scholarly journals Zawieszenie rekrutacji w szkolnictwie wyższym

2020 ◽  
Vol 6(161) ◽  
pp. 99-116
Author(s):  
Łukasz Kierznowski
Keyword(s):  
Higher Education ◽  
Scientific Literature ◽  
Case Law ◽  
Administrative Law ◽  
Constitutional Principle ◽  
University Recruitment ◽  
Constitutional Tribunal ◽  
Legal Position ◽  
Administrative Courts ◽  
The Individual

The aim of the study is to compare the admissibility of suspending (and in fact — annulling, abandoning) already announced and commenced recruitment in higher education, as recently approved in the case law of administrative courts, with the requirements of the constitutional principle of protecting trust in the state and law and the second degree principles derived from it, as well as to demonstrate the effects on the legal position of the individual of the consolidation of such a position and its dissemination in university recruitment resolutions in connection with new statutory regulations in the area of law on higher education and science. The study makes use of the scientific literature on constitutional and administrative law, the jurisprudence of the Constitutional Tribunal and administrative courts, and, auxiliary, other sources.

scholarly journals How Far Is It from Warsaw to Luxembourg and Karlsruhe: The Impact of the PSPP Judgment on Poland

2020 ◽  
Vol 21 (5) ◽  
pp. 1104-1115
Author(s):  
Stanisław Biernat
Keyword(s):  
European Integration ◽  
Rule Of Law ◽  
Case Law ◽  
Eu Law ◽  
Member States ◽  
The Rule Of Law ◽  
Eu Member States ◽  
Constitutional Tribunal ◽  
Legal Position ◽  
The Impact

AbstractA concern was voiced in commentaries after the PSPP judgment that the BVerfG’s position regarding the refusal to apply in Germany the CJEU judgment as issued on an ultra vires basis might be used in EU Member States infringing the rule of law, and the independence of the judiciary in particular. This issue is presented in relation to Poland. The article sets out the constitutional provisions which proclaim openness to European integration, as well as the union-friendly case-law of the Constitutional Tribunal (CT) until 2016. The CT jurisprudence at that time provided, however, for the possibility of refusing to apply EU law in exceptional situations, even though this never happened. Next, the article discusses endeavors of the new Polish authorities since the end of 2015 which drastically breach the rule of law in the field of the judiciary, as well as the measures taken by EU institutions to counteract these adverse phenomena. The Polish authorities argue that the competence to define the legal position of the judiciary has not been conferred on the Union and remains within the exclusive competence of the Member States. Such a stance was also taken by the politically dependent CT in April 2020. The PSPP judgment was therefore welcomed with joy by Polish politicians. There are major differences, however, between the rulings of the BVerfG and those of the Polish CT in its current composition, and the hopes pinned on the PSPP judgment by the Polish authorities are unfounded.

scholarly journals Public danger as a sign of administrative offences

2019 ◽  
pp. 30-36
Author(s):  
Natal'ya Anatol'evna Akhtanina
Keyword(s):  
Russian Federation ◽  
Public Discourse ◽  
Statistical Data ◽  
Scientific Literature ◽  
Case Law ◽  
Administrative Law ◽  
Clear Definition ◽  
The Subject ◽  
The Russian Federation ◽  
Definition Of

The subject of this research is the earlier and currently active norms of administrative legislation regulating the concept of legal offense as well as scientific literature devoted to this topic and statistical data on administrative offenses from the Russian case law. The author analyzes the essence of the signs of administrative offenses. The importance of this topic is substantiated the fact that the concept of legal offense is one of the main categories of the administrative law of the Russian Federation. Analysis is conducted on the various approaches of scholars in administrative law towards definition of this concept. The novelty of this research is defined by the importance of clear definition of the concept of administrative offense due to introduction of the New Code on Administrative Offenses of the Russian Federation into public discourse. Considering the sign of public danger of an administrative offense, the author proposes formulating Article 2.1 of the Code of the Russian Federation on Administrative Offenses in the following way: “Administrative offense is a committed punishable action or inaction of a private or legal entity, posing public danger, and carries administrative liability established by this Code or a law of a subject of the Russian Federation”.

scholarly journals Constitutional principles in public administrator's decision-making under the case law of the Supreme Administrative Court of Lithuania

2018 ◽  
Vol 2 (1) ◽  
pp. 109-115
Author(s):  
Ieva Deviatnikovaitė
Keyword(s):  
Decision Making ◽  
Public Administration ◽  
Judicial Review ◽  
Case Law ◽  
Constitutional Court ◽  
Constitutional Principle ◽  
Family Names ◽  
Administrative Courts ◽  
The Republic

This paper serves few purposes. First, it examines the principles of public administration in Lithuania. Good administration principle is analysed as constitutional principle relying on the case law of the Supreme Administrative Court of Lithuania. Second, it explores impact of the decisions of Constitutional Court of the Republic of Lithuania to the contemporary judicial review of Lithuanian administrative courts. Therefore, one of the latest rulings of the Supreme Administrative Court of Lithuania related to the spelling of names and family names in the passports of citizens of the Republic of Lithuania will be reviewed.

Legal Position of Administrative Courts in Poland

2021 ◽  
Vol 23 (5) ◽  
pp. 526-539
Author(s):  
Marcin Wiącek
Keyword(s):  
The State ◽  
Legal Problems ◽  
Constitutional Tribunal ◽  
Legal Position ◽  
Administrative Courts

Abstract The article concerns the administrative judiciary in Poland. Firstly, the Author discusses the legal bases (in particular, the constitutional bases) and the scope of competence of Polish administrative courts, that is to say the ‘voivodeship’ administrative courts (courts of first instance) and the Supreme Administrative Court (court of second instance). Administrative courts in Poland are, in general, the “courts of cassation”, which means they may only control the legality of administrative decisions and may not determine the state of facts, nor replace administrative decisions by their judgments. Administrative courts are vested with the competence to apply the Constitution and they actively cooperate with the Constitutional Tribunal (in particular, by addressing ‘questions of law’ to the Tribunal). Secondly, the Author presents the scope of competence of the Commercial and Financial Chambers of the Supreme Administrative Court and considers selected legal problems in the administrative courts’ jurisprudence in commercial and financial cases.

On Selected Issues Concerning Foundation Law in Poland

2019 ◽  
Vol 78 ◽  
pp. 280-295
Author(s):  
Edyta Litwiniuk
Keyword(s):  
Decision Making ◽  
Civil Society ◽  
Case Law ◽  
The State ◽  
Democratic State ◽  
Constitutional Tribunal ◽  
Legal Position ◽  
The Republic ◽  
Statutory Regulation

This paper is an attempt to assess selected aspects of the state of foundation law in Poland in relation to the legal position that the Constitution of the Republic of Poland has granted them. The text analyses selected statutory solutions in the light of separable patterns for reviewing their compliance with constitutional principles and values. In the author’s opinion, the provisions of the Polish Foundations Act and the regulations concerning the financing of foundations violate the constitutional standards of the Republic of Poland. In particular, it has been found that foundation law contains many loopholes, the filling of which requires the use of complicated interpretation techniques, which makes it impossible to ensure that the institution of the foundation is being and will be used properly as an element of civil society in a modern democratic state. Moreover, the opinion was presented that the functioning of foundations is excessively influenced by executive bodies, run by active politicians. This concerns, first of all, the unclear principles of supervision over foundations’ activities, and excessive powers to issue the executive regulations included in the Foundations Act, as well as the principles of the allocation of funds towards grants by the National Freedom Institute, based on a disproportionate freedom of decision making. For these reasons, the author postulates the adjustment of the Polish statutory regulation, dating back to the period of the Polish People’s Republic, to the constitutional standards introduced by the Constitution of 1997 and enshrined in the case law of the Constitutional Tribunal.

scholarly journals The Contemporary Significance of the Principle of Proportionality in Tax Law

2021 ◽  
Vol 26 (4) ◽  
pp. 37-51
Author(s):  
Artur Mudrecki
Keyword(s):  
General Principle ◽  
Case Law ◽  
Daily Basis ◽  
Tax Law ◽  
Constitutional Interpretation ◽  
Law System ◽  
Constitutional Tribunal ◽  
Administrative Courts ◽  
Principle Of Proportionality ◽  
Limited Scope

Abstract The principle of proportionality plays a key role in shaping the principles of the tax law system, as it is an important element in the protection of taxpayer’s rights. The interpretation directive related to the principle of proportionality has a doctrinal, normative, and jurisprudential character. It is an EU and constitutional standard and should become a rule used on a daily basis in the practice of tax authorities. As a general principle of tax law, it is addressed to the legislative, executive, and judicial authorities. The article analyses the case law of the CJEU, the Constitutional Tribunal and the Supreme Administrative Court, which leads to the following conclusions. The CJEU quite often refers to the principle of proportionality in its jurisprudence and has developed a jurisprudence doctrine based on the doctrine of law. The Constitutional Tribunal, although in a limited scope, also employs the principle of proportionality. In disputes between tax authorities and taxpayers, Polish administrative courts apply the principle of proportionality using a pro-EU and pro-constitutional interpretation.

scholarly journals The Supreme Court of Canada, the House of Lords, the Judicial Committee of the Privy Council, and Administrative Law

1969 ◽  
pp. 5
Author(s):  
D. H. Clark
Keyword(s):  
Supreme Court ◽  
Case Law ◽  
Administrative Law ◽  
Supreme Court Of Canada ◽  
Privy Council ◽  
House Of Lords ◽  
Mumbo Jumbo ◽  
The Supreme Court ◽  
The Law ◽  
The Individual

The Supreme Court of Canada's contribution to the jurisprudence of administra tive law has been weak and fitful, erratic and lacking in attention to the principles of its own previous decisions. Failure to articulate points of distinction between its decisions has led to uncertainty in the law. The speaker suggested that the insufficiency of the Court's reasoning and the inadequacy of its citation might be reduced if judgments were more often delivered by more members of the Court thus increasing the individual research and writing of the Court so that its earlier fcmons would be kept in view and the case law developed more coherently. Furthermore, the Court should foUow the House of Lords in not considering itself bound by ds own decisions. The speaker regretted the Court's tendency to take mechanically conceptualise approach to substantive administrative law issues- if Canadian courts are to keep pace with those of other jurisdictions, the Supreme Court of Canada cannot continue to use outworn mumbo-jumbo as substitute for identifyltZtJ «»*"*»* societal interests that are the stuff of /hefPe?kfr aho discussed and compared the contributions of the House of Lords and of the Judicial Committee of the Privy Council. Although it has fewer members the House of Lords has more dissenters in administrative law decisions than the Supreme Court of Canada, (whereas the Privy Council until 1966 could not have dissent). While the S.C.C. has been inconsistent and weak, the Privy Council has been consistent and weak. Although there have been occasional achievements, between 1951 and 1971 the Privy Council rendered series of regressive decisions that impaired coherent development of the administrative law in England and in the Commonwealth. ReidZhh^ i*' f" H0USe °f Lof* under the influenc* of the late Lord h^'^nuJf has enjoyed as most creative °n TegreSSiVe period inPrivy relation Council to public decisions> law si™ However *• earlyhaknZd 1960's mnnt rxiicc ft ££Icrt has*eenperfo

The Impact of the Pan-European General Principles of Good Administration on Croatian Administrative Law

2020 ◽  
pp. 688-706
Author(s):  
Lana Ofak
Keyword(s):  
Human Rights ◽  
Legal System ◽  
Case Law ◽  
Administrative Law ◽  
European Convention ◽  
Administrative Courts ◽  
Administrative Proceedings ◽  
The Impact ◽  
Lack Of Knowledge

This chapter discusses the impact of the pan-European general principles of good administration on the Croatian legal system. It discloses that such an impact is especially discernible in the field of administrative proceedings as Croatia had to reform the system thereof in order to stay in line with Article 6 of the European Convention on Human Rights. However, it goes on to reveal that the case law of the Croatian administrative courts shows that, to a certain extent, a lack of knowledge of the said principles persists. This can be attributed to the cases of overly formalistic applications of law stemming from a deep-rooted legacy of ‘passive’ administration that calls for change.

UNIVERSITIES SPORTS MANAGERS ON DUAL CAREER

2019 ◽  
Vol 4 ◽  
pp. 29
Author(s):  
Ilvis Ābeļkalns ◽  
Ivars Kravalis
Keyword(s):  
Higher Education ◽  
Scientific Literature ◽  
Higher Education Institutions ◽  
Successful Implementation ◽  
Dual Career ◽  
Individual Interviews ◽  
Dual Careers ◽  
The Individual ◽  
Theoretical Insight ◽  
Article Study

The aim of this article is to give an overview on possibilities for students – top athletes to combine their career in respective sports field with studies in different Latvian higher education establishments. Authors of the article analyse scientific literature and the opinions expressed in the individual interviews of the heads of higher education institutions of Latvia as well as officials of State departments responsible for Sports regarding support opportunities that are important for the promotion of dual careers for students – top athletes. Authors of the article study and analyze the possibilities for top athletes to obtain higher education and opportunities to improve the training process. The article gives a theoretical insight and analyzes the results of surveys led by sports managers in Latvia's higher education institutions. After processing the responses, recommendations for the management of the dual career process in higher education institutions have been developed, which could help to achieve a successful implementation of dual career for athletes in Latvia. 

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