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    Wyświetlanie 1-4 z 4
    Tytuł:
    The Administrative Court System in the Face of Non-Vaccination of Children. Challenges and Prospects for the (Still) Emerging Line of Jurisprudence
    Autorzy:
    Czechowicz, Sebastian
    Powiązania:
    https://bibliotekanauki.pl/articles/27310223.pdf
    Data publikacji:
    2023
    Wydawca:
    Uniwersytet w Białymstoku. Wydawnictwo Uniwersytetu w Białymstoku
    Tematy:
    legal interest
    mandatory vaccination
    public health
    administrative courts
    health
    Opis:
    In recent years, there has been a heated public debate about mandatory vaccination of children. The COVID-19 pandemic further underscored the importance of vaccination and the desirability of vaccination for the protection of public health and the health (as well as life) of the individual. Nevertheless, the rise in activity and popularity of anti-vaccination movements has clearly contributed to the upward trend in the number of non-vaccinated children that we have seen since 2010. Statutory representatives of children who oppose their mandatory vaccination cite a variety of reasons, taking advantage of the imperfect legal system. The fines imposed to compel mandatory vaccination, as well as the conduct of administrative enforcement proceedings in this regard, are often challenged in administrative courts. It is of great importance that administrative courts are increasingly referring to the constitutionally protected values, as well as to the axiological justifications for the functioning obligation to vaccinate children. Given the nature of the obligation, this seems understandable, but nevertheless somewhat intrusive into the constitutional sphere, which is reserved for the Constitutional Tribunal. The purpose of the paper is to reconstruct the formation of the line of jurisprudence of administrative courts in cases involving the mandatory vaccination of children. The course of discussion will lead to a full analysis of the grounds of the grounds for the cited judgements and their consistency with the emerging line of jurisprudence on the issue. Particular attention was paid to the references made by the adjudicating panels to the legally protected values of an individual and universal nature. For this purpose the Author used the historical-legal method and the method of analysis of court jurisprudence.
    Źródło:
    Miscellanea Historico-Iuridica; 2023, 22, 2; 165-189
    1732-9132
    2719-9991
    Pojawia się w:
    Miscellanea Historico-Iuridica
    Dostawca treści:
    Biblioteka Nauki
    Artykuł
    Tytuł:
    Axiology of the Law of the European Legal Space and the Development of the Administrative Court System in Poland
    Autorzy:
    Wrońska, Iwona
    Dubowski, Tomasz
    Powiązania:
    https://bibliotekanauki.pl/articles/27310150.pdf
    Data publikacji:
    2023
    Wydawca:
    Uniwersytet w Białymstoku. Wydawnictwo Uniwersytetu w Białymstoku
    Tematy:
    European legal space
    democracy
    rule of law
    administrative courts system
    Opis:
    The primary objective of the study was to determine the unique characteristics of the axiology of the law of the European legal space and its impact on the development of the administrative courts system in Poland by indicating its rooting in legally expressed values, as well as in extra-legal values that are common axioms of the European legal space discussed herein. It was noted that international law – which is the background of the study – determines the basis for the operation of a democratic state, thus exerting a fundamental and significant influence on the formation of standards of democratic states in Europe, including the administrative court system in Poland. The achievement of the primary objective of the deliberations will be assisted by two intermediate objectives. The first one, seeking to lay the foundations for the introduction of the aforementioned “European legal space” category as a normative category that includes a common axiology of law, which underlies the democratic state, including the nature of human rights, through the analysis of the legal and non-legal norms that form that category. The achievement of the second intermediate objective, on the other hand, will make it possible in fine to treat that space as a normative and axiological concept to rot the unique structure of the administrative court system in Poland as one of the structural elements of the democratic system. In the literature on the subject, the issue of the axiology of the law of the European legal space from the standpoint of its impact on the administrative court system in Poland has not been analyzed in a comprehensive manner, and the available publications only partially address this topic, which prompted the study of the issue stated in the title of this paper. By setting the framework for the deliberations, they were narrowed down to the European legal space, which was considered to be the normative space of influence of European international organizations, namely the Council of Europe, the European Union, and the Organization for Security and Cooperation in Europe. The purpose of the specific scope of the conducted analyses have resulted in the use of specific research methods. The dogmatic-legal method was the leading method, and it is present virtually all parts of the deliberations. The position of the doctrine was analyzed Polish and foreign monographs and papers, as well as acts of universally applicable international law and those of a regional nature. The case law of international courts was also analyzed. The author made an extensive use of the legal-comparative method. It proved useful in the search for a way to define the concept of the European legal space, as well as other concepts, due to the need to confront the legal achievements of the international organizations that make up that space.
    Źródło:
    Miscellanea Historico-Iuridica; 2023, 22, 2; 221-243
    1732-9132
    2719-9991
    Pojawia się w:
    Miscellanea Historico-Iuridica
    Dostawca treści:
    Biblioteka Nauki
    Artykuł
    Tytuł:
    Das Kartellgericht der Weimarer Republik: eine Institution zwischen Verwaltungsgericht, Zivilgericht und Verwaltungsbehörde und seine Bedeutung für den verwaltungsgerichtlichen Rechtsschutz
    The Antitrust Court of the Weimar Republic: an Institution Between the Administrative Court, Civil Court and Administrative Authority and its Significance for Administrative Legal Protection
    Autorzy:
    Reichenthaler, Michael Johannes
    Powiązania:
    https://bibliotekanauki.pl/articles/27308761.pdf
    Data publikacji:
    2023
    Wydawca:
    Uniwersytet w Białymstoku. Wydawnictwo Uniwersytetu w Białymstoku
    Tematy:
    administrative law protection
    Weimar Republic
    antitrust court
    legal process
    judicial responsibilities
    Opis:
    This article deals with the possibilities of obtaining administrative court legal protection at the imperial/national level during the Weimar Republic. Characteristic for this epoch of German administrative jurisdiction is the formation of numerous specialized administrative courts. As an example of this practice, the following article focuses on the Antitrust Court as a typical special administrative court of the Weimar period. However, it begins with the changes in administrative jurisdiction in general that resulted from the new Weimar Constitution, which gave administrative courts constitutional protection for the first time in German legal history. In addition, the paper outlines how this new constitutional framework was received by scholars and had an impact in practice. However, the proclamation of a German Republic after World War I, not only changed the constitution, but also meant that the administration was confronted with completely new challenges. How the German administration responded to this new situation is also briefly outlined in order to provide a better understanding of the importance and scope of the administrative courts' activities at the national level. The article focuses on the antitrust court and in particular on its competences and available remedies. These two parameters of court organization provide information on whether the Antitrust Court was actually an institution committed to legal protection or whether the effectiveness of the administration was the guiding idea that shaped the activity of the Antitrust Court.
    Źródło:
    Miscellanea Historico-Iuridica; 2023, 22, 1; 119-147
    1732-9132
    2719-9991
    Pojawia się w:
    Miscellanea Historico-Iuridica
    Dostawca treści:
    Biblioteka Nauki
    Artykuł
    Tytuł:
    Obywatelstwo państwa polskiego w świetle orzecznictwa Najwyższego Trybunału Administracyjnego 1922–1939
    Citizenship of the Polish State in the Light of the Decisions Taken by the Supreme Administrative Tribunal in 1922–1939
    Autorzy:
    Malec, Dorota
    Powiązania:
    https://bibliotekanauki.pl/articles/621384.pdf
    Data publikacji:
    2015
    Wydawca:
    Uniwersytet w Białymstoku. Wydawnictwo Uniwersytetu w Białymstoku
    Tematy:
    prawo obywatelstwa, orzecznictwo, Najwyższy Trybunał Administra- cyjny, sądownictwo administracyjne, prawo publiczne, II Rzeczpospolita, historia prawa polskiego, historia prawa
    right to citizenship, judicial decisions, Supreme Administrative Tribunal, administrative courts, public law, Second Republic of Poland, Polish legal history, legal history
    Opis:
    After Poland restored its independence in 1918, the subject of Polish citizenship was regulated by the provisions of international law, particularly those found in the Versa- illes Treaty of 24 June 1919, as well as by those formulated in the Treaty with Austria signed in St. Germain en Laye on 10. Sept. 1919, those laid down in the Treaty of Riga of 18 March 1921, and additionally, by the provisions of domestic law, namely the provisions of the Statute on Citizenship of the Polish State of 20 Jan. 1920. It was as early as during the work on the aforementioned Statute that there appeared problems that, in the years which followed, became detectable in decisions taken by the Supreme Administrative Tribunal. It was the latter that – within the scope of its competence – controlled the legality of decisions made on the occasion of adjudicating in matters concerned with the application of provisions on citizenship of the Polish state. In the judicial decisions of the Tribunal, which was established in 1922, there dominated those concerned with the certification of citizenship for which there applied the individuals who acquired the citizenship by virtue of law. The Tribunal also frequently decided in matters referring to making an option of citizenship, the option being allowed by the Versailles Treaty. The Tribunal cautiously appraised the proceedings designed to expel an individual from the territory of Poland. What the Tribunal considered to be a defect in the proceedings was inter alia too general a justification of decisions that referred to the refusal of granting citizenship to the person applying for it. Although the doctrine of the time regarded the act of granting citizenship as the decision that the compe- tent organ made within its discretionary power, the Supreme Administrative Tribunal oversaw each case to ensure that the boundaries of the discretionary power were not exceeded. Likewise, in each case the Tribunal considered itself to be the organ that was competent to check the regularity of proceedings. In each case the Tribunal made a pe- netrating interpretation of provisions and would repeatedly return to the most difficult questions. Among the latter there were inter alia the interpretation of such notions as affiliation with the commune, domicile and the place of settling and military service as titles that justified the acquisition of citizenship. As a result of its control over the ad- ministrative practice, the Tribunal managed to reveal many infringements of provisions. This led to the quashing of decisions that were subject to complaints. In this respect the activities of the Tribunal deserve credit.
    Źródło:
    Miscellanea Historico-Iuridica; 2015, 14, 2; 73-96
    1732-9132
    2719-9991
    Pojawia się w:
    Miscellanea Historico-Iuridica
    Dostawca treści:
    Biblioteka Nauki
    Artykuł
      Wyświetlanie 1-4 z 4

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