rss_2.0Wroclaw Review of Law, Administration & Economics FeedSciendo RSS Feed for Wroclaw Review of Law, Administration & Economics Review of Law, Administration & Economics Feed Liability for Allocation of Scarce Healthcare Resources in the COVID-19 Pandemic: the Italian scenario<abstract> <title style='display:none'>Abstract</title> <sec><title style='display:none'>Summary</title><p>1. Tragic Choices in COVID times; 2. Criteria for the Allocation of Scarce Healthcare Resources; 3. Liability of Healthcare Professionals and Institutions; 4. Possible solutions?</p></sec> </abstract>ARTICLEtrue Science Races: the Standard of Care and Medical Negligence in the Times of Covid-19<abstract> <title style='display:none'>Abstract</title> <p>When a new disease emerges, there are at first no specific medicinal products to treat it. This has also been the case in the Covid-19 pandemic. Scientists and health professionals have been trying to establish the best treatments possible using the already-existing medicines that are normally used for different indications. The off-label use of medicinal products is a standard part of medical practice. If it meets certain criteria, it is not contradictory to the standard of care. Nevertheless, the urgency of the pandemic situation brings about new issues. What amount of data on efficacy and safety should be considered sufficient to scientifically justify the off-label use of a particular medicine? How should health professionals reflect the rapid scientific developments and high levels of uncertainty in their clinical practice? How can be these factors influenced by the politicisation of medicine? The paper deals with the outlined questions in order to analyse and concretise the criteria for off-label use of medicinal product in the specific context of the Covid-19 pandemic.</p> </abstract>ARTICLEtrue, Whistleblowing or Ignorance of the GDPR?<abstract> <title style='display:none'>Abstract</title> <p>The article is an attempt to draw attention to the intention of the Ministry of Family and Social Policy to shape its own legal policy with regard to the ability of the officials of the Social Insurance Institution (ZUS) to obtain information about individuals subject to official control. Within the proposed changes to Art. 61a of the Act of 25 June 1999 on cash benefits from social insurance in the event of sickness and maternity (Journal of Laws 1999, 60.636, as amended), the Ministry, not taking into account the requirement to ensure the existence of constitutionally guaranteed rights and freedoms, consciously shapes the law positive for full-range surveillance of every person covered by the interest of ZUS. In such circumstances, after adopting the amendments by the Polish Parliament (Sejm), ZUS will be included in the group of law enforcement authorities, as the scope of powers and possibilities its officials in the field have of obtaining information will be unlimited.</p> </abstract>ARTICLEtrue Specialist Chambers As A New Hybrid Court In The International Judicary<abstract> <title style='display:none'>Abstract</title> <p>After years of armed conflict and talks with international organisations, the Kosovo authorities agreed to establish an independent judicial body to prosecute the perpetrators of international crimes that took place during the liberation of Kosovo between 1998 and 2000. The Kosovo Specialist Chambers and Specialist Prosecutor's Office, with its jurisdiction over crimes against humanity, war crimes, and other crimes under Kosovo law is one of the newest judicial bodies operating in the international arena. Despite several years of activity of this body, it is not clear whether Kosovo Specialist Chambers is an international court or a hybrid court in its pure form. Outlining the characteristics of a typical hybrid court, followed by an analysis of the legal framework and functioning of the Kosovo Specialist Chambers will allow for a determination of whether this court is a hybrid court or a completely new type of.</p> </abstract>ARTICLEtrue Mechanisms for Adapting Contracts to Changing Economic Conditions in Professional Dealings<abstract> <title style='display:none'>Abstract</title> <p>In accordance with the principle of freedom of contract, expressed in Article 353<sup>1</sup> of the Civil Code, the parties may shape the legal relationship at their own discretion, inter alia, by including valorisation clauses. Many years of market stabilisation, especially the low inflation rate, led to almost unreflective contracting in business. A number of contracts concluded in recent years do not contain any mechanisms that would allow a change of remuneration due to the change of economic conditions, including in particular, increase of prices. Currently, due to the unstable economic situation and constantly rising inflation, indexation clauses should be widely used to protect parties’ interests. This article focuses on such clauses and the options available to the contracting parties in the absence of incorporation of such reservations in contract. The first part of the article discusses the issue of the indexation clause itself, followed by the issue of protecting the parties from potential losses caused by uncertainty of trade. The following part of article will focus on the secondary action needed to mitigate losses caused by market instability and lack of prior inclusion of indexation clauses in the concluded contract.</p> </abstract>ARTICLEtrue on Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the Protection of Persons Who Report Breaches of Union Law<abstract> <title style='display:none'>Abstract</title> <p>Without some of the important information brought into light by whistleblowers, many current scandals would not have occurred. It is undeniable that whistleblowing brought into the public domain can insert a previously unforeseen and incorrigible milestone in the biography of whistleblowers, which can lead to financial loss, loss of work, affect private life, and even health. Even in situations where the whistleblower acts in good faith, he runs the risk of being publicly judged and having his reputation tarnished by lack of protection. Reporting persons may even be driven to complete isolation or pay with their lives or that of their families. In view of this, the European Union has foreseen in a new directive a better protection for whistleblowers, through the implementation of a trilateral whistleblower system.</p> <p>The main new feature of the European Whistleblower Protection Directive is the obligation to establish internal whistleblower channels for legal entities in the public and private sectors with at least 50 or more employees. In the public sector, Member States may exempt cities with fewer than 10,000 inhabitants or fewer than 50 employees working in the public body from the obligation to establish whistleblowing channels. If the report to the company or public body is not successful, the whistleblower may report to the press.</p> <p>European legislators have until December 2021 to transpose the provisions of this directive into national whistleblower protection regulations.</p> </abstract>ARTICLEtrue Methods of Implementation for the Indispensable Mechanism of GDPR Compliance<abstract> <title style='display:none'>Abstract</title> <p>New quality that has been delivered by the provisions of General Data Protection Regulation (GDPR) (EU) 2016/679 is intended to secure a higher level of safety for personal data processing operations. The following elaboration was produced as an attempt to address the questions regarding practical methods of implementation for the indispensable mechanism of GDPR compliance. The guidelines contained in the article are supposed to be helpful in enhancing the safety level for processed personal data. Theoretical and legal studies over the status and functioning of the valid legislation with reference to the practical application of personal data processing procedures have been applied in the article. The main sources of knowledge included valid legal acts, opinions from Article 29 Working Party, technical norms as well as available general knowledge. The outcomes of the said studies indicated the complexity of the issue and established the necessity to continue further studies in practical implementation methods, such as the national and European mechanism of certification or sector codes of good practices.</p> </abstract>ARTICLEtrue Agreement For Cross-Border Cooperation Between Local Authorities<abstract><title style='display:none'>Abstract</title><p>The cross-border cooperation of local authorities, taken up based on the administrative law of each of the states, is marked by both integrating factors that refer to the similarities of the applicable system of law and separating factors arising from the principle of territoriality of administrative law. The frame agreement is a smart solution (a smart tool) of cross-border cooperation, because it enables cooperating territorial self-government units to conduct a unique operation of ‘recompensing’ separating factors with integrating factors.</p></abstract>ARTICLEtrue Report on the Fourth Wroclaw Conference on Competitiveness and Sustainability: “Global Challenges, Innovative Approaches, and Civic Action” Integration<abstract><title style='display:none'>Abstract</title><p>The article is devoted to smart integration taking place on the Polish–German borderland and, more precisely, the border between the Lower Silesian Voivodeship and the Saxony Länder, which, according to the author, is the result of an evolution of forms of transfrontier cooperation of territorial self-government units. It will analyse the conditions for the emergence of forms of cooperation in the transfrontier area and their evolution in European experiences to date and, after 1990, also with the involvement of Polish territorial self-governments.</p></abstract>ARTICLEtrue of the Fiscal Administration as One of the Conditions of Smart Administration in Poland<abstract><title style='display:none'>Abstract</title><p>Public administration is constantly changing, with the objective of keeping up with the social, economic and technological developments of the modern world. It is opening up to modern technologies, introducing ever newer innovations and attempting to satisfy the needs of the citizens. It is no longer seen to such a large extent as an archaic structure that is blind to reforms and modernization; as a result of which, it can start to be perceived as a smart organization. New instruments are being introduced in many areas of administration, one of them being the fiscal administration. The changes related to the ability to communicate electronically with the tax authorities, submit electronic tax returns or pay stamp duty electronically are certainly aspects that have a positive impact on the whole image of administration, enabling it to be referred to as ‘smart’. The paper provides an overview on the fiscal administration system in Poland and e-services provided thereby.</p></abstract>ARTICLEtrue Practices in Public Administration to End Homelessness: the Example of Scandinavian Countries<abstract><title style='display:none'>Abstract</title><p>Homelessness is a phenomenon for which the scale is growing at an alarming rate in Europe. It leads to the exclusion of people affected by it, to the denying of human dignity, and it constitutes a threat to human health and life. It is a multidimensional phenomenon in its substance and causes that lead to it. Therefore, it is necessary for the European states to take steps to prevent and reduce its scale. This requires thoughtful, sometimes innovative activities that bring with them a serious financial outlay for their implementation. It also concerns Poland, where the basic form of assistance to the homeless people is still a shelter, which is far from the level of assistance provided to the homeless people in the countries of Western Europe, especially in countries such as Finland, Denmark or Norway. The aim of the article is a theoretical overview of the notion of smart practices in public administration to end homelessness in selected Scandinavian countries and its state affair in Poland, using relevant scientific literature. The article provides the reader with information about the homelessness strategies implemented in Finland, Denmark and Norway, and refers them to the Polish conditions.</p></abstract>ARTICLEtrue City: From Concept To Implementation<abstract><title style='display:none'>Abstract</title><p>This article presents four interpretations of the term smart city, which are not competitive with each other, but even so, municipal authorities knowingly choose the so-called strong preference, as well as shows the conditions for implementing Smart City Projects, which is treated as one of the mechanisms of implementing the idea of the smart city. We also draw attention in the article to the logic of preferences, which is rooted in every decision-making process of municipal authorities, which were forced to make constant choices in conditions of conflicting expectations of stakeholders.</p></abstract>ARTICLEtrue of Smart Administration<abstract><title style='display:none'>Abstract</title><p>Smart public administration (hereinafter: smart administration) is understood primarily as the application of modern technologies that increase its effectiveness. However, not only modern techniques and innovative communication solutions define this concept. They should be considered in a broader sense because smart administration has many dimensions. The article presents just such an approach and discusses five dimensions of smart administration (technological, political, legal, subjective and structural).</p></abstract>ARTICLEtrue and Education as a Part of Public Administration in the Perspective of a Smart Organisation – Selected Attributes<abstract><title style='display:none'>Abstract</title><p>The study is aimed at emphasising the selected aspects of smart education with regard to the school perceived as an intelligent knowledge-based organisation challenged by state-of-the-art civilisational and technological educational solutions. The study focuses on school and education with respect to the structure and function of public administration perceived as an intelligent organisation. School and educational services will determine and influence future generations of public administration staff. Their brainpower as well intellectual resources (knowledge, skills and experience) will serve the welfare of the society. Highly intelligent administration may win the respect for the organisation itself and for its services rendered to the society.</p></abstract>ARTICLEtrue Administration– Really? Why Not? Introduction<abstract><title style='display:none'>Abstract</title><p>In an increasingly smarter world, where increasingly more areas of social life are encompassed by “smart solutions”, public administration cannot remain on the outside or in opposition to this process. The scholars of the Section of the Public Administration System at the Institute of Administrative Sciences of Faculty of Law, Administration and Economics at the University of Wrocław, have decided to devote a collective publication to the matter of smart administration. The articles comprising this volume present a rich array of topics related to the issue of smart administration, as each of the authors has chosen a different area of administrative activity.</p></abstract>ARTICLEtrue ‘smart’ is Public Administration in the Eyes of European Students? - Examining Behaviour Models in the Public Administration<abstract><title style='display:none'>Abstract</title><p>Following study focussed on the perception of the public administration by the international students in the context of implementation of the concept of smart administration. New administrative reality requires that public administration should not only adapt to new conditions, but should also introduce complex plans of change, which in consequence should lead to the creation of a new type of smart administration, which adequately answers the needs and expectations of contemporary and future citizens.</p><p>Smart administration should be understood as an effective, well managed organisation with reasonably simplified structure and conduct oriented primarily towards serenity, comfort and well-being of the recipient of its service. Important feature is easy, two-way communication, which is a gateway for active participation of citizens in public affairs in both local and nationwide level.</p><p>For the purpose of this study, various dispositions expressed towards public administration were classified into the three categories of behaviour models. Models of behaviour in public administration presented in the paper are meritoric-despotism behaviour, efficient-democratic behaviour and anarchist-informal behaviour and were created for this study on the basis of approaches already present in the field.</p><p>Main objective of the paper is to provide preliminary analysis of how the international students perceive changes in the behaviour models in public administration and what is the role of smart administration in this. This paper is based on the data collected during the interviews, conducted face to face, with four students from different part of Europe and who are following exchange programmes. Questions concerned the experience in contact with public administration, its role, performance and how should it be changed. Research results showed that regarding behaviour changes in public administration, interlocutors speak in favour of a centralised model of public administration rather than decentralised, which is interesting in the context of smart administration, because this mean that there is still a common perception that the base of classic approach to public administration should be maintained even if modified by new concepts.</p></abstract>ARTICLEtrue Importance of Trust at the Level of Public International Law: A Contribution to Theoretical Considerations<abstract> <title style='display:none'>Abstract</title> <p>The purpose of this article is to point to trust as a value serving the coexistence of international community cooperation, as well as the elimination of global threats in public international law. The article presents selected approaches and typology of trust adopted in social sciences (with particular emphasis on the sociology of law as an auxiliary science of jurisprudence), their reference to the understanding and meaning of trust in public international law, as well as consequences in the form of shaping the quality and content of legislative solutions and practice of acting in the international arena.</p> <p>As a result of the conducted analyses, trust in international law can be considered in three ways: first, as trust in the binding rule established by the subjects of international law; second, as a value expressed by the axiology of international law and principles of institutional significance; third, as a requirement of effective practice that exemplifies the theoretical and axiological assumptions of law.</p> </abstract>ARTICLEtrue concept of institutionalised disintegration: towards a recognition of the EU institutions anew<abstract> <title style='display:none'>Abstract</title> <p>The main purpose of this article is to recognise an ongoing phenomenon of disintegration in legal terms. A specific role of the EU institutions is inevitable because of supranational relations’ nature and to-date <italic>momentum</italic> of public international law. Briefly, disintegration supported by the EU institutions may be the expected solution. Therefore, the concept of institutionalised disintegration is the author’s proposal for using the EU acquis to create a new (autonomous) treaty regime of public international law and to define the EU institutions anew. The basis for reconciliation of institutions and disintegration is to constitute the scientific method on so-called legal phenomena that combine dogmas and functions of law in general. Legal phenomena are correlated with <italic>de lege ferenda</italic> proposals that – mainly critically – react to current challenges. Challenges – in turn – are derived from a <italic>de lege lata</italic> analysis of the politico-legal system (especially understanding of the institution, mapping of disintegration and examination of legislative methods).</p> </abstract>ARTICLEtrue impact of COVID-19 pandemic on financing the purchase of residential real estate through a mortgage in Poland<abstract> <title style='display:none'>Abstract</title> <p>The study analyses the changes in financing the purchase of residential real estate based on a mortgage in Poland, caused by the outbreak of the COVID-19 pandemic in its initial stage, that is, the period from March to September 2020. The research problem is the impact of the pandemic on the process of granting and repaying loans for housing purposes. Banking institutions tightened the terms of granting financing. People who received financing earlier may, however, benefit from assistance in paying off the debt. The research hypothesis assumes the negative consequences of the COVID-19 pandemic for the consumers of the housing loan market in the analysed period. The research methods used are the analysis of statistical data and facts. The author looks at the situation on the real estate market and the situation on the housing loan market in 2020. The study then highlights the actions of lending banks and the actions of buyers in the first pandemic months.</p> </abstract>ARTICLEtrue