The article contains preliminary considerations on the principles of the standardization of geographical names in Poland, in particular the names of physiographic objects. The notion of a country’s language policy has been referred to as one of its tools is the standardization of geographical names. The general objectives of the Polish language policy were listed as such: the assertion of legal status of the Polish language as the first language in Poland; the assertion of conditions for the development of national and ethnic minority languages in the country; the construction of a Polish- language national and state community. Legal acts concerning Polish language and geographical nomenclature were indicated. It was stated that the assumed effect of political and linguistic actions should be to develop a nomenclature in correct Polish, one which is pragmatically effective, rooted in tradition and, as a result of this study, one should expect to achieve an optimal course of the language communication process in each communicative community. Then, the criteria of the linguistic correctness of geographical names applied to date were discussed and similarities indicated in the standardization procedure with regards to geonyms and specialist terms. The rules of the detailed standardization procedure will be presented in the second part of the article
The article presents an analysis of the real role of the complementarity principle and the reasons why immi-gration law is still based on this principle. The basic assumptions of the state’s attitude towards labour im-migration were set out in a period when this kind of immigration to Poland was at a much smaller scale than currently. First and foremost, one of the basic premises is the complementarity of labour immigration (com-plementarity principle) with the labour market test as an element of the procedures, although with some exceptions. The mechanism of controlling the complementarity is obligatory and preventive. The current economic situation in Poland, including the conditions for the functioning of immigration law, is very differ-ent from the reality of that time. In view of growing shortages of Polish employees on the labour market one can doubt whether preventive enforcement of complementarity by law is needed. The complementarity of labour immigration to Poland is a socio-economic fact and legal guarantees to ensure this result seem ob-solete. There are strong arguments to consider that opportunistic political motivations are the main reason against the rationalisation of legal regulations concerning immigration of workers. The complementarity principle has become a facade of restrictive immigration law, while allowing for its use in a way that ensures the access of immigrants to the labour market.
The term “cause” is ubiquitous in life and science. It is surprising how, generally speaking, the existing all-purpose dictionaries, and even «professional» ones, are clumsy in their attempts to define “cause” and its derivative terms. We urgently need a more satisfactory definition of these words, along the following lines: an acting of object x on object y is the cause of the change in object y, when at the same time object x acts on object y, object y changes, and if something of the type of object x acts on an object of the type of object y, then object y changes. When expanding the proposed definition, I consider, among others: (a) traditional counterarguments aimed at the existence of cause-effect relation, (b) the question of necessity as a component of the notion of causality, (c) the notion of acting on something and the circumstances of its occurrence, (d) the essence of change, and (e) the causality principle. In addition, I sketch the relation of the reconstructed notion of causality to the notions of motivation, perpetration, and the act of creation (in arts and in Catholicism).
This presentation outlines the movement of the contemporary Church away from the institutional ecclesiology. Within the context of the post-conciliar ecclesiology and being inspired by the thought of Y. Congar, I have developed 5 principles of reform (the Word of God and liturgy, love and witness, anthropological, ecumenical, interreligious). I have also submitted a few practical indications of this reform (tradition and modernity, unity with a whole, freedom and moral standards, respect for the transcendental reality) in order to perform it. The reform of the Church properly understood becomes her development, which should be seen as a long process, inscribed in the history of the Church as well as in the life of a believer. In their everyday life today’s mystics follow this way of the Church’s development and of their own conversion. Mysticism is not just for those who have been specially elected, but by the grace of Baptism, every Christian is called to holiness and to the practice of mysticism. Even not being aware of it, many are practicing it. Thus those principles and indications of the ecclesial reform also apply to our everyday life of following Christ in his Church.
The purpose of this article is to determine the relationship between the principles of subsidiarity and effectiveness and an effective remedy for the excessive length of proceedings within the legal order of the European Convention on Human Rights. The article assumes that these key principles of the ECHR’s legal order have an impact on such a remedy, both in the normative and practical dimensions. This assumption has helped explain many aspects of the Strasbourg case law regarding this remedy. Concerning the relationship of this remedy with the principle of subsidiarity, it raises issues such as: the “reinforcing” of Art. 6 § 1; the “close affinity” of Arts. 13 and 35 § 1; and the arguability test. In turn, through the prism of the principle of effectiveness, the reasonableness criterion and the requirement of diligence in the proceedings are presented, followed by the obligations of States to prevent lengthiness of proceedings and the obligations concerning adequate and sufficient redress for such an excessive length of proceedings. The analysis shows that an effective remedy with respect to the excessive length of proceedings is not a definitive normative item, as the Court consistently adds new elements to its complex structure, taking into account complaints regarding the law and practice of States Parties in the prevention of and compensation for proceedings of an excessive length.
Maritime spatial planning is quite a new field that emerged as an idea only after 2000, with the first practical implementation after 2010. In Polish legislation, the first entries regarding the possibilities of this type of planning appeared in 2003. For the next ten years resources of necessary knowledge and human competences had been created. In this way, a considerable amount of knowledge in the field of maritime spatial planning was accumulated in Poland, and our country has become one of the leaders in scientific research in this field. Poland has enriched the MSP methodology and has proposed many new and pioneering solutions. In 2016, the Directors of Maritime Offices began developing a coherent draft of maritime spatial plan for Polish maritime areas in the part relating to the exclusive economic zone, the territorial sea and parts of internal sea waters (including the Gulf of Gdańsk) on a scale of 1: 200,000. The work on the preparation of this draft plan was coordinated on behalf of all offices by the Director of the Maritime Office in Gdynia, and the work was assigned to a Consortium consisting of the Maritime Institute in Gdańsk and the Maritime Fisheries Institute – National Research Institute in Gdynia. The Polish plan is included in the top ten plans in the world and is one of the first to have a decision-making and not indicative character. The Polish planning process has resulted in the development of many innovative solutions that are worth wider dissemination. The presented study aims to identify key problems and formulate conclusions regarding spatial planning of Polish maritime areas, as well as to propose the most important directions for further planning work. The analytical material that is the subject of the study are experience and solutions adopted in our country for maritime spatial planning.
This article is an attempt to identify the essence of new positivism, described by Ludwik Ehrlich as a method of interpretation of international law. The evolution of his views on international law is examined with respect to the place of this method from the beginning of 1920s until his retirement in 1961. The article expounds on both the theoretical and methodological aspects of new positivism, according to which judicial decisions should be taken into account in addition to international treaties and customs for the determination of international law. The question of the obligatory force of international law is discussed as being related to the principle of good faith, which is at the core of Ehrlich’s views on international law. The article offers suggestions on how the method of new positivism might be used and what tasks it can fulfil today. It also makes an attempt to critically analyse Ehrlich’s method and to characterize it both in general and in the context of the theory of international law.
The present text describes the attitude toward sources of law in the recent works of the International Law Commission (ILC) on custom, general principles of law, and jus cogens (with special emphasis on reports of the respective special rapporteurs). The three main tasks of the text are to verify whether the ILC rapporteurs: grasped the essence of unwritten sources (reality-concern); preserved the coherence of views when referring to different topics (coherence-concern); and last but not least allow states to have the decisive voice as regards the set of their obligations (sovereignty-concern). The author notes the nominal strict attachment of the ILC to two-element nature of custom as a general practice recognized as law. Though in fact it should be a good message for states, this strict attitude of the ILC seems not to be based on a real stress test. It seems to ignore the reality of lawyers and even international judges referring to several customary norms without the slightest attempt to verify the true existence of both the two elements of custom – namely practice and opinio juris. What is more, the ILC does not see any problem with calling all general principles as sources of law. What is overlooked is the element of state consent to be bound by several presumed general principles. This is qualified by the author as a threat to state sovereignty – with states being pressured to follow some patterns of conduct to which they have not given their consent.