Research projects  


Prof. Robert Rządca, Ph.D., Vice-Rector for Research and Faculty Development

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Legal Science 

Agnieszka Patrycja Doczekalska PHD

Language of the multilingual law of the European Union - (de)culturalization and (de)hybridization of legal language in the process of drafting and transposing EU law (18.07.2014 - 17.01.2017)

 

The project aims at analyzing how EU legal language develops and influences national legal languages and cultures of Member States. EU law is drafted in 24 official languages of the EU in such a way that it can be applied uniformly across the 28 Member States without violation of their national legal cultures. The study focuses on four processes. Firstly, two processes observed during EU legislative drafting are investigated: (1) Hybridization of EU legal texts which results from the contact of several languages and legal cultures and their blending during drafting of EU law; (2) Deculturalization of national legal languages of the Member States, which is necessary to
ensure linguistic parallelism in all 24 language versions of EU laws and thereby to facilitate its uniform application in the Member States. Secondly, the study examines two reverse processes: (3) dehybridization and (4) culturalization of EU legal language observed when EU law is applied in a Member State that has its own legal culture, and thus, its own legal language distinct from the legal language used in EU legal texts. This is especially apparent during the transposition of EU directives, when a domestic legal act transposing the directive is not drafted in the culturally neutral EU legal language but in a Member States’ legal language, which reflects the national legal culture. The investigation of the aforementioned four processes aims to answer the following research questions:
1.How do legal languages interact at national and EU level, especially:
• does drafting of EU law in Polish influence the legal language of Polish domestic legal acts?
• is it possible to distinguish a national legal language from the EU legal language; e.g. Polish
language of Polish law from the Polish language of EU law?
2. Does EU law have its own legal language? If so, what are the characteristics of this language?

The answers to the research questions will explain:
• how the phenomenon of multilingual law influences or changes the understanding of the concept of
“language of law” (implication for theory of law);
• how to use corpus linguistics tools in comparative law (implication for comparative law);
• which changes made to the national legal languages, while EU law is drafted and transposed, are inevitable and which ones are unacceptable (implications for legislative drafting). It should help to improve legal communication between legislative drafters of EU and national law and their addressees (development of civilization and society).

Project funded by the National Science Centre.

Professor Jolanta Jabłońska - Bonca

Private security protection and its norms. "Non-state law"? (13.03.2013 -12.03.2017)

Research project objectives/ Research hypothesis
The aim of the research is to determine how the "blurring of contours" of modern democratic states affects the law as a regulator of social life (its features and functions, including prestige and efficiency), and more generally, the structure of the entire normative fabric of society. The "blurring of contours" of states stands for the dispersion of power and control between public and private entities so that the relations of power, subordination and responsibility are not transparent for citizens. It is a multi-faceted phenomenon, clearly manifested by the action of institutions, law and other regulations, as well as political, civic and legal awareness. It has a direct effect on decisions taken by individuals, and consequently their confidence in the state, the prestige and effectiveness of law and other regulations. Safety protection has been selected as a specific research area to verify universal hypotheses. Safety protection is a fundamental responsibility of every state, unquestioned by any doctrines and ideologies, and is therefore an object of study that will clearly verify hypotheses. Citizens are currently subject to a number of extra-legal norms developed by private entities protecting safety. These norms "have gone out” of control of public authority and are hereinafter conventionally referred to as "non-state law", which captures the essence of the contradictory situation. Non-state regulations resulting from the delegation of tasks by the state to private entities complement a broad range of regulations and have many original features. This phenomenon poses a problem for the idea of the modern state of law and now requires extensive reactions:science, in particular the theory of norms; ideology; political agendas and the law itself.
Dispersed results of the research on the functions of modern states, the effects of globalization, changes in the configuration of forces in the  world after the Cold War, and after the tragedy of September 11, 2001 have not been synthesized and related to the findings of the theory of norms in a way that would show whether and what deep changes have occurred in the normative fabric of modern democratic states. This is the main objective of this research.

Research project methodology
The correctness of the proposed general theses will be examined based on the results of multi-faceted social research, not confronted so far with the theory of law, on the tasks of the state in the twenty-first century, including the area of safety, and on my own empirical and theoretical studies to additionally verify hypotheses. Modelling of institutions, norms and relationships in static and dynamic versions will be used in each phase of the research. The empirical studies will be mainly qualitative. Selected normative acts will be examined using the method of content analysis. In addition, questionnaires, interviews, case studies and other tools will allow for the verification of many hypotheses. A research team of students will carry out the empirical studies. The students will conduct controlled experiments in facilities protected by private entities, they will create "maps of private domains" and will take part in case study research.

Expected impact of the research project on the development of science, civilization and society
The results of the research will be new spatial models of relationships between socio-political and economic structures in terms of the law and other norms as well as new models of confused normative fabric of societies. "Seeing" the transformation will determine not yet perceived reasons for the collapse of confidence in the state. This will also enable a new conceptualization of research on regulations, and can influence the level of legislation and the manner in which the state will oversee tasks delegated to private entities.

Project funded by the National Science Centre.

Professor Alicja Pomorska

The necessity of a new income tax model in Poland (07.08.2012 - 06.08.2015)

The research conducted as a part of the project will have three purposes. The first purpose is to justify the need to generally amend the present income burden concept. The second purpose is to develop a general theoretical concept of a new income burden model. The third purpose is to determine key and essential economic, social and organizational conditions necessary to make this model work effectively in practice.
 
The aforesaid purposes determined the character and content of key research hypotheses which are as follows:

  • The present income tax system in Poland is encumbered with numerous significant flaws and weaknesses. First of all, it does not actually fulfil its fiscal and non-fiscal functions, is incoherent, low fiscally efficient and – in respect of the personal income tax burden – this system is based on a socially unjust distribution of burden costs among individual social groups, it does not enhance – in respect of entrepreneurs’ income burdens – any conditions that are favourable to develop entrepreneurs’ business activities. This system is unstable and excessively complicated since it is regulated by 3 separate tax acts which pertain to as many as 5 separate forms of taxation.

 

  • The special need and diligence to amend the income tax system especially clearly amount to the poor state of public finances in Poland, further deepening public debt and annually increasing budget deficit. Short-term and partial attempts made rapidly by the government to reform taxes, including income ones, do not bear any expected financial fruit, but they intensify the feeling of uncertainty in business and decrease household budgets. Therefore, it is necessary to carry out more far-reaching and well-judged reforms resulting from previously developed new concepts of strategic changes in the income tax model.

 

  • It is extremely difficult to reform the income burden system due to multiple and substantial economic and financial consequences that directly affect taxpayers. This exceptional significance and social sensitivity cause that in the process of reforming income tax burden principles there must occur significant political, social and psychological barriers. Due to this fact, the performance of the research project becomes a real scientific challenge.

 Project funded by the National Science Centre.

Jerzy Kranz PhD with habilitation

The notion of sovereignty in contemporary international law (13.08.2012 -12.02.2014)

The sovereignty belongs to the fundamental concepts of the theory and practice of international law.
The project aims to analyze the concept of sovereignty in the context of the evolution of contemporary international law and the changing international environment. The sovereignty is treated as a feature of the State. The role and functions of the State evolve affecting its powers, leading to their limitation and modification. As a consequence, the exclusive jurisdiction (domaine réservé) of the State diminish significantly.
The subject of the analysis are treaties, court decisions, resolutions (legally binding and non-binding) of international organizations, opinions of international bodies (eg Institute of International Law, International Law Commission), State practice and doctrine of international law.

Project funded by the National Science Centre.

Anna Pudło PhD

An implementation of the reforms introduced by the Treaty of Lisbon for the role of the national parliaments in EU matters (08.12.2011 - 07.04.2013)

The main aim of the project is submitted: 

1) First, to clarify the scope and summary of the EU’s political reforms contained in the Treaty of Lisbon in respect of national Parliaments; 

2) Second, the analysis so. Implementation of EU-related reforms introduced by the Treaty of Lisbon, the EU Member States in relation to national parliaments; 

3) Thirdly, an analysis of the functioning of parliamentary practice in the new legal regime. 

The issue of Implementation adopted by Member States to implement the provisions of the Treaty of Lisbon in respect of national parliaments is a new research issue which arose after the entry into force of the Treaty of Lisbon. The content of these activities and forming the practice is essential for the functioning and efficiency description interests of national parliaments and governments in the EU as a whole in the new legal regime. The intention of the author is a comprehensive presentation of issues identified in the project’s scientific objectives. The project results will serve to officials working in the offices of the Polish Parliament for comparative purposes, and cognition. In summary, the implementation of the project will bring the final product (and monograph publications partial) embedded in the existing research on the process of integration of national parliaments in EU affairs.

Project funded by the National Science Centre.

Professor Jan Aleksander Barcz

Implementation of the Lisbon Treaty. Legal Aspects (24.05.2011 - 23.05.2012)

The main objective of the proposed project is to clarify and summarize the scope of the EU's political reforms contained in the Treaty of Lisbon and on the other hand to focus on the analysis of so-called implementing measures and transitional arrangements associated with the reforms introduced by the EU Treaty of Lisbon. In this substantial part, the project will focus on the following issues:

  •  transitional periods laid down in the Treaties and the Protocol (No 36) (start of EU institutions in the new regime of law, the new formula of the qualified majority, the status of the legal acts of the former second and third pillar of the EU);
  •  new interinstitutional balance in the EU (especially between the European Council, EU Council, European Parliament and the Commission, taking into account the role of the High Representative, the Hybrid Presidency and "euro group");
  •  representation of the EU in external relations (the role of the High Representative in the context of the position of President of the European Council, the Presidents of the EP and the European Commission and on the procedure for concluding international agreements by the EU - especially the mixed agreements);strengthening the role of national parliaments in EU affairs (especially the national regulations, so-called footbridges procedures);
  •  strengthening the protection of fundamental rights in the EU (especially the EU accession to the ECHR);
  •  other, detailed implementing measures (including the so-called citizens' initiative, EU regulations concerning the delegated acts and monitoring the activities Eurojust and Europol),
  • Included in the project will be impact of so-called Greek crisis on continuation of  reform of the EU, especially in the area of EMU.

Project funded by the National Science Centre.