The basic research objective of this study was made the question of whether the applicable provisions of Polish law protect the legal interest of a citizen who submitted a winning proposal for a task ...in the civic budget procedure, when this was not included in the municipal budget resolution. In order to provide an answer to the research question posed in this way, an analysis of the Polish legal system with regard to the regulations on the civic budget was carried out, focusing only on the legal regulation of the municipal level, using the dogmaticlegal method as the most appropriate method used in legal sciences, taking into account the assumed problem and research goal. The research was supplemented by the jurisprudence of the Constitutional Court and administrative courts. The main conclusion that could be drawn from the conducted research was that the basic conclusion that could be drawn from the conducted research emphasises the fact that the legal regulations on the civic budget do not provide direct and unambiguous protection of the legal interest of the author of the winning project in the case when it was not included in the budget resolution of the municipality. The lack of substantive legal provisions on the participatory budget means that the legal interest of the author of the winning project can only be attempted to be decoded from the constitutional provisions. The legal institutions analysed in this study (petitions, complaints and applications, supervisory proceedings) did not provide a clear answer as to whether, through their use, the author of the winning task could impartially and independently pursue the protection of his or her legal interest. Only the institution referred to in Article 101(1) of the Act on Municipal Self-Government – a complaint against a resolution to an administrative court – could fulfil the attributes of impartiality and independence in resolving the case. The issues raised in this article have not been the subject of more extensive reflection in the science of administrative law. They are also not the subject of numerous judgments. At the same time, it should be emphasised that the failure to adopt the concept of legal interest in the participatory budget procedure, in particular with regard to the failure to include the winning task in the municipal budget resolution, could result in the exploitation of the stronger position of the municipality in relation to citizens. Therefore, until the legislator takes appropriate legal steps regulating the above issue, it was necessary to discuss the available possibilities of protecting the legal interest of the author of the winning task and, in the opinion of the Author of this study, such a solution was indicated in Article 101, paragraph 1 of the Act on Municipal Self-Government. In pursuit of the set research objectives, the dogmatic-legal method was used, supplemented by an analysis of selected decisions of administrative courts.
The article adresses the legal interest of a unit of local government in the perspective of the so-called territorial regulation. The subjective scope of the considerations covers the municipality, ...poviat and self-governing voivodeship, which obliges to search for the sources of this interest in the organizational administrative law. This involves an examination of organizational norms, taking into account their construction and content specificity. The research assumption adopted leads to the conclusion that if a unit of local government is a structure or institution of organizational administrative law, then, in principle, its legal interest should be qualified in the same way and derive from the same source. The subject of consideration, however, is the special position of a unit of local government exposed to the reduction of the material substrate, and thus passive, in the context of the so-called territorial regulation. This regulation is a special legal act issued by the Council of Ministers, aiming to alter the boundaries of a unit of local government by creating, merging, dividing and abolishing, as well as determining the boundaries of municipalities and poviats, and changing the boundaries of voivodships. It is worth noting that the asymmetry in the position of units of local government, which manifests itself in this process, leads to a certain contradiction. This contradiction does not concern whether the unit of local government, whose material substrate is depleted, has a legal interest, but rather that it may not be entitled to any measures to protect its legal interest. Administrative law research methods have been applied to varying degrees in preparing the text, with the analytical-dogmatic method playing a dominant role. Source materials for writing the article include-legal acts, commentaries and court case law.
The aim of the article is to draw attention to the direct nature of the legal interest and to try to answer the question about the sources (grounds) of this interest. The analysis is carried out from ...the perspective of understanding individual interest in administrative law and focuses on the issues of qualifying legal interest, including law from the perspective of the nature of the relationship between individual interest and its normative basis, and from the perspective of the normative foundations for
protecting this interest. It also refers to the issue of the axiological determinants of directness legal interest in administrative law. The analysis here justifies the conclusion that the source of legal interest in administrative law comprises substantive norms belonging to the entire system of generally applicable law, which objectify the individual interest, and only the close relationship between individual interest and the legal norm which is the source of this interest allows such interest to be defined as a legal interest. The lack of a close relationship between the individual interest and the legal norm, which is considered as the source of this interest, allows such an interest to defined, from the perspective of administrative law, only as a factual interest. The close bond that must exist between an individual interest and the legal norm on which it is based in order for such an interest to be classified as a legal interest is expressed by the characteristic defined as the directness of the legal interest. The article also presents arguments to justify the thesis that the mere need to protect a legal interest, or even real protection provided to a legal interest in the area of civil law, does not constitute a source of legal interest in the area of administrative law. Just as the source of the legal interest should be sought in the norms of generally applicable law, the legislator decides on the protection and the degree of protection for this interest by establishing appropriate separate legal norms in this respect.
Este artigo trata sinteticamente a relevância da liberdade religiosa no Direito Penal, debruçando-se sobre a possibilidade de ela servir como objecto de protecção de leis penais, bem como sobre o ...papel que motivações religiosas que tenham guiado o agente poderão assumir na análise da sua responsabilidade.
Corporate law has a lot of gaps and shortcomings in the legal doctrine to date. Therefore, it is important to find these shortcomings and propose solutions to eliminate them. The topic of this ...research includes a derivative claim which ensures the restoration of any person's rights and interests as a party to corporate legal relations. The theoretical and methodological basis includes dialectical, historical, and comparative methods used to study the establishment, development, and functioning of economic entities. The study identified key trends that have emerged in the area of redressing corporate rights, as well as the advantages and disadvantages of applying a derivative claim and the efficiency of the system for redressing the rights of subjects of corporate legal relations. Based on the analysis of the provisions of the world current legislation and experience describing the development of corporate legislation and corporate legal relations, the study identified main trends that have developed in this area, as well as the positive and negative aspects of the application of a derivative claim, and the effectiveness of the system for remedying the rights of subjects of corporate legal relations.
O direito das sociedades contém muitas lacunas e deficiências na doutrina jurídica até à data. Por isso, é importante identificar essas lacunas e propor soluções para as eliminar. O presente trabalho analisa a ação derivada, que assegura a restauração de direitos e interesses de qualquer pessoa que participe das relações jurídicas societárias. O estudo utiliza métodos dialécticos, históricos e comparativos para analisar a criação, o desenvolvimento e o funcionamento das entidades económicas. A análise identifica as principais tendências na reparação dos direitos das empresas, bem como as vantagens, desvantagens e eficácia da aplicação das acções derivadas no sistema de reparação dos sujeitos das relações jurídicas empresariais. O estudo conclui que a ação derivada é um instrumento essencial para a governação empresarial e a resolução de conflitos. No entanto, é necessária mais investigação para desenvolver recomendações práticas para a resolução de problemas no direito das sociedades na Ucrânia
This paper analyses the role played by the notion of legal interest as a criterion for decisions on criminalisation and, according to some scholars, as an element of criminal offence. First, the ...analysis tallies the impact of legal interest on criminal policy, focusing on the correlation between this concept’s definition and underlying political theories. Subsequently, the article explores difficulties of using legal interest as an interpretative canon to determine whether the offender’s deed can be deemed materially unlawful.
This study addresses the protection of the legal interest related to membership in a self-government community. The first part of the article discusses the contexts of participation in ...self-government forms of direct democracy. The next section of the article provides other examples of institutions that can protect the legal interest arising from membership in a territorial self-government community. Ultimately, the aim of the study has been to identify and distinguish cases in which membership in a self-government community is sufficient for formulating the content of a legal interest of systemic origin/systemic nature. The analysis has also allowed for the “prior” identification and distinction of a systemic interest in formal terms, located at the level of systemic law, based on the membership in a self-government community (considering the key attributes of self-governing administration, such as corporateness and self-governance). The systemic interest of a member of a self-government community in substantive (content-related) terms, just like its (preceding) formal counterpart, is derived from and directly concerns membership in a self-government community, with the proviso that it is understood in terms of an influence directly affecting the substantive aspects of the self-governing form of action. The discussion also covers public subjective rights in the context of the possibility of participation of residents – members of the self-governing community – in the exercise of public authority and the possibility of interaction with the public administration in settling certain public matters.
The case commentary examines the recent ruling of the Court of Justice in the Nordzucker case. This judgment is important not only for the new approach to the ne bis in idem principle in competition ...law (which was first established in the Bpost case, issued the same day), but also for the clarification of the concept of “idem” with respect to the territorial effects of the infringement on the territories of two member states. The judgment thus provides guidance for the extraterritorial application of EU competition law.
Objectives
The purpose of this paper is to discuss the issue related to the examination of a constitutional complaint in the situation of the subsequent death of the person who brought the complaint ...from the perspective of the general legal interest related to its examination and the objectives associated with the examination of the complaint by the Constitutional Tribunal (CT).
Material and methods
To fully discuss the analysed matter, the dogmatic method, the comparative legal method, and - to a small extent - the historical method were used.
Results
According to the Constitutional Court, the distinctiveness characterizing the proceedings regarding a constitutional complaint in relation to judicial proceedings is significant enough to justify very cautious application of grounds for suspension or discontinuation of the proceedings. Adopting a different stance would greatly limit the ability to fulfill the primary function of proceedings before the Court in examining the constitutionality of legal provisions.
Conclusions
The death of the complainant should not close the way to constitutional justice. Constitutional review is aimed at protecting the rule of law and fundamental rights, therefore the Constitutional Tribunal should take steps to ensure that each complaint is thoroughly examined, regardless of the complainant's status.
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