Białostockie Studia Prawnicze

Białostockie Studia Prawnicze
University of Białystok · Institute of Law

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Publications

Publications (117)
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The paper concerns the system of government adopted in the French constitution of 1958 and its evolution in subsequent years. Some attention is given to the origins of the Fifth Republic, which was perceived by the most important creators of the aforementioned constitution as a renewed parliamentary regime. The evolution of this system took place i...
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The Fixed-term Parliaments Act 2011 received royal assent on September 15, 2011 and entered into force on that day. The assumption of the project promoters, was that passing this act would result in the repeal of the prerogative of the monarch who, on the prime minister’s advice, could at any time dissolve parliament and initiate parliamentary elec...
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The Federal Republic of Germany is a federal state. The general division of competences between the Federation and the Länder, by establishing a presumption of competence in favour of the Länder, shall be enshrined in a Basic Law. The system of division of powers emphasizes the need for the Federation and the Länder to work together in individual m...
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This article is devoted to the constitutional position of the Federal Government in Belgium. In the parliamentary system of government the cabinet is a body of executive power. However, according to the original version of the Belgian Constitution of 1831, there was no collegial body of the executive power. To this day the constitution still states...
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Currently, the only form of direct democracy in Estonia is the referendum. The Constitution of the Republic of Estonia adopted in 1992, provides for both obligatory and optional referendums. Constitutional, legislative and referendums related to certain issues are distinguished according to the subject matter of the vote. Th e institution was also...
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The existing grounds for granting and terminating Belarusian and Polish parliamentary mandates from the legal point of view are nowadays rather debatable. The article presents a comparative study of these legal categories based on the considerable historical, regional and legal similarity of the above neighbouring countries and their legal doctrine...
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The article deals with the political position and the role of the Knesset, the unicameral parliament of modern Israel. In the first instance, the author presents the constitutional status of the Knesset, whose legal basis for activity includes – in the absence of a classic written constitution – the Basic Act on the Knesset from 1958. Further refle...
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The article is devoted to analysis of the institution of the President in the Republic of Lithuania. It requires underlining that factors determining the position of the President in the State are: the manner in which the office is filled, the exercise period of his power of attorney (from the time of taking office to the end of the presidential te...
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The article is dedicated to the historical sources of constitutional principles contained in the Constitution of Ukraine (1996). The author focuses primarily on selected basic principles for the system of exercising power and legal order of the Ukrainian state, such as the principle of the republican form of the state, the principle of sovereignty...
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The article is devoted to the analysis of the constitutional foundations of the structure of the supreme federal authorities in the United Arab Emirates. According to the constitution these organs are: the Federal Supreme Council, the President and his Deputy, the Councils of Ministers, the Federal National Council and the Federal Judiciary. Each o...
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The article discusses the evolution of the constitutional position of the parliament of Tajikistan in the period from 1990 till 2016, which initially was a unicameral legislature Supreme Council of the Tajik Soviet Socialist Republic, and since 1994 the unicameral Majlisi Oli, which in 1999 was subsequently transformed into a bicameral parliament....
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The article presents the issues of the Fijian electoral system. As Fiji in the initial period of its existence was a British colony, its legal and political system was infl uenced by the Westminster form of government. Th e political system and the policy of independent Fiji have since been shaped by an ethnic factor, and more specifically the rela...
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The main purpose of this article is to explain the changes that have taken place in recent years in the political and constitutional system of the People’s Republic of China. It focuses on providing basic information about the characteristics of the Chinese system of government, presentation of the most important ideologies, description of individu...
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The subject of the article is the presentation of the system of government in the Nagorno-Karabakh Republic in the light of the Constitution of 20 February 2017, paying attention to the genesis and external conditions of the systemic changes in this country not recognized. The first basic law of this state was adopted only in 2006, and it constitut...
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If we were to list a few of the most controversial fragments of the United States Constitution, the Second Amendment would surely be one of them. In spite of the fact, that the Second Amendment is rather short, it abounds in phrases that are not necessarily understandable to modern-day readers. Terms such as militia, bear arms or security of a free...
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Hiszpański Trybunał Konstytucyjny (Tribunal Constitucional de España, dalej powoływany jako hiszpański akronim: TC) w przeszłości niejednokrotnie zajmował się w swoim orzecznictwie kwestią zgodności z Konstytucją Królestwa Hiszpanii (Constitución Española, dalej powoływana jako hiszpański akronim: CE) różnego rodzaju aktów normatywnych, związanych...
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The current Constitution of Uruguay directly points to the principle of representation as one of the fundamental principles of the political system. However, it does not explicitly specify whether this principle is implemented only by representative bodies, especially parliament, or whether the representative body may also be considered the head of...
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Naukę prawa konstytucyjnego w Argentynie charakteryzuje już od wielu lat niezwykle zróżnicowany zakres podejmowanych badań przez czołowych przedstawicieli tej dziedziny nauk prawnych. Wcześniej argentyńscy konstytucjonaliści koncentrowali swoje dociekania naukowe niemal wyłącznie na ustroju Republiki Argentyny, obecnie zaś obejmują nimi także syste...
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The article is devoted to the institution of Chancellor of Justice in Sweden, Finland and Estonia. The first part focuses on the genesis of this institution in the three countries. In the second part, the author presents the political position, functions and competences of the Chancellor of Justice. Part three deals with the role of this institutio...
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The effect of the modernization of the public finance administration, which consists of the consolidation of the previous organizational structures of the tax, customs and control administration, was the establishment of The National Revenue Administration from 1 March 2017. The authors focus on the presentation and assessment of selected legal ele...
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The article discusses the issues of fuel market control in the field of excise duty and fuel tax as well as VAT before the establishment of the National Fiscal Administration and changes to the structure of the fiscal authority and their impact on the efficiency of collection of these levies. The merger of the tax system with the parallel introduct...
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The ability to manage risk is an important element of public finance sector governance. It is possible due to the appropriate identifi cation of risk and the use of instruments that allow its management. One such instrument is the institution of management control which improves the governance of public fi nance sector entities in terms of a manage...
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The catalogue of the Bank Guarantee Fund’s tasks also includes the performance of controls in relation to the entities included in the deposit guarantee system, especially to national banks, branches of foreign banks conducting activities in Poland and cooperative savings and credit unions. The control actions of the Bank Guarantee Fund are above a...
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The protection of the Union’s financial interests takes place on many levels. It covers EU expenditure and revenues and involves both EU and national institutions. Among the institutions protecting the EU financial interests in expenditure, the managing authorities of operational programs play an important role, as they first have contact with bene...
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The metropolitan union in the Silesian voivodeship, formed in 2017, is an organizational unit of the public finances sector. It participates in the processes of gathering and spending public means subject to internal control (conducted by the union’s authorities) and external control (conducted by the Regional Accounting Chamber and the Supreme Cha...
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The fight against tax fraud and tax abuse is the fundamental principle of every European Union Member State resulting from the well-established case law of the Court of Justice of the European Union. Th is is also the purpose of the law-making process on value added tax laid down by the EU bodies. The CJEU case law referred to in this study shows t...
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The author comes to the conclusion that the development of legal regulation on issues of international cooperation in the area of taxation and the exchange of tax information allows us to positively characterize the process of using the best modern tax practices by the Russian Federation. The main directions of implementation of the BEPS Action Pla...
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In the Polish tax law system, general principles of law and tax procedure play an extraordinary role in the taxpayer’s rights protection structure. Their importance is difficult to overestimate in the context of frequent doubts related to the practical aspect of compliance with tax law provisions. This is because the principles constitute the axiol...
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This contribution deals with the analysis of the impact of changes in the fiscal control institution of entrepreneurs in Poland. The new legislation combined administrative tasks in one institution previously held by the tax and customs administration and fiscal control. Initially, the planned reform of the customs and tax administration was to con...
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This work analyses the provisions of Art. 33(1) of the Tax Ordinance Act, case law, and the achievements of the tax law which regulate the condition and criteria of securing the performance of a tax liability against the taxpayer’s properties in Poland. The main purpose is to confi rm the hypothesis that the condition of “reasonable fear” of a fail...
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This paper deals with the legal institute of advance tax rulings in the Czech Tax Code, which comparatively is moderately used by Czech tax entities - both natural persons and legal persons. The main aim of the contribution is to confirm or disprove the hypothesis that the legal institute of advance tax rulings is not just another form of tax consu...
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The aim of the paper is to analyse the impact of participatory budgeting (PB) principles and procedures on public values. PB means a year-long decision-making process through which citizens negotiate among themselves and with local government officials, generally in organized meetings, and then vote over the allocation of local spending. We hypothe...
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Participatory budgeting is nowadays the most widespread instrument of participatory democracy in the world. It appears in states with an established democratic system, in countries where democracy is being broken as well as in non-democratic states. Among the countries of Central and Eastern Europe it has probably developed to the biggest scale in...
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This article is devoted to the constitutional regulation of financial relations in Russia. The purpose of the study is to analyse the current state of the constitutional regulation of national economic relations and financial procedures existing in the state, as well as to evaluate twenty-five years of experience in implementing Russian constitutio...
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Recenzowana praca E. Ruśkowskiego pt. „Finanse publiczne i prawo finansowe. Instrumenty prawnofinansowe i warunki ich stosowania” przedstawia kompleksowe ujęcie problematyki finansów publicznych jako zjawiska społeczno-gospodarczego, które ma charakter wieloaspektowy i złożony. Jak słusznie zauważa autor w swojej pracy, finanse publiczne mogą być o...
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Modern technologies ask anew the old question about how employees can be checked during working hours so that legitimate interests of their employers are safeguarded. The answer cannot be solely technological, as the employees right to privacy, even in the workplace, is protected at the highest constitutional as well as international levels. Employ...
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In this paper the authors focus on the United Nations Guiding Principles on Business and Human Rights of 2011 which present the most ambitious international attempt to tackle the problem of business and human rights. The authors deal with the genesis and the added value of the UN Guiding Principles and analyze which legal tools may be used by victi...
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The aim of this paper is to investigate the (potential) impact of social dialogue on the operation of enterprises, mainly on the basis of legal provisions accompanied by practical evidence drawn from case law. This publication starts with the general context of social dialogue in the Polish legal culture. In this regard, it shows how social dialogu...
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Poland has made considerable progress in the implementation of Article 27 of the CRPD. Professional activity is one of the most important conditions for full inclusion and participation in society. Upon ratifying the Convention in 2012, Poland confirmed that persons with disabilities have the right to fully and equally enjoy all human rights. The l...
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This paper deals with possible avenues for enforcement liability of human rights violations that occur in less industrially developed countries. Since food, clothing and other economic goods are often produced in states where the rule of law may not be as effective as elsewhere, it is difficult to both establish and remedy the human rights violatio...
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In this paper the author analyzes the free movement of companies between EU Member States, one of the most essential conditions enabling the freedom of business in the European Union. It is obvious that in every European country, the constitution and/or legal order guarantees the basic fundamental rights for the people and settles the exercise of p...
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The European Union pays considerable attention to the problems arising from the differences in competitiveness between individual EU Member States and to the issue of increasing competitiveness of the European Union as a whole. The European Union perceives its competitiveness as a determining factor of its position in the global economy and the dif...
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This article focuses on the protection of human rights in disputes related to competition proceedings. The European Convention on Human Rights is regarded as a most effective instrument for the protection of human rights at the international level. National courts of the European Union member states have also developed specific systems for the prot...
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The article discusses a recent legal change in relation to inspections conducted by the Polish Office of Competition and Consumer Protection (the "OCCP") in light of the standards of procedural safeguards that should be available to companies during inspections of competition authorities as described by the European Court of Human Rights (the "ECtH...
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The present text addresses the specific nature of regulated professions in relation to the reasonable and justifiable restrictions as principles of free enterprise. Based on recent Czech experience, the article provides considerations and analysis identifying current trends in regulated self-governing associations with compulsory membership focusin...
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Slovenia is a country that in terms of the number of referendum votes held belongs to the forefront in Central and Eastern Europe. In the years 1996-2016, 16 legislative referenda were held, and 22 issues were put to the vote. Th is testifies to the opening of the political elite to the processes of democratization and the introduction of direct de...
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The institution of a citizens' legislative initiative has been functioning in the Polish legal order for over 20 years now. It is a very important instrument co-creating civil society because it is one of the forms enabling citizens to express themselves in topics that are of relevance for them. The subject of this article is to present parliamenta...
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Considerations undertaken in this article relate to requests to hold a referendum on abortion, which were submitted in the years 1989-2018. In the period covered by the research, the eligible entities submitted 7 initiatives, which in whole or in part concerned the postulate of conducting a nationwide referendum in the analyzed subject matter. Thus...
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The use of referendums as a way to complement representative democracy can pose fundamental risks to the democratic system of decision making, where the question on ballot paper lacks clarity either due to the complexity of the issue to be decided, or to poor phrasing. Another set of risks relate to the challenges of ensuring high standards of vera...
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Almost complete unanimity of the small Gibraltar community during 2016 referendum on Brexit remained nearly unnoticed because of including this British Overseas Territory into "combined electoral region" with South West England where most of people were in favour of the United Kingdom withdrawing from the European Union. No political diff erences w...
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The article presents the proceedings of the popular initiative "Expulsion of foreign citizens" that was launched by Swiss People's Party. The initiative aimed in contributing to internal security threatened by the criminality of foreigners in Switzerland by the controversial idea of expulsion of foreign criminals. The author presents the main idea...
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The subject of the article is the issue of the practice of using the Istanza d'Arengo institution in San Marino. The author will undertake attempts to assess to what extent this institution is used to implement ideas that were not taken up in the other two forms of direct democracy (referendum and civic legislative initiative). However, the subject...
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The article presents fundamental characteristics of legislative referendum as the most significant form of direct democracy in Slovenia. In addition, it examines the reasons leading to the amendment of constitutional arrangement of legislative referendum in Slovenia in 2013. Fundamental aspects of judicial and Constitutional Court control of legisl...
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Direct democracy or pure democracy is a form of democracy in which people decide on policy initiatives directly. The article focuses the referendum as the main instrument of direct democracy in Italy and the main purpose of the analysis is to discuss the benefits and handicaps of Italian referendum tools. Particularly the abolishment of the quorum...
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For many years, the problem of referendum has been explored as a subject of interest in political sciences, law, history and other social sciences, especially in the light of the ethnic confl icts. In the contemporary world, including the European Union, the processes of regionalization, ethnisation and democratization are dominant and occur simult...
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Democracy is the only form of governance, which historically gives people the opportunity to participate in state-run activities from the time of its immediate implementation. Article 5 of the Constitution of Georgia explains that people are the source of state power in Georgia and they exercise their power through a referendum, other forms of demo...
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Marriage is a successful institution and it makes sense to open it to as many people as possible. Th e issue of same-sex marriage sparked emotional and political clashes between supporters and opponents. Denial of marriage rights to same-sex people can be seen as a kind of discrimination. Th is paper explores legal recognition of same-sex marriages...
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The article mainly deals with mechanisms of direct democracy used under the state law of California. In the opening part, however, it explains the differences between the two main direct democracy devises: the initiative and referendum. It then provides overview of the basic rules of federal and state law on direct democracy pointing to the diff er...
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The value of human life has a basis in cultural norms, both moral and religious. In democratic states it is reflected in the right to life, which has become a foundation for all other human rights and freedoms. Nonetheless, in contemporary legal philosophical thought, the treatment of life as an absolute value and as absolutely inviolable is not th...
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The article by K. Laskowska presents the evolution in the approach of the state and of society to handicapped persons in Russia in the past and in the present. The author points to a number of problems that have been present for years in relationships of handicapped persons with other people (lack of understanding and support, dislike, and rejectio...
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Autism is a complex neurological disorder, one of the most important developmental disorders. The life and functioning of a person with the autism spectrum is very complex and difficult, and the psychological burden of the whole family is very high. The clinical picture is very complicated and its origins are unknown. People with autism differ from...
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The article describes and analyses current law on protection from disability-based discrimination in Russia. Amendments in the national legislation were adopted in accordance with the Convention on the rights of persons with disabilities ratifi ed in 2012. Prohibition of discrimination on the grounds of disability is included into the law. However,...
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The rights and freedoms of disabled children have for a long time been a very important subject for the international protection. The Council of Europe actively participates in this process creating a legal standard to respect the rights of this special social group. A very important contribution is assigned to the Committee of Ministers of the Cou...
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Under Polish law, the disabled who are unemployed are included in the group of the unemployed in a specific situation on the labour market. This means that the legislator recognises the difficulties this group faces in finding suitable employment. It has therefore introduced a number of mechanisms to make it easier for this group to enter or re-ent...
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The social model of disability, which focuses on determining the reasons for disabilities not connected with the individual as such, but pointing at the social barriers that limit the individual in the environment where he/she lives, is consistent with the assumptions of the UN Convention on the Rights of Persons with Disabilities and is a coherent...
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By way of narrative, the Author outlines decades of discrimination based on his deafness by providing his insider's perspective as a member of the Deaf community who experienced the lack of effective communication access in various settings. He proposes a number of concrete steps to combat disability based discrimination, including the provision of...
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This essay critically analyzes the legal interpretation of the Supreme Court of the United States of what constitutes a "free and appropriate public education" 1 for children with disabilities. Through the lens of a case study of an American child with communication disabilities, this essay examines why US law should instead be informed by a social...
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The cruelty of crimes committed by the Nazis during World War II is beyond belief. Ethnic cleansing focused mainly on the Jewish community and has been spoken of the loudest since the end of the war, but this was not the only course of eugenic thought. People who had been harmed by birth-the disabled and mentally ill, were not spared the torturers...
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The interpretation of Article 13 § 1 of the Civil Code has to be made in the spirit of Article 30 of the Constitution of the Republic of Poland stipulating that the inherent and inalienable dignity of the person shall constitute a source of freedoms and rights of persons and citizens. The provisions of the Constitution and international law on the...
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In this qualitative study, the authors briefl y describe the Amish formal education system, discuss career and technology education in Amish communities and examine the possible transfer of the model to public schools. Forty-six Amish schoolteachers, school board members and successful businessmen were interviewed. Findings include religion, family...
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The rights of persons with schizophrenia are protected by the Convention on the Rights of Persons with Disabilities, not only because schizophrenia fulfills the legal definition of disability resulting from the CRPD, but also because it fits with the definition described in other acts of international law. The Polish legislator also perceives schiz...
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The paper deals with the concept of legal capacity as advanced in the United Nations Convention on the Rights of Persons with Disabilities (CRPD) within the context of Uganda as a State party. The paper takes the format of analyzing what Uganda has done to comply with the Concluding Observations of the Committee on the Rights of Persons with Disabi...
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The current study starts from the fact that the right to education-a fundamental human right-should be organized in such manner as to ensure equal opportunities for all persons. First of all, it refers to the prohibition of all forms of discrimination. Even though national and international regulations may state this clearly and in both general and...
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Due to different types of physical, intellectual or mental impairment, every sixth person in the European Union encounters obstacles related to full participation in social, cultural, artistic and economic life. Although the EU has taken several legal steps to counteract discrimination and strive for equal opportunities, disabled persons still have...
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The European Union is a party to the United Nations Convention on the Rights of Persons with Disabilities. A broad scope of the UNCRPD provisions makes it covered by different types of EU competence-exclusive and shared. In result, the EU and its Member States may exercise their competence in Convention issues to a diff erent extent-depending on th...
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Introduced in 2008, the United Nations’ Convention on the Rights of Persons with Disabilities (CRPD) has existed for over a decade and in a considerable number of its State Parties the act has been in force long enough to demonstrate first issues with its adoption and effectiveness. Implementation of the CRPD should now be considered an overarching...
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Formalised placements in criminological programmes are not a widely used teaching strategy in England and Wales (United Kingdom). This article presents the findings of a small study which explored how placements reinforced and enhanced the criminological understanding of the student and whether there were benefits for mentors. The preliminary resul...
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The concept of a culture of lawfulness is appealing for its aspirational and open-ended nature. However, the concept still has to prove itself as a concrete basis for action. The article argues that the practical value of that concept lies in its promise to create a fresh common narrative to support a broad range of human-rights inspired and democr...
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Finding an effective path toward greater ethical conduct, less corruption, and greater personal integrity has been elusive. This is not because of lack of attention. The last 25 years have seen dramatic growth in global consensus and action on reducing corrupt behavior and promoting ethical conduct. Major initiatives by the Organization for Economi...
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This criminological commentary has been rendered on the grounds of the following facts. In case of Prosecutor v. Jadranko Prlić, Bruno Stojić, Slobodan Praljak, Milivoj Petković, Valentin Ćori ć and Berislav Pusić, the six Croat alleged war criminals before the Tribunal were charged with crimes that met its Statute’s disposition concerning the alle...
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The relationship between education and peace is a complex one. The article discusses how education can be the driver of peace and Culture of Lawfulness or, if used to propagate intolerance or prejudice, it can also fuel injustice. Throughout its content, the article looks at the issue of Culture of Lawfulness through the Sustainable Development Goa...
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In this paper, we discuss an innovative approach to teaching integrity and ethics at university level. In particular, we discuss the University Modules on Integrity and Ethics, which the United Nations Office on Drugs and Crime (UNODC) developed under its Education for Justice (E4J) initiative. UNODC's involvement in developing educational material...
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This essay seeks to clarify what is meant by a Culture of Lawfulness (CoL), first in its original academic terms and antonym-lawlessness. The author ventures into its quintessence from a sociological perspective of criminal tribal traditions, next as the effect of conflict and post-conflict situations, and, then, as statutory lawlessness under the...
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The mention of "culture of lawfulness" in the Doha Declaration of the Thirteenth United Nations Congress on Crime Prevention and Criminal Justice (Qatar, 2015) prompted the United Nations Office on Drugs and Crime to develop the Education for Justice initiative, aiming to support the integration of crime prevention and the rule of law into all leve...
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This article presents and discusses the thesis that the Socratic method for teaching Crimi-nology advances students' capacity for self-reflection and enables progressive transformative criminal justice outcomes. In contemporary pedagogics the Socratic method is one of many interactive ways of acquiring legal knowledge. The method's outstanding feat...
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The anthology with the above title was written by 19 Polish authors under the editorship of Witold Klaus, Katarzyna Laskowska and Irena Rzeplińska, as a joint project of the Polish Academy of Sciences and the University of Białystok. Altogether the reviewed monograph consists of 27 chapters, divided into six parts. Th ey deal with the criminality o...
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This article examines the issues of external and internal limits of the consistent interpretation of the domestic law with the EU directives in the context of verification adjudication of the administrative courts. The external limits of the pro-directive interpretation are derived from the EU law and the case-law of the Court of Justice of the EU....
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The article presents a number of opportunities and risks to the Europeanisation of administrative proceedings law. This process may in particular lead to: the development of a system of institutions of administrative proceedings law in European terms, the more effective implementation of substantive law rules determined by EU law, the improvement o...
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Homelessness is a serious social problem in the countries of the European Union, which is currently exacerbated by the refugee crisis and migration phenomenon. The Member States of the European Union are taking various measures to reduce this problem. However, tackling homelessness requires appropriate actions also at EU level, including monitoring...
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The principle of legitimate expectations concerns primarily the relationship between public administration and individuals. It endeavours to solve the conflict between the administration's goal to protect confidence in its activities and the need for change of the objectives of administrative policy. In the Polish administrative law, the concept of...
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In recent years lawmakers were obliged to harmonise the Polish legal system with the so-called ius commune proceduralis. This ongoing process is vital for both sustainable development, market stability and effective dialog amongst the various actors involved in field of public affairs. In the new era of the administrative state, the so-called 'clas...
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The aim of this paper is to answer the question of whether energy poverty prevention is a type of "patched" style of Europeanisation. The descriptive section accompanying the presented research identifies the basic legal instruments for energy poverty prevention found within European Union law and local (Polish) law. The article will present the mo...
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Recently, there has been a constitutional change related to self-governments in Hungary. The article examines the status of Hungarian local governments in comparison with EU member states from a financial perspective. Autonomy has several aspects, but one of the most important factors is financial, which is the basis of an organisation's operation....
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The article focuses on the opportunities and threats of EU Regulatory Governance in the energy sector with reference to public service obligations. There are two pillars of regulation: the first being the independence of regulatory authorities, the second making decisions based on the state of competition. The article looks in depth at the discreti...
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The Russian Federation is a relatively new player in the field of international education, although a strapping one, boasting more than 296 thousand inbound students in 2015/2016 according to the Project Atlas' data. However, most of those students come from former Soviet Republics and China and aim for degree programmes. The numbers of inbound non...
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The purpose of this paper is to illustrate how the General Data Protection Regulation (GDPR), now implemented in the Polish legal system, strengthens protection in the collection, processing, storage and transfer of digitised personal data. This undoubtedly represents a step forward in the further development of the way sensitive data is handled wh...
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The institution of legal rules and principles is of fundamental importance to the process of law interpretation as well as to its application. Due to the very wide and complex scope of administrative law (regulated issues) and the frequent interchangeability of administrative law norms, presenting and discussing the rules and principles of administ...
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This article describes the scope of jurisdiction over a case in the second instance in three legislative states of criminal procedure. Th e scope of jurisdiction of the case is a basic term in the perspective of the right to defence. Indication of the limits of jurisdiction case influences the possibility to execute the principle of the material tr...
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This article concerns procedural decisions that enable a complaint to be brought in criminal proceedings and the parties entitled to initiate this measure. It is worth emphasizing that the principles of appeal proceedings originate both in Polish law, primarily the Constitution of the Republic of Poland, as well as in international agreements such...

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