Orwell w realu, czyli o systemie Echelon z perspektywy polskiego prawa

„Freedom and privacy ofcommunication is guaranteed. The restrictions may be imposed only in cases specified in the Act and in the manner specified therein.” This pronounced and clear declaration, being not only a legal guarantee is included in paragraph 49 of Constitution of the Republic of Poland. We look at it from the hindsight, which was created by a system of global invigilation of communication, not only electronic one, called Echelon. It was widely known before Edward Snowden was heard in Hong Kong. Echelon was talked, written about and discussed not only in European Parliament but also at other formal forum. Yet, in our country this phenomenon did not arouse much interest either of lawyers, ministers, senators, government or politicians. There is probably the first attempt of assessing the consequences of Echelon from the view of Polish law. We limit ourselves intentionally to the point which was reachable for everyone before Snowden. We believe that it has a particular meaning: it illustrates that in our country there is a dramatic implementation of the constitutional right to democratic rule of law. It makes us realize where we live and what we can

O nieistnieniu trzeciej kategorii podmiotowej w prawie prywatnym

On the nonexistenceof the third categoryof entities in civil lawThe issue of the third category of entities has been presented in this study. Various ideas and conceptions were formulated in the Polish civil law doctrine — concerning the problem mentioned above. Not every author agreed that there were basics for a theory about the existence of the third category of entities. It was important to quote some of the rulings in the discussed scope. Furthermore, the study contains attempts to look at the problem from the other side and postulates to make some fundamental changes in regulations of the Polish Civil Code in the discussed area — the issue of limited legal entities operating in civil law for a long time such entities were recognized and regulated in Art. 331 of the Polish Civil Code. The aim of this article was to find a way to simplify the matter considered by presenting the idea to drop some crucial terms that are in constant use in such considerations.On the nonexistenceof the third categoryof entities in civil lawThe issue of the third category of entities has been presented in this study. Various ideas and conceptions were formulated in the Polish civil law doctrine — concerning the problem mentioned above. Not every author agreed that there were basics for a theory about the existence of the third category of entities. It was important to quote some of the rulings in the discussed scope. Furthermore, the study contains attempts to look at the problem from the other side and postulates to make some fundamental changes in regulations of the Polish Civil Code in the discussed area — the issue of limited legal entities operating in civil law for a long time such entities were recognized and regulated in Art. 331 of the Polish Civil Code. The aim of this article was to find a way to simplify the matter considered by presenting the idea to drop some crucial terms that are in constant use in such considerations

Orwell in reality i.e. Echelon system from the view of Polish law

„Freedom and privacy of communication is guaranteed. The restrictions may be imposed only in cases specified in the Act and in the manner specified therein.” This pronounced and clear declaration, being not only a legal guarantee is included in paragraph 49 of Constitution of the Republic of Poland. We look at it from the hindsight, which was created by a system of global invigilation of communication, not only electronic one, called Echelon. It was widely known before Edward Snowden was heard in Hong Kong. Echelon was talked, written about and discussed not only in European Parliament but also at other formal forum. Yet, in our country this phenomenon did not arouse much interest either of lawyers, ministers, senators, government or politicians. There is probably the first attempt of assessing the consequences of Echelon from the view of Polish law. We limit ourselves intentionally to the point which was reachable for everyone before Snowden. We believe that it has a particular meaning: it illustrates that in our country there is a dramatic implementation of the constitutional right to democratic rule of law. It makes us realize where we live and what we can

Studies in Law: research papers no. 2 (19), 2016

Publikacja recenzowana / Peer-reviewed publicatio