This article critically evaluates the summary procedure introduced by Protocol No. 14 to the European Convention on Human Rights, adopted within the reform of the European Court of Human Rights system. The summary procedure, now set out in Art. 28(1)b of the Convention, was instituted in order to facilitate expediency and to reduce the case load of the Court. This article argues that while judicial economy is a legitimate goal, the summary procedure under Art. 28(1)b has considerable deficiencies that undermine some of the systemic goals and core values of ECHR law. There is a manifest lack of remedies vis-à-vis the choice of the procedure, choice of applicable law, and no appeals against final decisions rendered in the course of the summary procedure. Notably, the concept of “well-established case-law” seems to be neither clear nor reliable, as evidenced in the cases analysed in the article. These cases, which involve the issue of socially- owned property in Serbia, serve to demonstrate some of the significant errors in interpretation and decision-making which can result from application of the summary procedure.
In its history, Poland was usually more oriented to land than to the sea. For many centuries we have not been able to see the opportunities and potential created by the coastal location of our country. In the current strategic documents in Poland, there are also no proper references to the maritime security of the state, although we are a member of both NATO and the European Union. The article presents the creation process in 2015–2017 and the content of a unique document devoted to this issue: Poland’s Strategic Concept for Maritime Security, which was born thanks to the efforts of “enthusiasts” of maritime affairs from the Naval Academy, Shipbuilding Council and the Institute of General Józef Haller under the leadership of the National Security Bureau. In the authors opinion, the document is to form the basis for work on the future maritime security strategy of our country, and also become the “engine” of public discussion in Poland on maritime security issues and the effective use of the coastal position of the state for economic development.
Artykuł poświęcony jest zjawisku porzucania marynarzy przez ich pracodawców morskich. Kwestia ta od kilku lat jest przedmiotem zainteresowania dwóch organizacji międzynarodowych: Międzynarodowej Organizacji Pracy (ILO) i Międzynarodowej Organizacji Morskiej (IMO). Wydały one w tej materii wspólne wytyczne - ponieważ nie mają one jednak charakteru wiążącego, armatorzy nadal naruszają prawa marynarzy. Spektakularnym przykładem takiego naruszenia jest przedstawiona w artykule sprawa statku “Olga J ”. Przypadek ten jest charakterystyczny dla współczesnej żeglugi, gdyż statek był własnością spółki zarejestrowanej w Belize, czarterowany był przez armatora cypryjskiego, a podnosił banderę Hondurasu. Załoga międzynarodowa: kapitan Grek, marynarze z Ghany, Wysp Zielonego Przylądka i Senegalu. Statek zatrzymany w bułgarskim porcie Burgas, początkowo przez PSC, następnie aresztowany przez władze bułgarskie. Kapitan porzucił załogę, zostawiając ją bez środków do życia, doszło do incydentów z władzami bułgarskimi. Członkowie załogi przez kilka lat starali się o pomoc w różnych organizacjach, w tym w związkach zawodowych. Wreszcie próbowali wykorzystać przepisy o ochronie praw człowieka. Autor przedstawia reperkusje prawne z tym związane.
We study an elegant snap system with only one nonlinear term, which is a quadratic nonlinearity. The snap systemdisplays chaotic attractors,which are controlled easily by changing a system parameter. By using analysis, simulations and a real circuit, the dynamics of such a snap system has been investigated. We also investigate backstepping based adaptive control schemes for the new snap system with unknown parameters.
On 16 July 2019, another significant amendment to the provisions of the Act on the transformation of the right of perpetual usufruct to land built-up for residential purposes into the ownership title to that land was introduced. The purpose of this research paper is to analyse the influence of the amendments to the regulations on the scope of the real properties subject to the transformation of perpetual usufruct into ownership, to identify the problems and to assess the status of the implementation of the transformation process in practice. The conducted research has resulted in the presentation of the structure of land on the example of a selected city, in particular with reference to real estate let into perpetual usufruct for residential purposes. The author has also determined the status of the implementation of the transformation process in practice as well as the problems hindering the issuance of certificates for all transformed properties within the statutory period. The progress of the transformation process in a given area depends, inter alia, on the scope of real properties subject to this transformation, the requirement to perform additional analyses, including those regarding non-compliance of the legal and factual state of the property, and the assessment of the existence of public aid and related payments. This study is a continuation of the earlier research, extended by the effects of the regulations introduced in July 2019, as well as by the assessment of the progress in the transformation process in practice.
This paper addresses the issue of the historical development of for fear (that) in English – a prepositional subordinator ushering in fi nite clauses of purpose in which negation is inherently coded, i.e. the content of the subordinate clause is negated by the complementiser which does not contain a negative particle in itself. The rise of this construction is studied within the theory of grammaticalization and it turns out to be a regular case of grammaticalization following the mechanisms of grammaticalization such as desemanticisation, extension and decategorialisation.
This paper argues that it is the causative structuration of the motion situation that seems to be the crucial factor determining the status of intransitive verbs of locomotion and their potential to enter into a certain set of syntactical configurations. More specifically, the paper attempts to provide arguments against the commonly held view that locomotion verbs in directed motion constructions are unaccusative (this applies to both intransitive structures and transitive causative structures). If the subject argument of an intransitive manner of locomotion verb displays reduced agentivity (i.e. if it displays properties of both an agent and a patient), it is not admitted into transitive causative structures, in spite of the alleged unaccusativity of verbs that are admitted into them. The inability of path verbs to causativize is explained by appealing to the fact that these types of verbs render motion as not forming part of an energetic (i.e. a causal) chain. Related to this is the fact that the subject argument of these verbs falls outside the agent vs. patient classifi cation, which is commonly claimed to be directly related to the verb’s unergative vs. the unaccusative status, respectively.
This paper draws on an anthropological perspective on social security to explore the complex ways in which Czech- and Slovak-speaking migrants living in Glasgow negotiated their healthcare concerns and built security in the city and beyond. It is based on 12 months of ethnographic research conducted in 2012 with migrants who moved to Glasgow after 2004. Inquiring into healthcare issues and the re-sulting insecurities from the migrants’ perspective and in their everyday lives, the paper demonstrates how these issues were largely informed by migrants’ experiences of ‘uncaring care’ in Glasgow, rather than due to their lack of knowledge or understanding of the Scottish/UK health system. Furthermore, the findings reveal how these migrants drew on multiple resources and forms of support and care – both locally and transnationally – in order to mitigate and overcome their health problems. At the same time, the analysis also highlights constraints and limitations to the actors’ care negotiations, thus going be-yond a functional approach to social security, which tends to overlook instances of ‘unsuccessful’ or unrealised care arrangements. In conclusion, I propose that migrants’ care negotiations can be best understood as an ongoing process of exploring potentialities of care by actively and creatively opening up, probing, rearranging and trying out sources of support and care in their efforts to deal with per-ceived risks and insecurities in their everyday lives.
Ukraine has been going through a series of political and economic crises, notably the Euromaidan revolution and the Russian aggression and subsequent economic downturn. These events triggered fresh transnational diaspora-led activities such as the ‘London Euromaidan’ and the ‘Warsaw Euromaidan’. This paper analyses Ukrainian diaspora volunteerism in the UK and Poland and explores how the Ukrainian diaspora engages and contributes economically, socially, politically and culturally to the development of Ukraine. Drawing on fieldwork in both countries, three main findings were identified. First, due to the events in Ukraine, the Ukrainian diaspora has mobilised, grown stronger and became more united, whilst transforming from a more inward-looking to a more outward-looking community which, as a result, is now more and critically engaging with Ukrainian affairs. Second, the Ukrainian diaspora has the willingness, power and resources to contribute to the development of the home country, claiming to be recognised as an important stakeholder in the development of Ukraine. Thirdly, the Ukrainian government’s lack of recognition of the contribution of the Ukrainian diaspora is one of the most significant barriers to more comprehensive diaspora involvement in development.