Real estate management and long-lasting real estate management

The article focuses on various aspects of real estate management. It presents its general definition and entitlements of the land steward. Moreover, it presents the real estate management agreement and the scope of activities of the administrator along with final conclusions. Next, the article discusses long-lasting real estate management in a specific legal form linked to real estate ownership.

The aim of the article is to present the role and nature of the operational powers of the Polish Special Services (Internal Security Agency, Foreign Intelligence Agency, Central Anticorruption Bureau, Military Intelligence Service, and Military Counterintelligence Service). The article contains a classification of such powers, presents their classified nature and the importance they have for the performance of the Special Services’ tasks. The de lege lata conclusions are complemented by some de lege ferenda postulates on the necessity of adopting a separate Act of law concerning the operational and investigative competences of the Special Services and the Police Force.

The article defines the concept of “procedure” and clarifies the question of correlation between such terms as “proceedings” and “procedure”. Several approaches to the definition of “procedure” have been analysed depending on the selected notion of the subject of the administrative process (from the viewpoint of management, law and the judiciary). It has been observed that the terms “procedure” and “proceedings” refer to static and dynamic interdependencies. The emphasis is put on the fact that the differentiation of administrative proceedings can be performed using a variety of criteria and there can be no exhaustive list of criteria for the classification of administrative proceedings in the legal science. It has been suggested that the more criteria are used to classify the administrative proceedings, the further understanding of each administrative proceeding and its special aspects is achieved. Special attention is given to administrative proceedings characterised by the obligatory or optional involvement of legal entities as legal subjects. It has been indicated that a legal entity can be a subject of legal proceedings on administrative violations, enforcement proceedings and those regarding administration of complaints. In order to resolve particular inconsistencies in doctrinal and regulatory frameworks as well as law enforcement outcomes, it has been suggested that the legal persons’ tort liability as well as their ability to sue and procedural ability in administrative proceedings should be definitively formalised at the regulatory level in new codified acts of law (the Ukrainian Code of Administrative Procedure and the Ukrainian Code of Administrative Offences).

Remarks on the obligation of declaring a delivery agent (Art. 147 of the Tax Ordinance Act)

The cases of parties in tax proceedings taking action to avoid the effective service of official letters sent to them are a serious problem of tax authorities, which can lead to postponing the proceedings, or even preventing their factual closure. One of the means to prevent such cases is the obligation described in Article 147 of the Tax Ordinance Act to declare a delivery agent under the pain of treating as served writs that have not been effectively delivered (“legally undelivered writs”). The legal institution of delivery is also imperative for the performance of the obligation of ensuring the party can be an active participant in the proceedings. From this point of view it is important to inter alia correctly use the institution of a delivery agent. any important aspects related to to the institution of an agent in tax proceedings (including a delivery agent) raise doubts of tax authorities and agents themselves. In one of its orders (file reference II FSK 932/11) the Supreme Administrative Court notes that: “The issue of agents is being constantly raised in cases examined by administrative courts, though after many years of the rules of this legal institution taking place it must be astonishing to find so many errors made by both the agents and tax authorities on this matter.” Unfortunately, there is still no uniform interpretation of many such issues in judicial practice. The provisions in Article 147(1), (3) and (4)1, 3 and 4 of the Tax Ordinance Act aim at facilitating the proceedings, including releasing the tax authority from taking additional actions when a party avoids – due to a prolonged stay abroad – the effective service of official letters sent to them and as a consequence being taxed. It places responsibility on the party to declare a delivery agent in the case of “going abroad for a period of at least two months” and to notify the competent authority of such a declaration under the pain of treating as served writs that have not been effectively delivered. Also the provisions in Article 147(2), (3) and (4) of the Tax Ordinance Act aim at preventing the protraction of the proceedings due to delays in writ service. Pursuant to those regulations, the obligation to declare a delivery agent is also relevant for natural persons who are non-residents.

The European Administrative Space as a mechanism to increase the effectiveness of European law enforcement: an analysis based on the European Competition Network

The development of EU law over the last decades indicates the ongoing approximation of the national legal systems towards the European model. It is particularly visible in the area of national substantive law, where by the means of unification and harmonisation legal constructions developed at the EU level are introduced into the legal systems of different Member States. While the “Europeanisation” process leads to the establishment of common legal standards and institutions in different national jurisdictions, it is still necessary to analyse whether it guarantees the full effectiveness of European legislation. In other words, does the “Europeanisation” of national substantive laws ensure a coherent and efficient application of EU law by national courts and administrative authorities? In order to answer the abovementioned question the following article refers to the notion of the European Administrative Space. Through an analysis of the main principles of its functioning, the author seeks to determine if the cooperation between national administrative authorities is a necessary complement of the “Europeanisation” of national substantive laws. Moreover, by analysing the functioning of the European Competition Network, an example of the European Administrative Space in the area of competition law, the author aims to define the practical consequences of such administrative convergence and its impact on the efficiency of European competition law enforcement.

Methods for creating a European single market for services

In the case of creating a single services market, the methods for the integration of national legal systems are most of all direct in nature and based on directing the orders and prohibitions resulting from the provisions of the Treaty on the Functioning of the European Union and the Union’s secondary law to the Member States. Increasingly often, however, the traditional methods of creating the internal services market are effectively complemented by indirect methods, e.g. using European soft law, creating informal networks of public administration authorities which serve to help individuals exercise their rights resulting from the Union’s acquis, and conducting mutual assessment of solutions used in the legal systems of the Member States in order to implement EU directives,. Analysis of Polish law and practices of the Polish economic administration confirm the postulated trend.

Mobbing: sociological and legal aspects of the phenomenon

The article presents the phenomenon of mobbing from the sociological and legal perspective describing its specific features, types as well as mobbers and the mobbed. Special attention is given to the phases of mobbing, pointing out the dependence between the advancement level of mobbing and the legal classification of the phenomenon on the one hand and individual actions, or lack thereof, and the exercise of employee rights and duties on the other.

Public administration in the Netherlands. The dynamics of change and the relations between politicians and civil servants

The article focuses on public administration in the Netherlands. The author presents its structure from the central to local level and describes the relationship between civil servants and politicians after changes which occurred in the Dutch state administration at the turn of the twentieth and twenty-first centuries.

The article showcases the most important theoretical aspects of the governance model, currently one of the most important streams of thought concerning the functioning of public administration. The author’s starting point is to abandon the classic Weberian model of perfect bureaucracy in favour of interactive forms of rule (e.g. new public management). He then presents the origin of the governance model, taking into consideration the problem of defining the model in question and the most important features of this solution. The author also mentions the five most important dilemmas resulting from the problem-fraught introduction of the governance model in public administration, first proposed by G. Stoker, and seeks to present some solutions making use of the universality and versatility of the notion of governance.

Recenzja książki Europeizacja prawa administracyjnego, Tom 3, System prawa administracyjnego, red. Roman Hauser, Zygmunt Niewiadomski, Andrzej Wróbel, Wydawnictwo C.H.Beck, Instytut Nauk Prawnych PAN, Warszawa 2014.

Recenzja książki Krystyny Celarek, Prawo informacyjne – problem badawczy w teorii prawa administracyjnego, Wydawnictwo Difin, Warszawa 2013, ss. 312

Zapowiedź międzynarodowej konferencji naukowej „Aktualne procesy modernizacyjne w administracji publicznej – doświadczenia polskie i europejskie”, Kraków, 22–23 kwietnia 2015 r.