Constitutional Changes in Poland Between 1989 and 1997

Translation of Polish Press Law Act

<abstract><title style='display:none'>Abstract</title>This article addresses the issue how meaning of fundamental rights might be amended by international treaties, based on example of non-discrimination principle, in particular context of putting own national in less favoured situation than non-national (reverse discrimination).Two European Union (EU) member states, the United Kingdom (UK) and Poland, were then selected for testing the practice. The main reason for the choice of the UK and Poland lies on their opposite legislation tradition. Polish Constitution expressly prohibit any kind of discrimination, whereas in the UK there is no such an unified act.Firstly, articles defined that the reverse discrimination is. Secondly, it seeks whether the possibility to offset losses from a subsidiary is treated equally to residents and non-residents. National provisions guarantee general rights and freedoms, but their scope and the meaning are continuously modified. Not only judgements of national courts, but also international treaties might define the true meaning of fundamental rights.</abstract>

Reverse Discrimination – How Fundamental Rights Might be Changed without Notice

<abstract><title style='display:none'>Abstract</title>Smolensk Catastrophe is not only about the question of clarifying facts, but also the one of responsibility stemming from them on the grounds of European Convention on Human Rights, and being more precise from its art. 2: The right to life. The article includes both negative obligations, such as the prohibition of depriving an individual of life, as well as positive ones regarding the establishing of effective regulations in criminal law, providing legal and administrative procedures aiming at e.g. preventing the acts of life deprivation, including the ones referring to procedural obligations concerning the conduct of a proper and effective investigation. Responsibility is shared by both parties of the Convention: Russia and Poland. The first of them ought to be responsible for depriving the Catastrophe casualties of their lives, not only in the event of an attack and explosion, but also in the context of TU 154 renovation, the manner of organizing the visit, dividing it between 7th and 10th April 2010, the level of securing the quality of service at the North Smolensk airport, conducting the investigation and keeping the evidence (the wreck, black box, etc.), which made it impossible for Poland to conduct the effective investigation. Poland, on the other hand, is responsible for the lack of applying appropriate legal and administrative procedures, as well as preventive and controlling measures, inappropriate conduct of aviation investigation by Military Prosecutor Office, as well as the lack of an effective investigation indicated in art. 2 of the Convention. Poland ought to be held responsible also for the manner of organizing the visit. The responsibility of a state on the basis of the Convention includes detecting, pursuing and punishing individuals responsible for actions and cessations determined as a punishable offence of negligence and not fulfilling ones duties. Therefore there certainly was the situation of breaching the material and procedural obligations stemming from art. 2 of the Convention.</abstract>

Responsibility of Russia and Poland for the Smolensk Catastrophe from the Perspective of European Convention on Human Rights

Legal and Economic Aspects of the Financial Independence of Communes in Poland

On the essence of democracy and the election system

<abstract><title style='display:none'>Abstract</title>The main aim of the study is to analyze posthumous problems that concern the victims of the Smolensk disaster in the context of positive obligations of the state. The first element of the analysis will concern the standards of dealing with the bodies of disaster victims as soon as they occur. The second aspect will include the obligation to notify of death along with other obligations and information on victims. Then, issues related to the transport of corpses and the opening of coffins will be described, and finally the regulations regarding uninterrupted burial. The analysis of the above issue presented in the work will be carried out taking into account regional human rights protection standards and the ECtHR’s judicial practice. Both soft and hard law standards will be included in the analysis.</abstract>

Postmortal Issues of Smolensk Tragedy Against the Obligations of Art. 2 of European Convention on Human Rights

<abstract><title style='display:none'>Abstract</title>The main aim of this analysis is the synthetic reconstruction of the standards of European Court of Human Rights concerning the procedural aspect of the right to life, and particularly the obligation of conducting an effective investigation in the context of the Polish Air Force Tu-154 air crash in Smolensk on 10th April 2010.The right to life in the system of the European Convention of Human Rights has a particular character. It derives mostly from its paramount importance. Due to the character of the sphere guaranteed by the right to life, the European Court of Human Rights notices the need of protecting it, both in material and procedural aspect. This is also the reason why article 2 of the ECHR is backed up by the wide variety of positive obligations.The standards of article 2 of the ECHR and state’s positive obligations in this respect are fully applicable in relation to the air crash of the presidential Tu-154. State’s obligations focus on both material and procedural aspect of incident causing death. The air crash of Tu-154 concerns particularly the obligation to conduct adequate and effective official investigation. This obligation concerns both Polish and Russian authorities.The main aim of this research is to analyse which obligations are applicable in respect of this particular air crash.</abstract>

The Requirements Deriving from the Procedural Aspect of Art. 2 of the European Convention of Human Rightsin the Context of Polish and Russian Investigation Regarding the Air Crash of Polish Air Force Tu-154 in Smolensk

<abstract><title style='display:none'>Abstract</title>On 10th April 2010 Polish Air Force Tu-154 carrying the President of the Republic of Poland Mr. Lech Kaczyński, the First Lady Maria Kaczyńska and 92 other high Polish officials and members of the crew, crashed in Smolensk. Following the crash, Polish and Russian governments by series of acts and omissions agreed for the investigation procedure according to the Chicago Convention from 1944, nothwithstanding the existence of the binding Polish-Russian agreement from 1993 applicable to military aircrafts.</abstract>

Polish-Russian Agreement from 1993, Its Omission in the Forming of the Process of Investigation on the Causes of Polish Air Force Tu-154 Crash in Smolensk and the Formula of Establishing the Agreement Between the Governments of the Polish Republic and Russian Federation on the Investigation on Its Causes According to the Rules of the Chicago Convention From 1944

<abstract><title style='display:none'>Abstract</title>In search of international remedies for the investigation of the Tu-154M airplane crash of April 10, 2010, in Smolensk, Russia, standards of effective investigation under Article 2 of the European Convention on Human Rights are examined. Cases of airplane crashes and terrorist attacks are analyzed. Next, investigations of major international incidents of historic significance are examined. The case of UN Secretary General D. Hammarskjold killed in 1961 airplane crash is analyzed. Also, the investigation conducted by the International Commission of Inquiry for Lebanon on the assassination of Prime Minister Hariri is examined. Based on the above, recommendations are made for the most effective international investigation of the Smolensk crash.</abstract>

Standards of Investigation Under Article 2 of the European Convention on Human Rights and Investigations of Incidents of Historic Significance

<abstract><title style='display:none'>Abstract</title>The subject of this study is the characterization of the rights and possible obligations of a spouse of a partner of a limited liability company. Participation in a company with limited liability belonging to one of the spouses sometimes enters into joint property, and in the event of the cessation of this communion, it is divided. The company’s share belongs to the inheritance property.</abstract>

Participation in a Limited Liability Company as an Element of Marital Property

The Development of Participation Budget in the Civic Society of Kujawsko-Pomorskie Voivodship

The external debt overhang problem as a threat to global financial security

Th e analysis of the amount and structure of foreign exchange reserves in Poland in the years 1998–2014

General Remarks on Polish Bankruptcy Law

Instructions for Authors

Open Access License

Contents 2014

Contents 2015

Contents 2016

Contents 2017

Contents 2018

Contents 2019

Contents 2020

Law and Administration in Post-Soviet Europe

 "Law and Administration in Postsoviet Europe" is a series on law, public administration and politics in Europe since 1989. The Journal's aim is to present analysis of legal...

 "Law and Administration in Postsoviet Europe" is a series on law, public administration and politics in Europe since 1989. The Journal's...