Bøker i Ius, Lex et Res Publica-serien

Trusts, fideikomissum and foundations along with property and their legal potential are vital for cultural heritage management in the future. The economic model of cultural heritage should comply with changes in the legal system. The national perspective plays an important part in cultural heritage management in an international context.

This book is devoted to the problem of the role of precedent as a legal category and an element of judicial practice in statutory legal orders. It presents theoretical, practical (based on Polish and European jurisprudence) and comparative considerations dealing with the potential of precedential practice in statutory law.

The legal situation of whistleblowers has become an object of keen public interest in recent years. As practice shows, people who reveal irregularities in the workplace are exposed to the negative consequences of their actions. This monograph proposes a model of legal protection of such people, which could be applied in the Polish legal order.

Both businesses and users have to deal with the necessity of processing enormous amounts of data, often either privacy-sensitive or covered by intellectual property rights. The law responds with new rules and novel applications of traditional rules. This book investigates these rules, their rationales, and consequences.

The book covers the fundamental areas of taxation and tax law in Poland. It explores the tax theory, general tax law, and specific taxes supplying the central and self-government budget revenues. The authors also seek to highlight some selected issues of the operation and evolution of Polish tax law.

The publication shows the impact of judicial decisions on the discretionary power of public administration. This issue is analysed in relation to the process of issuing individual decisions by the administration, which have a dominant influence on the sphere of rights and freedoms of man.

This book contains texts prepared by representatives of various branches of law. The authors aim to determine: 1) the source (at least the potential source) of modernist solutions in the Polish law, 2) the realness of the modernist character of the said source and 3) the refection of these modernist solutions in the currently binding Polish law.

In this book the authors present and, more importantly, give their own assessment of judicial decisions interpreting the Criminal Code provisions currently in force on self-defence and the transgression of its limits. The ultimate aim of this study is to answer the question if the present wording of relevant provisions is optimal.

Drones, like any new technology, give rise to many challenges that require discussion and solutions. Their integration with the manned aviation system is one of the most important challenges for the future of aviation and requires the development of regulations regulating related issues to their use. As part of the monograph, the current safety regulations in civil aviation were analyzed in terms of assessing their application to drone opera-tions and analyzing of all those issues that should be taken into account when creating legal regulations for the use of drones. In addition, an in-depth analysis of issues such as the protection of the right to privacy, protection of property rights, liability for damage caused by drones, liability insurance was made.

This book deals with consensual mechanisms in criminal proceedings analyzed comparatively. In the first place, it addresses the common systemic foundations of consensual mechanisms and the observation of most up-to-date supranational trends in their development. In the second place, it presents phenomenon of negotiated justice outside the common law systems through examples of Poland, Germany and Brazil. The combination of these two approaches provides a good basis for observation on the general advantages and disadvantages of negotiated justice. It also helps for balancing the optimal extensiveness of its use in the contemporary criminal proceedings.

This book discusses the fundamental issues of public law in the area of statelessness from the perspectives of comparative law and international law standards. The author proposes an approach in which statelessness is not a homogeneous concept but is best analysed and responded to through the lens of different categories of statelessness. This accounts not only for the existence of different categories of stateless persons (e.g., voluntary or involuntary) but also for different assessments and needs of their respective situations for purposes such as prevention mechanisms. The book demonstrates the conceptual and regulatory relevance of this important differential aspect of the international law on statelessness (with implications for domestic legal systems).

One of the constitutional obligations of states is the defence of human rights. Such state activities encompass providing free pre-litigation legal aid. In search for solutions allowing to improve Polish model, the authors employed a comparative method. As a result, they analysed solutions adopted in international law, Sweden, Ukraine, and the United Kingdom.Swedish law is an example of a system with a rich legislative history in the area of free legal aid and contemporary solutions based on the model of legal aid with a ¿discount¿. The choice of Ukraine was based on the fact that its regulations are very modern, elastic and put to the ultimate test of war. The United Kingdom was chosen as an example of a country with a common law system, where pre-litigation-free legal aid has its unique form based on grant financing.In the summary of the book, the authors strive for presenting the proposal of a model of free pre-litigation legal aid for the polish legal system based on the experience of compared legal systems.

In the book, the author presented the results of several years of empirical studies conducted in Polish common courts. On the basis of an analysis of 250 observed and recorded trials, conducted as part of various court proceedings (criminal, civil, insurance, etc.), the author outlined a picture of the trial as a communication occurrence, in which persons with various levels of communication competence are involved in the interaction. Among other things, the book answers the questions: "How does the communication process between a judge and a non-professional participant proceed?", "Implementation of which communication activities cause the greatest difficulty for non-professional participants?" and "How do judges try to counteract these difficulties?".

Effective Legal Remedy (ELR) is a legal concept of universal value. Its primary purpose is the protection of individual rights and freedoms against violation. It serves to safeguards the effectiveness of the enacted and applied law. The book presents and discusses current standard of Effective Legal Remedy concept in European Law as it is or may be referred to criminal justice system. The research is based on a thorough analysis of jurisprudence of European Court of Human Rights and Court of Justice European Union. Is also supplemented by an analysis of the ELR's implementation of the European Parliament's directives on individual rights in criminal matters. Offers a perspective on the use of the ELR to integrate the criminal justice system in Europe.