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Search results for: COURTS
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Organisational culture and change management in courts, based on the examples of the Gdańsk area courts
PublicationABSTRAKT Background. Courts are by definition bureaucratic, hierarchical organisations, epitomised by low levels of networking potential, which basically lack mechanisms of information exchange, or those of sharing information both at the level of the organisation of the justice system (the macro scale) and within a given court (the micro scale). Research aims. The aims of this article was implementing modern management methods...
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The Courts Public image - The Desired Direction of Change
PublicationThis paper proposes to scientifically explore notions of court identity, principles of shaping a court system's image, and best practices in positive court image development relating to thhe courts in Poland
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Journal of Law and Courts
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The Handling of Business Lawsuits by Common Courts in Poland: Identification of Transaction Costs
PublicationCelem artykułu jest identyfikacja czynników mających wpływ na koszty transakcyjne dochodzenia praw z umów pomiędzy przedsiębiorcami w sprawach gospodarczych. Na potrzeby artykułu przeprowadzono pilotażowe badanie 210 spraw sądowych zawisłych przed Sądem Okręgowym w Gdańsku w pierwszej instancji po 2009 r., w których wyrok wydano w 2012 r. (ostatnie 210 spraw) a od wyroku wniesiono apelację do Sądu Apelacyjnego w Gdańsku i zakończono...
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The community involvement of courts: an action research study in the context of the Polish justice system
PublicationPurpose – As a rule, common courts are hermetic organizations, separated from their stakeholders by procedures based on legal provisions. For these reasons, they are often perceived as unreliable and non-transparent, and as such, they do not inspire trust among stakeholders. The authors posit that the court’s community involvement may lead to the increased accountability and legitimacy of courts, which should in turn result in...
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Law & Practice of International Courts and Tribunals
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Networkig activities of general judiciary - from theory to practice
PublicationOver the last three decades, networks - as a field of research - have acquired a significant place among management sciences. Unfortunately, in the judiciary they have become a subject of more careful analyses only recently, which resulted in a large discrepancy of knowledge - both in theory and in its practical adaptation for the needs of the courts. In order to fill this cognitive gap, an attempt was made to identify levels of...
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Responsible Court in the Global World - Managerism or Managerialism
PublicationOne can look at the improvement of the effectiveness and efficiency of the justice system from three perspectives: macro, mezo, and micro. After all, the general goal is to enhance the effectiveness and efficiency of the justice system as a whole (the macro perspective), the courts (the mezo scale), and court proceedings (the micro scale). The need to improve the effectiveness and efficiency of the justice system was noticed in...
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Do Judges’ Delegations Affect Judicial Performance? A Transition Economy Evidence
PublicationThe aim of this study is to discern whether, by delegating judges from the court to the Ministry of Justice, the Minister of Justice influences the results of courts in terms of adjudication. The study used a unique set of data for the Polish judicial system over a period of five years. The research results indicate that there are three reasons for delegating judges. Firstly, the delegation system serves to fill staff shortages...
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THE UNSUSTAINABILITY OF PUBLIC-SECTOR ORGANIZATIONAL NETWORKS: A CASE STUDY OF VOLUNTARY COURT NETWORKS
PublicationPurpose: The purpose of this study is to identify the problem of sustainability of public-sector 12 organizational networks on the example of common courts and what it implies for further 13 research. Methodology: The study used qualitative research tools in the form of structured 14 interviews. Interviews were conducted with 36 presidents and directors of common courts. 15 After conducting and transcribing each interview, their...
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A la recherche d’une coherence perdue – Possible Arguments for the Non-application of EU Law in Member States
PublicationThe European Union (EU) is an international organization which has a broad scope of competences that have been transferred to it by its Member States in the founding Treaties. The object of the article is to identify arguments raised, or that potentially might be raised, by national Constitutional Courts (and in the future possibly by other actors as well) to exclude in certain instances the application of EU law or EU jurisprudence...
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Action Research: Cooperation of Practitioners and Researchers for Knowledge Development in Public Organisations
PublicationAction Research (AR) is not only a research method or a research strategy for solving a research problem, but also an effective tool for developing knowledge and implementing changes in the organization. The aim of AR is to bring about a change within the studied area and get participants to initiate changes, in which the researcher and the recipient collaborate in investigating the problem and developing a relevant solution. AR...
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Determinants of judges’ career choices and productivity: a Polish case study
PublicationThe goal of this paper is to identify factors which affect judges’ productivity and career choice motives with the view of increasing judicial efficiency. Specifically, the investigation focuses on such aspects as judges’ remuneration, promotion, threat of judgment revocation, service/mission, periodic assessment, the threat of a complaint about protracted proceedings or of disciplinary proceedings, the threat of destabilization...
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Mowa nienawiści (hate speech) a odpowiedzialność dostawców usług internetowych w orzecznictwie sądów europejskich
PublicationThe article analyses the phenomenon of hate speech in the Internet contrasted with the problem of responsability of Internet Service Providers for cases of such abuses of freedom of expression. The text provides an analysis of jurisprudence of two European Courts. On the one hand it presents the position of the European Court of Human Rights on the problem of hate speech: its definition and the liability for it as an exception...
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Sustainability reporting in justice systems: a comparative research in two European countries
PublicationPurpose – That on accountability in public organizations is quite an old debate. Its introduction in judicial systems is, however, still viewed with some suspicion, due to its potential trade-off with independence and impartiality. Nevertheless, the need to respond to the demands for greater transparency and accountability has also pushed judicial organizations to establish a dialogue with a wide range of subjects. This study aims...
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Transformation of the Perpetual Usufruct Right Into the Ownership of a Real Property Estate
PublicationIn addition to the ownership, there is in Poland the so-called perpetual usufruct right, which is an intermediate form between ownership and limited property rights. It allows for long-term use of the land which is not our ownership. Makes it possible to mortgage a property, is transferable and inheritable. The article describes the legal regulations governing the establishment and functioning of the perpetual usufruct, and the...
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Determination of 3,4-methylenedioxy-α-pyrrolidinobutiophenone (MDPB) in blood. A case report
PublicationSynthetic drugs, known as ‘‘legal highs’’, are still very popular on black market. The determination of their composition are required in courts of law and also to understand what potential users may be subjected to. The interest of new cathinones, e.g. MDPBP, is in view of psychoactive effects that they cause and that, in many cases, they are not controlled by law. The case outlined here concerns 19 years-old man, who was found...
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Approval of an Arrangement in the Restructuring Proceedings and the Financial Condition of Companies Listed on the Stock Exchanges in Warsaw. Is There Any Relationship?
PublicationThis paper attempts to identify the financial indicators differentiating companies that are insolvent or at risk of insolvency and have successfully entered into an arrangement with their creditors from those that have not. In addition, a two-factor model for predicting the odds of an arrangement has been proposed. The research was conducted using a population of companies listed on stock exchanges in Warsaw that initiated restructuring...
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Usługi ośrodków podregionalnych w Polsce
PublicationOśrodki podregionalne definiowane są jako miasta, w których skoncentrowane są takie usługi, które w Polsce mogą być w kilku miastach województwa, ale nie w każdym mieście powiatowym. Usługi zawsze miały tendencję do koncentracji, tworząc ośrodki różnych poziomów w hierarchicznej sieci osadniczej. Celem prezentowanych badań było: (1) określenie usług typowych dla poziomu podregionalnego; (2) rozpoznanie koncentracji tych usług,...
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Blood concentrations of a new psychoactive substance 4-chloromethcathinone (4-CMC) determined in 15 forensic cases
PublicationPurpose: The 4-chloromethcathinone (4-CMC) is a synthetic derivative of cathinone and belongs to new psychoactive substances. Neither data on the effects of 4-CMC on the human body, nor on nontoxic, toxic and lethal concentrations in biological materials have been published in the literature. This paper describes the results of an analysis of the blood concentrations of 4-CMC determined in 15 forensic cases related to nonfatal...
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Nowelizacja art. 209 kodeksu karnego. Analiza proponowanych zmian. Analysis of the Proposed Amendments to Article 209 of the Polish Criminal Code.
Publication"W niniejszym artykule rozpatrywane jest zagadnienie przestępstwa niealimentacji (zwłaszcza, gdy pokrzywdzonymi są dzieci). Artykuł dotyczy analizy nowelizacji polskiego kodeksu karnego. Przez lata ściągalność roszczeń alimentacyjnych pozostawała na niskim poziomie. Właśnie w celu poprawy skuteczności egzekucji świadczeń alimentacyjnych Ministerstwo Sprawiedliwości przygotowało zmianę w obszarze kodeksu karnego. Nieprawidłowości...
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Determination of benzodiazepines and Z-hypnotic drugs in whole blood samples by GC–MS/MS: Method development, validation and application
PublicationBenzodiazepines (BZDs) and Z-drugs are widely used as anxiolytics, sedative hypnotics, anticonvulsants and muscle relaxants. “Designer benzodiazepines” (DBZDs) are a new psychoactive substance class consisting of benzodiazepine derivatives that are not allowed for medical use and are known for being used recreationally. From a toxicologist standpoint, the huge number of such substances implicate a necessity for developing fast...
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Corporate Restructuring. The directions of Legislative Changes
PublicationThe aim of the paper is the presentation of new legal regulations regarding corporate restructurization and challenges of their implementation to avoid the regulatory risk.
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The networking of the justice system as part of public court networks
PublicationThe goal of this paper is to look at the organizational structure of the justice system and provide the answer to the basic question of the possible network relations, their force, and imapct. As part od the paper, I have defined public inetrorganisational court network, dividing them into regulatory inter-organisational networks nad voluntary inetrorganisational networks. Emphasis has also been placed on the benefits and threats...