The legal system and human and civil rights in the Republic of Poland

obligatory courses

This subject is to provide knowledge about the sources of law and the legal system of Poland but also the system of human and civil freedoms and rights in the context of their protection mechanisms. Students deepen and broaden their knowledge of the principle of the constitutional and rule of law, learn about the law-making procedures and the mechanisms of its application and protection of the rule of law. Based on various types of case studies, students will learn about the practical aspects of protecting human and civil rights and freedoms.

Classroom

This subject is to provide basic knowledge about the functioning of a citizen in a state of law, his rights and obligations, but also the rights and obligations of the state towards the citizen. In addition, the student will learn about the legal system, how it is created and operated, but also how the law is applied and respected, and what is justice and the rule of law. A significant part of the course will be devoted to the protection of fundamental rights (human rights) in international and national law. Selected issues related to specific human rights and freedoms (eg the right to life or the prohibition of discrimination) will be discussed.

Detailed description

1. The concept of law

a. What is the law and why do we need it?

b. Social order and visions of law

c. Concepts of positive and natural law

d. Functions of the law

e. Normative systems - moral and social norms versus other normative systems

f. Legal culture

2. System of law

a. Legal system, legal order and legal culture

b. System of statutory law

c. Case law system

d. Division of the law into branches

e. The principle of non-contradiction of norms and conflict of law rules

f. Completeness of the legal system and gaps in the law

3. Law making

a. Ways of creating the law

b. Sources of law

c. Changes in the law-making model (deliberative democracy and soft law)

4. Operation of the law (legal relations)

a. The concept of a legal relationship

b. Legal entities

c. Legal capacity and capacity to perform acts in law

d. Structure of the legal relationship

e. Types of legal relations (private and public law)

5. Compliance and application of the law and legal liability

a. Applying and creating and obeying the law

b. Knowledge of the law and its observance

c. Law enforcement authorities

d. Principles of legal liability and legal liability in criminal law

6. Justice and the rule of law

a. Fair means how - ideas of justice

b. What is the rule of law?

c. What are Rule of Law guarantees?

d. What is a democratic state ruled by law?

7. Human rights

a. Basic concepts

b. History of human rights - Europa v. USA

c. Generations of human rights

8. International protection of human rights

a. History of the international protection of human rights

b. The universal system (UN)

c. Regional system (CoE) - the meaning of the European Convention on Human Rights and the European Court of Human Rights

9. Human rights in the European Union

a. The Charter of Fundamental Rights of the EU

b. European Ombudsman

c. The EU Fundamental Rights Agency

10. Human rights in domestic law - regulations and institutions

a. Poland and the international system of human rights protection

b. The Constitution of the Republic of Poland

c. Constitutional Tribunal

d. Ombudsman

e. Control of human rights - the Constitutional Tribunal, courts and the so-called third sector

11. Human rights and freedoms - selected issues

a. Right to life

b. The prohibition of torture and inhuman or degrading treatment or punishment

c. The right to personal liberty and security

d. Right to a fair trial

e. Right to privacy

f. Right to freedom of speech

g. The right to freedom of conscience

h. No Discrimination. i

Krzysztof J. Kaleta, Artur Kotowski, Podstawy prawoznawstwa, Difini, Warszawa 2019.

Wojciech Góralczyk, Podstawy prawa i administracji, Wolters Kluwer 2019.

Tomasz Stawecki, Piotr Winczorek, Wstęp do prawoznastwa, Wydawnictwo C.H.Beck, Warszawa 2003.

Joanna Hołda, Zbigniew Hołda i in., Prawa człowieka. Zarys wykładu, Wolters Kluwer, Warszawa 2014

nowledge (S1P_W05; S1P_W07):

Has knowledge of the basic institutions of law and the role of law in the life of every human being.

He knows how the law is created and what their sources are.

He knows how the rule of law functions and how certain legal provisions function.

Understands the consequences of violating the law and knows which institutions are responsible for complying with the law.

Has knowledge of human rights and obligations.

Skills (S1P_U01):

He can comment on the basic principles of the rule of law.

He can find and use specific legal provisions, especially in the field of human rights.

He can express his opinion on the protection of fundamental rights.

Social competences (S1P_K06):

He understands the principles of the rule of law and can express his opinion on the need to comply with the law.

Is aware of the need for a guarantee of the law, including fundamental rights.

He is able to resolve dilemmas related to violation of the law, especially in the field of human rights.

Active participation in classes.

Preparation of written works (essays) on a topic chosen by the teacher.

Final test.

n/a