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Przegląd Ustawodawstwa Gospodarczego Nr 03/2009

ISSN: 0137-5490
Pages: 32
Place publication: 2009 Warszawa
Binding: paperback
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Krystyna Nizioł

Czynniki wpływające na wysokość długu publicznego w Polsce - wybrane problemy

Factors affecting the amount of public debt in Poland - selected problems
The purpose of the study is to analyze the amount of public debt in Poland, first of all in the context of legal, but also economic and social factors that may contribute to its growth in the future. Public debt is one of financial law institutions that are directly connected with the situation of public finance in each country. The level of public indebtedness, pace of its accumulation and structure, lets one assess to someextent the condition of the country's finances. As a result, it seems that one may indicate specific legal, economic and social premises that can determine the amount of public debt in Poland. However, owing to complexity of these problems, in the study presented are only some socio-economic phenomena that shall be considered in the assessment of the future condition of public debt in Poland. Normative restrictions, supposed to control and limit growth in this debt are debt limits specified in the Public Finance Act and the Constitution of the Republic of Poland as well as caution and reformatory procedures specified in the Public Finance Act. However, in practice, the application of these procedures may prove to be socially severe, especially in the case of cumulated other negative economic phenomena, such as for example decreased rate of economic growth, and reduced budgetary income as a result.

Marcin Stoczkiewicz

Zasada "zanieczyszczający płaci" a pomoc państwa na ochronę środowiska

The polluter pays principle and the state aid for environmental protection
The Polluter Pays Principle is one of the Treaty-based principles of the Community environmental law. It provides that the polluter is financially liable for compliance with the requirements set by the existing legislation concerning environmental protection. This principle is implemented by the adoption of standards at Community and Member State levels imposing environmental obligations on undertakings which have to incur the related financial burdens. The prerequisite for the implementation of the Polluter Pays Principle is the prohibition of the grant of subsidies to undertakings to meet environmental objectives, including their alignment with the environmental standards. On the other hand, the Polluter Pays Principle is also a key principle which determines the practice of the European Commission in the scope of controlling the State aid for environmental objectives. In the practice relating to State aid, the Commission applies the Polluter Pays Principle for two different purposes, specifically (a) to determine whether a measure is State aid within the meaning of Article 87 (1) of the EC Treaty and (b) to determine whether the State aid may be considered compatible with the common market pursuant to Article 87 (3) of the EC Treaty. The paradox consisting in basing the policy on controlling the State aid for environmental protection on the Polluter Pays Principle (including the related prohibition of the grant of subsidies to undertakings for environmental purposes) is an apparent one. Indeed, the State aid for environmental protection is admissible only where either it is consistent with the Polluter Pays Principle or it is an especially justified exception to this principle.

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Joanna Sieńczyło-Chlabicz
Monika Nowikowska

Obowiązek szczególnej staranności w świetle ustawy Prawo prasowe

Duty of special care in the light of Press Law
Article 12 par. 1 item 1 of the Press Law requires "special care" of the journalists. Special care should be constructed as a model of conduct of journalists, which always should contain: reliability, verified standards of credibility of information, objectivity, criticism. These requirements imply the need to construct a model of journalist. Defining this model, should develop doctrine and judicature. The existence of special care can not be evaluated from the personal point of view or good/bad intentions of the journalist. The special care does not set the standards or limit the rules of criminal defamation and responsibilities of the journalist, but it should fulfill their duties with diligence. In accordance with the article 12 paragraphs 1 item 1 of the Press Law special care is one of the main duties, the basics of journalist action. Special care may be considered a decisive criterion between freedom of the press and protection of such important values as the dignity, good name, honor and privacy. Freedom of the press is the foundation of democratic rule of law. That freedom of expression including journalism and the right to make critical judgments contributes to the proper functioning of state institutions; but Freedom does not have an absolute character. On one hand certain limits are being set up by the criterion of truth and on the other hand it's been done by the need of protection of privacy for other people also. The press must not exceed the limits set out, inter alia, in the name of "the need to protect the good name"
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