Jerzy Adamczyk

Legislative Competence of a Diocesan Bishop on Munus Docendi in the Light of the Code of Canon Law (CIC)

Summary

The article discusses legislative competence on munus docendi granted to diocesan bishops by the 1983 Code of Canon Law.

Some of the code regulations are of obligatory and some of non-obligatory character. From among all the functions of a diocesan bishop, the teaching obligation is given priority. These functions are administered by either the bishop himself or by the agency and assistance of priests and even the faithful laymen. In the latter case, the bishop is a chief teaching leader and instructor. The primary manifestation of that teaching leadership in a diocese is the bishop’s legislation on munus docendi.

After a brief introduction, the author, following the code arrangement, addresses the teaching function of the Church to be canonically regulated by the bishop.

The hierarch being the exclusive legislator in his particular church is bound or authorized to regulate some areas of the teaching office in such areas as: ecumenical action of Catholics, the preaching of the Word of God, catechetical instruction, missionary action of the particular church, religious education in schools and the instruments of social communication.

As regards religious instruction, more space has been devoted to the issue of Catechetical Department of the Bishop’s Curia; conclusions have been drawn that, although CIC omits to mention that, this institution is established obligatorily under particular law.

A bishop may elect to exercise his legislative competence both at a synod and outside.

The article concludes with some closing remarks following from the analysis of the CIC regulations and of the relevant, latest ecclesiastical documents.

 

Agata Barczewska-Dziobek

Jacek Dziobek-Romański

 

Environmental Information and the Individual Right to Good Administration. Selected Problems

Summary

 

In a democratic state, an individual has the right to obtain from the state administration genuine data on the individual’s closest precincts. A number of issues fall into this category: safety and public order, health, information on the intentions of public authorities (sponsored by public contributions), etc. One of the most fundamental issues pertaining to the individual‘s safety, i.e. unrestrained activity, is their surroundings which, to the greatest extent, have a direct impact on health. No doubt, part of these surroundings is natural environment, or, more precisely, its actual condition affecting the mental, physical and health status of the individual. Consequently, the individual rights must correlate with the responsibilities of the state operating through institutions; among these responsibilities, the state should provide the information about the condition of the individual’s environment.

When analyzing the Polish legal system and its solutions regarding the access to public information on environment, the authors arrive at a conclusion that the individual’s access to such information is broad, open and unrestricted. Any information on environment, the agents influencing its condition, the activities of entities shaping natural environment, the entities utilizing environmental resources, etc. in possession of a public authority must be made available in the public information networks, such as the Internet; hence, access to this kind of information is contingent exclusively upon the intention of the interested party and should be subject to no limitations, considering the person’s legal or proper interest or the manner of using the obtained environmental information. Although the array of data disclosed in public telecommunications networks is of closed character – since the regulations specify the scope of information to be so provided – anybody may access the remaining environmental data upon filing a relevant access request. It transpires that the manner of distribution of the data in question is by no means circumscribed. It must be stressed that the privileged entity with regard to obtaining environmental information is an individual and, although in the light of administrative law a local citizen is ranked higher than a foreigner, practically speaking, the regulations do not differentiate between the locals and foreigners when it comes to environmental information, which should be provided irrespective of the requesting party’s national status. The views of Polish legislator on the provision of environmental data clearly mirror international standards worded in the European Code of Administrative Behaviour.

In conclusion, Polish law fully complies with the exigent, international standards on access to environmental information.

 

Grzegorz Jędrejek

The Right to Lodging Allotted to a Regular Soldier and Matrimonial Property Relations

Summary

Soldiers in the active service (regular soldiers) receive a decision about the right to occupy a flat (permanent lodging). If a serviceman is married, such a right – although received solely by the soldier – becomes a joint property of both spouses. Such a solution follows from the interpretation of Article 33 of the Family and Guardianship Code. There is also analogia legis to Article 680 of the Civil Code. In the event of the division of the right to the lodging, another regulation is applied during the property division proceedings, namely Article 212(1) of the Civil Code which reads that one of the spouses receives the right to occupy the lodging after having paid off the other.

 

Margita Prokeinová

Iveta Fedorovičová

 

Examination Methods and Techniques with the Accused and Witnesses

 

Summary

 

Every state pays great attention to the issues of criminal proceedings as they affect the area of fundamental human rights and liberties. It is very important to respect and follow them in order not to debase human dignity, yet, at the same time, the proving should be fair and just as it represents an important stage of a criminal proceeding. The proving methods have been the subject of a number of articles, monographs, studies, etc for a long time. The proving methods and techniques within penal procedure has changed and developed over the years under the influence of various social and political factors.

One of the proving tools is also the examination of accused persons and witnesses during a criminal proceeding. The author presents the methods of witness examination from the tactical and methodical point of view, which the discipline of criminology needs to take into account. One the other hand, in this very proceeding, all procedures must be strictly followed so that no absolute or relative evidence invalidity occurs. What follows, close attention must be paid to both the area of criminology and criminal proceeding.

Consequently, all proving methods must result from certain principles underlying a criminal proceeding.

In relation to the examination methods and techniques, the author mentions the use of a lie detector, or a polygraph. In the Slovak Republic, despite somewhat sceptical approach of certain enforcement institutions to such an examination technique, there have already been cases of permitting a lie detector in trials. Nevertheless, their use is only possible in the proving procedure in some specific circumstances. There are criminological techniques that are not allowed for by law but are used if not in opposition to applicable regulations. For one cannot argue that results of an experiment with provided for by the binding law are not permitted as evidence. It should be underlined that courts are not consistent in applying the knowledge offered by criminology, which impinges upon the standards of court proceedings: numerous procedural gaps lowering the quality of the proving, court overloads, etc.

 

Dorota Pyć

The Legality of the Construction of the North European Gas Pipeline in the Area of the Baltic Sea

Summary

The construction and future operation of the North European Gas Pipeline on the bottom of the Baltic Sea provoke constant debate being the subject of much controversy in recent years. The questions raised concentrate on how to balance the principles, goals and policies concerning: the proper protection of environment and natural resources of the Baltic Sea, energy security in the entire European Union, the fears of uncontrolled strengthening the position of Russia and the Baltic Sea area and Europe. The entities representing different states bordering on the Baltic Sea and involved in decision-making struggle to adopt a well-argued stance and even keep changing it.

Bearing that in mind, the conclusions of the European Parliament resolution of July 2008 do not come as a surprise. At the core of the problem, there are the legal principles of prevention and precaution, the principle of co-operation and solidarity and the principle of the obligation of environmental protection and responsibility for the protection of marine environment. The aim of the European Union is to ensure energy security and positive condition of marine environment as well as the aim of full integration. The views are different, so are the parties’ arguments.

According to the Maritime Law Convention of 1982, referred to as ‘the constitution of the seas,” co-signed by the European Communities, all states bordering semi-enclosed seas, such as the Baltic, should collaborate on the exercise of their respective rights and obligations ensuing from the convention. This convention imposes a legal regime and defines the legal status of sea areas. The cooperation obligation mentioned in Article 123 of the convention pertains to any installations and constructions implemented on the sea or ocean beds, including the Baltic Sea. The issue of the North European Gas Pipeline leads to a conclusion that international law is being disregarded, in particular the principles developed by international communities throughout many centuries’ practices.

 

Piotr Zacharczuk

 

The Obligation of Providing a Network for Take-Back Facilities of End-of-Life Vehicles

Summary

Pursuant to the Recycling of End-of-Life Vehicles Act, car suppliers have been encumbered with the obligation to establish and operate their own networks of automobile scrap take-back facilities. The network should be so installed as to allow the car owner to dispose of the end-of-life vehicle at a take-back site or a dismantler located within 50 km from the car owner’s seat or place of residence in a straight line. A car supplier who brings no more than 1000 vehicles in a calendar year into a country’s territory is released from the obligation of establishing the network. However, such a supplier, as well as any entity which is not a company and pursues intra-Community acquisition or import of vehicles, is obliged to make, to the bank account of the National Fund for Environmental Protection and Water Management, a payment of PLN 500 for each vehicle brought to the country’s territory. A car supplier who is obliged to establish a network or who provided a declaration on being bound by the obligation but fails to meet it shall count and pay the fee for the lack of the network. The obligation to provide an end-of-life vehicle collection network may be fulfilled by the car supplier by the establishment of such a network by their own means and economic resources. This obligation may also be fulfilled by the entities involved in a scrap vehicle collection entering relevant agreements under civil law which guarantee a car supplier that car owners will be able to return their vehicles to take-back sites or dismantlers situated no more than 50 km form the owner’s seat or place of residence in a straight line.

 

Agnieszka Ziółkowska

 

Witness’s Testimony in the General Administrative Procedure

Summary

 

The article discusses one of the examples of proof in the general administrative procedure, that is, proof by witness. While leading up to more detailed analysis, the author defines the notion of proof in the light of the civil code on the nature and significance of the proceedings to take proof. Further, the author casts light on proof by witness within legal proceedings while drawing attention to its role in the investigation of the objective truth by an administrative body. Legal and material causes excluding a witness from jurisdiction administrative proceedings had been discussed including the practice of refusal to testify and refusal to answer questions. Moreover, the author discusses the problem of testifying, consolidating and expressing memorised facts. As a conclusion, the author stresses that the proper gathering and evaluation of proof in close collaboration of involved actors is prerequisite for correct decision-making in individual administrative cases.

 

Bronisław W. Zubert

The Right to Holy Sacraments

Summary

 

The sanctifying role of the Church is fully manifested thought the sacraments. They are “the God’s work” in the Church and contribute to the holiness of the human being and the establishment of the Mystical Body of Christ. The right to the Holy Sacraments is a continuation of every human’s right to baptism. It is rooted in everybody’s share in the Threefold Office of Christ and simultaneously comprises a constitutive status of all who have been christened. The article attempts to construe the norms pertaining both to the entities entitled to receive the sacraments as well as those to administer them. The author points to the limitations of the right to the sacraments and elaborates on the conditions to be met by the faithful willing to receive them. Among these conditions, the ecclesiastical legislator numbers: appropriately filed request, spiritual fitness and lack of legal exclusion.