bluuebunny/crossref_metadata_2025 huggingface dataset:
Bogs, bones and bodies: the deposition of human remains in northern European mires (9000 BC–AD 1900)
Authors: van Beek Roy , Quik Cindy , Bergerbrant Sophie , Huisman Floor , Kama Pikne
Published: January 2023

Bog body studies have focused on rich individual biographies, largely neglecting broader spatial and temporal trends. Here, the authors present the first large-scale overview of well-dated human remains from northern European mires, based on a database of 266 sites and more than 1000 bog mummies, bog skeletons and disarticulated/partial skeletal remains. Analysis demonstrates fluctuating depositions of human remains between the Early Neolithic and early modern times, significant and shifting spatial clustering, and variation in site characteristics (e.g. preservation, use frequency, cause of death). The results emphasise previously unrecognised activity phases and highlight issues with categorising motives, especially around ritual violence.
Fé e espiritualidade no enfrentamento do adoecimento de pacientes clínicos internados em um hospital universitário
Authors: Lima Carolina Silveira de , Armua Natália da Cunha , Oliveira Marlon Pereira de , Arrieira Isabel Cristina de Oliveira
Published: January 2023

Objetivo: compreender a relação da fé e/ou espiritualidade no enfrentamento do adoecimento. Método: estudo qualitativo, descritivo e exploratório, realizado com 18 pacientes internados na clínica médica de um hospital universitário no Sul do Brasil. As informações foram coletadas de setembro a outubro de 2019, através de instrumento semiestruturado e categorizadas por meio de análise temática. Resultados: a fé e/ou espiritualidade são recursos importantes evidenciada entre pacientes durante o processo de adoecimento e se manifestam de forma individual podendo variar de acordo com cada cultura, crenças e vivências. Conclusões: a fé e/ou espiritualidade está presente em todos os entrevistados e se fortalece quando alguma doença ameaça modificar a vida. Logo, cabe aos profissionais da saúde reconhecerem esse potencial e incluí-la no plano de cuidado, tornando-o mais humanizado.
FUS Contributes to Nerve Injury-Induced Nociceptive Hypersensitivity by Activating NF-κB Pathway in Primary Sensory Neurons
Authors: Han Guang , Li Xiang , Wen Chun-Hsien , Wu Shaogen , He Long , Tan Cynthia , Nivar John , Bekker Alex , Davidson Steve , Tao Yuan-Xiang
Published: January 2023

Dysregulation of pain-associated genes in the dorsal root ganglion (DRG) is considered to be a molecular basis of neuropathic pain genesis. Fused in sarcoma (FUS), a DNA/RNA-binding protein, is a critical regulator of gene expression. However, whether it contributes to neuropathic pain is unknown. This study showed that peripheral nerve injury caused by the fourth lumbar (L4) spinal nerve ligation (SNL) or chronic constriction injury (CCI) of the sciatic nerve produced a marked increase in the expression of FUS protein in injured DRG neurons. Blocking this increase through microinjection of the adeno-associated virus (AAV) 5-expressingFusshRNA into the ipsilateral L4 DRG mitigated the SNL-induced nociceptive hypersensitivities in both male and female mice. This microinjection also alleviated the SNL-induced increases in the levels of phosphorylated extracellular signal-regulated kinase 1/2 (p-ERK1/2) and glial fibrillary acidic protein (GFAP) in the ipsilateral L4 dorsal horn. Furthermore, mimicking this increase through microinjection of AAV5 expressing full-lengthFusmRNA into unilateral L3/4 DRGs produced the elevations in the levels of p-ERK1/2 and GFAP in the dorsal horn, enhanced responses to mechanical, heat and cold stimuli, and induced the spontaneous pain on the ipsilateral side of both male and female mice in the absence of SNL. Mechanistically, the increased FUS activated the NF-κB signaling pathway by promoting the translocation of p65 into the nucleus and phosphorylation of p65 in the nucleus from injured DRG neurons. Our results indicate that DRG FUS contributes to neuropathic pain likely through the activation of NF-κB in primary sensory neurons.

SIGNIFICANCE STATEMENTIn the present study, we reported that fused in sarcoma (FUS), a DNA/RNA-binding protein, is upregulated in injured dorsal root ganglion (DRG) following peripheral nerve injury. This upregulation is responsible for nerve injury-induced translocation of p65 into the nucleus and phosphorylation of p65 in the nucleus from injured DRG neurons. Because blocking this upregulation alleviates nerve injury-induced nociceptive hypersensitivity, DRG FUS participates in neuropathic pain likely through the activation of NF-κB in primary sensory neurons. FUS may be a potential target for neuropathic pain management.
WORKLOAD ANALYSIS OF ADMINISTRATIVE STAFF IN FACULTIES AND ACADEMIC CENTERS: A CASE STUDY IN UNIVERSITI MALAYSIA PAHANG
Authors: Mohd Nazmi Sahdan  , Suhaidah Hussain
Published: January 2023

One of the main issues in achieving optimal results is the disproportion between the workload and the work capacity of an individual. The main constraint in independently measuring an individual's tasks is for non-recurring tasks and the implementation of a work process varies between individuals. As a pilot study, this research collected responses from 16 administrative staff from 9 faculties and academic centers at Universiti Malaysia Pahang (UMP) who were selected using purposive sampling techniques with each respondent selected according to their position, grade, and job scope. Qualitative research methods are used to study the suitability of the methods used in Indonesia to be implemented in UMP considering aspects of experience, insights, and work culture in their daily tasks. There are two types of data collection tools used which are the main data collected through interview sessions and secondary data obtained through documents of Job Description and Work Process. The goal of this research is to measure the Level of Efficiency of working time as well as the Full-Time Equivalent (FTE) analysis. Efficiency Level is an analysis of the efficiency of day-to-day working hours while FTE analysis is the level of workload for each individual. For the Efficiency Level, the results showed that only 7 respondents were at a very good level of at least 1.00 while for the FTE analysis, 6 people were at the Inload level and one was at the overload level. Based on the analysis, it was found that the distribution of the workload is disproportionate, and therefore, this study is expected to guide efficient and effective human resource planning to optimize human resources as well as improve productivity and quality of services at Universiti Malaysia Pahang.
LOVE OF LABOR: A PHENOMENOLOGICAL INQUIRY OF UNPAID OVERTIME EXPERIENCED BY BPO EMPLOYEES
Authors: Larysa Shynne Serilla  , Hazel Mae B. Suarez  , Hardlyjun M. Naquila  , Christian Paul Moyon
Published: January 2023

The present study investigated the unpaid overtime experienced by BPO rank-and-file employees and its effect on their career growth, well-being, and labor earnings. How unpaid overtime affects the morale and productivity of employees, and how responsive the organization's policies are to their needs.  The researchers have used a phenomenological approach to achieve the study's objectives of identifying the causes and effects of the pressing issues of unpaid overtime experienced by workers. Additionally, the researchers used key informant interviews and focus group discussions in gathering the data among the participants by using an unstructured interview questionnaire to collect information and responses based on their experience with the guide questions. As such, the study found that unpaid overtime detrimentally affects the overall productivity and morale of the employees concerning their work quality in performing their job; unpaid overtime has no direct correlation with career growth; however, it has significantly affected their labor earnings and affects the well-being of the employee, numerous labor violations have been discussed and identified including miscalculation of overtime pay or salary disputes, intimidation from superior to work forcefully with overtime, and decreasing the original incentives to be received to what has been agreed upon and compromised the interest of the employees in rendering unpaid overtime work.
THE ASSOCIATION OF COVID-19 CASES WITH THE SOCIAL AMELIORATION PROGRAM (SAP) AND POPULATION DENSITY: A GEOSPATIAL ANALYSIS
Authors: Vicente E. Montaño
Published: January 2023

The COVID-19 pandemic prompts the government to lock down communities and spread safety nets through subsidies to control the contagion. Consequently, the strict lockdowns refrained individuals from venturing outside and impacted their reliance on the Social Amelioration Program (SAP) from the government. This study attempts to assess the effect of SAP distribution in highly populated cities in Metro Manila in the situation of possible increase of COVID-19 contagion. The geospatial analysis showed a significant association between the SAP distribution and high population density being vulnerable during the COVID-19 pandemic outbreak. The cities of Manila, Caloocan, and Quezon City pose the highest risk for individuals defined by the ratio of correct predictions to the overall occurrence of the predicted COVID-19 cases.
ARE WE CAPABLE ENOUGH TO INNOVATE?: A CASE STUDY OF HS TECH SDN. BHD
Authors: Heramban Selvam  , Imaduddin bin Abidin  , Puteri Fadzline Muhamad Tamyez
Published: January 2023

Innovation is at the heart of company activity, based on the continuous technological development of products and services. However, a few only consistently measure their innovation capabilities to ensure sustainability in competitiveness. Through a single case study, an innovation fitness assessment was used to evaluate the innovation capabilities, and interviews has been conducted to determine how they further manage their innovation. The themes that emerged were quality assurance, culture and climate, structures and systems, organizational intelligence, harnessing the competence base, and research and development. In general, all scores of the innovation assessment are over average, except for processes. Areas of improvement should be more focused on the innovation process. It is recommended for companies that are engaged in the innovation management process, and the importance of conducting their innovation fitness. Focusing on these 6 dimensions of innovation capability will increase their competitiveness.
Forestry Sector Corruption and Oligarchy: A Case Study of the Laman Kinipan Indigenous People, Central Kalimantan
Authors: Prakasa Satria Unggul Wicaksana , Hariri Achmad , Arifin Samsul , Asis Asis
Published: January 2023

Corruption is a serious problem in the rule of law development and sustainable development efforts. Law enforcement for weak environmental destroyers. On the other hand, the corruption process that is conducted involves a very strong power network and has impunity. This paper used a socio-legal based legal research method. Corruption in the forestry sector in Indonesia not only harms the state financially, but also creates environmental degradation that has an impact on human rights violations for the Laman Kinipan indigenous people. The Laman Kinipan indigenous people as victims of environmental damage have the right to get a solution from the perspective of being victims of environmental damage, both in the context of criminology, access to responsibility and accountability for environmental damage, then the impact of community sociology recovery, ensuring for perpetrators of environmental damage receive appropriate sanctions, as well as recovery in a collective sense. An effective anti-corruption mechanism with programs and compliance intended for business people and the government in preventing bribery corruption in the licensing sector, especially for PT.SML and the concession management circle at Laman Kinipan. Strengthening the concept of strict liability is a very strategic option in this era of industrialization to prevent environmental damage from corruption in the forestry sector.
SerpinA3N deficiency attenuates steatosis and enhances insulin signaling in male mice
Authors: Tran Melanie , Mostofa Golam , Picard Michael , Wu Jianguo , Wang Li , Shin Dong-Ju
Published: January 2023

Aberrant hepatic lipid metabolism is the major cause of non-alcoholic fatty liver disease (NAFLD) and is associated with insulin resistance and type 2 diabetes. Serine (or cysteine) peptidase inhibitor, clade A, member 3N (SerpinA3N) is highly expressed in the liver; however, its functional role in regulating NAFLD and associated metabolic disorders are not known. Male wildtype and hepatocyte Serpina3N knockout (HKO) mice were fed a control diet, methionine- and choline-deficient diet or high-fat high-sucrose diet to induce NAFLD and markers of lipid metabolism and glucose homeostasis were assessed. SerpinA3N protein was markedly induced in mice with fatty livers. Hepatic deletion of SerpinA3N attenuated steatosis which correlated with altered lipid metabolism genes, increased fatty acid oxidation activity and enhanced insulin signaling in mice with NAFLD. Additionally, SerpinA3N HKO mice had reduced epididymal white adipose tissue mass, leptin, and insulin levels, improved glucose tolerance, and enhanced insulin sensitivity which was associated with elevated insulin-like growth factor binding protein-1 (IGFBP1) and activation of the leptin receptor (LEPR)-STAT3 signaling pathway. Our findings provide a novel insight into the functional role of SerpinA3N in regulating NAFLD and glucose homeostasis.
The Preoperative Uric Acid-to-Albumin Ratio as a New Indicator to Predict Long-Term Prognosis After Surgery for Patients with Acute Type A Aortic Dissection
Authors: Wang Xue , Deng Chao , Guo Fengwei , Zhong Liang , Gao Heng
Published: January 2023

Background: The long-term prognosis of patients with acute type A aortic dissection (AAD) is poor, despite emergency surgical treatment. Therefore, it is imperative to evaluate patient risk factors to improve the prognosis. The aim of this study was to analyze the ability of the uric acid-to-albumin ratio (UAR) to predict the long-term mortality of patients with type A AAD after surgery.
Methods and results: A total of 289 patients with type A AAD who had received surgical treatment was enrolled in this study. Peripheral blood samples were collected before anesthesia induction. All patients were divided into the UAR < 9.875 group and the UAR ≥ 9.875 group, and mortality significantly differed between the two groups. The patients were further divided into survival and non-survival groups, according to whether death occurred after the procedure based on a one-year follow up. Factors, including age, hypertension, albumin, UAR, and D-dimer, differed significantly between the survival and non-survival groups. The independent risk factors for long-term death in patients with type A AAD were analyzed by univariable and multivariable COX regression analyses, and the predictive value of these indices for postoperative mortality was assessed based on the receiver operating characteristic (ROC) curves. Preoperative UAR (HR 1.904, 95% CI, 1.097 to 3.305; P < 0.05), D-dimer (HR, 1.991,95% CI, 1.116 to 3.554; P < 0.05 ), and age (HR 2.216, 95% CI, 1.287 to 3.815; P < 0.05) were identified as independent risk factors for one-year mortality in patients with Type A AAD. The area under the ROC curve (AUC) of UAR was 0.618 [95% (0.544, 0.693)], and the sensitivity and specificity were 69.6% and 51.8%, respectively (P = 0.003). The AUC for albumin was 0.349 [95% (0.274, 0.425)], and the sensitivity and specificity were 26.1% and 51.8%, respectively (P = 0.000), The AUC for uric acid was 0.544 [95% (0.470, 0.619)], and the sensitivity and specificity were 78.3% and 34.5%, respectively (P = 0.265). The AUC for UAR + age + D-dimer was 0.751 [95% (0.681, 0.821)], and the sensitivity and specificity were 76.8% and 68.2%, respectively.
Conclusions: UAR in patients with type A AAD may be used as a new independent risk factor for long-term mortality. Its predictive value is superior to that of albumin or uric acid alone. The combination of UAR, age, and D-dimer provide good prognostic value.
Labor market in Ukraine: current challenges and risks
Authors: Chepurko Gulbarshyn
Published: January 2023

The article analyzes the situation on the labor market in Ukraine, starting before COVID-19 pandemic and up to present. It is noted that in recent years Ukrainian labor market is characterized by transformation stage, accompanied by specific negative consequences, including reduced productivity, deteriorated employment conditions, non-standard employment segment expansion and more. Professional occupation imbalance of supply and demand is significant on the national labor market. It increasingly loads regional labor markets, rasing the level of unemployment and social tension in the country. All these negative consequences rised up with COVID-19 pandemic and invasion of Ukraine by Russian Federation troops. It is noted that the main domestic labor market changes caused by COVID-19 pandemic during 2019–2021 are: decreasing employment; increasing unemployment rate; decreasing number of labor migrants; decreasing population incomes in labor force sale and self-employment because of job loss, decreasing salaries and entrepreneurs’ income. New trends in labor market caused by war in Ukraine are analyzed. As a result of war, the salaries of Ukrainians decreased, some specialists lost their jobs, and some professions lost their demand on the market. Companies were forced to relocate their businesses to safer regions, so the labor market structure changed depending on the region. Demand for work exceeds its supply, unemployment is high. It is defined that after having overcome the crisis caused by COVID-19 pandemic and war, there will be a need to attract more labor and expand employment opportunities on the Ukrainian labor market. Therefore, one of the important tasks of the state now is to create a clear system of priorities for employment. Among them: saving and developing human capital, creating incentives for employment and service export, deregulation and transparency of rules.
Public opinion exists, but is it always detectable?
Authors: Mishchenko Mykhailo
Published: January 2023

The article examines the problem of the reliability of the results of public opinion polls, taking into account the fact that the respondents’ answers, due to various reasons, do not always reflect their true opinion. The article presents the results of an expert survey, during which experts assessed the extent of deviations in the results of public opinion polls due to the tendency of respondents to give “conformist” answers, caused by the fear of expressing views that may be punished by the authorities, in various situations: when conducting surveys in the regions of Ukraine, which are controlled by the Ukrainian authorities; if surveys are conducted by Ukrainian research institutions in the territories of Ukraine temporarily occupied by Russia; if survey are conducted by Russian research institutions in the territories of Ukraine temporarily occupied by Russia; when surveys are conducted in the territory of Russia. Both the results of the analysis of poll studies and the results of an expert survey indicate that there is always a problem in public opinion polls of the insincerity of respondents’ answers and a systematic error caused by the bias of the sample in the direction of respondents “loyal to the government” or respondents who consider themselves to be in the “ideological majority”. This problem is significantly exacerbated in the conditions of strengthening authoritarian tendencies in society or an atmosphere of intolerance, including that caused by war. Under certain circumstances, these factors can significantly reduce the reliability of the results of public opinion polls. The magnitude of the shift in survey results caused by the influence of these factors will vary significantly depending on changes in the socio-psychological atmosphere of society, the subject of research and questions, and the level of their sensitivity.
Contamination of dental unit water lines (DUWL) with Legionella pneumophila and Pseudomonas aeruginosa; A Middle East systematic review and meta-analysis
Authors: Khajezadeh Masoud , Mohseni Fatemeh , Khaledi Azad , Firoozeh Arezoo
Published: January 2023

This review aimed to evaluate the contamination rate of dental unit waterlines (DUWL) with Pseudomonas aeruginosa and Legionella pneumophila in several countries in the Middle East.

Literature search was conducted in databases such as PubMed, Scopus, Web of Science, and Google Scholar to gather studies published from the beginning of 2000 to 30th April 2020. Medical Subject Headings (MeSH) terms were; “Legionellosis”; “Legionnaire”, “Legionellosis”, “L. pneumophila”, “dent”, “dental”, “dentistry”, “Dental Unit Waterlines”, “dental water”, “DUWL”, “Middle East”, “P. aeruginosa”, “Iran”, “Turkey”, “Iraq”, and “Jordan”. The search was independently conducted by two of the authors. Data was analyzed using Comprehensive Meta-Analysis software.

Almost all studies included in this review reported a high rate of bacterial contamination of DUWL, which exceeded the current standard bacterial contamination level of <200 (CFU) mL−1 recommended by the American Dental Association (ADA). The combined prevalence of L. pneumophila from four countries (Iran, Jordan, Turkey, and Iraq) was 23.5% (95% Cl: 6.5–57.7), and the combined prevalence of P. aeruginosa was reported 21.7% (95% Cl: 7.1–50.1%).

This study showed a high bacterial contamination rate of DUWL with opportunistic pathogens. So, it is recommended to prevent biofilm formation in DUWL, some measures should be extended by practical approaches allowing for water quality control and improvement on-site in the dental practices such as mobile filtration units, chlorination and disinfection chemicals.
Estetyka, stabilność i funkcjonalność jako przesłanki w procesie tworzenia i zmian w Konstytucji Rzeczypospolitej Polskiej
Authors:   Uniwersytet Jana Kochanowskiego w Kielcach, Jaskiernia Jerzy
Published: January 2023

The author analyzed the premises that would justify changes to the constitution. Prerequisites such as aesthetics, stability and functionality are at the center of attention. Based on the experience of the Polish political system after 2015, the author stated that the pursuit of the aesthetics of the constitution, in the form of its brevity and general character of the norms, is still relevant, but it cannot be a decisive premise. It is much more important to strive for the precision of norms in order to ensure the functionality of the constitution as the main stabilizer of the system. These experiences teach that the application of the constitution cannot be presumed in good faith, and all its essential provisions should be tested to the extent that they can be interpreted in bad faith, e.g. by creating a field for circumventing the constitution.
Realizacja zasady jawności w postępowaniu przed sądami administracyjnymi w okresie epidemii wirusa SARS-CoV-2
Authors:   Uniwersytet Jana Kochanowskiego w Kielcach, Szyszka Anna
Published: January 2023

The introduction of the SARS-CoV-2 virus epidemic on March 20, 2020 resulted in changes in the functioning of the Polish administrative judiciary in the field of examining administrative court cases. The solutions provided for in Art. 15 zzs4 of the Covid act provide for the possibility of conducting a court-administrative hearing in a differentiated mode with the consent of the party to the proceedings. Moreover, the powers of the head of the division in the field of hearing cases in administrative courts are significantly modified. At the same time, it should be noted that the provision of Art. 182 p.p.s.a. relating to the examination of cassation complaints by the Supreme Administrative Court. The threat to human health and life caused by the SARS-CoV-2 virus made it necessary to adapt the functioning of administrative courts to the changed reality in such a way as not to eliminate the threat to the parties to the proceedings by introducing the possibility of holding a hearing in a place or hearing the case in closed session. The solution enabling the parties to participate in a remote hearing affects the implementation of the principle of open proceedings.
Konstytucyjna zasada proporcjonalności wyborów a wielkość okręgu i metoda podziału mandatów. Symulacja zmiany parametrów na przykładzie wyników głosowania w wyborach do Sejmu RP
Authors:   Uniwersytet Mikołaja Kopernika w Toruniu, Peszyński Wojciech , Tomczak Łukasz ,   Uniwersytet Szczeciński
Published: January 2023

The aim of this article is to, on the basis of the case study of Polish elections to the Sejm, answer the question of which factor has a greater impact on the increase in the proportionality of the electoral system - the minimization of the number of constituencies or the change in the method. In order to do it, the Authors specified the results of six elections to the Sejm in the years 2005-2019 and the value of the proportionality index in two simulation versions. In the first one, the number of constituencies was limited from 41 to 16. In the second, the method of determining the result was changed from D’Hondt into modified Sainte Lague. The results were relatively surprising.
Wpływ samorządów prawniczych na regulacje dostępu do pomocy prawnej w latach 2014-2020
Authors:   Uczelnia Łazarskiego, Masior Michał ,   Uczelnia Łazarskiego, Chmielnicki Paweł
Published: January 2023

The article attempts to assess the lobbying activity of the Polish law associations. The study sought to identify the scale and method of their possible impact on the legislation. The convergence of the public and private interests was assessed in the field of law on legal services and legal aid as enacted in 2014-2020. It was assumed that these interests would be contradictory, which turned out to be false in half of the cases examined. On the other hand, the assumption about the influence of the law associations on the new legislation on legal services was positively verified. The hypothesis stating that their influence is considerable was refuted, as most of the analyzed acts were in line primarily with the common good, and less so with the interests of lawyers. The involvement in the lobbying of the law associations, as well as its effectiveness, turned out to be moderate. In half of the cases, wider access to legal services was associated with a reduction in the privileges of lawyers.
The Category of Truth in the Constitutions of Modern States
Authors:   University of Rzeszów, Maroń Grzegorz
Published: January 2023

The subject of the article is references to the truth in the constitutions of modern states. The comparative study shows multiplicity of contexts in which the category of truth is mentioned in several dozen fundamental laws. The mention of truth in the constitutions as a component of the axiology of the legal and social order, the basis of transitional justice or the principle of court and administrative proceedings should be assessed positively. However, making the truth a limit of freedom of speech raises serious reservations. Granting constitutional protection only to truthful statements can stifle the public debate on socially prominent issues. The conducted analysis does not confirm the thesis of political liberalism that the truth is irrelevant for law and politics.
The Legal Protection of Digital Content as an Element of Constitutional Rights
Authors:   War Studies University, Warsaw,, Chałubińska-Jentkiewicz Katarzyna
Published: January 2023

Digital content is another important concept which helps to assess what cyber responsibility is in the context of the issue of protection, and what problems arise with its definition in the constitutional rights sphere. The distribution of digital content, especially in the social media, is by definition characterised by its cross-border nature. The condition for the preservation and development of this asset as digital content is not only the innovative management of the content disseminated through new media, but also the guarantee of the right of the protection of this content as a human right.
Directions and Scope of Amendments in Polish Electoral Criminal Law of 2018
Authors:   University of Szczecin, Zych Radosław
Published: January 2023

The subject of this paper is to discuss the new institutions of Polish electoral criminal law, which are the penal provisions from 2018 added to the Electoral Code. These institutions, in addition to the norms guaranteeing the fairness of the electoral process and, at the same time, contributing to ensuring the fairness of elections resulting from international documents, national law, jurisprudence and views of the doctrine. The author discusses the features of a new type of prohibited act resulting from the amendment to the Electoral Code.
Administrative Monetary Penalties During a Pandemic Covid-2019 in Poland. Selected Aspects
Authors:   Academy of Finance and Business in Warsaw, Hoffmann Tomasz
Published: January 2023

The article discusses administrative fines imposed in connection with the Covid-19 pandemic. The form and rules of their imposition allow us to assume that the pragmatics of their imposition was flawed from the very beginning of the pandemic. This is confirmed by the judgments of administrative courts which question the financial penalties in question.
Belgia jako laboratorium federalizmu bipolarnego
Authors:   Uniwersytet Łódzki, Ujazdowski Kazimierz M.
Published: January 2023

Having moved away from unitarism, Belgium is described as a federal state of communities and regions. A large number of interpreters of the Belgian Constitution believe that federalism is an essential element of its constitutional identity. However, a more detailed analysis is needed to interpret the political system of this state. The breakdown of the unity of the political community at the national level as well as the doubt about the existence of a political nation are of crucial importance. A striking identity and growing separateness of the two linguistic groups, Flemish and Walloon, are decisive factors behind the originality of the political system of modern Belgium. In the article, I point out that the distinctive feature of the Belgian federalism involves the bipolarity and domination of the constitutional mechanism based on co-determination and co-operation of the two linguistic groups as the actual subjects of the power in the state. The predominance of this mechanism has significant systemic effects, including the renunciation of reforms to rationalize parliamentarism. The article also shows the importance of the Constitutional Court, hitherto underestimated, in maintaining the Belgian unity.
Projekty Hiszpańskiej Socjalistycznej Partii Robotniczej (PSOE) dotyczące zmiany Konstytucji Hiszpanii z 1978 r.
Authors:   Uniwersytet Śląski w Katowicach, Myśliwiec Małgorzata
Published: January 2023

The main research objective of the study is to find an answer to the question: what are the main assumptions of the political reform proposed by the Spanish Socialist Workers’ Party (Partido Socialista Obrero Español – PSOE) regarding the amendment of the Spanish constitution of 1978? The study was carried out by implementation of the method of qualitative data analysis and regarded selected legal acts and PSOE party documents. The time frame of the study was set for the years 2004–2021. The initial caesura is justified by the electoral victory of PSOE at 2004. The final turning point is marked by the debates of the 40th PSOE Congress, held between October 15 and 17, 2021 in Valencia.
Prokuratura a Sejm
Authors:   Uniwersytet Rzeszowski, Zięba-Załucka Halina
Published: January 2023

Author argues in the article that under the legal status preceding the 2009 amendment to the Act on the Public Prosecutor’s Office, the Sejm’s control over the actions of the Minister of Justice – Prosecutor General found a direct basis in the constitutional norm, which entrusts the Sejm with the control over the Council of Ministers. Under the 2009 prosecution model, where the functions of the Prosecutor General and the Minister of Justice were separated, the Prosecutor General, directing the activities of the prosecution service, was an autonomous body in relation to Council of Ministers, President, Sejm and Senate. The reconnection of the functions of the Minister of Justice and Prosecutor General by the 2016 Act gives the Sejm the possibility of parliamentary control of the Prosecutor General. Author indicates the instruments of parliamentary control emphasizing that the Sejm is entitled only to such powers of control that have been clearly defined in the Constitution and laws. Author justifies the thesis that the diversity of the models of functioning of the prosecutor’s office in Poland, as an institution beyond the framework of the classical Montesquieu classification, does not deprive the Sejm of the right to control the prosecutor’s office, which he realizes with the help of diverse means.
Restrictions of Fundamental Rights and Freedoms During the Pandemic in Slovakia
Authors:   The Pavol Jozef Šarárik University in Košice, Dobrovičová Gabriela
Published: January 2023

Artykuł analizuje braki w regulacji prawnej ochrony zdrowia publicznego ujawnione w kryzysie wywołanym pandemią COVID-19. Działania antypandemiczne podejmowane w kontekście ochrony życia i zdrowia nie spełniały wymagań jakościowych stawianych legislacji pozwalającej na proporcjonalne ograniczanie podstawowych praw i wolności. Wyznaczanie granic podstawowych praw i wolności zastrzeżonych dla ustawodawcy zostało niedopuszczalnie pozostawione pozaprawnemu stanowieniu prawa.
The Role of the Branches of Powers in Law-Making in Hungary
Authors:   University of Public Service, Gáva Krisztián , Téglási András ,   University of Public Service
Published: January 2023

In Hungary legislative power rests with the National Assembly. According to the Fundamental Law of Hungary the authority to pass legislation is vested in the National Assembly, the supreme body of popular representation. This paper gives a general overview of the role of the branches of powers in law-making in Hungary. We introduce the role of the legislative power in law-making, the role of the executive power, the role of the judicial power in law-making, and finally the role of the President of the Republic in legislation.
Powers of the President of the Republic of Poland in the Field of Ensuring State Security
Authors:   Rzeszów University of Technology Ignacy Łukasiewicz, Jurgilewicz Marcin
Published: January 2023

In the light of the Constitution of the Republic of Poland of April 2, 1997, the President of the Republic of Poland is the supreme representative of the state and the guarantor of the continuity of state power, and is obliged to uphold the sovereignty and security of the state as well as the inviolability and integrity of its territory. In the constitution, as well as in other acts of statutory rank, the legislator granted the head of state the powers that are appropriate for the protection of state security and their citizens. The article presents in general terms the scope of powers of the President of the Republic of Poland, which, in the event of various threats, are used by the head of state in order to prevent them or minimize their effects.
Mit odpowiedzialności konstytucyjnej
Authors:   Uniwersytet Marii Curie-Skłodowskiej w Lublinie, Mojski Wojciech
Published: January 2023

The article attempts to prove that the mechanism of constitutional liability, generally accepted in democratic countries, is largely based on a systemic myth, which is primarily of historical origin, but which does not correspond to the modern doctrinally distinguished functions of law, constitution and its guarantees. In this context, this particular type of legal liability of high state officials has been subjected mainly to a theoretical functional analysis and taking into account teleological criteria, as well as factors that affect its assumed and actual systemic shape.
Uprzywilejowanie rządowych projektów ustaw w hiszpańskim procesie legislacyjnym
Authors:   Uniwersytet w Białymstoku, Jackiewicz Andrzej
Published: January 2023

In the article the author identifies the normative arguments as well as the arguments from the constitutional practice justifying the axiom contained in Article 89 of the Spanish Constitution that government draft laws are privileged at the stage of exercising the legislative initiative by constitutionally authorised entities. This allows us to conclude that the thesis of privileging government draft laws finds support in other constitutional provisions and in the provisions of the standing orders of both parliamentary chambers at the stage of initiating legislative proceedings, which allows the Government to have a real influence on the scope of the legislative matter considered by the Cortes Generales.
Zachowanie tajemnicy spowiedzi w sprawach karnych, cywilnych i administracyjnych jako warunek realizacji konstytucyjnego prawa do wolności sumienia i religii
Authors:   Uniwersytet Rzeszowski, Sowiński Piotr K.
Published: January 2023

The text is devoted to the issue of protection of the secret of confession provided on the basis of criminal trial, civil and administration process. This secret is the immanent element of the rites of persons exercising their freedom of conscience and religion under Art. 53 sec. 1 of the Constitution. Freedom of conscience and religion is one of the most important. The differences in the approach to clergy witnesses and possible solutions for the unification of mechanisms governing their interrogation were presented.
Constitutional Grounds for Introducing the State of Emergency. Comments in the Light of Threats Caused by the War in Ukraine, the Polish-Belarusian Border Crisis and the Covid-19 Pandemic
Authors:   WSPIA Rzeszów School of Higher Education, Eckhardt Krzysztof
Published: January 2023

The author analyzes the threats to state security and citizens that have arisen in recent years in Poland from the point of view of regulating the prerequisites for a state of emergency, trying to answer the question whether they justify the need to change the existing constitutional solutions. The general conclusion, which arises from these considerations, is that the constitution in this area does not require urgent amendment, while changes to the legislation are desirable.
The U.S. Supreme Court Jurisprudence and Reconsideration of Civil and States’ Rights (Brown v. Board of Education of Topeka)
Authors:   University of Warmia and Mazury in Olsztyn, Sokalska Edyta
Published: January 2023

The U.S. Supreme Court jurisprudence has often delineated the borders of American racial politics. In some way, the Supreme Court decisions reflected economic, political, cultural, and ideological values of the contemporary society. The decision of Plessey v. Ferguson was a symbolic establishment of the separate but equal doctrine. It was also significant from the perspective of American federalism. In the 1950s, several rulings of the U.S. Supreme Court influenced American racial politics and paved the way for changes in the context of the development of civil rights. The decision of Brown v. Board of Education of Topeka was victory of the civil rights movement. It was perceived as a model for the subsequent cases. The U.S. Supreme Court rejected the right of interposition. It was assumed that the power to declare federal laws unconstitutional applied not to the state but only to federal judiciary.
Piotr Mieszkowski o Senacie Rzeczpospolitej. Kilka uwag na temat XVII-wiecznego polskiego republikanizmu
Authors:   Uniwersytet Łódzki, Tulejski Tomasz
Published: January 2023

Piotr Mieszkowski is one of the forgotten republican writers of 17th century Poland. His reflections on the political system of the Polish-Lithuanian Commonwealth are the culmination of the debates that took place in the 16th century. In his treatise Polonus Iure Politus, Mieszkowski presents a mature perspective on the proper system of the Polish-Lithuanian state, which merges the Roman republican tradition and the achievements of Polish political philosophy of the Renaissance, its golden age. According to Mieszkowski, the Senate of the Polish-Lithuanian Commonwealth is of particular importance. The author of the article proves that Mieszkowski is one of the representatives of a group of constitutionalists of 17th century Commonwealth who considered the senate the crucial element of the political system, ensuring its durability and stability. The necessary condition for fulfilling this role, however, is the cultivation of republican virtues.
Suwerenność ludu w myśli politycznej lewellerów
Authors:   Uniwersytet Łódzki, Chmielewska Lucyna
Published: January 2023

Natural law, natural rights, and consent theory formed the language of popular sovereignty, to which appealed Parliament’s defenders and the Levellers during the English Civil War in the first half of the 17th century. The aim of the article is to reveal how the Levellers differed from the Parliament’s theorists in terms of the idea of popular sovereignty. These differences concerned primarily the understanding of the people and natural rights concepts, which was related to the political goals of the Levellers. In the political dispute that was the conflict between the king and Parliament, supporters of the latter appealed to the idea of popular sovereignty to justify Parliament’s activities, while the Levellers did so to defend the people from Parliament. To this end, they created an individualistic and contractualistic concept of popular sovereignty. The article presents this concept.
Obowiązek szczególnej staranności dziennikarza przy zbieraniu i wykorzystywaniu materiałów prasowych
Authors:   Akademia Ekonomiczno-Humanistyczna w Warszawie, Sobczak Jacek , Kakareko Ksenia ,   Uniwersytet Warszawski
Published: January 2023

The aim of the article is to establish the content of the concept of special diligence indicated in art. 12 sec. 1 of the Press Law, the obligation to exercise due diligence in collecting and usage press materials. The content of Art. 355 § 2 of the Civil Code as specifying what the diligence is expected from professionals. It was considered whether the exercise of “due diligence” in collecting the materials would exclude the unlawfulness of the journalist’s actions, if it turned out that, despite this diligence, false information was provided. The effects of failure to exercise due diligence in the matter of journalist’s liability were discussed, based on the analysis of jurisprudence that due diligence is required at all stages of collecting and usage press materials. The problem of due diligence was confronted with the journalist’s actions in defense of an important social interest.
Europejskie rady zakładowe jako instytucja dialogu społecznego w Polsce
Authors:   Uniwersytet Warszawski, Spytek-Bandurska Grażyna
Published: January 2023

The aim of the article is to characterize European works councils (EWCs) established in enterprises with a community scope. They belong to the institution of dialogue carried out within the framework of collective labor relations, being a manifestation of the constitutional principle of the social market economy. The author introduces the essence of these councils and the context of their appointment, indicates EU regulations and characterizes national legislation. A significant part of the study is devoted to the presentation of selected aspects of the functioning of councils based on his own empirical research conducted among Polish members who identified the strengths and weaknesses of these institutions, listed factors favoring their operation and reasons hindering creation based on knowledge and experience, giving rise to the identification of perspectives development of employee participation in changing socio-economic conditions.
Wybrane wymiary wolności człowieka w siłach zbrojnych demokratycznego państwa
Authors:   Uniwersytet Szczeciński, Piątek Jarosław
Published: January 2023

The article reviews the scientific literature on selected dimensions of human freedom, being the subject of influence of the Polish Armed Forces. The aim of the article is to examine their nature and the manner of their interconnection through institutional and legal mechanisms. The conceptual framework of the article is determined by the use of the concept of consilience, useful in the analysis of the operation of public institutions, using approaches in the field of: politics, security, law, public management, praxeology, human resource management and the functional-interpretative paradigm and moderate constructivism. This article shows the understanding of individual security from the perspective of legal respect for selected dimensions of freedom of a member of the armed forces.
Konstytucyjne prawo do nauki uczniów z niepełnosprawnością i jego realizacja w systemie szkolnictwa ogólnodostępnego
Authors:   Uniwersytet Rzeszowski, Zaborniak-Sobczak Małgorzata
Published: January 2023

The subject of this article is to examine the constitutionally guaranteed right to education from the perspective of its implementation in the mainstream education system for pupils with disabilities. The aim of the material is to provide a synthetic indication of the shortcomings observed in this respect, which may, in a broader perspective, pose a risk to the law under consideration. The material has been developed by a “practitioner” educator, for whom the legal regulations, although constantly undergoing numerous modifications, sometimes not in a transparent way, constitute the basis for the reorganization of the Polish mainstream education system toward non-discrimination and equality for previously disadvantaged groups. The above numerous amendments are ultimately not conducive to change for the better, on the contrary – they arouse resistance on the part of the most important addressees and implementers of the reforms being introduced “in instalments” – teachers.
Konstytucyjny standard określoności w aspekcie przestępstwa kradzieży z włamaniem
Authors:   Uniwersytet Warszawski, Maleszyk Anna
Published: January 2023

The study relates to the analysis of Art. 279 of the Penal Code (theft with burglary) from the point of view of constitutional standards of clarity of criminal law (Art. 42 sec. 1 of the Constitution). The analysis concerns the case law of the Supreme Court. The jurisprudence takes into account technical and technological progress which is important for the interpretation of the notion “burglary”. Dictionary definitions of this notion were also used. Moreover, the principle of nullum crimen sine lege certa was interpreted in the light of the Constitutional Tribunal’s jurisprudence. Against this background, it was concluded that Art. 279 of the Penal Code does not infringe the Constitution and its application – with the use of a dynamic method of interpretation – does not raise any objections. This provision adequately protects legal goods and its content allows for the predictable reconstruction of the features of a prohibited act.
Glosa do wyroku Sądu Okręgowego w Krośnie z 26 lipca 2021 r., sygn. akt II Ka 191/21
Authors:   Uniwersytet Łódzki, Kulesza Jan
Published: January 2023

Pro-life activists, publicly displaying banners depicting human fetuses, have raised controversy. In the judgment, the perpetrator, who himself removed the banners and destroyed them while dismantling, was found guilty but not punished. The inability of the person who removes such content to claim their state of higher necessity is a derivative of their actions aiming at interests of the perpetrator who placed the banners. Behavior so directed may be justified as necessary defense, but higher necessity. Legal scholarship assumes that this type of pro-life activity is unlawful, legal practice fails to reflect such an assessment. It is practically impossible to rely on acting in self-defense, which requires the unlawfulness of the attack. If it is possible to call the police, the citizen does not have the right to self-defense. It also does not serve when the police are already there, but it does not intervene.