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
Abstrakt
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.
Sony Kulshrestha
2024
16
( 3 )
DOI: 10.7206/kp.2080-1084.701
Abstrakt
Over the past few decades, there has been an increased number of deaths in road accidents. The joint efforts to lower the rate of accidents and deaths are visible in the latest analysis reports of Motor Vehicles Act amended in 2019 over the thirty years of applicability of the Motor Vehicles Act of 1988. In the current research projects, the researcher examined the implications of the new road safety measu-rements included in the provisions of the 2019 Amendment Act and investigated the effectiveness of new safety parameters by comparing the percentage of accidents before and after the enforcement of the Act. The researcher has analysed a codified and narrative text to examine the provisions of this Amendment Act of 2019 through the reports of National Crime Records Bureau, Ministry of Home Affairs, and Mini-stry of Road Transport and Highways (MORTH). The analysis of the data gathered shows that the provisions of the Act are meant to give effective tools to improve road safety measures.
Maciej Perkowski; Izabela Kraśnicka; Anna Drabarz; Wojciech Zoń; Maciej Oksztulski; Małgorzata Skórzewska-Amberg; Ewa, M. Kwiatkowska
2023
15
( 2 )
DOI: 10.7206/kp.2080-1084.603
Abstrakt
The aim of the article is to provide an overview of the international and EU law framework concerning the relation between the research and teaching. The analysis of internal regulations of selected European states is provided for a broader vision and comparative perspective. Such an overview constitutes the initial ground for further research and evaluation of the applicable law and its implementation. The article constitutes a summary of the initial phase of the research project dedicated to the impact of the legal research on legal education based on the projects funded by the Polish National Science Centre.
Paweł Smoleń; Marzena Świstak
2022
14
( 3 )
DOI: 10.7206/kp.2080-1084.545
Abstrakt
The Polish Personal Income Tax Law provides for a relatively extensive group of tax exemptions related to various benefits offered to doctoral students and academics. It also includes an exemption for scholarships and assistance grants referred to in Law 2.0, as well as scholarships received under programmes or projects aimed at implementing the current state scientific policy. The rule adopted is that the exemption applies as long as the rules for granting the scholarships and grants in question them have been approved by the minister in charge of higher education and science. The research objective adopted in the gloss is to verify the jurisprudential practice regarding the issue of the tax exemption in question. The analysis and evaluation have been performed also in the context of the guidelines and ideas behind the reform of higher education and science (regulations of the so-called Law 2.0). This gloss is a critical commentary. It makes use of dogmatic-legal and normative analysis.
Łukasz Nosarzewski
2021
13
( 4 )
DOI: 10.7206/kp.2080-1084.498
Abstrakt
The purpose of the research conducted is to present the directions of changes in
the Polish legislation on accessing and reusing public information, showing perspectives for public information in administration. The pursue of it is accompanied by a diagnosis of the most important issues in the execution of the guaranteed information powers, and also by an analysis of the judicature’s work and postulates of the doctrine in this regard. The object of the study using the method of dogmatic-
legal analysis covers Polish and European normative acts, scientific publications,
the case law of administrative courts and the Constitutional Tribunal. The results
indicate that the issues and doubts raised concern the fundamental aspects of
access to public information, as well as detailed issues related to establishing a legal
framework for the principles of reusing that information. The current directions
of changes fit into building administration that is based on open public data, which
will not only ensure wide access to public information but will also create and gather
data in a way that will allow for the further economic use of those data by the private
sector. Resolving the existing problems in exercising information rights and implementing the projected changes will both pose a considerable challenge to the public administration. The conducted research allowed for formulating legislative postulates and remarks addressed to the legislator, as well as practical solutions concerning the organisation of the administration apparatus.
Tomasz Kozłowski
2021
13
( 3 )
DOI: 10.7206/kp.2080-1084.471
Abstrakt
The main purpose of the presented research project is to prepare an initiating answer to the present state of judicial integrity recognised as the top of legal professions and the legal system as such. The method comes mainly from the Oxford analytical jurisprudence, nevertheless, the historical and interdisciplinary approaches, as well as a legal practice, were taken seriously into consideration. The main theses and their scientific standpoints are: (i) at present, we are facing the disintegration of integrity; (ii) one of the sources of it lies in the very grounds of major jurisprudential terms, understood as parts of the Hartian internal point of view and that there are fundamental analytical paradoxes of integrity, generating practical dysfunctionalities; (iii) it is possible to solve main problems through a completely new approach: an ontological turn in the philosophy of law causing the idea of law as a concept and a new concept of integrity, namely ‘negative integrity’. It could be easily and effectively treated as practical support for firstly improving judicial integrity and secondly legal practice in general.
Wyświetleń 4468
Pobrań 1069
Maciej Rogalski
2021
13
( 2 )
DOI: 10.7206/kp.2080-1084.453
Abstrakt
The paper is devoted to selected issues concerning acts from the same day, i.e. 29 July 2020: the Electronic Communications Law, and the act introducing the Electronic Communications Law. Both drafts have been prepared in connection with implementing the provisions of Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 2018 Establishing the European Electronic Communications Code (‘the EECC’) into the Polish legal order. Only selected issues from both draft acts were presented, for which the basic selection criterion was their significant practical importance in terms of their influence on the functioning of the telecommunications market in Poland. The purpose of the analysis and research was to answer the question whether the proposed regulations were compliant with the EECC and whether, from the perspective of the requirements of practice, effective solutions had been adopted. The analysis was based on comparing the projected EECC regulations and on possible practical consequences after their implementation. The analysis covers the projected provisions – from the Polish law and the EU law. The conducted analysis indicated a need for modifying them, in particular: imposing security obligations; the scope and manner of replacing the existing documents for customers with new ones; the conditions of customerv ideo verification; transitional provisions. The article presents proposals for specific amendments to the projected provisions. The presented issues are not only of theoretical importance, but also of great practical importance when it comes to the functioning of the telecommunications market and, above all, when it comes to customerswho use telecommunications services
Małgorzata Bojsza; Żaneta Kozłowska; Justyna Szymkowicz
2015
7
( 1 )
DOI: 10.7206/kp.2080-1084.74
Abstrakt
The article is an attempt to analyse the relationship between private security enterprises and citizens. Explored is what access to safety information has the user of guarded premises. The paper examined the regulations of private security firms and the requirements of keeping available monitoring records. The article reviews records of interviews with employees and managers, in which their work were discussed. The material used in this article are the result of controlled experiments carried out by a student research group operating within the framework of project NCN Opus 5 and headed by prof. Jolanta Jabłońska-Bonca. Under an established scenario, in which students took on different roles, the group were able to study the tendency of security personnel to disclose information related to their work. Parts of the conversations referred to in the text have been anonymised. The authentic spelling was retained to reflect in full a profile of a given worker and to give the reader an opportunity to perceive the atmosphere of the interviewing process.
Wyświetleń 2847
Pobrań 1065
Anna Haładyj
2020
12
( 1 )
DOI: 10.7206/kp.2080-1084.364
Abstrakt
Environmental impact assessment (EIA) is a tool that allow predicting the environmental
effects of a project. Undoubtedly, the basic element of the EIA is the EIA report: and if so, the question arises who is qualified to prepare the report. The purpose of the study is to present the evolution of the rights of EIA report experts from the 1970s to modern times, presented from the perspective of legal sciences. The implementation of the amended Directive 2011/92 took place from 1 January 2017 by introducing formal education criteria and / or experience for EIA experts, which were softened by the amendment of 19 July 2019. In the study, I put forward the thesis that there is a tendency in Polish legislation
to lower the requirements for EIA experts, which makes national regulation contrary to the spirit of Directive 2011/92. Research methods used in the study include primarily the dogmatic approach, the method of consistent interpretation, and – to a lesser extent – the comparative and historical method.
Anna Haładyj
2020
12
( 1 )
DOI: 10.7206/kp.2080-1084.363
Abstrakt
Environmental impact assessment (EIA) is a tool that allow predicting the environmental effects of a project. Undoubtedly, the basic element of the EIA is the EIA report: and if so, the question arises who is qualified to prepare the report. The purpose of the study is to present the evolution of the rights of EIA report experts from the 1970s to modern times, presented from the perspective of legal sciences. The implementation of the amended Directive 2011/92 took place from 1 January 2017 by introducing formal education criteria and/or experience for EIA experts, which were softened by the amendment of 19 July 2019. In the study, I put forward the thesis that there is a tendency in Polish legislation
to lower the requirements for EIA experts, which makes national regulation contrary
to the spirit of Directive 2011/92. Research methods used in the study include primarily the dogmatic approach, the method of consistent interpretation, and – to a lesser extent – the comparative and historical method.
Wyświetleń 2531
Pobrań 1216
Marek Michalski
2020
12
( 2 )
DOI: 10.7206/kp.2080-1084.383
Abstrakt
The purpose of the presented analysis is to position the new university model introduced by the Act of 20 July 2018 – Law on Higher Education and Science in the field of knowledge economy, which is a segment of the dynamically developing digital economy as seen today. Right now, we can see the paradigm of the resource determining economic development becoming redefined. While in the past it was land, followed by capital and labour later on, at present it is more and more about
knowledge – but in an institutionalised form. Such knowledge increases the significance
of intangible assets as the factor behind development, i.e. intellectual technologies. Research-education institutions play a prominent part in generating and accumulating this knowledge. Therefore, the position and the significance of universities in the structure of acquisition and transmission of knowledge becomes redefined. This calls for new methods of managing quality, staff, projects, and university funds to be implemented – which means, in general, a new operating
model for universities With its origins in a social-economic diagnosis, the article has been based on
a normative analysis of the provisions establishing the new university model and uses this analysis to attempt to reconstruct the methods of knowledge management and to verify its suitability for the requirements set by the development of the digital economy and of the knowledge-based society.
Wyświetleń 3598
Pobrań 1314
Wojciech Cyrul; Jerzy Stelmach
2018
10
( 2 )
DOI: 10.7206/kp.2080-1084.191
Abstrakt
This text is a contribution to the discussion on the reform of higher education in Poland. By referring to selected examples, it shows that the planned changes are based on several fundamental myths resulting from the inefficiency of earlier attempts to heal the university system. At the same time, it aims to show why it is necessary to abandon the belief that higher education can be reformed quickly, with little financial outlays, and that the results of the implemented changes can be instant. The text offers also a criticism of the view assuming that the expected changes can be arrived at only through a reform of the law, and that it is possible to transplant solutions functioning in other countries directly to Poland. The presented considerations oppose the position according to which there exist some ideal models of education and research, whose implementation can make it possible to “breed” an ideal scholar. Arguing that education and academic success will always be an outcome of many variables, a critical analysis of selected solutions included in the law on science and higher education has been offered as well.