Comparative perspectives of adult content filtering : legal challenges and implications

The internet is virtually ubiquitous and is becoming more accessible to young people all over the world. Along with the many benefits it brings, the internet poses serious risks to the human rights of its most vulnerable users, viz. children. The United Kingdom, Poland and the US State of Utah have already started to mitigate this risk through a variety of regulatory mechanisms. A priori, both self-regulation and hard law can satisfy international requirements on freedom of services and freedom of expression, but each requires careful scrutiny. Neither self-regulation nor soft law appear to be sufficient. It would seem, therefore, that public legal instruments are required. These measures come with a requirement of greater transparency and often allow for the possibility of challenging individual decisions or abstract regulations before the courts

On research methods in public economic law

The article reflects on the issue of the research method in public economic law.     In the first part, the concept of science is explained, which can be understood as     a process consisting in the systematised pursuit of knowledge of the truth for idealistic or utilitarian purposes. The starting point is K. Jaspers’ definition, according to which the concept of science contains three elements: methodical cognition (1), certainty of knowledge (2), universal validity (3). Each of the elements indicated    is then considered. Methodical cognition is to be distinguished from thought. The former is cognition of reality presupposing an awareness of the research method and its limitations. The latter is driven by intuition. The use of the method should be strongly linked to the research objective. The author then refers to the second defining element: certainty in the science of law. In his view, certainty is sought    in answers to questions about the content of the law in force. Secondly, certainty   is sought in the criteria evaluating the law and the results of this evaluation. The third element, i.e. universal validity, is related to the generally accepted methods of interpretation and the fundaments of law lying in human rights and the human dignity that is their source. The second part of the paper focuses on defining the research objective and  the adequacy of the method, referring to the dogmatic, historical and comparative methods that should aim at determination the law in force and its evaluation. In the third part of the article, a proposal for a research method in public economic law is presented, which consists of three elements: presenting the context of the research objective, applying the dogmatic method, and evaluating the law in force. In the last part, attention is drawn to the need for uprightness of life, and therefore ethos, as a condition for the ability to recognize what is just

The Right of Action of Public Undertakings and Occupational Organizations in Procedure by the Constitutional Tribunal

The Polish Constitutional Tribunal have been asked several times to rule in energy law cases. Among them one of the most important issues is right to action of occupational organizations and public undertakings in procedure by the Constitutional Tribunal. Occupational organizations have a right to initiate procedure before Constitutional Tribunal with some limitations. Under Article 191 (4) of Polish Constitution occupational organizations may make an application to the Constitutional Tribunal if the normative act relates to matters to the scope of their activity. Tribunal explained that any questioned act has to relate to matters of professionals in energy sector and shall not relate to the whole energy sector. Another issue relates to public undertakings – they haven’t right to initiate the procedure before Tribunal due to their dependence from State Treasury. This point is however controversial among judges at the Constitutional Tribunal. The author supports case-law to date

Legal Aspects of the Responsible Development Strategy in the energy field with special regard to Electro Mobility

W artykule wymieniono projekty strategiczne w obszarze energetyki zawarte w Strategii na rzecz Odpowiedzialnego Rozwoju. Autor wskazał na dwa projekty w szczególny sposób wymagające nowych regulacji prawnych, tj. rynek mocy oraz rozwój elektromobilności. Następnie skupił się na wskazaniu podstawowych barier prawnych rozwoju elektromobilności z pominięciem barier o charakterze finansowym, gdzie regulacje prawne są niezbędne, ale akcesoryjne wobec wydatkowania środków publicznych. Do podstawowych kwestii wymagających uregulowania autor zaliczył konieczność zdefiniowania stron zaangażowanych w świadczenie usługi ładowania pojazdu elektrycznego, wyjaśnienie wątpliwości z zakresu prawa energetycznego (wymóg koncesji) oraz prawa budowalnego (wymóg pozwolenia budowalnego). Następnie autor przeanalizował planowane przepisy zawarte w projekcie ustawy o elektromobilności i paliw alternatywnych w kontekście wskazanych przeze siebie wątpliwości. W wyniku tej analizy autor doszedł do wniosku, że projekt ustawy jest spójny i zorientowany na przyszłość, ale pomija obecnie istniejącą infrastrukturę, tym samym zagadnienia wymagające regulacji w pewnym zakresie takimi nadal pozostaną, o ile przepisy zostaną uchwalone przez Sejm w obecnym brzmieniu projektu.This article mentions the strategic projects of the Polish government in the energy field, presented in its Responsible Development Strategy. Two projects are considered, which are in particular in need of a new regulatory environment – the capacity market and Electro Mobility (E-Mobility). The paper’s next focus is on identifying legal barriers to the development of Electro Mobility. The basic issues that need to be regulated include: the need to define the parties involved in charging an electric vehicle, clarification of energy law (concession requirement) and construction law (building permit requirement). The author analyses the planned provisions contained in the Draft Law on Electro Mobility and Alternative Fuels in the context of doubts that he raises. As a result of the analysis, the author comes to the conclusion that the draft law is coherent and focused on the future, but ignores existing infrastructure. Therefore the draft law tackles only part of the problems

Agencja ds. Współpracy Organów Regulacji Energetyki

The Agency for the Cooperation of Energy Regulators (ACER) has been established in 2009 in the Third Liberalization Package of Energy Sector. The Agency became fully operational in 2011. After 5 years of its functioning the Author presents his opinion on general issues like legitimacy of the European Union regarding the tendency of creating new European agencies (among them ACER) and the problem of the common belief in rule of experts in the typical field of politics. Subsequently the paper handles the history of setting up the Agency and the description of its bodies and competencies in order to present the achievements of ACER within 5 years of its work. The Author concludes with positive statement: ACER meets its goals, encompassing the principle of subsidiarity and helping the Commission and National Regulatory Authorities in realizing the aim of establishing the common energy market in European Union

The thoughts of John Paul II about Poland

The present article is an attempt to systematize the teaching of John Paul II about Poland delivered during his pilgrimage in June 1979 and to show its sources: history, literature, the Gospel. The main characteristic of Polish history, of the mentality of the nation and its culture is their close connection with the person and teaching of Jesus Christ handed down by the Church during the millennium. The Slavic, Christian and humanistic elements of Polish culture make an integral unity, constantly developing under the continuous influence of the Church, external factors and the psychical needs of the nation. The development of the Church and social organizations, the consolidation of the hierarchical, moral and legal order, and of political structures were to a degree conditioned by the activity of the eminent saints: Wojciech, Stanisław, Jadwiga and Kolbe. Each of them largely contributed to the development of the Polish culture. The Motherland is not only the land, but first of all the people, irrespective of their philosophy of life, creating culture which in turn, forms their consciousness, their social and moral attitudes and their creation. In his homilies the Pope stressed the role of the intelligentsia, workers, farmers and students in creating the culture. The Motherland is both land and a graveyard — this statement points to the link between the present national culture and past generations whose examples of nobility in life are commemorated in achievements and graves. The future of Poland, according to John Paul II, depends upon the constant strengthening of the ties of Christianity with all the values achieved by the nation in its long historic experience: faith to the Gospel and Christ, Mariolatry, so characteristic of Polish religiousness, defence of the family and the dignity of every man, pluralism of philosophical attitudes and tolerance, openness to the needs of the fellow creatures, readiness to help others even to the injury of one’s own self and love of freedom with a readiness to necessary sacrifice. True patriotism requires the knowledge of the past and tradition, a regard for them and a fight against national vices. The love of Motherland also demands constant care for the realization of the evangelic principles in individual, social and political life, and for the dissemination of the consciousness of the necessity of service to the common good

The Commission Decision on the Aid for the Hinkley Point C Nuclear Power Station in the United Kingdom as an Example of State Aid for Nuclear Energy

The Polish government plans to construct the first nuclear power station in Poland. The costs of the investment show that even the largest state owned energy companies in Poland need external financing. There is no doubt that state aid is needed. Consequently, European rules on state aid and their practical usage are very important in considering the ways of financing the construction of a nuclear plant in Poland. One of the latest Commission decisions in this matter is the Hinkley Point C decision. The Author presents the arguments put forward by the United Kingdom and the Commission in this particular case. One of the interesting devices utilized by the British government was a contract for difference, to which the Author devotes his particular attention.The Author claims that the decision-making process of the Commission in nuclear energy matters is of political nature, although it is not arbitrary. The Polish government should take into account those premises

The New Law on Business Activity

The article touches upon the current issue in Poland, namely the debate on the need of a new regulation of business activity. The Polish government issued a draft of Law on Business Activity in 2015. This fact provoked the author to discuss the topic, summing up the current state of the relevant law and presenting his own view on the possible changes. It is claimed that the new law is redundant, and instead there is a need to revise the law currently in force in order to bring it in line with European Law and to better structure specific matters. The fundamental questions which should be clarified contain: the proper structuring of basic concepts like ‘service’, ‘business activity’, ‘service provider’ and ‘undertaking’; the structuring of rules of control on undertakings; the issuing of new regulations on permissions to conduct business activity

Geertz and Sociology

Interpretative anthropology, like Znaniecki’s socjology, was born from the opposition towards the so-called hard anthropology and sociology. In the domain of its methods the significance of participating observation and free anthropological interview, as well as the role of the ‘area’ – the world we all have come to live in today, are emphasized. Hence, the first part of the article is devoted to the changes that occurred after World War II, not only in Europe, but also in North America and in the countries of the Far East. The variety that has been muddied recently makes anthropologists and sociologists more sensitive to the different aspects of the problem when they describe what Alien is. In the second part religion as a social phenomenon seen from various theoretical perspectives is shown. The case described by Geertz that is connected with the religion on Bali forces one to be careful with statements about traditional secularization theory, which stresses a destructive effect of modernization on religion