Lab

Bronislaw Sitek's Lab

Institution: SWPS University

Featured research (8)

Global reality is primarily characterized by multiculturalism and, at the same time, by a conflict of values. Among other things, this phenomenon occurs between the principle of openness of public administration activities and the right to privacy. Contemporary public administration, broadly understood, has a huge amount of data or information on private individuals. Unauthorized or unlawful disclosure may be considered by the courts as a violation of the right to privacy. The aim of the study is to analyze, not only the confrontation of the principle of transparency of public administration activities with the right to privacy, but also to present examples of possible areas of conflict. The research hypothesis is the statement that it is not always possible to fully implement the right of access to public information due to the need to protect the right to privacy. The basis for the analysis of the issue in question is the dogmatic interpretation of the provisions of international, EU and Polish law as well as the analysis of jurisprudence.
Zachowany fragment ustawy municypalnej lex Osca Tabulae Bantinae jest przykładem polityki Rzymu w stosunku do pierwotnych kultur na południu Italii. Rzymianie zachowywali język oraz lokalne zwyczaje, wprowadzając jednocześnie rzymskie regulacje prawne, stanowiące podstawą organizacji i funkcjonowania miasta. Historia tej ustawy jest również przykładem, w jaki sposób redagowano i zapisywano teksty prawne na przełomie II i I w. po Chr.
Selected systems of legal and institutional protection of the rights and interests of the state The Roman institution advocatus fisci, which was established during the reign of Emperor Hadrian, is the archetype and model for modern systems of protecting the rights and interests of the state. This new institution became indispensable after the separation of the assets (fiscus) from the Emperor's personal property. It was for its protection that it was necessary to create a legal and institutional system which would protect the rights and interests of the fiscus. As this institution developed, the rules or solutions were created which are binding in many modern systems. One of such rules is the obligatory participation of advocatus fisci in court proceedings to which the fiscus authorities are a party. Of course, since then, the political, economic and social conditions in which the modern state operates have changed. And, the globalization is reality which the state has to face today. Globalization is a process which covers almost all areas of human activity and, consequently, society in its organizational structures. It is visible, inter alia, in the field of interpersonal communication, education, creating and transferring information, creating attitudes and views, but also in building a normative or institutional space. Hence, today we talk about global or world economy or politics. The consequence of globalization, understood in such way, is the weakening of traditional interpersonal ties, especially family and religious ties, the gradual disintegration of traditional social structures based largely on friendship. In return for this, we are facing multiculturalism, axiological syncretism and an increase in the level of migration. The bond between the citizen and the state also weakens. The Internet communication allows us to feel like a citizen of the world. According to N. Brune and G. Garrett , the global economic development is asymmetric, where less developed countries gaining the most. And in countries with a high degree of economic development, uneven development in individual regions is noted. The German Lands (states) may be given as the examples, among which the richest is Bavaria and the poorest is Mecklenburg (Mecklenburg-Vorpommern - Western Pomerania). This asymmetry causes internal and external competition; it means competition between states and multinational corporations. Global economy has an impact on the organization and functioning of the modern state. It is visible, inter alia, in increasing the limitation of state intervention in the sphere of the economy through international agreements or European Union law, and increasing state responsibility for the actions of its public administration bodies, state legal persons or enterprises with state capital. Moreover, limitation of the state’s rights is also enforced by international corporations, which are sometimes stronger in terms of capital than individual states. This does not mean, however, that the state has ceased to perform its functions. Still, its tasks include ensuring military, internal, economic, social, cultural and environmental security. States play a big role in inspiring or constraining market trends . Hence, perhaps as never before, there is a need to protect the rights and interests of the state. The protection of the rights and interests of the state rests on the grounds set out in the constitutions and statutory provisions. It is implemented by institutions bearing different names, depending on the history and political solutions used in a particular country. It should be added that currently, in the world literature, there is no study in which an analysis and description of as many as seven different systems of protection of the systems of rights and interests of the state would be included. In Poland, the General Counsel to the Republic of Poland has been operating since 1st January 2017, under the supervision of the Prime Minister. This institution replaced the General Counsel to the Treasury, which operated from 2006 to 2016. The current model of this institution is based on the concept of strong centralization of activities. The catalog of tasks of the General Counsel has been significantly expanded, which not only performs legal representation on behalf of the State Treasury or the Republic of Poland and prepares legal opinions or gives opinions on legal acts, but also gives opinions on contracts concluded by stationes fisci or state legal entities. There is also Arbitration Court or Arbitration Commission within General Counsel Office. Undoubtedly, the Polish system of protecting the rights and interests of the state is one of the most extensive systems in the world. In Austria, there is a model of centralized legal protection of the rights and interests of the state. Finanzprokuratur is the institution responsible for this. The system position of the Financial Counsel’s Office in Austria is the result of adopting a centralized model of protection of the rights and interests of the state in a broad sense. This institution provides legal advice and representation in proceedings related to the interests of the state. In the case of federal authorities, providing of legal aid, and in particular the legal representation during a trial by the Financial Counsel's Office, is obligatory. In other cases, it is optional. An interesting fact in relation to Polish solutions is that the lawyers of the Finanzprokuratur's offices may provide legal assistance to foundations, funds with state capital, and even in some cases to federal states and local governments. Such a broadly defined subjective scope of the Financial Counsel’s Office results from the philosophy of the broadly understood state or public interest in Austria. In order to protect this interest, it is the Financial Counsel’s Office which undertakes actions, thus establishing uniform patterns and legal practices taken on the occasion of legal representation in the cases related to the protection of state interest (Bund). In Italy, Avvocatura dello Stato, which is part of the structure of the Ministry of Justice, is the institution responsible for the legal protection of the rights and interests of the state. It is a model of centralized protection of the rights and interests of the state, however, it has branch departments located at the appeal courts. These departments have far-reaching independence. The scope of protection of the rights and interests of the state covers civil, administrative and sometimes criminal matters. The Counsel’s Office performs this task before national and international courts and tribunals. In addition, the tasks of the Counsel’s Office include the preparation of legal opinions on the request of state bodies, initiation of proceedings, issuing opinions on draft acts, opinions at the request of public administration bodies for legal actions taken by them. In Spain, the existing General Office for Legal Service of the State (Abogacía General del Estado) is part of the organizational structure of the Ministry of Justice, under the department dealing with the State Legal Service (Servicio Jurídico del Estado). It is also a highly centralized institution with broad competences. However, the state attorneys, who are public officials, are the most important employees of the office. The scope of their competences is quite wide, as it includes legal representation, legal advice and concluding a settlement on behalf of their client. The characteristics of the Spanish solution are actions taken on the basis of an agreement between the office and the represented institution. State attorneys may undertake legal protection not only of state administration bodies, but also provincial bodies, state legal entities and even state capital foundations. In Switzerland, on the other hand, there is a model of decentralized legal protection of the rights and interests of the state. Nevertheless, the coordinating and supervisory function is performed by the Federal Department of Finance (Eidgenössischen Finanzverwaltung). Switzerland has a decentralized system of legal protection of the rights and interests of the state. Hence, the responsibility for protecting Switzerland's interests was divided between various supreme and cantonal bodies. In the provision of article 5, paragraph 2 of the Swiss Constitution, it was decided that state activities must be conducted in the public interest. This means that all authorities, including the executive bodies, are obliged to care for public interests. Only the coordinating function pursuant to the article 8 and 9 of the Ordinance of 17th February 2010 (Organisationsverordnung für das Eidgenössische Finanzdepartement - hereinafter: OV-EFD) was entrusted to the head (minister) of the Federal Department of Finance . The German system of protecting the rights and interests of the state is a typical model of a distributed system. Each authority must have a unit in its structure which deals with the legal protection of the rights and interests of a particular authority and the German state at the same time. Admittedly, the Public Interest Advocate - Vertreter des Bundesinteresses beim Bundesverwaltungsgericht was established to protect the public interest. However, the duty of this institution is only to join those proceedings pending before the Federal Administrative Court in which there is a need to protect this interest. Formally, the Public Interest Advocate Office is located within the structure of the Ministry of the Interior. The institution must also follow government instructions. However, it may decide not to proceed with the case. The United States has a specific system of protecting the rights and interests of the state. The development of this system has a history not shorter than that of modern systems of protection of rights and interests of many European countries, including Poland. The American system, although modeled on the English model, has its own characteristics and history, which is a reflection of the American way of creating state institutions and determining their competences. The center of this system is in the Department of State headed by Attorney General. The merger in one institution different - administrative, criminal and civil matters in which the interest of the United States is present is a characteristic feature of the American model of protecting the rights and interests of the state. The analysis of the system of protection of the rights and interests of the United States has shown that the Department of Justice is an extremely extensive supreme state institution, which also results from a very broadly defined area of tasks. The result is a size of budget unique in the world and the number of employees working there. Contrary to the European models, the selection of lawyers is organized in the Department of Justice. This short overview of all the discussed systems of legal protection of the rights and interests of the state allows to indicate some features of similarities and differences: Similarities • modern states have organized systems to protect their rights and interests, • the organization and functioning of these systems have historical conditions and they are related to the historical development of a particular country, • employees of such institution are subject to disciplinary liability for misappropriation of the law, • in many cases, legal representation of the state by these bodies is obligatory. Differences • various subject scopes of protection of the rights and interests of the state - the United States has the broadest range, • the systems of recruitment and training of human recourses employed in these offices are different (the most often they are attorneys and in Poland are the legal counsels of the General Counsel ‘s Office), • the system and level of lawyers' remuneration differ - in my opinion, it is the best in the United States, where the salary is adjusted to the place where the function is performed, • there are different placements of the bodies responsible for protecting the rights and interests of the state in the structure of the state - most often, these units are located in the Ministry of Finance, the Ministry of Justice or under direct supervision of the Prime Minister, as it is in Poland. Above mentioned similarities and differences indicate that it is not possible to create a single and universal optimal model for the protection of the rights and interests of the state. Each of them must be and it is adapted to historical, economic and social conditions, and above all, to the current concept of a particular country. However, the analysis of these systems is useful because knowledge of them allows for the development of a better concept and to adopt specific conditions of the system of protection of the rights and interests of a particular state. It also helps to understand the decisions made by the authorities of individual countries. In conclusion, it should be stated that the protection of the rights and interests of the state in the global world is still important to ensure that those countries can perform basic functions for society and for an individual human being. Those who protect these rights and interests, it means - lawyers employed in institutions protecting rights and interests, were rightly compared by the Roman emperor - Leo to a soldier fighting and giving their lives for their homeland. Lawyers are also fighters for the state, understood not only as a structure of public authorities, but also as a society. Lawyers fight by providing legal representation on behalf of the state or institutions associated with it, in writing legal opinions, giving opinions on draft legal acts or amicable settlement of disputes. And although today lawyers do not always enjoy social respect, which is reflected in numerous jokes, their work is fundamental to the stability and security of the state and society. One universal model of protecting the rights and interests of the state cannot be built. The variety of systems is the result of historical development and current political, economic and social conditions. However, the desire to increase efficiency is the common denominator of those systems. Bibliography Brune, N. Garrett, G. The Globalization Rorschach Test: International Economic Integration, Inequality, and the Role of Government, Annual Review of Political Science, 2005, p. 25 (1-35). Matyja, M. System polityczny Szwajcarii - uwarunkowania i główne instytucje, Annales Universitatis Mariae Curiae-Skłodowska, Lublin, vol. XXV.1, 2018, sec. K. pp. 73-88.

Lab head

Bronislaw Sitek
Department
  • FAculty of Law
About Bronislaw Sitek
  • Il boom economico registrato negli ultimi anni in Polonia, nonostante una globale crisi economica o, meglio, fiscale, è dovuto, tra i vari fattori, alle sovvenzioni unitarie e al conferimento di fondi nazionali destinati alla realizzazione di investimenti in infrastrutture, tra cui soprattutto in strade. La dinamica dello sviluppo economico osservata in Polonia negli ultimi anni è stata notata da altri paesi nonché da enti unitari. Di conseguenza, negli ultimi anni, la Polonia ha costruito 3164,9 km di strade veloci (autostrade e superstrade), il che fa piazzare il nostro paese al 6 posto in Europa in funzione di lunghezza di rete stradale di questo tipo . Si possono di seguito elencare anche altri investimenti realizzazi in Polonia negli ultimi anni: il programma governativo “Orliki 2012”

Members (5)

Tomasz Giaro
  • University of Warsaw
Jakub J. Szczerbowski
  • University of Łódź
Slawomir Kursa
  • SWPS University
Carmen Lázaro Guillamón
  • Jaume I University
Paulina Łazor-Fijałkowska
  • University of Warmia and Mazury in Olsztyn