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The notion of civil service in Europe: establishing an analytical framework for comparative study
(2022)
The aim of this paper is to create an analytical framework for comparative study (FÖV project “The Transformation of the Civil Service in Europe”). It explores the scope and denotation of the terms “civil service” and “civil servant”. Its main argument is that a comparative legal ana-lysis should distinguish the notions of public service and civil service. Public service concerns a type of professional activity related to the exercise of all public power (legislative, executive and judicial). Civil servants are officials employed by the executive; they have special duties and responsibilities and are often subject to specific requirements. The employment regime is not decisive for the status of civil servant, due to the fact that government officials in Europe are employed both under public or private (labour) law. Nonetheless, they should enjoy stability of employment and exercise their competencies on a regular basis, not ad hoc.
Wolność wypowiedzi w Internecie: O roli mediów społecznościowych i pozytywnych obowiązkach państwa
(2022)
Modern online communication processes are characterized by the growing role of private entities (social media) and the emergence of numerous conflicts of a horizontal nature. This paper examines these issues from the standpoint of the ECtHR’s theory of positive obliga-tions. Consequently, it analyses the impact of new technologies on the freedom of expres-sion, the paradigm shift in communication, and the State’s positive obligations to prevent horizontal abuses. The article also analyses the existing and planned legal framework (national and EU). The main argument of this article is that public control over social media should be strengthened. Limiting their discretion to ensure adequate protection of rights and freedoms does not mean, however, the freedom of forum, understood as an unlimited right of access to the platform in order to express opinions.
The lecture explains the emergence of the new European Public Law against the backdrop of a constitutional crisis.
The article explains the current state of affairs concerning the freedom of press in Poland