Instytut Nauk Prawnych

Big data have become a game-changer for modern public administration in those areas in which they are used. Although their application is still limited in the public sector, their use develops dynamically in areas where they bring tangible results in terms of efficiency and efficacy. This article presents the concept of big data, outlines the possibilities for using big data in the public sector and methods of their utilization, highlights cases where these have been implemented, along with the results. This article discusses applications of big data methods in public policy design and implementation and in public authority internal management. It includes a summary of the benefits, disadvantages and challenges related to utilization of big data. The article also briefly addresses historical, current and predictive approaches. Research was carried out using internet-based case analysis and is limited by the confidentiality of details relating to big data methods. Although the research has had to be limited to publicly available descriptions, the findings make it possible to understand the big data phenomenon in public administration and to draw general lessons from their use. Points for practitioners Big data is a contemporary phenomenon. Properly utilized it brings astonishingly positive outcomes for public administration in terms of its efficacy, efficiency, and overall client satisfaction. These benefits are a result of significant increase in the accuracy of decision-making, a significant acceleration of performance of internal the ‘information task’ and a significant reduction in operating costs related to the decision-making process. This is possible thanks to the digitization of human life and IT developments applied in a specific way for public administration – the way of big data methods where huge amounts of data are processed in a form of reasoning by powerful IT technology to present information that helps public administration to better perform its task.

Insulin resistance is a condition of reduced biological response to insulin. Growing evidence indicates the role of the chronic low-grade inflammatory response in the pathogenesis of insulin resistance. Adipose tissue in obesity is characterized by increased lipolysis with the excessive release of free fatty acids, and is also a source of proinflammatory cytokines. Both these factors may inhibit insulin action. Proinflammatory cytokines exert their effect by stimulating major inflammatory NFκB and JNK pathways within the cells. Inflammatory processes in other insulin responsive tissues may also play a role in inducing insulin resistance. This paper is an overview of the chronic low-grade inflammation in adipose tissue, skeletal muscle, liver and endothelial cells during the development of insulin resistance.

The comparatively low adoption rate of GMO products in the European Union (EU) market seems to be connected with the strictness of authorization regulations and inefficiency of the authorization process itself. These problems will apply to any product deemed to be a GMO that could potentially be marketable in the EU. Since modern methods of plant breeding involving oligonucleotide-directed mutagenesis (ODMs) or site-directed nucleases (SDNs), including Clustered Regularly Interspaced Short Palindromic Repeats (CRISPR), are becoming ever more popular, it is crucial to establish whether the products of such new breeding techniques (NBTs), in particular those which involve precise methods of mutagenesis, are exempted from the EU legislation on GMOs or not. Legal uncertainty as to their status may result in reluctance to invest in such methods and develop them further. Here, developments are presented in the legal classification of certain NBTs products in the context of recent decisions and jurisprudence. The socioeconomic aspects of GMO adoption in both global and European contexts are discussed. The legal and practical landscape of GMO regulation in the EU is presented and how it may pose an obstacle to investment and the development of new products. The latest jurisprudence (e.g., Case C-528/16) [1] on the interpretation of the legal concept of GMOs and the scope of the legislation are analyzed, with the conclusion that the strict regulations will probably also apply to products of the NBTs involving precise methods of mutagenesis. This in turn will probably result in the restriction of their application in the development of new plant varieties in the EU.

The article is a review of monograph "Property Damage and its Repairing" written by Professor Maciej Kaliński. The monograph is first in the Polish private law elaborated study on the issue of liability for damages. The author analyses mostly the Polish law, but refers also to Austrian, German and French laws. In particular the monograph discusses thoroughly the adequate causal relationship. In addition to that the monograph contains deliberations on factors determining the size of compensation.

CSR (Corporate Social Responsibility) is an important part of communication with stakeholders and a response to the need for non-fi nancial reports. Regrettably, the rules of non-fi nancial reporting are almost not regulated. CSR reports are drafted using a variety of principles and guidelines, which limits comparisons across enterprises, transparency and assessment of progress. The reasons for reporting non-fi nancial information cited in the specialist literature, and by enterprises preparing CSR reports are examined, and the benefi ts of standardising reports of nonfi nancial information are determined. The literature review and empirical research into the motivations for CSR reporting and the trends in reporting of non-fi nancial information helped to verify the initial hypotheses: 1. Communication with stakeholders is the fundamental reason for reporting non-fi nancial information. This is confi rmed by the literature review, with most authors believing this is the prime reason for preparing CSR reports. Authors indicating other motivations still treat it as the fundamental cause which exists jointly with other motivations. 2. The need to standardise CSR reporting to ensure its transparency and clarity is noted by reporting organisations. This is proven by surveys of organisations drafting CSR reports – approximately 80% of all reports follow the GRI guidelines. This means the reporting enterprises wish their reports to be clear, transparent and comparable and for their stakeholders to be able to fully satisfy their information requirements. This is also evidence of the care for good relations with stakeholders, who receive standardised data although this is not binding on enterprises. A growing tendency for CSR reporting to follow guidelines other than the GRI can be noted in the entire period under analysis. This will not necessarily be a single compulsory standard, yet a model report would need to be followed to assure transparency and comparability. The Regulations of the Directive 2014/95/EU are a step forward since they will help to standardise rules of reporting non-fi nancial information and will improve its transparency and utility.

Disappointment in crime prevention based on the etiological approach led to a closer analysis of the circumstances of the offence, its physical conditions, and the resulting motivations of the offender. Whatever his inborn or socially acquired criminal predispositions, object and opportunity are necessary for an offence to take place. Advocates of the situational approach in criminology argue that a potential offender generally does not act on an impulse: instead, he more or less consciously analyses the situation and decides to commit the offence at a given time and place and against a given target. This is the basic assumption of situational crime prevention. Situational crime prevention resolves itself into reduction or liquidation of the physical opportunity to commit an offence, and extension of the probability of apprehension of the offender. This can be done in three different ways. First, the guard over the target can be extended or intensified, or the potential offender can be made to believe that, while dwelling in a given place, he is under incessant surveillance by the police or other competent persons, or by the inhabitants or users of a given object or area. Second, the target can be made less open to crime: special circumstances make it less easily accessible (or completely inaccessible), and theft can no longer yield the expected profit to the offender. This procedure is called target hardening. Third, various organizational steps can be taken that change the environment of crime: new ciercumstances arise and situation in which an offence might take place is changed. The above three methods of situational crime prevention have different efficiency. Their actual efficiency depends on a variety of factors related to the methodology of the crime prevention program and to cultural conditions. As regards programs basied on increased surveillance, the most efficient are those which involve the local population who are allowed both passively to watch over their area of residence, and actively to participate in its protection. What is considered a particulary effective method of situational crime prevention is target hardening where access to the target is made difficult through a variety of physical obstacles. Not as obvious is the efficiency of another target hardening measure where valuable objects are marked so as to make it difficult for the offender to gain by his theft and to increase the probability of his apprehension. Such measures, called operation identification, prove highly efficient in some countries but are next to ineffective in others. Thee ffects here depend largely on the efficiency of the police. Whith a low detection rate of thefts, the marking of objects cannot possibly yield the expected results. It has been found in studies of offenders’ processes of deciding that their decision to commit an offencis based on the factors that condition, first, the physical opportunity (access to the object) nad second, the offender’s safety. The idea of situational crime prevention has many followers who stress the relative easiness of the application of the suggested methods and their efficiency. The opponents argue that,while it many perhaps contribute to preventing definite offences at a definite time and place, situational crime prevention does not actually prevent crime. What it leads to is displacement of crime. The offence is committed anyway but perhaps in another time or place, by other means, or against another target. Despite all the reservations concerning displacement of crime, it msot be stated that situational crime prevention often proves effective; what is more, it requires neither prolonged programs nor entangled methods of manipulating society. Admittedly the offender is not reformed; yet a definite offence is not committed in a definite place, and the target remains safe. This makes situational prevention as important an element of crime prevention programs as the generally recognized social methods.

Rapeseed is an essential crop which is used in many different areas as edible oil, biodiesel, lubricant, and feed. It is one of the most popular oil crops in Europe (63% of oilseeds production in 2017). The current study highlights the potential for further rapeseed development in European Union (EU), with special emphasis on Germany (19% of EU production) and Poland (12% of EU production). The study focused on three factors: cultivation area, volume of production and the numbers of Intellectual Property Rights (IPR), particularly patents granted for rapeseed or rapeseed-related inventions and plant variety rights. Possible further obstacles to development, such as current legal framework, were also taken under consideration. The analyzed statistical data shows that both the cultivation area, as well as the volume of production of rapeseed fluctuated in the last decade in both examined countries, while the numbers for European patent publications and Community Plant Variety Rights showed a rising trend, indicating investments in the Research and Development (R&D) of the crop. The data analysis seems to confirm a hypothesis that there is a potential for the development of rapeseed as a versatile, multi-use crop; however, the current EU GMO policies and a legal uncertainty as to the status of products of certain modern gene editing techniques may hamper making optimal use of this potential.

Persons with haemophilia should not feel limited in their ability to participate in sports. After consultation with a physician or other health-care provider and with a proper understanding of the risks involved and the strategies for managing these risks, patients with haemophilia can - and should - enjoy physical activities. We have analysed numerous reports of sports injury statistics and used them to rank a variety of sports according to their degree of injury risk. In addition, we have developed a brief orthopaedic examination and a five-item fitness check that evaluates the level of physical fitness of patients with haemophilia. Using these tools, we can appropriately recommend specific sports activities best suited for each patient. In addition, we recommend that patients who regularly participate in sports maintain adequate levels of clotting factor through the use of regular prophylaxis. With proper physical evaluation and preparation, patients with haemophilia can realize the physical and emotional benefits of participation in sports.

The so called refugee crisis in 2015 coincided with the Polish parliamentary electoral campaign. The effect of it was – for the first time in Poland – the introduction of migration policy to the political agenda of the right-wing and populist political parties on a massive scale. They presented migration as an issue of security – both national and cultural, direct and symbolic. The new government, acting since the end of 2015, included immigration and asylum issues into their political programme as a key element of national security. Their discourse about refugees is usually based on the differentiation: us and them. And “them” are pictured as evil, dangerous, Muslim terrorists. The new government and its authoritarian style of governing has introduced a number of initiatives designed to deprive individuals of immigrant rights (like in the new so-called Antiterrorist Act from the mid of 2016, based on which every foreign citizen could be put under surveillance without any court control) or to stop refugee influx on the Polish territory in any way – directly from their country of origin (new amendments to asylum law are trying to introduce border and accelerated procedures) or under the UE resettlement and relocation programme (Poland is one of 3 EU Member States – along Hungary and Austria – that hasn’t relocated anyone). In this paper I will present in more detail the legal changes described above, their consequences and the so-called rationalities presented by the government.

Local and regional governments play a special role in public life. They perform, on their own behalf and responsibility, certain tasks commissioned by the State by way of legal Acts. The objective of the local and regional governments' existence is to meet the collective requirements of their respective communities. Meeting the needs of residents also requires activities in the field of telecommunications, including support for the development of telecommunications services and networks. However, such development must be monitored. The role of local and regional governments, on the one hand, is to support this development, and, on the other, to protect the users of telecommunications services and networks from threats. Cybersecurity must therefore occupy the right place in the catalogue of local and regional governments' tasks; it cannot be marginalised, as cyberthreats are real, and can result in substantial damage that is not only virtual.

In a ruling on 25 July 2018, the Court of Justice of the European Union concluded that organisms obtained by means of techniques/methods of mutagenesis constitute GMOs in the sense of Directive 2001/18, and that organisms obtained by means of techniques/methods of directed mutagenesis are not excluded from the scope of the Directive. Following the ruling, there has been much debate about the possible wider implications of the ruling. In October 2019, the Council of the European Union requested the European Commission to submit, in light of the CJEU ruling, a study regarding the status of novel genomic techniques under Union Law. For the purpose of the study, the Commission initiated stakeholder consultations early in 2020. Those consultations focused on the technical status of novel genomic techniques. This article aims to contribute to the discussion on the legal status of organisms developed through novel genomic techniques, by offering some historical background to the negotiations on the European Union (EU) GMO Directives as well as a technical context to some of the terms in the Directive, and by analysing the ruling. The article advances that (i) the conclusion that organisms obtained by means of techniques/methods of mutagenesis constitute GMOs under the Directive means that the resulting organisms must comply with the GMO definition, ie the genetic material of the resulting organisms has been altered in a way that does not occur naturally by mating and/or natural recombination; (ii) the conclusion that organisms obtained by means of techniques/methods of directed mutagenesis were not intended to be excluded from the scope of the Directive is not inconsistent with the negotiation history of the Directive; (iii) whether an organism falls under the description of “obtained by means of techniques/methods of directed mutagenesis” depends on whether the genetic material of the resulting organisms has been altered in a way that does not occur naturally by mating and/or natural recombination. Finally, the article offers an analysis of the EU GMO definition, concluding that for an organism to be a GMO in the sense of the Directive, the technique used, as well as the genetic alterations of the resulting organism, must be considered.

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The topic of loss and damage in the context of climate change has gained increasing importance in the UNFCCC climate change talks in recent years. The Warsaw International Mechanism for Loss and Damage was established after two years of deliberations by the Conference of the Parties (COP) 19 in 2013. It is supposed to be the main vehicle under the United Nations Framework Convention on Climate Change (UNFCCC) to promote the implementation of approaches to address loss and damage associated with climate change impacts in developing countries that are particularly vulnerable to the adverse effects of climate change in a comprehensive integrated and coherent manner.

Abstract We show that for the United States and Australia consumers expect significantly lower inflation when the political party they support holds executive office. This finding cannot be explained by previously documented sources of heterogeneity in consumer inflation expectations. It is consistent with stereotypical thinking (Bordalo et al. 2016), pointing to the use of heuristics in the formation of macro‐economic beliefs. Our findings have implications for consumers' understanding of central bank independence and its connection with inflation stabilization.

Yttrium gallium garnet (YGG) submicrocrystals having 80 nm average diameters doped with Cr3+ (0.1–40%) were synthesized by the citrate method. Pure cubic garnets were obtained in wide range (0.1–15%) of dopant concentration. Chromium ions replace Ga3+ at the octahedral sites and experience an intermediate or weak crystal field, depending only on Cr3+ concentration. The weak crystal field is observed when the dopant concentration exceeds 3%. The origin of such behavior is discussed.

Abstract Referring to the theoretical reflection on securitization in the area of forced migration and applying Barak Kalir’s concept of Departheid, we investigate policies and practices deployed by the Polish authorities to deal with humanitarian migrants. In particular between 2015 and 2021, in the Polish context, humanitarian migrants were usually equated with ‘bogus’ asylum seekers, ‘undeserving’ of protection or even the right to apply for it. With the increasing presence of Belarusian and, more recently, Ukrainian asylum seekers in Poland, two completely different state attitudes towards asylum seekers reaching Poland’s borders became visible. People directly fleeing Belarus and Ukraine were seen as deserving protection and support, and faced no obstacles in entering Poland through its eastern border. At the same time, non-White people forced to leave Asian or African regions in crisis, attempting to cross the border and to enter Poland remained ‘unwanted’—to be deterred or deported, and thus illegalized at some stage of their mobility, usually already at the point of entrance. Based on the analysis of empirical data gathered between 2018 and 2021, we look for durable solutions for the latter category of migrants and investigate the reasons for the selectivity observed in the Polish practices towards asylum seekers. We conclude that the governmental approach perpetuated towards keeping humanitarian migrants away from Polish territory, especially in the post-2015 context, builds on xenophobic sentiments, making the concept of Departheid applicable to the realities of forced migration management in Poland.

Consumers are increasingly reaching for food which is safe for their health. This tendency may give rise to eating disorders defined as orthorexia nervosa. The prevalence of orthorexia in society ranges from 1% to 60% and is mainly related to lifestyle. Research conducted over the last 10 years shows that the number of people facing the risk of orthorexia is increasing. People with orthorexia pay special attention to the quality of food they eat, which leads to the elimination of certain products from their diet. Dietary restrictions are accompanied by stress, anxiety and self-aversion. The study seeks to systematize the knowledge of orthorexia in light of the latest publications concerning this disorder, providing a description of psychometric tools used to diagnose orthorexia. The diagnostic questionnaires available today, which are intended to assess the risk of orthorexia, have different psychometric values, which usually makes the disorder hard to assess on a global scale. The available research tools do not sufficiently identify the boundary between an excessive interest in healthy eating and lifestyle and areal disorder that affects everyday functioning.

Treatment with new and/or innovative drugs with uncertain safety and efficacy profile is associated with substantial ethical concerns. The main objective of this paper is to present guidance on the use of such drugs contained in: (i) major international codes and guidelines pertaining to medical ethics and biomedical research; (ii) national codes of medical ethics and professional conduct of the USA, Canada, Australia, New Zealand, the UK, Ireland, France and Germany. Out of the four international codes and guidelines analysed, only the Declaration of Helsinki addresses the question of the use of unproven drugs. Among national codes, only two (USA and New Zealand) explicitly allow for use of new or innovative drugs. Moreover, treatment with unproven drugs seems to be permissible under the French code, though this is not stated explicitly. The remaining codes do not contain any articles on the use of new and innovative drugs. An update of existing articles, as well as the addition of new guidelines to the codes, should be considered in view of the rapid pace of development and introduction to clinical practice of new drugs. This work is relevant to innovative off-label applications of approved drugs and expanded access to investigational drugs.

The public sphere which is the closest to the inhabitants is managed by the local government. The legislator entrusted this local government with a number of tasks that should certainly be defined as basic from the point of view of the local and regional communities. These tasks having the nature of a public interest include also tasks related to telecommunication. The local government units as entities financed to a large extent from the public funds could abuse their market position by competing with telecommunication companies, therefore, they were obliged by the legislator to comply with the rules of the market game, including fair competition. They cannot, therefore, abuse their position in the scope of telecommunication activities or in the case of developing telecommunication infrastructure or sharing it with others.

Judgment' of the Polish Constitutional Tribunal of 22 October 2020, K1/20 Aleksandra Gliszczyska-Grabias* and