bluuebunny/crossref_metadata_2025 huggingface dataset:
BRIDGE – CONSTRUINDO RESILIÊNCIA NUMA ECONOMIA GLOBAL DINÂMICA: COMPLEXIDADE ATRAVÉS DE ESCALAS NO NEXO ENTRE ALIMENTOS, ÁGUA E ENERGIA NO BRASIL
Authors: Guerra José Baltazar Salgueirinho Osório de Andrade
Published: March 2020

O Projeto Bridge- Construindo Resiliência numa economia global dinâmica: Complexidade através de escalas no nexo entre Alimentos, Água e Energia no Brasil - tem como objetivo desenvolver um quadro de análise e uma política de compromisso, para melhorar a capacidade de resiliência do nexo entre Alimentos, Água e Energia no Brasil face à mudança ambiental e econômica global. Este projeto irá combinar o estado da arte do conhecimento, estabelecido e desenvolvido especificamente no Reino Unido, com a capacidade analítica em modelagem socioeconômica e ambiental, a fim de construir uma robusta metodologia de avaliação da política ambiental visando o nexo entre Alimentos, Água e Energia no Brasil, num contexto de mudança global. No âmbito desta capacidade de modelagem, aptidões e conhecimentos serão transferidos para os intervenientes e as partes interessadas e relevantes, no Brasil, de modo a informar e a envolver uma transição continuada para a sustentabilidade, durante e para além do final deste projeto.
ANÁLISE DOS RISCOS ECONÔMICOS, SOCIAIS E AMBIENTAIS NA EXPLORAÇÃO DO GÁS DE XISTO POR “FRACKING” NO MUNICÍPIO DE PAPANDUVA – SC
Authors: Carpejani Gabriela , Guerra José Baltazar Salgueirinho Osório de Andrade , Casagrande Jacir Leonir
Published: March 2020

A exploração do Xisto, independentemente do método a ser utilizado em sua extração traz impactos negativos de ordem econômica, social e ambiental. Este artigo busca o embasamento teórico e a justificativa bibliográfica de que a exploração por FRAC ou Fracking para extração do gás de Xisto como fonte de energia é um retrocesso. Realiza-se uma discussão entre a literatura e as consequências deste método de extração para o Município de Papanduva, localizado no Estado de Santa Catarina – Brasil, nas esferas econômico, social e ambiental. Como resultado, entende-se que o processo de extração é um retrocesso e vai contra aos investimentos em tecnologia limpas e renováveis e que trará um passivo de legado sem precedentes. Palavras-chave: Exploração do Gás de Xisto. Fracking. Impactos Negativos. Tripé da Sustentabilidade. Energia.
ANÁLISE ECONÔMICA DE SOLUÇÕES PARA REDUZIR O CONSUMO DE ÁGUA POTÁVEL – ESTUDO DE CASO DE UMA RESIDÊNCIA EM JOINVILLE – SC
Authors: Bertolazzi Luísa , Custódio Diego Antônio
Published: March 2020

O objetivo deste estudo foi analisar as soluções econômicas para reduzir o consumo de água potável em uma residência em Joinville/SC. A pesquisa foi desenvolvida em uma residência unifamiliar, que possuía principalmente equipamentos convencionais. Primeiramente, levantou-se o perfil de consumo, estimado a partir de planilhas que foram preenchidas pelos residentes. Depois realizou-se a análise da redução de consumo com a substituição dos equipamentos convencionais por economizadores. Foram utilizadas as reduções teóricas de arejadores, restritores de vazão e válvula de descarga com acabamento do tipo “Dual flush”. Estudou-se a viabilidade do aproveitamento da água pluvial. Por fim, optou-se por combinar as duas estratégias de redução de consumo de água potável (aparelhos economizadores e o sistema de água pluvial). Estimou-se uma redução no consumo de 21,0%, caso fossem utilizados os equipamentos economizadores, com um retorno financeiro de 52 meses. Para o aproveitamento de água pluvial, a redução no consumo de água potável seria de 29,6%, e um retorno financeiro maior do que 50 anos. Na combinação dos sistemas, a economia financeira seria apenas R$ 2,84 por mês. Concluiu-se que adotar os equipamentos economizadores no lugar dos convencionais é a melhor opção custo-benefício, porém, ambientalmente, a combinação dos cenários seria o ideal.
A INFLUÊNCIA DA ADIÇÃO DE FILLER CALCÁRIO EM SUBSTITUIÇÃO PARCIAL AO CIMENTO EM ARGAMASSA ESTABILIZADA DE REVESTIMENTO DE PAREDES E TETOS
Authors: Sequeira Eduardo Martins , Ghisleni Geisiele
Published: March 2020

O cimento Portland é um dos materiais de construção mais utilizados no mundo, sendo assim, as indústrias cimenteiras são geradoras de grande parte dos gases de efeito estufa lançados na atmosfera. Além deste contaminantes, indústrias de britagem de rocha produzem como rejeito da mineração um pó extremamente fino, denominado filler, este por muitas vezes acaba por gerar um passivo ambiental. Entretanto, sua composição e granulometria o caracterizam como um material influenciável na reologia e no empacotamento das partículas nos materiais cimentícios. Novas abordagens ambientalmente, economicamente e tecnicamente sustentáveis na construção civil são possíveis, para a mitigação destes problemas. Atualmente, há uma grande demanda por produtos industrializados, sendo a argamassa estabilizada uma mistura úmida, comercializada pronta para o uso, a qual se mantém trabalhável de acordo sua composição. Diante deste contexto, o trabalho objetivou analisar o comportamento de argamassas estabilizadas com teores de filler calcário em quatro traços, referência (0% filler) e em substituições de 10%, 20%, e 30% de filler por cimento. As propriedades das argamassas foram analisadas através de ensaios normalizados tanto no estado fresco quanto endurecido. Os resultados comprovaram que o filler calcário provocou alterações reológicas e mecânicas nas argamassas, sendo que teores de substituição de 10% e 20% de cimento por filler provocaram melhoras na permeabilidade e absorção com pequenas variações nas características de resistência mecânica.
AVALIAÇÃO DE DIGESTATO PROVENIENTE DE RESÍDUOS ALIMENTARES POR MEIO DE ENSAIO DE GERMINAÇÃO
Authors: Simon Flora Würth , Castilhos Junior Armando Borges de
Published: March 2020

Em processos de digestão anaeróbia são obtidos o biogás, que pode ser aproveitado de diferentes formas; e o digestato, que pode ser utilizado como fertilizante ou condicionador do solo na agricultura por conter níveis elevados de macro e micronutrientes. A qualidade do digestato está relacionada com a ausência de fitotoxicidade, sendo necessária também a avaliação de sua composição. Neste estudo, foram realizadas análises físico-químicas de digestato produzido a partir da digestão anaeróbia de resíduos alimentares do restaurante universitário da UFSC – Campus Trindade, bem como um ensaio de germinação para avaliação da fitotoxicidade. O ensaio foi realizado utilizando-se 50 sementes de alface por tratamento, e aplicando-se as diluições no digestato de 100 % (puro), 50 %, 25 %, 10 % e 5 %. O digestato apresentou alguns parâmetros similares aos de outros autores, mas apresentou teor de nitrogênio mais baixo. Em relação ao ensaio realizado, o índice de germinação foi maior do que 75 % para todas as diluições testadas, exceto para o digestato puro. Sugere-se que sejam realizados outros ensaios de germinação com cargas orgânicas diferentes no digestor, para avaliar o efeito nas sementes, bem como um experimento em vasos.
UMA REVISÃO SISTEMÁTICA DE LITERATURA: EFICIÊNCIA AMBIENTAL E PRODUTIVIDADE NAS INDÚSTRIAS
Authors: Neves Gustavo Henrique Silva , Queiroz Adriane Angélica Farias Santos Lopes de , Soler Willy Alves de Oliveira
Published: March 2020

O impacto da atividade humana sobre o meio ambiente tem mostrado prognósticos preocupantes, principalmente em relação às mudanças climáticas e que requerem a adoção de medidas de mitigação e redução em ritmo superior ao que é feito hoje. Nesse sentido, a inovação no uso de programação matemática para a mensuração da eficiência em setores de intensivo uso de recursos ambientais, como nas indústrias, pode revelar novas possibilidades de análise que auxiliem governos e indústrias em direção ao desenvolvimento sustentável. Desse modo, com o objetivo de compreender o panorama das publicações sobre eficiência ambiental e produtividade nas indústrias, foi realizada uma Revisão Sistemática de Literatura (RSL). Por meio desta RSL, foram identificados os principais setores pesquisados, as variáveis ambientais, as variáveis de produção e as principais abordagens metodológicas utilizadas para mensuração da eficiência ambiental nas indústrias. Os resultados encontrados com o uso das abordagens de mensuração de eficiência ambiental revelam o seu suporte no desenvolvimento de políticas ambientais mais adequadas, auxiliando à compreensão da evolução no comportamento das variáveis ambientais e no fornecimento informações que auxiliem a tomada de decisões mais assertivas por governos e indústrias.
Social Meanings of the Russian Trade Union Movement in the Higher Education System: Historical Lessons and Current Trends
Authors: Dyuzhikov Sergey A.
Published: March 2020

The article provides a brief overview of modern scientific research on the history and current state of the Trade Union movement in Russia. On the example of The Russian Trade Union of education and The Primary Trade Union Organization of Employees and Students of Southern Federal University, a centenary period of development of Trade Union organizations in education – from their inception to current status is traced. In 2020, the SFU Trade Union celebrates its 100th anniversary and this article is intended to draw attention to the state of solidarity of employees and students both in the country and at the University, as well as to outline directions for improving the efficiency of modern trade unions in the field of education.
POTENSI LIMBAH KULIT RAMBUTAN (Nephelium lappaceum) SEBAGAI MINUMAN SEDUHAN HERBAL
Authors: Anggara Denny , Harianja Meassy Shawitry , Musfitasari Alvika , Marselinha Martha , Wahyudianto Fransiskus Xaverius Arif , Fernandes Andrian
Published: March 2020

Rambutan production in Indonesia in 2017 is 523,699 tons. Consuming rambutan fruit will affect rambutan peel as a waste. Although rambutan peel has the potential to be made into herbal brew drinks products. The research aims were to determine the productivity of rambutan peel as a raw material for herbal beverage and estimate the benefits to be obtained. The study used local rambutan fruit raw material. The research was carried out in the Forest Product Laboratory of Dipterocarps Research Center. The research aimed to determine the processing technology of rambutan peel as raw material for herbal beverage and estimated benefits to be gained. The research was conducted in three stages of activity, i.e. calculation of the potential of rambutan peel as raw material for herbal beverage, making of rambutan herbal beverage and estimated its profit. Rambutan peel can be processed into herbal brew drinks using simple technology, by making the rambutan peel into a dry powder and put it into a brewed beverage bag. The brewed beverage packaged in 1 box about 3 bags and each bag containing @ 1.5 g herbal beverage. The estimated profit of 1 box of herbal beverage was about 30.4% of the selling price.

Keywords: herbal brew drinks, home industry, marine tea, rambutan peel
Dwa apokryfy Różewicza w kontekście kilku wersów Księgi Jeremiasza
Authors: Murlikiewicz Daria
Published: March 2020

Two apocrypha of Różewicz reading in context of afew verses of the Book of JeremiahThe article Two apocrypha of Różewicz reading in context of afew verses of the Book of Jeremiah discusses one of the key problems of the poetry of Tadeusz Różewicz — intertextuality. Additional context is created by Bible. Thanks to an analysis of texts we can show, that it is possible to reinterpret two poems of Różewicz because of two verses of the Book of Jeremiah, The discussion is based on the poem [reality…] from the Regio collection and Unknown letter from Conversation with the Prince collection. Through the thesis that this poem is arecord of apositive epiphany the article attempts to argue with the accepted in literary criticism interpretation of Ryszard Nycz, Monika Witosz and Katarzyna Sawicka.
Błędni rycerze Juliusza Słowackiego — Zawisza Czarny i Beniowski
Authors: Rawski Jakub
Published: March 2020

Knights-errant by Juliusz Słowacki — Zawisza the Black and Beniowski„Zawisza the Black” and „Beniowski” drama there are one of poorly discussed works by Juliusz Słowacki. The unfinished dramas by the poet, dating from the late, mystical phase of his literature, opens awide field of research. It appears advisable to place the thesis of apossible inspi­ration Słowacki „Don Quixote” by Miguel de Cervantes Saavedra when writing drama „Zawisza the Black” and „Beniowski” drama. Spanish novel, which is amockery of chivalric romances and epics, perhaps, has become for author of „Kordian” point of reference for the creation of the world presented these works. Exemplification of these claims is to analyse „Zawisza the Black”, whose title character is seen as knight-errant possessed by madness and unhappy love, like the character of „Don Quixote”. Reinterpretation of the conditions of polish culture made by Słowacki based on demythologization the most famous knight.
Nieprzyjaciele zdrowia, czyli kilka uwag o etosie pracy lekarzy w czasach oświecenia
Authors: Kobrzycka Agnieszka
Published: March 2020

Enemies of health. Afew comments about the work ethic of physicians in the Age of EnlightenmentThe purpose of this article is to present the portrayal of medics in the literature of Polish Enlightenment. The profession of the medical doctor did not receive acceptance of the society in the 18th century. Medics gained the bad reputation earlier, and writers of Enlightenment continued to incline to beliefs that had arisen in previous centuries. By patients, doctors were viewed as ene­mies of health. The appearance of the barber-surgeon in the house of the sick was considered a har­binger ofdeath. Writers claimed that medicines served by medics might only ruin patients’ health. According to them, the result of the treatment relies solely on acoincidence, not medical skills of the caregiver. In literature, doctors were often accused of ignorance. Writers were ridiculing the prac­tice of using sophisticated, incomprehensible terms while possessing no practical skill and being inefficient. In the 18th century Europe, there were many impostors with no knowledge, who claimed to be medical authorities. Writers condemned those doctors who were enticing their rich clients into believing that they are sick while refusing to help the poor.
Przegląd badań nad historią bibliotek i bibliotekarstwa w Polsce z lat 1945–2015
Authors: Puchalski Jacek
Published: March 2020

AN OVERVIEW OF RESEARCH INTO THE HISTORY OF LIBRARIES AND LIBRARIANSHIP IN POLAND IN 1945–2015The author of the article discusses selected academic and popular publications concerning the history of libraries and librarianship in Poland which appeared in 1945–2015. In that period information about the most important historical resources of various Polish libraries and early book collections was made available; in addition, the period was marked by progress in the study of materials originating before the end of the 18th century. Scholars published a range of methodological studies as well as studies dealing with sources, contributing to the development of scholarship. On the other hand, there were too few editions of source materials.After 1989 scholars intensified their efforts to find sources in foreign collections, especially in Lithuania, Belarus, Ukraine, Russia and Germany. Polish collections kept abroad are yet to be fully researched and have their inventories and catalogues published.The vast body of literature is uneven when it comes to its focus on the various historical periods, regions, subregions and local centres. It comprises publications dealing with the history of libraries, their function and role in culture with regard to the history of the book, and publications focused on the types of libraries or individual libraries — of different traditions, sizes and stature. Scholars also explored the history of home book collections, reading rooms and libraries as well as biographies of librarians and collectors. The quality of the publications varies. There are gaps in, for example, the history of libraries in the former Polish Eastern Borderlands as well as “blank pages” in the historiography of Polish librarianship after the Second World War. There is a visible shortage of quantification of phenomena from the past of libraries, despite the fact that there are some possibilities in this respect. What is also needed is development in comparative studies, also in an international perspective, although this would require Polish historians to become more interested than before in the history of librarianship in other countries.
Bibliomania Stanisława Przyłęckiego 1805–1866
Authors: Pluta Paweł
Published: March 2020

BIBLIOMANIA BY STANISŁAW PRZYŁĘCKIThe aim of the article is to present not so much the figure and scholarly activities of Stanisław Przyłęcki 1805–1866, but his interest in broadly defined book questions and ways of collecting books. Analysing the contents of two manuscripts by Przyłęcki, currently kept in the Ossoliński National Institute no. 1838, 1861, the author focuses on his study entitled Bibliomania. The analysis makes it possible to conclude that it is not, in fact, an original work by Przyłęcki but a free translation of a fragment of Léopold-Auguste Constantin’s book Bibliothéconomie. Instructions sur l’arrangement, la conservation et l’administration des bibliothèques, published in Paris in 1839. The article also contains an edition of the translation with a commentary.
Przeczytać znaczy poznać? Filozofi czne aspekty odkrywania dzieła — nie tylko literackiego
Authors: Łuszpak Agnieszka
Published: March 2020

TO READ MEANS TO GET TO KNOW? PHILOSOPHICAL ASPECTS OF DISCOVERING A WORK — NOT ONLY A LITERARY WORK An analysis of the act of reading included in philosophers’ writings makes it possible to look for answers to the question about whether we can get to know a book at all? This is an epistemological question, a question about the sources, boundaries and goal of cognition. A question all the more important given the fact that it is asked in an era of a shift from typographic to digital culture. Does getting to know a book consist in reading it? If so then what is this process of reading — getting to know a book? Delving into the author’s intentions or perhaps adding one’s own meanings? Passive acquisition of the content included in the work by its author or active interpretation, assuming that the reader is equally important? To what extent is the meaning of a text fixed, to what extent is its content objective and readable equally to all in every act of reading? Is a book an open work, a separate being with some autonomy or perhaps a text is in all circumstances dependent on its author? Does the author have a monopoly on the “correct” reading of a work? And does a correct/true interpretation exist at all?
Stwierdzane niezgodności norm wyższego i niższego rzędu a pojęcia niezgodności norm
Authors: Wojciechowski Maciej
Published: March 2020

INCONSISTENCIES OF NORMS ASCERTAINED BY CONSTITUTIONAL COURTS, IN THE LIGHT OF THE EXISTING DOCTRINAL NOTIONS OF CONFLICT OF NORMSThe main thesis of the paper claims that judgments of constitutional courts explicitly stating a conflict between lower order norm and norm of higher order are not an instance of formal conflict of norms. The reason for this lies in the nature of constitutional norms and the norm being subject of inquiry. Constitutional norms are mostly norms granting competence, while norms being subject of inquiry are rules of conduct. Therefore, reasoning of constitutional court includes evaluation of an act of legislator, rather than evaluation of an established norm. For instance, if there is a statute enacted stating a rule that vacation legis will consist of seven days and constitutional court, as a consequence of a principle of proper legislation, will state what such seven day rule is in conflict with that constitutional principle, then there is no formal conflict of those norms. It is an act of stating such a rule by the lawmaker that is a subject of inquiry. Unconstitutionality lies in b r e a c h i n g a constitutional norm by the lawmaker act, not in the formal conflict of two norms. In this sense constitutional court is not that far away from what common courts do. This observation helps to provide additional account for potential controversy of constitutional courts judgments.
O potrzebie wzmocnienia ochrony przedsiębiorców oraz innych podmiotów niebędących konsumentami przed nadużyciami wolności kontraktowej
Authors: Sołtys Bogusław
Published: March 2020

THE NEED TO STRENGTHEN THE PROTECTION OF TRADERS AND  OTHER NON-CONSUMERS FROM ABUSE OF FREEDOM OF CONTRACTThe study expresses the necessity to reinforce the legal protection for all the subjects using standard agreements in cases of freedom of contract abuse. During last decade, the emphasis of the legislator was focused only on the protection of consumers, what has paradoxically caused a significant degradation of other subjects’ protection, even though other subjects, as well as consumers, have no influence on formation of the standard agreements they enter. The situation develops numerous negative results not only in the individual but also in social and economic dimension. Moreover, in case of micro, small and middle-sized entrepreneurs it leads to collision of the reality with obligations nd declarations of the state to support these entrepreneurs.
Antycypacyjna rola przepisów planu miejscowego w systemie zapewniania bezpieczeństwa ludności w stanie klęski żywiołowej
Authors: Tabernacka Magdalena
Published: March 2020

THE ANTICIPATIVE ROLE OF THE LOCAL PLAN REGULATIONS IN THE SYSTEM OF ENSURING SAFETY OF THE POPULATION IN CASE OF A NATURAL DISASTERLegal order should provide system of regulations with the ability to counteract combat negative effects of natural disasters at their earliest stage. This is particularly important due to the legal obligation to ensure safety of the population. The legislation enabling to anticipate the negative consequences associated with the occurrence of natural disasters is a local plan, which should be a part of the system ensuring safety of the population within the municipality
Rola terenowej administracji publicznej w przygotowaniu ludności do przetrwania w sytuacjach kryzysowych
Authors: Błażewski Maciej
Published: March 2020

THE ROLE OF LOCAL PUBLIC ADMINISTRATION IN PREPARING THE POPULATION TO SURVIVE IN CRISIS SITUATIONSThe aim of the article is to define the scope of activities of local public administration in preparing the population to survive in crisis situations. The research included an analysis of the provisions concerning the crisis situation, which are expressed in the Act on Crisis Management and the Act on Press Law. The research was conducted using the analytical and dogmatic method. The research has shown that activities of the local authorities cover information and ensure survival of the population. These activities are interrelated and can be distinguished as direct and indirect. Every person can take action in order to survive in the time of the crisis situation, taking into account the activities of the local authorities.
Ograniczenie konstytucyjnych wolności i praw osobistych w czasie trwania stanów nadzwyczajnych
Authors: Jabłoński Mariusz
Published: March 2020

LIMITATION OF CONSTITUTIONAL FREEDOMS AND PERSONAL RIGHTS DURING EXTRAORDINARY MEASURESThe fundamental issue raised in this elaboration comes down to an attempt at identifying the character and content of constitutional guarantees of freedom and individual rights during extraordinary measures martial law, state of emergency and natural disaster. Three essentials in immanent connection are raised in this respect: constitutional conception of freedom and personal rights, principles and values legalizing the limitations in constitutional guarantees of freedom and individual rights and particular constitutional guarantees excluding the ability of constricting some specific liberties and rights during extraordinary measures. The intention of this analysis is to establish whether the existing solutions at the level of RP Constitution arrangements indeed ensure the system not being edited in terms of the particular category of freedom and individual rights in Polish legal order.
Ograniczenie działalności telekomunikacyjnej w stanie wojennym i stanie wyjątkowym
Authors: Kłusek Paweł
Published: March 2020

LIMITATION OF TELECOMMUNICATIONS ACTIVITY DURING MARTIAL LAW AND THE STATE OF EMERGENCYTelecommunications activity is apeculiar kind of economic activity. In specific situations, this activity might be subject to limitation. An example of such situations are the circumstances regulated in chapter XI of Polish Constitution, in which the freedom of carrying out telecommunications operations might be limited. This article consists of the description of the types of telecommunications activity and the regulations and laws governing martial law and the state of emergency — which allow the limitation on telecommunications activity.
Ubezpieczenia indywidualne minimalizujące skutki występowania zagrożeń
Authors: Filaber Joanna
Published: March 2020

INDIVIDUAL INSURANCES MINIMIZING CONSEQUENCES OF NATURAL HAZARDSThe essential role in the internal security system of the Republic of Poland shall be played by compulsory non-life insurances of economic nature. In particular, said insurances shall cover protection of each citizen against the peril of natural disasters.The current legal regulations of the insurance system against natural disasters, in particular with regard to the peril of flood in Poland, display imperfectionsand do not guarantee the adequate level of safety of an individual. Moreover, the system does not raise the citizens’ awareness of the need of securing their immovable properties against unpredictable consequences of the flooding peril and need of proper risk management in the face of advancing climate change and the decreasing protective role of a state. This paper attempts to answer the question, whether introducing asystem of general insurances could compensate the insured and the insurers for the liability for natural disasters risk management, which has been transferred upon them, and which is currently mitigated by asystem of voluntary insurances against the peril of flood. The paper also deals with the problem of the insufficient state aid in the case of emergency situation.
Notariusz jako organ ochrony prawnej w świetle prawa polskiego i prawa Unii Europejskiej
Authors: Setkowicz Monika
Published: March 2020

A NOTARY AS A LEGAL PROTECTION AUTHORITY UNDER THE POLISH LAW AND THE EUROPEAN UNION LAWThe paper aims to examine the role of a notary as a legal protection authority in Polish and European Union law systems. The European Union Regulation on Succession has changed the existing role of a notary. It has established the new institution of legal protection — a European Certificate of Succession. The competence to issue a European Certificate of Succession has been entrusted to the notaries beside the courts. This new notarial action has direct effect in the other Member States of the European Union. The scope of legal protection exercised by a notary went beyond national borders and its role has become cross-border.
Swoboda przemieszczania się studentów w Unii Europejskiej — prawo dostępu do szkolnictwa wyższego i stypendiów w kontekście transnarodowym
Authors: Szwarc Monika
Published: March 2020

FREE MOVEMENT OF STUDENTS IN THE EUROPEAN UNION — RIGHT TO EDUCATION, ACCESS TO EDUCATION AND ACCESS TO GRANTS IN THE TRANSNATIONAL CONTEXTThe right to education, recognised by Article 14 of the Charter of Fundamental Rights of the European Union must be analysed and interpreted in the light of the previous evolution of EU law in this domain, as well as of the preceding jurisprudence of the Court of Justice. In the present state of EU law there is no doubt that access to higher education as well as access to student grants or loans falls within the scope of EU law. Therefore the article contains the overview of where EU law stands at present in the domain of mobility of students. The main two fields of interest are: access to education of migrant students, when they move from their home Member State to a host Member State in order to undertake studies, as well as access to social benefits, namely student grants or loans, which enable or make easier the mobility of students. The second field of interest concerning student grants or loans is divided into two parts: the first concerns access to grants or loans accorded by the host Member State to migrant student; the second concerns access to grants or loans accorded by the home Member State to its own citizens in order to encourage them to study abroad. The analysis, on the one hand, reveals that the scope of application of EU law to the situation of migrant students, due to the jurisprudence of the CJEU, is very wide, which means the wide scope of rights accorded to students and the narrow scope of freedom left to the Member States. On the other hand, the analysis leads to a conclusion that the case of migrant students is an exemplification of the challenges faced by the Union in the field of free movement, in particular the pressure to limit the social benefi ts for EU citizens exercising their right to free movement.
Rys historyczny prawnych aspektów ochrony weterynaryjnej zwierząt w Polsce
Authors: Listos Piotr , Gryzińska Magdalena , Dylewska Małgorzata
Published: March 2020

HISTORICAL LEGAL ASPECTS OF THE PROTECTION OF ANIMALS VETERINARY IN POLANDTreatment of animals by aman as asphere that requires legislation began to take place in modern history at the beginning of the nineteenth century. Objectives and content of legislation on animal protection, developed according to the needs of man, has been changing in different historical epochs. One of the main trends of animal protection outlined by law is their veterinary protection. It is amultidimensional form of legal protection of animals and it incorporates in each different kind of animal protection, in Poland delineated by the legislature.The first regulations on the veterinary protection were formed in Poland along with the development of local law that was established on the principles of the municipal law of Magdeburg. These regulations have evolved over the years, until modern times.The fact of major importance for the veterinary protection was Polish accession to the European Union. It resulted in the need for implementation of anumber of European regulations into national law. Analysis of regulations of veterinary protection in Poland leads to the conclusion that the fight against infectious diseases occurring among animals was the main form of protection. An example of the impact and effectiveness of the established regulations is combating one of the most dangerous zoonotic diseases — rabies.
Powaga rzeczy osądzonej w postępowaniu sądowym w sprawach z zakresu ubezpieczeń społecznych
Authors: Antonów Kamil
Published: March 2020

THE FORCE OF RES IUDICATA IN AJUDICIAL PROCEEDING IN SOCIAL INSURANCE CASESIn social insurance cases there is no force of res iudicata in the event of re-establishment of aright to abenefit if the person concerned refers to new evidence or disclose circumstances that had existed before the date of issuing the previous decision, should the aforementioned evidence or circumstances affect such entitlement or its amount. It is aresult of adifferent — as opposed to resumption of judicial proceedings — regulation of this institution in social insurance law, characterised by less rigorous as compared to Polish Code of Civil Procedure understanding of grounds for resumption of appeal proceedings. In particular, the “disclosed circumstances” not necessarily need to be new unknown facts and resumption of appeal proceedings is not restricted by the necessity of proving that the party could not have used them in previous proceedings. The force of res iudicata exists only when the court — hearing the appeal against the challenged decision — decides that the conditions for are-establishment of aright to abenefit have not been met, as the new deci­sion denial of the pension authority regards the same factual and legal basis that were covered by the previous verdict.
Regulacje prawne odpowiedzialności konstytucyjnej Prezydenta Federalnego Niemiec
Authors: Grabowska Sabina
Published: March 2020

LEGAL REGULATIONS OF CONSTITUTIONAL RESPONSIBILITY OF THE FEDERAL PRESIDENT OF GERMANYThe text is an analysis of the German legal regulations concerning the constitutional respons­ibility of the President. Federal President of Germany for committing aconstitutional delict is re­sponsible before the Federal Constitutional Court. The proposal in this regard may submit a group of parliamentarians and parliament puts indictment. If the Federal Constitutional Court decides the merits of allegations made in the indictment, the president shall be deposited with the office.
Wybrane problemy przedsądowego postępowania w zakresie ubezpieczeń społecznych
Authors: Pogonowski Marek
Published: March 2020

SELECTED PROBLEMS OF PREJUDICIAL PROCEEDINGS IN THE FIELD OF SOCIAL INSURANCEThe article describes the procedural aspect of the Social Insurance Institution which, as an institution performing the tasks of the state, conducts proceedings which assess the rights and obli­gations of customers. Conducted proceeding is terminated by adecision. Generally it is adeclara­tory decision, which means that it doesn’t create aright to benefits, only confirms them. The Social Insurance Institution issues aconstitutive decisions, giving law, so-called decisions discretion.The proceeding in the field of social insurance must take into account the principle of respect for the public finances. Balancing the interests of the citizen and the national interest requires know­ledge of law, ability to interpret and use it, but also well-educated, competent employees, precise internal procedures, efficient flow of information and modern tools.
Rola Prezesa Urzędu Zamówień Publicznych w zapobieganiu i zwalczaniu nadużyć wolności kontraktowej w umowach zawieranych w ramach zamówień publicznych
Authors: Sołtys Bogusław
Published: March 2020

THE ROLE OF THE PUBLIC PROCUREMENT CHAMBER CHAIRMAN IN PREVENTION AND ELIMINATION OF THE FREEDOM OF CONTRACT ABUSE IN PUBLIC PROCUREMENT CONTRACTSThe study examines the actual and postulated role of the Chairman of Public Procurement Chamber in prevention and eradication of freedom of contract abuse, which is not directly related to the infringement of public procurement law but civil law and other law branches. The issue has not been analyzed by the doctrine, even though the practice of contracting authorities in public pro­curement standard agreements often leads to freedom of contract abuse, which is tolerated by the Chairman of Public Procurement Chamber. Taking into consideration the dimension of detrimental results not only for the economy but also public finance, the body which supervises the public pro­curement market should have broader competences. Localizing all the protection against unfair and illegal standard agreement provisions only in courts of law as well as relinquishment of the preven­tion measures is an ineffective, inappropriate and systemically unjustified solution.
Między polityką a prawem. Problem „upolitycznienia” tworzenia prawa
Authors: Biernat Tadeusz
Published: March 2020

BETWEEN POLITICS AND LAW. THE PROBLEM OF “POLITICIZATION” THE CREATION OF LAWThe purpose of this article is to analyze the phenomenon of “politicization” of the law making process. Astrong form of politicization is the political instrumentalization of law when the law is treated as the implementation of particular interests of the political power; when is created in violation of the legality of the law-making activities; when it violates the rights of individuals human rights. The weaker but more common form of politicization the creation of law is related to the violation by apolitical authority, legislative body, additional restrictions imposed on it, which are supposed to guarantee ahigh level quality of the law. Three of the most characteristic limitations will be the basis for analyzing the phenomenon of politicization of law making. They are related to: the legitimization of law-making, the democratization of law-making process, and the standards of legislation that are characteristic of lawmaking in ademocratic state under the rule of law. To some extent, these phenomena are interconnected, one can say that they are involved in shaping the pat­tern of the proper legislation by preventing or reducing the politicization of the lawmaking process and its key decisions.
Wypowiedzenie umowy spółki jawnej przez jednego z dwóch wspólników w kontekście problematyki przejęcia majątku na podstawie art. 66 k.s.h.
Authors: Jagodziński Marcin , Guzewicz Agnieszka
Published: March 2020

TERMINATION OF THE ARTICLES OF REGISTERED PARTNERSHIP BY ONE OF THE TWO PARTNERS IN CONTEXT OF THE ISSUE OF OVERTAKING OF ASSETS ON THE BASIS OF ARTICLE 66 OF COMMERCIAL COMPANIES CODEInstitution of termination of the articles of registered partnership by one of two partners in context of overtaking of assets on the basis of Article 66 of Commercial Companies Code deals with issues of partnerships. The analysis of special kind of lawsuit, aiming at taking over the assets of the partnership by one of the partners with the obligation to settle with the withdrawing partner, leaves no doubt that many relevant aspects have not been decided de lege lata. Practice of business transactions shows that it is necessary to present de lege ferenda postulates.
Rola pracodawcy w realizowaniu uprawnień pracowników związanych z rodzicielstwem
Authors: Czerniak-Swędzioł Justyna
Published: March 2020

THE ROLE OF THE EMPLOYER IN REALIZING THE RIGHTS OF EMPLOYEES RELATED TO PARENTHOODOver the last ten years, the Labor Code has signifi cantly expanded employees’ rights related to parenthood, and thus the role of the employer in the fi eld of their implementation has changed fundamentally.The employer remains obliged to fulfi ll the employee’s basic rights enumerated in the Labour Code as a parent. However, the Polish legislator excessively burdens the employer with the role of the sole contractor of these general social principles related to the protection of motherhood and family, which causes a clear upset in the implementation of the constitutional obligations of the state towards its citizens.Looking at individual stages of employment from the period of pregnancy, in which protection is particularly strong, through the obligation to exercise parental leave and obligations imposed on the employer to employ an employee after taking leave, on protection during the period of custody, these are clearly noticeable limitations and burdens for the employer. The burden imposed on a particular employer often remains completely disproportionate to its capabilities. The employer bears the costs of social policy, which should be implemented by the state, thus it is fulfi lling the role of the guarantor in securing social interests. The solutions adopted by the Polish legislator stand in clear opposition to the regulation of international law.The burdens currently imposed on the employer resulting from the provisions of the Labor Code could be implemented to a large extent by relevant public insurance systems. De lege ferenda, the obligation to protect motherhood and the family as a constitutional social obligation should be carried out jointly by the state and the employer. De lege lata, the lack of proportionality is clearly visible in the regulations in force and it signifi cantly limits the principle of economic freedom and employer’s property, in particular in relation to small entrepreneurs.
Agencja rządowa jako pracodawca
Authors: Górnicz-Mulcahy Agnieszka
Published: March 2020

GOVERNMENT AGENCIES PERFORM PUBLIC TASKS ON THEIR OWN BEHALF AND ON THEIR OWN RESPONSIBILITYIn the broad meaning, government agencies have the status of an administrative offi ce, a commercial law company or a state legal entity. This means that government agencies are employers which operate in the public sphere. They are separate legal entities, that are represented by their bodies. Executive organs and managers of the agency may be their Presidents, Chiefs or Directors who are legally authorized to represent them and, on the basis of labour law, to perform activities in this fi eld Article 3 of the Labour Code. The public administration body, equipped with the competence to appoint the President, the Chief or the Director of a government agency is the Prime Minister or the competent minister. This means that the appointment of a specifi c person to perform the function of the agency’s body is not made by the employing entity i.e. the employer, but by an external entity, which is the primal body located outside the employer’s structure.
Osiąganie efektu innowacyjności przy realizacji zadań publicznych w ramach umowy partnerstwa publiczno-prywatnego
Authors: Nowicki Henryk
Published: March 2020

ACHIEVING THE EFFECT OF INNOVATION IN THE IMPLEMENTATION OF PUBLIC TASKS UNDER A PUBLIC-PRIVATE PARTNERSHIP AGREEMENTPublic-private partnership can be an effective way to implement operations that ensures the achievement of public policy objectives by combining different forms of public and private funds. A public entity, initiating proceedings aimed at establishing a PPP, must be aware of the implementation of not only its objectives within the project. A public entity may be obliged to implement also other objectives defined by law, and regarding the rules of spending public funds. Development based on innovation is one of the most important among these objectives. Achieving the effect of innovation as part of the implementation of the undertaking in the PPP formula depends on many factors, both internal and external to the public entity.
Struktura prawna nadzoru nad regulowaną działalnością gospodarczą
Authors: Borkowski Andrzej
Published: March 2020

LEGAL STRUCTURE OF SUPERVISION OVER REGULATED BUSINESS ACTIVITYThis work contemplates the special legal character of supervision, which is as an expression of the rationing role of the state in relation to the regulated business activities. The supervision carried out by an administrative body which operates a register of regulated business activity is exercised over an entrepreneur who performs such regulated activity. The supervision is therefore of an on-going character. Any decision prohibiting the entrepreneur from performing regulated business activity should be a consequence of making an assessment that performance of such activity will breach the norms of the material law. The supervisory role is therefore particularly connected with verifying the legality of operating a business. The legal capacity to perform supervision vested with the registry bodies serves to fulfi l the purpose of supervision. That purpose is to ensure the entrepreneurs will observe legal requirements for performing a particular regulated business activity. However, that purpose is not to ration the business activity in a typical manner, in particular through creatively doling out permits for performing specific activities, and therefore its purpose is not to decide how many entities may operate on the market in a given sector.
Pomoc publiczna dla portów lotniczych na przykładzie portu lotniczego Gdynia-Kosakowo
Authors: Dobaczewska Anna
Published: March 2020

STATE AID FOR AIRPORTS ON THE EXAMPLE OF GDYNIA-KOSAKOWO AIRPORTBy issuing its Judgment of 17 November 2017 in case T-263/15 the General Court Seventh Chamber Extracts in case Gmina Miasto Gdynia and Port Lotniczy Gdynia Kosakowo sp. z o.o. v European Commission, the Court has set aside the previous EC decision as of 26 Feb. 2015 in case 2015/1586, SA.35388 13/C ex 13/NN and ex 12/N — Poland — Establishment of an airport Gdynia-Kosakowo OJ 2015, L 250, p. 165. However this judgement does not constitute any ground to deliver any new state aid toward the company managing the airport, and such being considered as compatible with the internal market. The article presents the main up-to-date conditions of granting state aid and shows there are no perspectives for further public fi nancing of the planned transformation of the military airport into an airport of public use.
Kilka refleksji na temat problematyki wkładów do spółki jawnej
Authors: Walaszek-Pyzioł Anna , Pyzioł Wojciech
Published: March 2020

SOME REFLECTIONS ON THE ISSUE OF CONTRIBUTIONS TO THE GENERAL PARTNERSHIPA general partnership cannot be a partnership in which even only one of the partners would not be obliged to contribute. A general partnership may, however, arise as a legal entity, although no contributions have been made to it yet — making contributions to the company is an obligation of partners, which may be performed not only after the formation of the company, but also at a later date. The articles of association may provide that individual partners will be required to make their contribution after the conclusion of the articles, but before the company is registered.
Zaniechanie ukarania z art. 16a i 16b k.k.s. — szczególne rodzaje czynnego żalu czy niepotrzebna kazuistyka?
Authors: Sawicki Janusz
Published: March 2020

WAIVING THE PENALTY WITH ARTICLE 16A AND 16B — ARE THESE SPECIAL TYPES OF ACTIVE GRIEF OR UNNECESSARY CASUISTRY?The article is a theoretical study of waiving the penalty of a fiscal penal law violator or a fiscal offender. The issues addressed in the article present major problems that draw the attention of both theorists and practitioners in the field. The aim of the article is to evaluate the contemporary model of waiving the penalty that is formulated by the fiscal penal code within Articles 16, 16a and 16b. The author analyzes in detail the institutions described in the Fiscal Penal Code, Chapter 2: The basic type of active grief and its special types. The article ends with closing remarks, including general conclusions and assumptions that relate to the model of waiving the penalty of a fiscal penal law violator using the institution of active grief, which in turn can contribute to providing a proper solution to the issue.
Zatrudnienie w spółdzielni socjalnej
Authors: Jaworska Katarzyna
Published: March 2020

EMPLOYMENT IN A SOCIAL COOPERATIVEA social cooperative is a rather specific entity operating on the labour market. Its principal task is the social and professional reintegration of its members rather than gainful activity. The legislator has curtailed the group of people who can be founders and later members of the cooperative. At the same time, members must remain legally bound to the cooperative. The preferred basis for employment is a cooperative contract of employment, but it is permissible to entrust work on the basis of a civil-law contract under certain conditions. This raises the problem of the actual possibility of achieving the objectives of a social cooperative and the composition of its bodies in respect of activities performed under the labour law. The issues indicated above encourage reflection on employment in a social cooperative.
Miejsce Państwowej Inspekcji Pracy w systemie organów państwa — wnioski de lege lata i de lege ferenda
Authors: Jabłoński Mariusz
Published: March 2020

THE PLACE OF THE NATIONAL LABOUR INSPECTORATE IN THE SYSTEM OF STATE AUTHORITIES — DE LEGE LATA AND DE LEGE FERENDA REMARKSThe fundamental issue raised in this elaboration comes down to an attempt at defining the character and content of labour protection and the place of the National Labour Inspectorate in the system of state authorities in Poland. The analysis relates to the applicable constitutional regulation Constitution of the Republic of Poland of 2 April 1997 and statutory regulations. The purpose of the considerations is to determine the nature of the activity of the National Labour Inspectorate as well as its location within the constitutional systematizations.