Sony Kulshrestha; Mona Mahecha; Siddharth Badkul
2025
17
( 1 )
DOI: 10.7206/kp.2080-1084.767
Abstract
Maciej Perkowski; Wojciech Zoń; Izabela Kraśnicka; Wioleta Hryniewicka-Filipkowska; Małgorzata Skórzewska-Amberg; Ewa M. Kwiatkowska; Katarzyna Staszyńska; Maciej Oksztulski
2025
17
( 1 )
DOI: 10.7206/kp.2080-1084.764
Abstract
This article analyses the impact of legal research on the education of future lawyers in Poland, focusing in particular on legal regulations and educational practices. The study aims to explain how the findings of research projects, especially of those funded by the National Science Centre (NSC)10, can be applied in teaching. The authors hypothesise that basic research has a minimal effect on legal education, which may result from the applicable legislation and internal conditions within university. The research involved an analysis of legal documents, a literature review, as well as surveys and interviews with academic staff. It examined the relationship between research and teaching activities in the context of higher education reform. The findings indicate that while most academics perceive their teaching and research as synergistic, there exist barriers in this areas – such as low motivation for research among students. The authors emphasise the need for reforms to better integrate research with teaching, which is crucial for enhancing the quality of legal education.
Oleksandr A. Lyubchik; Petro S. Korniienko; Zhanna O. Dzeiko; Nataliia A. Zahrebelna; Vitalii A. Zavhorodnii
2022
14
( 1 )
DOI: 10.7206/kp.2080-1084.514
Abstract
The ambiguity of understanding and use of the term “human rights” reduces the effectiveness of the law-making and law enforcement activities of state and inter-national bodies, creates negative conditions for the formation of the unified worl-dview and legal position of future lawyers and representatives of other humanities. This article aims to define, formulate the content and describe the legal essence of the term “human rights,” and to substantiate the thesis about the harmfulness of the legal science, law-making and law enforcement use of this term with different meanings. The leading method of research is the method of analysis, which allows one to study the subject, imaginatively dividing it into constituent elements, and to consider each of the selected elements separately within a single whole. This article presents the argumentation of the need for a single wording, understanding, and use of the legal term “human rights.” The materials of the article have practical value for the effective implementation of the law-making and law enforcement activities of state and international bodies, for the formation of the unified worldview and legal position of future lawyers and representatives of other humanities, as well as for a correct and clear explanation of problems with the implemen-tation and protection of human rights.
Rastislav Funta
2014
6
( 1 )
DOI: 10.7206/kp.2080-1084.42
Abstract
A large number of opinions have been expressed about the decision C-131/12. Initially, Google’s defeat has been widely welcomed as the giant had suffered a bitter defeat. After a first joy about the containment of Google’s arrogance it became clear that the excessive claim for right to be forgotten will dry out our sources of information. Can privacy be seen as a fear for diversity of opinion? It may be due to the tension between data and reputation protection on the one hand and the possibility to protect against lies and fraud on the other hand. It is not just Google’s freedom of expression, which is in the centre of our interests. We want to find informations and Google is helping us in this regard. Forcing Google to suppress the information flow can not hinder Google to earn money. If we go through the opinion of the Advocate General and compare it with the reasoning of
the ECJ, then we come to the conclusion, that the ECJ had to decide in this a way on the grounds of the current legal status. The ECJ was standing with the back to the wall, because it has to apply the current law and this left no option open. Thus, the ECJ could not follow the opinion of the Advocate General. In the following I will shortly summarize the Spanish Data Protection Authority (SDPA) decision, before moving to the Advocate General opinion and the judgment of the ECJ and finally provide an outlook on possible
future development in this regard.
Teruji Suzuki
2015
7
( 1 )
DOI: 10.7206/kp.2080-1084.95
Abstract
The difficult history of Taiwan has preoccupied politicians and scholars for the better part of the last century and is unlikely to be unraveled in the near future. The main issue is the following: are there two separate Chinas or one and if so who has the right to represent China? Both the Taiwanese and Peking governments have consistently adhered the One China theory and both claim the right to represent the country. Many legal concepts were devised in support of either party, including that Taiwan had become res nullius after Japan’s unconditional surrender, or a condominium of the Allied Powers. Several major theories are analysed in depth, based on the interpretation of public international law such as the Peace Treaty of San Francisco, the Treaty of Taipei and the Shimonoseki Peace Treaty. Parallels are drawn between the attempts to decide the legal status of Taiwan and akin attempts performed by some European territories such as bringing Alsace-Loraine in the fold of France. The paper aims mainly at exploring various concepts of Taiwan’s status according to international law. This investigation takes into account the international and the domestic situation.
Filip Rakoczy
2016
8
( 3 )
DOI: 10.7206/kp.2080-1084.122
Abstract
In my paper I would like to analyze the topic o academic legal education, using for that purpose tool granted by Rochard Rorty’s neopragmatism and Artur Kozak’s juriscentrism. In this article I consider the possibility of describing higher education and legal culture using both of those concepts, and to form some proposals for future shaping of this proces. In my text I aim to prove, tha contemporary legal education is basem mostly on the mechanisms of socialisation and professional training, which base rather on transfer of rules of legal reasoning and discussion within legal community, than on transfer of actual skills. Therefore I consider to which extent this process should be suplemented by methods which individualise students, and which allow the autocreation, which is, according to Rorty, should be the mian task of higher education. In the further parts of my paper I consuder, how those mechanisms will impact shaping of future lawyers, and by that, the legal community itself, and what benefits could we achieve this way.
Anna Szachoń-Prszenny
2020
12
( 4 )
DOI: 10.7206/kp.2080-1084.414
Abstract
The Schengen legislation is an integral part of the EU law, which translates into a right to free movement within the “borderless area”. This right can be, however, restricted, especially in the light of threats to public safety and order – and, less frequently, to public health. The restriction imposed on account of the above has become an event without precedent in Schengen’s history of over 30 years. The legal measures implemented on borders are absolutely exceptional on a global scale. One of them is the temporary
estoration of control at the internal borders of the EU Member States. The other is the “restriction on non-essential travel to the EU”, meaning, in fact, closing of the EU external borders to citizens of third countries. One could propose a thesis that even the most significant achievements in the process of integration, including the Schengen Area, are temporarily inactivated in the face of an unpredictable supra-European threat. The mission of the EU and its Member States is to establish a new set of rules that will help the Schengen Area survive the early phase of the pandemic by suspending its main principles for some period of time. Will these new rules be extended? And if so – on what conditions? How will it affect the future of the Schengen Area? These issues have not yet been featured and discussed in scientific publications given the recency and relevance of the subject, neither have they been presented in a legal-dogmatic context
Jerzy Rotko
2019
11
( 4 )
DOI: 10.7206/kp.2080-1084.356
Abstract
Climate change is one of the key civilisational issues. This change is caused by greenhouse gas emission. Stopping this change requires multidirectional actions on a global scale, primarily limiting the combustion of fossil fuels. What reaches towards these needs is the proposals of the international community, which are determined in the protocol of 15 December 2015 (called the Paris Agreement). The legal framework for the strategy of implementing it in the European Union and the member states is formulated by the legislative package “Clean Energy For All Europeans”. The directions and terms of developing the economy pose particular challenges for Poland which plans to maintain
the significant role of coal in the energy industry for decades. Government documents show that the government of the Republic of Poland will not decide on the spectacular decarbonisation of the economy. It cannot be obligated to do it, either, due to the treaty conditions. However, the future of the coal energy industry seems prejudged. This results from the development directions of European economic-legal instruments which serve the direct (determining binding emission standards and environmental quality standards) and indirect (through influencing the prices of greenhouse gas emission allowances) rationing of the activity of entities from the energy sector in the environment.
Anna Skibińska
2020
12
( 2 )
DOI: 10.7206/kp.2080-1084.387
Abstract
This text is a contribution to the discussion on the state of legal education in Poland. The author refers, in particular, to the article by A. Czarnota, M. Paździora and M. Stambulski regarding a hidden program in legal education, describes the existing situation and proposes changes that should be introduced in legal studies and teaching methods for future lawyers. On selected examples, she shows how one can oppose the domination of dataism in university teaching at law faculties in
Poland and at the same time educate competent lawyers and conscious citizens.
Łukasz Kierznowski
2020
12
( 2 )
DOI: 10.7206/kp.2080-1084.386
Abstract
The purpose of the article is to indicate the selected potential and desired consequences of establishing doctoral schools to educate doctoral students in the field of legal sciences, with a special consideration of the interdisciplinary nature of such schools. The paper addresses the Polish legal framework. The article proposes a thesis that doctoral schools have a chance to benefit the education of future doctors of law, especially thanks to their interdisciplinary nature, which involves
educating doctoral students of law together with representatives of other scientific disciplines. Other issues raised include also the opportunities and risks involved in the new form of doctoral education – including those resulting from some higher education institutions adopting only apparently interdisciplinary solutions. The article is an original work, the subject matter has not been covered in other academic papers, and concerns a new legal form of educating doctoral students – meaning
doctoral schools, which have been operating since the 2019/2020 academic year. The theses proposed in the article may be significant to both the theory and practice of educating doctors of law at Polish higher education institutions and research centres.
Jan Izdebski
2020
12
( 2 )
DOI: 10.7206/kp.2080-1084.382
Abstract
The legislative changes that take place in the area of higher education and science pose new challenges to higher education institutions and create a new framework of verification of their teaching and research activity. Among the many significantly changing aspects of functioning of the system of higher education and science, the definition of the mission of this system seems to be particularly interesting. The new Higher Education and Science Law Act imposes important regulations in this domain. Defining the mission of the system of higher education and science
refers directly to the values lying at the heart of the activity of institutions of higher education and science, including universities in particular. A defined mission of a university ensures a reference to the tradition and the position of this university in the social system, characterises its identity, and indicates the values the university protects and promotes in its activity. Also, a defined mission statement points to a university’s main goals set on the future and the environment in which it
functions. In this area, defining the mission is also one of the instruments used to manage a university.
Wojciech jun. Góralczyk
2018
10
( 2 )
DOI: 10.7206/kp.2080-1084.219
Abstract
There are some typical relations that can be observed in public administration, including management, supervision, control, co-ordination and co-operation. The latter two are seldom subject to scrutiny by administration law academics. The purpose of this article is to initiate a discussion on filling this gap. In most cases, co-ordination is performed in connection with management, supervision or control. This type of co-ordination can be described as functional. However, independent co-ordination also exists. Due to the limited number of positive law regulations regarding this type of co-ordination, it is usually limited to the co-ordinating body applying non-executive measures. The co-ordination relationship in administration law is an unusual type. At least three entities are necessary for such a relationship to exist, namely a co-ordinator and two co-ordinated parties. The analysis of co-operation in public administration is possible upon considering the principle of general co-operation as a separate one. This principle could have the status of a general administration law principle, but the positive law does not currently formulate this principle directly. However, it can be derived from various applicable rules, including rules of constitutional importance. This principle dictates that all public administration entities must co-operate with each other. The article attempts to define forms of co-operation, indicating their diversity. Many issues related to co-ordination and co-operation in administration still require scientific explanation. A further stage should involve regulating these activities within the framework of the positive law. This could be implemented by future act – the “General Provisions of Administrative Law”.