Papers by Aleksandra Szydzik
Przegląd Konstytucyjny, Oct 28, 2021
The article seeks to define the role of the spouse of the President of the Republic of Poland in ... more The article seeks to define the role of the spouse of the President of the Republic of Poland in the systemic practice, as well as to answer the question of whether there is a need to regulate her legal status. It should be noted that although the President's spouse does not hold any office by law, she is active in the public sphere. Her activity does not consist in exercising public authority but is limited to the performance of representative and social functions. These considerations are additionally justified by the fact that in the past, Sejm of the Republic of Poland attempted to grant the President's spouse remuneration for customarily performed duties.
Przegląd Prawa Konstytucyjnego 2020, 2020
The paper aims at analyzing the phenomenon of judicial activism in Poland against the background ... more The paper aims at analyzing the phenomenon of judicial activism in Poland against the background of a resolution of the formation of the combined Civil Chamber, Criminal Chamber and Labor Law and Social Security Chamber of the Supreme Court of 23 January 2020 (BSA I-4110-1/20). The author discusses the Supreme Court's powers to resolve divergences in the interpretation of law and then provides an analysis of the nature of the resolution of the Supreme Court. The considerations made in the context of the paper lead to the conclusion that in situations of a threat to the rule of law the courts not only have a right but also an obligation to take active measures to protect the common good.
Przegląd Konstytucyjny, 2021
The article seeks to define the role of the spouse of the President of the Republic of Poland in ... more The article seeks to define the role of the spouse of the President of the Republic of Poland in the systemic practice, as well as to answer the question of whether there is a need to regulate her legal status. It should be noted that although the President's spouse does not hold any office by law, she is active in the public sphere. Her activity does not consist in exercising public authority but is limited to the performance of representative and social functions. These considerations are additionally justified by the fact that in the past, Sejm of the Republic of Poland attempted to grant the President's spouse remuneration for customarily performed duties.
Przegląd Naukowy Disputatio , 2018
The aim of the article is the analysis of the legal framework for conducting business activity by... more The aim of the article is the analysis of the legal framework for conducting business activity by sports clubs in the Polish legal order. First, the author determines the characteristic features of sports market, then attempts to formulate a definition of sports club. Next, the article focuses on discussing the provisions of the Act of 6 March 2018 – Law of Entrepreneurs, which sets out general rules for undertaking and conducting business activity by entrepreneurs, including also sports clubs. The analysis of the regulations leads to the conclusion that the Act of 25 June 2010 on sport, as a lex specialis, refers in a very narrow scope to the issues of commercial activity of sports clubs, introducing only slight modifications in this respect. By virtue of deliberations and conclusionscons made, the author indicates that along with the progressing commercialisation of sport, the nature of activities of sports clubs has also changed, as they have now become active entrepreneurs.
Animus. Prawo Zamówień Publicznych, 2018
For many years the public-private partnership has been a commonly employed form of cooperation b... more For many years the public-private partnership has been a commonly employed form of cooperation between the public and private sectors in pursuing public tasks worldwide. Nevertheless, with a steadily growing popularity of this institution, there may arise a doubt as to the theoretical background of the public-private partnership structure in the context of attaining public and private interests within its framework.
Author of the paper analyses the public-private partnership institution, with a particular emphasis on the position of the entities involved in execution of the project, then focuses on discussing the concepts of public and private interest. By virtue of deliberations and conclusions made, the author indicates that the objectives of public and private interest obviously do not have to be mutually contradictory, although the prospect of occurrence of a conflict of interests within the public-private partnership seems to be extremely realistic.
Animus. Prawo zamówień publicznych, 2017
The article focuses on the formation of public - private partnerships based on the example of the... more The article focuses on the formation of public - private partnerships based on the example of the undergoing venture on the Gdańsk’s Granary Island’s north headland. The authors of the paper analyses the public-private partnership institution, its irregular character, multitude of definitions, benefits and the history of its operation in Poland. Next, the attention is drawn to the examination of the proceedings connected with the public-private partnerships cooperation based on the current investments ongoing in Gdańsk. The article focuses mainly on the examination of the follow-up procedures, therefore attendant choices and reasoning behind decisions are discussed in great detail.
Przegląd Geologiczny , 2018
The aim of the article is to discuss the amendment to the Act of 9 June 2011 – Geological and Min... more The aim of the article is to discuss the amendment to the Act of 9 June 2011 – Geological and Mining Law (Journal of Laws from 2017, item 2126 with further amendments), as a consequence of the entry into force of the Act of 6 March 2018 – Law of Entrepreneurs (Journal of Laws from 2018, item 646), as well as the assessment of relevance of the changes devised. The author analyzes in detail a legal nature of the concession and then the changes introduced to the Geological and Mining Law in Chapter I of Section III, concerning concession rules. Paying particular attention to the context, causes and effects of the changes, the author indicates that the amendment was in fact only a technical activity, however, not devoid of the practical significance. This article attempts to answer the question whether the legislative practice of transferring general provisions to the sectorial act, which is undoubtedly the Geological and Mining Law, will contribute to a better understanding of the regulations among their potential recipients.
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Papers by Aleksandra Szydzik
Author of the paper analyses the public-private partnership institution, with a particular emphasis on the position of the entities involved in execution of the project, then focuses on discussing the concepts of public and private interest. By virtue of deliberations and conclusions made, the author indicates that the objectives of public and private interest obviously do not have to be mutually contradictory, although the prospect of occurrence of a conflict of interests within the public-private partnership seems to be extremely realistic.
Author of the paper analyses the public-private partnership institution, with a particular emphasis on the position of the entities involved in execution of the project, then focuses on discussing the concepts of public and private interest. By virtue of deliberations and conclusions made, the author indicates that the objectives of public and private interest obviously do not have to be mutually contradictory, although the prospect of occurrence of a conflict of interests within the public-private partnership seems to be extremely realistic.