Papers by Anna Chorążewska
Przegląd Prawa Konstytucyjnego
This paper focuses on analysing the relationship between intellectual property law and human righ... more This paper focuses on analysing the relationship between intellectual property law and human rights in point of view protecting the moral and material interests of the creators of intangible goods. The paper aims to determine whether the catalogue of human rights includes the subjective right of the creators of intangible goods to protect their personal and material rights to the fruits of their intellectual work and reconstruct the content of this right. The considerations are carried out from the background of the Polish and universal system of protecting human rights and the legal requirement to provide adequate protection to the creators of Science. The paper concludes that the catalogue of human rights includes the subjective right of the creators of intangible goods to protect their moral and material interests and reconstruct the content of that right.
The theme of this paper is the employee’s right to criticize his/her employer and its limits. The... more The theme of this paper is the employee’s right to criticize his/her employer and its limits. The author begins her considerations by presenting the constitutional sources of this right and describing constitutional freedom of expression of an individual and its limits. Then, the author defines the content and limits of an employee’s right to criticize the employer as consequences of the freedom of expression. The references for these considerations are regulations of the Constitution of The Republic of Poland from the year 1997, Article 10 of European Convention on Human Rights and Fundamental Freedoms, Article 19 of International Pact of Citizen and Political Rights, The Labour Code and their interpretations established by legal writings and judicial practice. The considerations lead to the conclusion that an employee has the right to criticize his/her employer. Nevertheless this right is limited. Permitted criticism of the employer must be consistent with the legal order in force...
In the context of the Polish constitution, the monograph analyses the framework of the freedom of... more In the context of the Polish constitution, the monograph analyses the framework of the freedom of engaging and conducting research (Art. 73). By formulating this freedom, the constitutional legislator at the same time sanctioned the principle of equal legal protection of the scholarly output of the researcher, and that regardless of the dissimilarity of the subject and the nature of research work in various departments of knowledge/scholarship (Art. 32 in reference to Art. 64 Para. 1 and 2). However, the realisation of the indicated constitutional maxim at the level of the act of law and implementing acts necessitates the diversification - due to the nature of scholarly research in various disciplines of scholarship - of the principles of legal protection of intellectual copyright. Meanwhile, the legislator does not address this problem directly. In order to elucidate the scholarly problem which was formulated in this manner, the first part of the work was devoted to an analysis of ...
The authors of the paper analyze current law solutions which delineate the limits of freedom of e... more The authors of the paper analyze current law solutions which delineate the limits of freedom of expression among members of legal professions of public trust. The starting point for this consideration are the constitutional regulations of freedom of expression of an individual and its limits. Then, the authors point to the specific social role of members of lawyers’ professional corporations, stressing that it determines the way of shaping the legal status of this kind occupation. The authors also note that one of the most important areas of legal regulations which determine the rules of practicing the legal professions is the guarantee of freedom of expression. This freedom is the fundament of independence of professional self‑government in law and at the same time the crucial condition to fulfill the social role in the legal professions. At the same time, it is preserving the freedom of an individual and his/her full constitutional rights to justice and fair trial
Gdańskie Studia Prawnicze, 2014
Przegląd Prawa Konstytucyjnego
The issue of work is the autonomy of academic education. Analyzing the factual and legal conditio... more The issue of work is the autonomy of academic education. Analyzing the factual and legal conditions for adopting the so-called Constitution for Science and applying Act 2.0. in the field of conducting studies leads to considering the presented issue. In this way, the work aims to determine whether legal rules of creating studies curricula, in force since the 2019/2020 academic year, provide universities with the necessary institutional autonomy and guarantee freedom of teaching. The work concludes that the adopted regulation adequately realizes the autonomy of academic education. The analyses show that the adopted solutions enough balance the requirement to protect the public interest and the need to respond to the needs of the socio-economic partners of higher education institutions. In this way, the quality of education is balanced with the need to introduce new curricular content into the programs of study, responding to the challenges of today’s university graduates.
Przegląd Prawa Konstytucyjnego
Przegląd Prawa Konstytucyjnego
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Papers by Anna Chorążewska