highlights selected issues concerning the new regulation of mergers, divisions, transformations and acquisitions of companies under the proposal for the new Act on Liability of Collective Entities for Acts Prohibited under the Penalty. The new While the old Act of 2002 does not create any regulation in that sphere of company law and its practical usage is marginal, the undisputed position of legal doctrine is that the rules of universal succession (for mergers and divisions), created in the field of company law, cannot be transposed into the area of repressive liability of collective entities. The new Act not only changes that status, creating its own, direct regulations of succession and continuation of liability in case of mergers, divisions and transformations of collective entities (companies), but also adds rules on such succession even in connection with simple and massive transactions of acquisition of companies and their assets.

Pobierz plik (Pawelec.pdf)Pawelec.pdf374 kB

Mediation in Disciplinary Proceedings Against Members of the Academic Community

This article considers mediation in disciplinary matters against academic teachers,PhD students and students. The analysis was carried out against the backgroundof the new Act of 20 July 2018 – Law on Higher Education and Science and theRegulation of the Minister of Science and Higher Education of September 25, 2018on the detailed mode of conducting mediation, explanatory proceedings and disciplinaryproceedings in matters of disciplinary liability of academic teachers, andalso the way of disciplinary penalties and their seizure. In the first part of the article,through the confrontation of the function and the importance of disciplinaryresponsibility with the functions of mediation proceedings, the legitimacy of theadopted legislative solutions in this area was assessed – introduction of mediationto disciplinary proceedings against academic teachers and the lack of sucha solution in the case of disciplinary liability of students and doctoral students.Then, there is a detailed analysis of the provisions relating to the mediation proceedingsallowed for the display of noticed errors and defects in legal regulations.

Pobierz plik (Bek_Sitarz.pdf)Bek_Sitarz.pdf530 kB

Supervision of the Prime Minister over the Activities of the President of the Energy Regulatory Office

The theme of the article is to analyze the supervision of the Prime Minister over the activities of the President of the Energy Regulatory Office. The aim of the article is to indicate the scope of the supervisory powers of the Prime Minister of the attitude to administrative proceedings conducted by the President of the Energy Regulatory Office, consisting, for example, in requesting access to the administrative case file. The author puts forward a thesis that the Prime Minister is not authorized to verify the manner of keeping matters reserved in accordance with EU and national law within the competence of the President of the ERO, in particular matters dealt with by administrative decisions related to the exercise of the regulatory function. As part of the study, the author discusses such issues as: control and supervision in public administration, the system position of the President of ERO, the scope of Prime Minister supervisory powers and Prime Minister supervisory powers in the context of procedural regulations. The article ends with the presentation of research results.

Pobierz plik (Domagala.pdf)Domagala.pdf318 kB

The Matter of Limitation Period of Administrative Penalties by the Example of Energy Law

The limitation period plays a crucial role in any legal system. It is commonly used in the fields of criminal and civil law. As for the administrative law, the regulation was introduced partially and in an inconsistent way. The Polish Constitutional Court pointed out, that one cannot claim its right or even expectative for setting up the limitation period in the field of administrative law. Nonetheless, once introduced in the legal system, the limitation period has to fulfill the requirements resulting from the Constitution. As for the energy law, the limitation period was introduced in 2015 by providing the reference to the provisions of Tax Code. However, the reference to the provisions of Tax Code concerning the limitation period were partially removed just one year later. The reform of Administrative Procedure Code introducing inter alia the rules for the limitation period of imposing and executing administrative penalties, was supposed to provide the general provisions applicable to all persons and legal entities. Nevertheless, due to the inconsistent regulations contained in multiple legal acts, such as the Energy Act, the usage of limitation period still casts doubt.

Pobierz plik (Kaminski.pdf)Kaminski.pdf324 kB

The Influence of the Definition of Stationary Technical Unit on Meeting the Criteria of Participation in the EU Emission Trading System

The transposition of the EU ETS directive in Poland causes several interpretation problems. The biggest concern is caused by the imprecise definition of the stationary technical unit, which forces the installations’ operators to function in state of uncertainty. The primary reason for this is that the word unit in Polish language might be translated in various manners. The choice of Polish legislator does not allow the operators that have several devices that only jointly meet the requirements of Annex I of the EU ETS directive to have the capability of defining whether they will be regarded as one installation or several technical units that do not meet the participation criteria of EU ETS. The problem of practical nature, which is shown by the response of Ministry of Environment of Republic of Poland to the author’s motion for disclosure of public information. The article focuses on the problem itself, the Ministry of Environment response, as well as de lege ferenda considerations.

Pobierz plik (Piekut.pdf)Piekut.pdf337 kB

W latach 2022-2024 czasopismo Forum Prawnicze finansowane jest w ramach projektu Rozwój czasopism naukowych ze środków Ministerstwa Edukacji i Nauki na podstawie umowy nr RCN/SN/0611/2021/1. Łączna kwota wsparcia ze środków Ministerialnych wynosi 28 000 PLN. Celem pozyskania Funduszy przez Forum Prawnicze jest podniesienie poziomu praktyk wydawniczych i edytorskich, zwiększenie wpływu czasopisma na rozwój nauki oraz utrzymania się czasopisma w międzynarodowym obiegu naukowym.

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