\r\n RESEARCH GRANTS<\/h3>\r\n
RESEARCH GRANTS<\/h3>\r\n <\/div>\r\n <\/div>\r\n <\/div>[\/vc_column][\/vc_row][vc_row][vc_column][vc_tta_tabs active_section=”1″][vc_tta_section title=”NCN Projects 2025″ tab_id=”1763470946703-f6bd671f-143a”]\r\n \r\n \r\n \r\n ![](\"https:\/\/us.edu.pl\/wydzial\/wpia\/wp-content\/uploads\/sites\/19\/Strona-glowna\/logo\/ncn_logo-poziom-scaled.jpg\")
<\/p>\n<\/div>\r\n <\/div>\r\n <\/div>\r\n
\r\n <\/h3>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Instruments of long-term shareholder engagement in listed companies - a comparative analysis<\/b>
\u2022 NCN PRELUDIUM 23 no.: 2024\/53\/N\/HS5\/00255
\u2022 Implementation period: January 24., 2025 - January 23., 2027
\u2022 Project manager: mgr Dominik Mizerski
\u2022 Budget: 74 055 PLN PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Ecological law of obligations - transformation of European private law from the perspective of Chinese civil code provisions<\/b>
\u2022 NCN PRELUDIUM 23 no.: 2024\/53\/N\/HS5\/03550
\u2022 Implementation period: January 27, 2025 - January 26., 2028
\u2022 Project manager: mgr Jakub Zwierzchowski
\u2022 Budget: 172 000 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Ecological law of obligations - transformation of European private law from the perspective of Chinese civil code provisions<\/b>
\u2022 NCN PRELUDIUM 23 no.: 2024\/53\/N\/HS5\/03550
\u2022 Implementation period: January 27, 2025 - January 26., 2028
\u2022 Project manager: mgr Jakub Zwierzchowski
\u2022 Budget: 172 000 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Taking plastic trees and bad sex seriously. New perspectives in the debate of liberalism versus legal moralism regarding coercive regulation <\/b>
\u2022 NCN OPUS 27nr: 2024\/53\/B\/HS5\/04354
\u2022 Implementation period: July 4, 2025 \u2013 July 3, 2028
\u2022 Project manager: dr Maciej Juzaszek
\u2022 Budget: 1 024 589 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Prelude to the Holocaust? Judicial Law and the Holocaust of Jews in the General Government <\/b>
\u2022 NCN OPUS 28 nr: 2024\/55\/B\/HS5\/00570
\u2022 Implementation period: October 1, 2025 \u2013 September 30, 2029
\u2022 Project manager: dr Konrad Graczyk, prof. U\u015a
\u2022 Budget: 611 446 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Export of dual-use products to conflict-affected areas. Between the duty and the standard of due diligence for businesses in European Union law <\/b>
\u2022 NCN Sonata 20 nr: 2024\/55\/D\/HS5\/02365
\u2022 Implementation period: November 26, 2025 \u2013 November 25, 2029
\u2022 Project manager: dr Dominika Iwan - Sojka
\u2022 Budget: 487 148 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Green Fashion - a Sustainable TCLF Sector through Patents and Innovations<\/b>
\u2022 NCN OPUS reg. no. 2025\/57\/B\/HS5\/04766
\u2022 Implementation period: February 2, 2026 - February 1, 2029
\u2022 Project manager: Dr. hab. Marlena Maria Jankowska-Augustyn, Prof. of the University of Silesia
\u2022 Budget: PLN 285,880\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Algorithmic Management and the Protection of Workers' Rights<\/b>
\u2022 NCN PRELUDIUM, registration no. 2025\/57\/N\/HS5\/01932
\u2022 Implementation period:
\u2022 Project manager: `M.A. Mi\u0142osz Bar\u0142\u00f3g
\u2022 Budget: PLN 166,042
\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Images of Unportrayed Relationships. A Socio-Legal Analysis of Romantic Relationships of People with Intellectual Disabilities<\/b>
\u2022 NCN OPUS, registration no. 2025\/57\/B\/HS5\/04655
\u2022 Implementation period: Februar 2, 2026 - Februar 1, 2026
\u2022 Project manager: Ph.D. Marlena Katarzyna Drapalska-Grochowicz
\u2022 Budget: PLN 456,265
\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n A New Paradigm for the Protection of Geographical Indications for Non-Agricultural Products in the EU: Comparative Legal Analysis and Proposal for a Control Model<\/b>
\u2022 NCN PRELUDIUM, registration no. 2025\/57\/N\/HS5\/00645
\u2022 Implementation period: January 28, 2026 - January 27, 2029
\u2022 Project manager: M.A. Wiktoria Sikorska
\u2022 Budget: PLN 175,537\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n <\/div> \r\n [\/vc_tta_section][vc_tta_section title=”NCN Projects 2024″ tab_id=”1689841379431-e511924e-3b95″]\r\n \r\n \r\n \r\n <\/p>\n<\/div>\r\n <\/div>\r\n <\/div>\r\n
\r\n <\/h3>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Conceptual metaphors in criminal mediation \u2013 the social workings of law<\/b>
\u2022 NCN PRELUDIUM no.: 2023\/49\/N\/HS5\/03297
\u2022 Implementation period: 1 February 2024 - 31 January 2027
\u2022 Principal investigator: Wojciech Leder, MSc
\u2022 Budget: 205 765 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Constitutional Zugzwang: Towards a theory of constitutional momentum change<\/b>
\u2022 NCN OPUS no.: 2023\/51\/B\/HS5\/01018
\u2022 Implementation period: October 1, 2024 \u2013 September 30, 2028
\u2022 Project manager: Dr. Mauro Arturo Rivera Le\u00f3n
\u2022 Budget: 1 852 143 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n The aim of the Zugzwang Project is to prove that some countries are falling into what the project calls a 'constitutional Zugzwang', i.e. a dynamic of frequent change that has negative systemic effects. Its purpose is to define, measure and quantify them. By means of a comparative analysis of the law, the Zugzwang Project will make a pre-selection of countries where a constitutional Zugzwang is likely to have occurred. This will create a national historical dataset of change so that episodes of acceleration can be identified by a set of relevant indicators, e.g. a compound annual growth rate or a time-series analysis technique.\r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n The use of procedural coercive measures against persons with mental disorders in Polish criminal proceedings in the light of EU and international law standards<\/b>
\u2022 NCN PRELUDIUM no.: 2023\/49\/N\/HS5\/02863
\u2022 Implementation period: July 10. 2024 - July 9. 2027
\u2022 Project manager: Marcin Burdzik, PhD
\u2022 Budget: 145 991 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n The aim of the research project is to solve the problem of the use of coercive measures provided for in the Act 6.06.1997 \u2013 Code of Criminal Procedure (Journal of Laws of 2022, item 1375) against persons with mental disorders, in the context of international and EU standards of human rights protection, and to assess the adequacy of the guarantee mechanisms provided therein. Due to the interdisciplinary, legal and medical nature of the issue, research is carried out simultaneously in four areas: medical, international law, EU law and national law. The aim of the research conducted in the first area is to identify legally significant symptoms of individual mental disorders, i.e. symptoms that may be relevant in the context of the use of coercive measures. At this stage, the achievements of medical sciences in the field of psychiatry and the leading classifications of diseases (ICD-11, ICD-10, DSM-5) will be taken into account.\nIn the next stages, international, EU and national regulations will be analyzed, respectively, along with the achievements of doctrine and jurisprudence. The aim of these activities is to identify guarantee mechanisms that may be used to protect the rights of persons with mental disorders against whom coercive measures are applied. The implementation of the project will lead to a holistic analysis of the presented issue. Its effect will be a review of the provisions regulating the use of coercive measures in the Polish criminal process and an assessment of the adequacy of the guarantee mechanisms provided in this respect. The identification of national guarantee mechanisms will allow for their subsequent assessment in the context of solutions provided for in international and EU law. Finally, the findings in all four areas will help identify legal solutions that, due to their inadequacy, threaten the rights of persons with mental disorders against whom coercive measures are applied. The results of ...\n\r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Judicial actualization of the meaning of a legal text in changing circumstances. Comparative law approach<\/b>
\u2022 NCN SONATA no.: 2023\/51\/D\/HS5\/00316
\u2022 Implementation period: October 1. 2024-September 30. 2027
\u2022 Project manager: Paulina Konca, PhD
\u2022 Budget: 647 874 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n The project has two main objectives. The first is to determine and compare how the courts of selected countries update the meaning of legal provisions, i.e. adapt their content to changing circumstances. The research will be of a comparative legal nature. Three countries will be compared: Poland, Spain and Ireland. The second objective is to determine the consequences of formulating update directives with such and not other content and in such and not another form (provisions or established jurisprudence practice - the solutions adopted in the analysed countries regarding the updating rules have different status):\nFirst of all, how does the judicial actualization of the meaning affect the position of the legislator and the courts in the light of the principle of the separation of powers and what impact does it have on the implementation of the principle of legal certainty. The research will consist of an analysis of the legislation and case law of selected countries and relevant literature. The draft may significantly deepen the understanding of the functioning of the principles of updating in the conditions of their formal codification or free shaping by judicial practice, and constitute an important contribution to the discussion on the role of the judge in a democratic state ruled by law and the ways and limitations of implementing such values as legal certainty.\n\r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Foundations. Sources, genesis and assessment of the sustainability of the work of the Codification Commission of the Republic of Poland<\/b>
\u2022 NCN OPUS no.: 2023\/51\/B\/HS5\/01933
\u2022 Implementation period: July 18, 2024-July 17, 2027
\u2022 Project manager: dr Grzegorz Nancka
\u2022 Budget: 291 592 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n The aim of this project is to determine whether the work of the Codification Commission of the Republic of Poland from the years 1919-1939 can be treated as the foundation of contemporary Polish basic civil concepts. The research covers those branches of law that were not codified in interwar Poland, i.e. the general part of civil law, property law, inheritance law and family law (including matrimonial law). The source basis for the research are unique, hitherto unknown sources on the history of the codification of law in interwar Poland, including the products of the Commission's activities, found in the\nduring preliminary examinations. Thanks to this, the research opens up a previously non-existent perspective on the comparison of materials from the codification of law in interwar Poland with the decrees coming into force immediately after World War II and later the Civil Code of 1964 and the Family and Guardianship Code of 1964. There are several reasons for the need to undertake tests in the indicated scope. The implementation of the project will contribute to filling a significant gap in knowledge about the Commission's activities in the scope indicated in this project. This issue has not yet been studied globally, and the project itself will enable discussion on this topic not only on the national, but also on a broad, international level.\n\r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Environmental Impact Assessments in Poland and the Czech Republic. A comparative legal study<\/b>
\u2022 NCN MINIATURA 8 no.: 2024\/08\/X\/HS5\/00709
\u2022 Implementation period: October 11, 2024-October 10, 2027
\u2022 Project manager: dr Filip Nawrot
\u2022 Budget: 13 218 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Taking plastic trees and bad sex seriously. Fresh insights into the liberal vs. legal moralism debate over coercive regulation<\/b>
\u2022 NCN OPUS no.: 2024\/53\/B\/HS5\/04354
\u2022 Implementation period:
\u2022 Project manager: dr Maciej Juzaszek
\u2022 Budget: 1 024 589 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Carbon farming model - a comparative study<\/b>
\u2022 NCN MINIATURA 8 no.: 2024\/08\/X\/HS5\/01569
\u2022 Implementation period: December 10. 2024 - December 9. 2025
\u2022 Project manager: dr Monika \u0141ata
\u2022 Budget: 25 021 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Instruments of long-term shareholder engagement in listed companies - a comparative analysis<\/b>
\u2022 NCN PRELUDIUM 23 no.: 2024\/53\/N\/HS5\/00255
\u2022 Implementation period: January 24., 2025 - January 23., 2027
\u2022 Project manager: mgr Dominik Mizerski
\u2022 Budget: 74 055 PLN PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Ecological law of obligations - transformation of European private law from the perspective of Chinese civil code provisions<\/b>
\u2022 NCN PRELUDIUM 23 no.: 2024\/53\/N\/HS5\/03550
\u2022 Implementation period: January 27, 2025 - January 26., 2028
\u2022 Project manager: mgr Jakub Zwierzchowski
\u2022 Budget: 172 000 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n <\/div> \r\n [\/vc_tta_section][vc_tta_section title=”NCN Projects 2023″ tab_id=”1720095342289-c33acf51-6f65″]\r\n \r\n \r\n \r\n <\/p>\n<\/div>\r\n <\/div>\r\n <\/div>\r\n
\r\n <\/h3>\r\n \r\n \r\n \r\n \r\n \r\n \r\n The language rights protection standard for beneficiaries of international protection in Europe: A new legal approach to harmonize integration<\/b>
\u2022 NCN Prelude no.: 2022\/45\/N\/HS5\/00961
\u2022 Implementation period: January 15, 2023 \u2013 January 24, 2026
\u2022 Project manager: mgr Illia Klinytskyi
\u2022 Project supervisor: Prof. Maria Coady
\u2022 Nature of the project: promoter research project
\u2022 Budget: 141 405 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n For over a decade, most European Union countries have been at the epicentre of migration processes. Only the current armed conflict between Russia and Ukraine, according to UNHCR forecasts, will cause an influx of refugees to Poland, i.e. at least 4,300,000 by the end of 2022. Considering the dynamics of these phenomena, still in October 2020, the European Commission proposed a new pact on migration and asylum, proposing new and improved EU asylum and migration system procedures. The dynamics of these events show vividly that problems that seemed to have already been solved have returned with redoubled force. In particular, the protection of the linguistic rights of immigrants who enjoy the status of beneficiaries of international protection (BIP) comes to the fore. This issue has not yet received a systematic approach and elaboration. The protection of language rights is generally considered from the perspective of minority rights. The current policy on minority and regional languages in Europe is limited to the indigenous citizens of particular states and therefore does not cover foreigners who do not have the nationality of the country of permanent residence or who do not have the status of a national minority. Consequently, the personal and collective needs of BIP in the context of their language rights are not recognised. The research project will fill this gap. The planned research aims to create a standard for the protection of BIP's language rights based on global, regional and national regulatory frameworks by answering four fundamental questions: 1. How is the understanding of the minimum of language rights presented in the literature on the subject? 2. What international and regional norms should be considered as the necessary minimum for language rights of BIP on a regional, state and EU basis? 3. To what extent does the status of national minorities match the status of BIP in their possibility to use preferred languages in the public sphere? 4. What legal instruments are designed or should be implemented to protect that minimum for BIP? The primary function of human rights is the pervasive protection of the fundamental rights of all people. However, the lack of a standard of protection for the language rights of the individual contributes to a failure to respect the cultural and linguistic distinctiveness of BIP in the procedures applied to them. As a result, integration processes often lead to unequal treatment of BIP. European countries do not apply a single, common standard for guaranteeing language rights. Often, immigration policy is not based on the gradual and harmonious integration of BIP but on the assumption of their full assimilation into the host country. This is a discriminatory approach toward BIP. It fails to take any account of the communication and cultural needs of BIP. For example, in the educational systems of countries such as Poland or Latvia, a child must obtain a positive mark in the state language to be promoted to the next grade; these regulations do not consider the lack of previous experience in the chosen language. State language examinations according to rules that do not take into account previous linguistic experience are compulsory under most state educational quality assessment systems, which can pose a severe problem for BIP children. The requirement of knowledge of the state's language can also be a discriminatory factor in hiring or in administrative proceedings. All this makes the establishment of a minimum of language rights at the transnational level a necessary condition for granting adequate protection to the communicative and cultural needs of BIP for their language rights. The research project aims to set a standard of language rights protection for beneficiaries of international protection in Europe and formulate a new legal approach to the problem of harmonisation of BIP integration into the host society. The point of reference for the considerations will be the existing legal regulations concerning language rights at the level of the universal system of human rights (UN), supranational multilateral regulations, including the law of the EU and the Council of Europe, as well as the case-law of the European Court of Human Rights, the Human Rights Committee and the Court of Justice. The legal regulations in force in Europe and in the EU law will be compared with the federal legislation and the national migration policy of the United States of America. The solutions adopted in this country, both in the sphere of legal solutions and the policy towards immigrants, will be treated as exemplary due to the long-standing experience of integration processes and the application of anti-discrimination practices, as well as various possible variants of solutions in the national policy regulating language rights. As a result, the effectiveness of the current system for the protection of the linguistic rights of BIP will be established, as well as the current needs of this social group concerning language guarantees, to be able to formulate possible future legal solutions (i.e. de lege feredna proposals). The planned outcome of the project will be the creation of a model for the protection of the linguistic rights necessary (minimum) for the use of language in the public sphere and the definition of indicators allowing for a transparent assessment of the degree of protection in order to demonstrate that the required standard of linguistic guarantees is met. In this way, the research project also contributes, from a language rights perspective to the critical international debate on migrants' rights to fill existing legislative gaps in this area in both international and national law.\r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Special legislation from the perspective of legal theory and philosophy of law<\/b>
\u2022 NCN Prelude no.: 2022\/45\/B\/HS5\/00919
\u2022 Implementation period: January 16, 2023 \u2013 January 15, 2026
\u2022 Project manager: Dr. Mateusz Zeifert
\u2022 Nature of the project: promoter research project
\u2022 Budget: 269 088 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n The purpose of the project: The objective of the research is to obtain scientific knowledge about the phenomenon known as \u201cspecial legislation\u201d (in Polish \u2018specustawy\u2019) and to discuss it from the perspective of legal theory and philosophy of law. This is aimed at expanding the discussion about special legislation on the international level. The project will establish the methodological and conceptual foundations for future comparative research. In particular, the following questions should be answered: 1) What statutes are referred to as \"special legislation\"? 2) What is \u201cspecial\u201d about those statutes? 3) Does the application of special legislation by courts differ from the application of ordinary statutes? 4) What are the benefits and risks of enacting special legislation? 5) How similar challenges are dealt with in other Western legal systems? 2. Planned research: The project will consist of six main stages: 1) the study of the use of the term \u201cspecial legislation\u201d (\u201cspecustawa\u201d) and related terms; 2) the analysis of legislative acts considered as special legislation; 3) the attempt to formulate a definition of the concept of special legislation and delineate its scope from other related phenomena; 4) the analysis of the application of special legislation by courts; 5) the critical analysis of special legislation in light of legal-theoretical, constitutional and legalphilosophical concepts and values; 6) the comparison between Polish special legislation (\u201cspecustawy\u201d) and similar concepts known in other legal systems. 3. Justification for the selection of the research topic: Special legislation (also: \u201cexceptional legislation\u201d, \"incidental legislation\", etc.) has been a permanent element of the Polish legal order since the beginning of the 21st century, although the rules for its creation have not been specified in any legal act, and the regulations contained therein often raise fundamental reservations on the part of legal theorists and legal practitioners. It has been playing an increasingly important role in recent years. As indicated in the literature, in some areas of law, incidental legislation has become the rule, and ordinary legislation has become the exception. At the same time, so far the research on the phenomenon of special legislation has been conducted mainly within the specific disciplines of jurisprudence (administrative law, constitutional law, etc.). There are no general or comparative studies, and in particular, there is no legal-theoretical and legal-philosophical reflection about incidental legislation. A legal definition of the concept of special legislation has not been developed. There is the lack of more extensive research into its application and interpretation. No recommendations were formulated regarding its creation, both in terms of the political process and legislative technique. In this state of affair, the proposed research fills a very important gap in Polish and global jurisprudence, and its results may, in the longer term, inspire changes in the creation and application of law.\r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Legal instruments for air protection in Poland and the Czech Republic. Comparative Law Study <\/b>
\u2022 NCN Miniatura nr: 2023\/07\/X\/HS5\/00424
\u2022 >\u2022 Implementation period: 5 September 2023 \u2013 4 September 2024
\u2022 Project manager: dr Ewa Radecka
\u2022 Budget: 19 267 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n Taking up this research topic results from the necessity of a broader study of this matter, along with a juxtaposition of Polish and foreign (Czech) solutions. The reference to the Czech legal system stems from its geographical proximity (proximity to Poland), similar problems (post-communist state) and membership in the EU. Despite these obvious similarities, the two countries deal with air protection in completely different ways. According to reports from the European Environment Agency, the Czech Republic has better air quality than Poland (https:\/\/www.eea.europa.eu\/themes\/air\/country-fact-sheets\/2022-country-fact-sheets\/czechia-air-pollution-country). The analysis within the project will allow to determine how Poland and the Czech Republic have normalized this topic, which will be the starting point for a comparative study, which is particularly needed in order to develop an appropriate (i.e. effective and protective) model of air protection in Poland. This, in turn, will give an opportunity to answer the question whether it is expedient and possible to adapt some of the solutions known in the foreign legal system to the Polish legislation and whether this could contribute to the development of effective and efficient Polish legislation in the field of air protection, i.e. effectively protecting both this component of the environment and fauna, flora, as well as human health and life.\r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n
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<\/h3>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Instruments of long-term shareholder engagement in listed companies - a comparative analysis<\/b>
\u2022 NCN PRELUDIUM 23 no.: 2024\/53\/N\/HS5\/00255
\u2022 Implementation period: January 24., 2025 - January 23., 2027
\u2022 Project manager: mgr Dominik Mizerski
\u2022 Budget: 74 055 PLN PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Ecological law of obligations - transformation of European private law from the perspective of Chinese civil code provisions<\/b>
\u2022 NCN PRELUDIUM 23 no.: 2024\/53\/N\/HS5\/03550
\u2022 Implementation period: January 27, 2025 - January 26., 2028
\u2022 Project manager: mgr Jakub Zwierzchowski
\u2022 Budget: 172 000 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Ecological law of obligations - transformation of European private law from the perspective of Chinese civil code provisions<\/b>
\u2022 NCN PRELUDIUM 23 no.: 2024\/53\/N\/HS5\/03550
\u2022 Implementation period: January 27, 2025 - January 26., 2028
\u2022 Project manager: mgr Jakub Zwierzchowski
\u2022 Budget: 172 000 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Taking plastic trees and bad sex seriously. New perspectives in the debate of liberalism versus legal moralism regarding coercive regulation <\/b>
\u2022 NCN OPUS 27nr: 2024\/53\/B\/HS5\/04354
\u2022 Implementation period: July 4, 2025 \u2013 July 3, 2028
\u2022 Project manager: dr Maciej Juzaszek
\u2022 Budget: 1 024 589 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Prelude to the Holocaust? Judicial Law and the Holocaust of Jews in the General Government <\/b>
\u2022 NCN OPUS 28 nr: 2024\/55\/B\/HS5\/00570
\u2022 Implementation period: October 1, 2025 \u2013 September 30, 2029
\u2022 Project manager: dr Konrad Graczyk, prof. U\u015a
\u2022 Budget: 611 446 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Export of dual-use products to conflict-affected areas. Between the duty and the standard of due diligence for businesses in European Union law <\/b>
\u2022 NCN Sonata 20 nr: 2024\/55\/D\/HS5\/02365
\u2022 Implementation period: November 26, 2025 \u2013 November 25, 2029
\u2022 Project manager: dr Dominika Iwan - Sojka
\u2022 Budget: 487 148 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Green Fashion - a Sustainable TCLF Sector through Patents and Innovations<\/b>
\u2022 NCN OPUS reg. no. 2025\/57\/B\/HS5\/04766
\u2022 Implementation period: February 2, 2026 - February 1, 2029
\u2022 Project manager: Dr. hab. Marlena Maria Jankowska-Augustyn, Prof. of the University of Silesia
\u2022 Budget: PLN 285,880\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Algorithmic Management and the Protection of Workers' Rights<\/b>
\u2022 NCN PRELUDIUM, registration no. 2025\/57\/N\/HS5\/01932
\u2022 Implementation period:
\u2022 Project manager: `M.A. Mi\u0142osz Bar\u0142\u00f3g
\u2022 Budget: PLN 166,042
\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Images of Unportrayed Relationships. A Socio-Legal Analysis of Romantic Relationships of People with Intellectual Disabilities<\/b>
\u2022 NCN OPUS, registration no. 2025\/57\/B\/HS5\/04655
\u2022 Implementation period: Februar 2, 2026 - Februar 1, 2026
\u2022 Project manager: Ph.D. Marlena Katarzyna Drapalska-Grochowicz
\u2022 Budget: PLN 456,265
\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n A New Paradigm for the Protection of Geographical Indications for Non-Agricultural Products in the EU: Comparative Legal Analysis and Proposal for a Control Model<\/b>
\u2022 NCN PRELUDIUM, registration no. 2025\/57\/N\/HS5\/00645
\u2022 Implementation period: January 28, 2026 - January 27, 2029
\u2022 Project manager: M.A. Wiktoria Sikorska
\u2022 Budget: PLN 175,537\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n <\/div> \r\n [\/vc_tta_section][vc_tta_section title=”NCN Projects 2024″ tab_id=”1689841379431-e511924e-3b95″]\r\n \r\n \r\n \r\n <\/p>\n<\/div>\r\n <\/div>\r\n <\/div>\r\n
\r\n <\/h3>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Conceptual metaphors in criminal mediation \u2013 the social workings of law<\/b>
\u2022 NCN PRELUDIUM no.: 2023\/49\/N\/HS5\/03297
\u2022 Implementation period: 1 February 2024 - 31 January 2027
\u2022 Principal investigator: Wojciech Leder, MSc
\u2022 Budget: 205 765 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Constitutional Zugzwang: Towards a theory of constitutional momentum change<\/b>
\u2022 NCN OPUS no.: 2023\/51\/B\/HS5\/01018
\u2022 Implementation period: October 1, 2024 \u2013 September 30, 2028
\u2022 Project manager: Dr. Mauro Arturo Rivera Le\u00f3n
\u2022 Budget: 1 852 143 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n The aim of the Zugzwang Project is to prove that some countries are falling into what the project calls a 'constitutional Zugzwang', i.e. a dynamic of frequent change that has negative systemic effects. Its purpose is to define, measure and quantify them. By means of a comparative analysis of the law, the Zugzwang Project will make a pre-selection of countries where a constitutional Zugzwang is likely to have occurred. This will create a national historical dataset of change so that episodes of acceleration can be identified by a set of relevant indicators, e.g. a compound annual growth rate or a time-series analysis technique.\r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n The use of procedural coercive measures against persons with mental disorders in Polish criminal proceedings in the light of EU and international law standards<\/b>
\u2022 NCN PRELUDIUM no.: 2023\/49\/N\/HS5\/02863
\u2022 Implementation period: July 10. 2024 - July 9. 2027
\u2022 Project manager: Marcin Burdzik, PhD
\u2022 Budget: 145 991 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n The aim of the research project is to solve the problem of the use of coercive measures provided for in the Act 6.06.1997 \u2013 Code of Criminal Procedure (Journal of Laws of 2022, item 1375) against persons with mental disorders, in the context of international and EU standards of human rights protection, and to assess the adequacy of the guarantee mechanisms provided therein. Due to the interdisciplinary, legal and medical nature of the issue, research is carried out simultaneously in four areas: medical, international law, EU law and national law. The aim of the research conducted in the first area is to identify legally significant symptoms of individual mental disorders, i.e. symptoms that may be relevant in the context of the use of coercive measures. At this stage, the achievements of medical sciences in the field of psychiatry and the leading classifications of diseases (ICD-11, ICD-10, DSM-5) will be taken into account.\nIn the next stages, international, EU and national regulations will be analyzed, respectively, along with the achievements of doctrine and jurisprudence. The aim of these activities is to identify guarantee mechanisms that may be used to protect the rights of persons with mental disorders against whom coercive measures are applied. The implementation of the project will lead to a holistic analysis of the presented issue. Its effect will be a review of the provisions regulating the use of coercive measures in the Polish criminal process and an assessment of the adequacy of the guarantee mechanisms provided in this respect. The identification of national guarantee mechanisms will allow for their subsequent assessment in the context of solutions provided for in international and EU law. Finally, the findings in all four areas will help identify legal solutions that, due to their inadequacy, threaten the rights of persons with mental disorders against whom coercive measures are applied. The results of ...\n\r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Judicial actualization of the meaning of a legal text in changing circumstances. Comparative law approach<\/b>
\u2022 NCN SONATA no.: 2023\/51\/D\/HS5\/00316
\u2022 Implementation period: October 1. 2024-September 30. 2027
\u2022 Project manager: Paulina Konca, PhD
\u2022 Budget: 647 874 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n The project has two main objectives. The first is to determine and compare how the courts of selected countries update the meaning of legal provisions, i.e. adapt their content to changing circumstances. The research will be of a comparative legal nature. Three countries will be compared: Poland, Spain and Ireland. The second objective is to determine the consequences of formulating update directives with such and not other content and in such and not another form (provisions or established jurisprudence practice - the solutions adopted in the analysed countries regarding the updating rules have different status):\nFirst of all, how does the judicial actualization of the meaning affect the position of the legislator and the courts in the light of the principle of the separation of powers and what impact does it have on the implementation of the principle of legal certainty. The research will consist of an analysis of the legislation and case law of selected countries and relevant literature. The draft may significantly deepen the understanding of the functioning of the principles of updating in the conditions of their formal codification or free shaping by judicial practice, and constitute an important contribution to the discussion on the role of the judge in a democratic state ruled by law and the ways and limitations of implementing such values as legal certainty.\n\r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Foundations. Sources, genesis and assessment of the sustainability of the work of the Codification Commission of the Republic of Poland<\/b>
\u2022 NCN OPUS no.: 2023\/51\/B\/HS5\/01933
\u2022 Implementation period: July 18, 2024-July 17, 2027
\u2022 Project manager: dr Grzegorz Nancka
\u2022 Budget: 291 592 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n The aim of this project is to determine whether the work of the Codification Commission of the Republic of Poland from the years 1919-1939 can be treated as the foundation of contemporary Polish basic civil concepts. The research covers those branches of law that were not codified in interwar Poland, i.e. the general part of civil law, property law, inheritance law and family law (including matrimonial law). The source basis for the research are unique, hitherto unknown sources on the history of the codification of law in interwar Poland, including the products of the Commission's activities, found in the\nduring preliminary examinations. Thanks to this, the research opens up a previously non-existent perspective on the comparison of materials from the codification of law in interwar Poland with the decrees coming into force immediately after World War II and later the Civil Code of 1964 and the Family and Guardianship Code of 1964. There are several reasons for the need to undertake tests in the indicated scope. The implementation of the project will contribute to filling a significant gap in knowledge about the Commission's activities in the scope indicated in this project. This issue has not yet been studied globally, and the project itself will enable discussion on this topic not only on the national, but also on a broad, international level.\n\r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Environmental Impact Assessments in Poland and the Czech Republic. A comparative legal study<\/b>
\u2022 NCN MINIATURA 8 no.: 2024\/08\/X\/HS5\/00709
\u2022 Implementation period: October 11, 2024-October 10, 2027
\u2022 Project manager: dr Filip Nawrot
\u2022 Budget: 13 218 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Taking plastic trees and bad sex seriously. Fresh insights into the liberal vs. legal moralism debate over coercive regulation<\/b>
\u2022 NCN OPUS no.: 2024\/53\/B\/HS5\/04354
\u2022 Implementation period:
\u2022 Project manager: dr Maciej Juzaszek
\u2022 Budget: 1 024 589 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Carbon farming model - a comparative study<\/b>
\u2022 NCN MINIATURA 8 no.: 2024\/08\/X\/HS5\/01569
\u2022 Implementation period: December 10. 2024 - December 9. 2025
\u2022 Project manager: dr Monika \u0141ata
\u2022 Budget: 25 021 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Instruments of long-term shareholder engagement in listed companies - a comparative analysis<\/b>
\u2022 NCN PRELUDIUM 23 no.: 2024\/53\/N\/HS5\/00255
\u2022 Implementation period: January 24., 2025 - January 23., 2027
\u2022 Project manager: mgr Dominik Mizerski
\u2022 Budget: 74 055 PLN PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Ecological law of obligations - transformation of European private law from the perspective of Chinese civil code provisions<\/b>
\u2022 NCN PRELUDIUM 23 no.: 2024\/53\/N\/HS5\/03550
\u2022 Implementation period: January 27, 2025 - January 26., 2028
\u2022 Project manager: mgr Jakub Zwierzchowski
\u2022 Budget: 172 000 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n <\/div> \r\n [\/vc_tta_section][vc_tta_section title=”NCN Projects 2023″ tab_id=”1720095342289-c33acf51-6f65″]\r\n \r\n \r\n \r\n <\/p>\n<\/div>\r\n <\/div>\r\n <\/div>\r\n
\r\n <\/h3>\r\n \r\n \r\n \r\n \r\n \r\n \r\n The language rights protection standard for beneficiaries of international protection in Europe: A new legal approach to harmonize integration<\/b>
\u2022 NCN Prelude no.: 2022\/45\/N\/HS5\/00961
\u2022 Implementation period: January 15, 2023 \u2013 January 24, 2026
\u2022 Project manager: mgr Illia Klinytskyi
\u2022 Project supervisor: Prof. Maria Coady
\u2022 Nature of the project: promoter research project
\u2022 Budget: 141 405 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n For over a decade, most European Union countries have been at the epicentre of migration processes. Only the current armed conflict between Russia and Ukraine, according to UNHCR forecasts, will cause an influx of refugees to Poland, i.e. at least 4,300,000 by the end of 2022. Considering the dynamics of these phenomena, still in October 2020, the European Commission proposed a new pact on migration and asylum, proposing new and improved EU asylum and migration system procedures. The dynamics of these events show vividly that problems that seemed to have already been solved have returned with redoubled force. In particular, the protection of the linguistic rights of immigrants who enjoy the status of beneficiaries of international protection (BIP) comes to the fore. This issue has not yet received a systematic approach and elaboration. The protection of language rights is generally considered from the perspective of minority rights. The current policy on minority and regional languages in Europe is limited to the indigenous citizens of particular states and therefore does not cover foreigners who do not have the nationality of the country of permanent residence or who do not have the status of a national minority. Consequently, the personal and collective needs of BIP in the context of their language rights are not recognised. The research project will fill this gap. The planned research aims to create a standard for the protection of BIP's language rights based on global, regional and national regulatory frameworks by answering four fundamental questions: 1. How is the understanding of the minimum of language rights presented in the literature on the subject? 2. What international and regional norms should be considered as the necessary minimum for language rights of BIP on a regional, state and EU basis? 3. To what extent does the status of national minorities match the status of BIP in their possibility to use preferred languages in the public sphere? 4. What legal instruments are designed or should be implemented to protect that minimum for BIP? The primary function of human rights is the pervasive protection of the fundamental rights of all people. However, the lack of a standard of protection for the language rights of the individual contributes to a failure to respect the cultural and linguistic distinctiveness of BIP in the procedures applied to them. As a result, integration processes often lead to unequal treatment of BIP. European countries do not apply a single, common standard for guaranteeing language rights. Often, immigration policy is not based on the gradual and harmonious integration of BIP but on the assumption of their full assimilation into the host country. This is a discriminatory approach toward BIP. It fails to take any account of the communication and cultural needs of BIP. For example, in the educational systems of countries such as Poland or Latvia, a child must obtain a positive mark in the state language to be promoted to the next grade; these regulations do not consider the lack of previous experience in the chosen language. State language examinations according to rules that do not take into account previous linguistic experience are compulsory under most state educational quality assessment systems, which can pose a severe problem for BIP children. The requirement of knowledge of the state's language can also be a discriminatory factor in hiring or in administrative proceedings. All this makes the establishment of a minimum of language rights at the transnational level a necessary condition for granting adequate protection to the communicative and cultural needs of BIP for their language rights. The research project aims to set a standard of language rights protection for beneficiaries of international protection in Europe and formulate a new legal approach to the problem of harmonisation of BIP integration into the host society. The point of reference for the considerations will be the existing legal regulations concerning language rights at the level of the universal system of human rights (UN), supranational multilateral regulations, including the law of the EU and the Council of Europe, as well as the case-law of the European Court of Human Rights, the Human Rights Committee and the Court of Justice. The legal regulations in force in Europe and in the EU law will be compared with the federal legislation and the national migration policy of the United States of America. The solutions adopted in this country, both in the sphere of legal solutions and the policy towards immigrants, will be treated as exemplary due to the long-standing experience of integration processes and the application of anti-discrimination practices, as well as various possible variants of solutions in the national policy regulating language rights. As a result, the effectiveness of the current system for the protection of the linguistic rights of BIP will be established, as well as the current needs of this social group concerning language guarantees, to be able to formulate possible future legal solutions (i.e. de lege feredna proposals). The planned outcome of the project will be the creation of a model for the protection of the linguistic rights necessary (minimum) for the use of language in the public sphere and the definition of indicators allowing for a transparent assessment of the degree of protection in order to demonstrate that the required standard of linguistic guarantees is met. In this way, the research project also contributes, from a language rights perspective to the critical international debate on migrants' rights to fill existing legislative gaps in this area in both international and national law.\r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Special legislation from the perspective of legal theory and philosophy of law<\/b>
\u2022 NCN Prelude no.: 2022\/45\/B\/HS5\/00919
\u2022 Implementation period: January 16, 2023 \u2013 January 15, 2026
\u2022 Project manager: Dr. Mateusz Zeifert
\u2022 Nature of the project: promoter research project
\u2022 Budget: 269 088 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n The purpose of the project: The objective of the research is to obtain scientific knowledge about the phenomenon known as \u201cspecial legislation\u201d (in Polish \u2018specustawy\u2019) and to discuss it from the perspective of legal theory and philosophy of law. This is aimed at expanding the discussion about special legislation on the international level. The project will establish the methodological and conceptual foundations for future comparative research. In particular, the following questions should be answered: 1) What statutes are referred to as \"special legislation\"? 2) What is \u201cspecial\u201d about those statutes? 3) Does the application of special legislation by courts differ from the application of ordinary statutes? 4) What are the benefits and risks of enacting special legislation? 5) How similar challenges are dealt with in other Western legal systems? 2. Planned research: The project will consist of six main stages: 1) the study of the use of the term \u201cspecial legislation\u201d (\u201cspecustawa\u201d) and related terms; 2) the analysis of legislative acts considered as special legislation; 3) the attempt to formulate a definition of the concept of special legislation and delineate its scope from other related phenomena; 4) the analysis of the application of special legislation by courts; 5) the critical analysis of special legislation in light of legal-theoretical, constitutional and legalphilosophical concepts and values; 6) the comparison between Polish special legislation (\u201cspecustawy\u201d) and similar concepts known in other legal systems. 3. Justification for the selection of the research topic: Special legislation (also: \u201cexceptional legislation\u201d, \"incidental legislation\", etc.) has been a permanent element of the Polish legal order since the beginning of the 21st century, although the rules for its creation have not been specified in any legal act, and the regulations contained therein often raise fundamental reservations on the part of legal theorists and legal practitioners. It has been playing an increasingly important role in recent years. As indicated in the literature, in some areas of law, incidental legislation has become the rule, and ordinary legislation has become the exception. At the same time, so far the research on the phenomenon of special legislation has been conducted mainly within the specific disciplines of jurisprudence (administrative law, constitutional law, etc.). There are no general or comparative studies, and in particular, there is no legal-theoretical and legal-philosophical reflection about incidental legislation. A legal definition of the concept of special legislation has not been developed. There is the lack of more extensive research into its application and interpretation. No recommendations were formulated regarding its creation, both in terms of the political process and legislative technique. In this state of affair, the proposed research fills a very important gap in Polish and global jurisprudence, and its results may, in the longer term, inspire changes in the creation and application of law.\r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Legal instruments for air protection in Poland and the Czech Republic. Comparative Law Study <\/b>
\u2022 NCN Miniatura nr: 2023\/07\/X\/HS5\/00424
\u2022 >\u2022 Implementation period: 5 September 2023 \u2013 4 September 2024
\u2022 Project manager: dr Ewa Radecka
\u2022 Budget: 19 267 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n Taking up this research topic results from the necessity of a broader study of this matter, along with a juxtaposition of Polish and foreign (Czech) solutions. The reference to the Czech legal system stems from its geographical proximity (proximity to Poland), similar problems (post-communist state) and membership in the EU. Despite these obvious similarities, the two countries deal with air protection in completely different ways. According to reports from the European Environment Agency, the Czech Republic has better air quality than Poland (https:\/\/www.eea.europa.eu\/themes\/air\/country-fact-sheets\/2022-country-fact-sheets\/czechia-air-pollution-country). The analysis within the project will allow to determine how Poland and the Czech Republic have normalized this topic, which will be the starting point for a comparative study, which is particularly needed in order to develop an appropriate (i.e. effective and protective) model of air protection in Poland. This, in turn, will give an opportunity to answer the question whether it is expedient and possible to adapt some of the solutions known in the foreign legal system to the Polish legislation and whether this could contribute to the development of effective and efficient Polish legislation in the field of air protection, i.e. effectively protecting both this component of the environment and fauna, flora, as well as human health and life.\r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n
\r\n
\r\n \r\n \r\n Instruments of long-term shareholder engagement in listed companies - a comparative analysis<\/b>
\r\n \r\n Instruments of long-term shareholder engagement in listed companies - a comparative analysis<\/b>
\u2022 NCN PRELUDIUM 23 no.: 2024\/53\/N\/HS5\/00255
\u2022 Implementation period: January 24., 2025 - January 23., 2027
\u2022 Project manager: mgr Dominik Mizerski
\u2022 Budget: 74 055 PLN PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Ecological law of obligations - transformation of European private law from the perspective of Chinese civil code provisions<\/b>
\u2022 NCN PRELUDIUM 23 no.: 2024\/53\/N\/HS5\/03550
\u2022 Implementation period: January 27, 2025 - January 26., 2028
\u2022 Project manager: mgr Jakub Zwierzchowski
\u2022 Budget: 172 000 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Ecological law of obligations - transformation of European private law from the perspective of Chinese civil code provisions<\/b>
\u2022 NCN PRELUDIUM 23 no.: 2024\/53\/N\/HS5\/03550
\u2022 Implementation period: January 27, 2025 - January 26., 2028
\u2022 Project manager: mgr Jakub Zwierzchowski
\u2022 Budget: 172 000 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Taking plastic trees and bad sex seriously. New perspectives in the debate of liberalism versus legal moralism regarding coercive regulation <\/b>
\u2022 NCN OPUS 27nr: 2024\/53\/B\/HS5\/04354
\u2022 Implementation period: July 4, 2025 \u2013 July 3, 2028
\u2022 Project manager: dr Maciej Juzaszek
\u2022 Budget: 1 024 589 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Prelude to the Holocaust? Judicial Law and the Holocaust of Jews in the General Government <\/b>
\u2022 NCN OPUS 28 nr: 2024\/55\/B\/HS5\/00570
\u2022 Implementation period: October 1, 2025 \u2013 September 30, 2029
\u2022 Project manager: dr Konrad Graczyk, prof. U\u015a
\u2022 Budget: 611 446 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Export of dual-use products to conflict-affected areas. Between the duty and the standard of due diligence for businesses in European Union law <\/b>
\u2022 NCN Sonata 20 nr: 2024\/55\/D\/HS5\/02365
\u2022 Implementation period: November 26, 2025 \u2013 November 25, 2029
\u2022 Project manager: dr Dominika Iwan - Sojka
\u2022 Budget: 487 148 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Green Fashion - a Sustainable TCLF Sector through Patents and Innovations<\/b>
\u2022 NCN OPUS reg. no. 2025\/57\/B\/HS5\/04766
\u2022 Implementation period: February 2, 2026 - February 1, 2029
\u2022 Project manager: Dr. hab. Marlena Maria Jankowska-Augustyn, Prof. of the University of Silesia
\u2022 Budget: PLN 285,880\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Algorithmic Management and the Protection of Workers' Rights<\/b>
\u2022 NCN PRELUDIUM, registration no. 2025\/57\/N\/HS5\/01932
\u2022 Implementation period:
\u2022 Project manager: `M.A. Mi\u0142osz Bar\u0142\u00f3g
\u2022 Budget: PLN 166,042
\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Images of Unportrayed Relationships. A Socio-Legal Analysis of Romantic Relationships of People with Intellectual Disabilities<\/b>
\u2022 NCN OPUS, registration no. 2025\/57\/B\/HS5\/04655
\u2022 Implementation period: Februar 2, 2026 - Februar 1, 2026
\u2022 Project manager: Ph.D. Marlena Katarzyna Drapalska-Grochowicz
\u2022 Budget: PLN 456,265
\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n A New Paradigm for the Protection of Geographical Indications for Non-Agricultural Products in the EU: Comparative Legal Analysis and Proposal for a Control Model<\/b>
\u2022 NCN PRELUDIUM, registration no. 2025\/57\/N\/HS5\/00645
\u2022 Implementation period: January 28, 2026 - January 27, 2029
\u2022 Project manager: M.A. Wiktoria Sikorska
\u2022 Budget: PLN 175,537\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n <\/div> \r\n [\/vc_tta_section][vc_tta_section title=”NCN Projects 2024″ tab_id=”1689841379431-e511924e-3b95″]\r\n \r\n \r\n \r\n <\/p>\n<\/div>\r\n <\/div>\r\n <\/div>\r\n
\r\n <\/h3>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Conceptual metaphors in criminal mediation \u2013 the social workings of law<\/b>
\u2022 NCN PRELUDIUM no.: 2023\/49\/N\/HS5\/03297
\u2022 Implementation period: 1 February 2024 - 31 January 2027
\u2022 Principal investigator: Wojciech Leder, MSc
\u2022 Budget: 205 765 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Constitutional Zugzwang: Towards a theory of constitutional momentum change<\/b>
\u2022 NCN OPUS no.: 2023\/51\/B\/HS5\/01018
\u2022 Implementation period: October 1, 2024 \u2013 September 30, 2028
\u2022 Project manager: Dr. Mauro Arturo Rivera Le\u00f3n
\u2022 Budget: 1 852 143 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n The aim of the Zugzwang Project is to prove that some countries are falling into what the project calls a 'constitutional Zugzwang', i.e. a dynamic of frequent change that has negative systemic effects. Its purpose is to define, measure and quantify them. By means of a comparative analysis of the law, the Zugzwang Project will make a pre-selection of countries where a constitutional Zugzwang is likely to have occurred. This will create a national historical dataset of change so that episodes of acceleration can be identified by a set of relevant indicators, e.g. a compound annual growth rate or a time-series analysis technique.\r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n The use of procedural coercive measures against persons with mental disorders in Polish criminal proceedings in the light of EU and international law standards<\/b>
\u2022 NCN PRELUDIUM no.: 2023\/49\/N\/HS5\/02863
\u2022 Implementation period: July 10. 2024 - July 9. 2027
\u2022 Project manager: Marcin Burdzik, PhD
\u2022 Budget: 145 991 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n The aim of the research project is to solve the problem of the use of coercive measures provided for in the Act 6.06.1997 \u2013 Code of Criminal Procedure (Journal of Laws of 2022, item 1375) against persons with mental disorders, in the context of international and EU standards of human rights protection, and to assess the adequacy of the guarantee mechanisms provided therein. Due to the interdisciplinary, legal and medical nature of the issue, research is carried out simultaneously in four areas: medical, international law, EU law and national law. The aim of the research conducted in the first area is to identify legally significant symptoms of individual mental disorders, i.e. symptoms that may be relevant in the context of the use of coercive measures. At this stage, the achievements of medical sciences in the field of psychiatry and the leading classifications of diseases (ICD-11, ICD-10, DSM-5) will be taken into account.\nIn the next stages, international, EU and national regulations will be analyzed, respectively, along with the achievements of doctrine and jurisprudence. The aim of these activities is to identify guarantee mechanisms that may be used to protect the rights of persons with mental disorders against whom coercive measures are applied. The implementation of the project will lead to a holistic analysis of the presented issue. Its effect will be a review of the provisions regulating the use of coercive measures in the Polish criminal process and an assessment of the adequacy of the guarantee mechanisms provided in this respect. The identification of national guarantee mechanisms will allow for their subsequent assessment in the context of solutions provided for in international and EU law. Finally, the findings in all four areas will help identify legal solutions that, due to their inadequacy, threaten the rights of persons with mental disorders against whom coercive measures are applied. The results of ...\n\r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Judicial actualization of the meaning of a legal text in changing circumstances. Comparative law approach<\/b>
\u2022 NCN SONATA no.: 2023\/51\/D\/HS5\/00316
\u2022 Implementation period: October 1. 2024-September 30. 2027
\u2022 Project manager: Paulina Konca, PhD
\u2022 Budget: 647 874 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n The project has two main objectives. The first is to determine and compare how the courts of selected countries update the meaning of legal provisions, i.e. adapt their content to changing circumstances. The research will be of a comparative legal nature. Three countries will be compared: Poland, Spain and Ireland. The second objective is to determine the consequences of formulating update directives with such and not other content and in such and not another form (provisions or established jurisprudence practice - the solutions adopted in the analysed countries regarding the updating rules have different status):\nFirst of all, how does the judicial actualization of the meaning affect the position of the legislator and the courts in the light of the principle of the separation of powers and what impact does it have on the implementation of the principle of legal certainty. The research will consist of an analysis of the legislation and case law of selected countries and relevant literature. The draft may significantly deepen the understanding of the functioning of the principles of updating in the conditions of their formal codification or free shaping by judicial practice, and constitute an important contribution to the discussion on the role of the judge in a democratic state ruled by law and the ways and limitations of implementing such values as legal certainty.\n\r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Foundations. Sources, genesis and assessment of the sustainability of the work of the Codification Commission of the Republic of Poland<\/b>
\u2022 NCN OPUS no.: 2023\/51\/B\/HS5\/01933
\u2022 Implementation period: July 18, 2024-July 17, 2027
\u2022 Project manager: dr Grzegorz Nancka
\u2022 Budget: 291 592 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n The aim of this project is to determine whether the work of the Codification Commission of the Republic of Poland from the years 1919-1939 can be treated as the foundation of contemporary Polish basic civil concepts. The research covers those branches of law that were not codified in interwar Poland, i.e. the general part of civil law, property law, inheritance law and family law (including matrimonial law). The source basis for the research are unique, hitherto unknown sources on the history of the codification of law in interwar Poland, including the products of the Commission's activities, found in the\nduring preliminary examinations. Thanks to this, the research opens up a previously non-existent perspective on the comparison of materials from the codification of law in interwar Poland with the decrees coming into force immediately after World War II and later the Civil Code of 1964 and the Family and Guardianship Code of 1964. There are several reasons for the need to undertake tests in the indicated scope. The implementation of the project will contribute to filling a significant gap in knowledge about the Commission's activities in the scope indicated in this project. This issue has not yet been studied globally, and the project itself will enable discussion on this topic not only on the national, but also on a broad, international level.\n\r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Environmental Impact Assessments in Poland and the Czech Republic. A comparative legal study<\/b>
\u2022 NCN MINIATURA 8 no.: 2024\/08\/X\/HS5\/00709
\u2022 Implementation period: October 11, 2024-October 10, 2027
\u2022 Project manager: dr Filip Nawrot
\u2022 Budget: 13 218 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Taking plastic trees and bad sex seriously. Fresh insights into the liberal vs. legal moralism debate over coercive regulation<\/b>
\u2022 NCN OPUS no.: 2024\/53\/B\/HS5\/04354
\u2022 Implementation period:
\u2022 Project manager: dr Maciej Juzaszek
\u2022 Budget: 1 024 589 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Carbon farming model - a comparative study<\/b>
\u2022 NCN MINIATURA 8 no.: 2024\/08\/X\/HS5\/01569
\u2022 Implementation period: December 10. 2024 - December 9. 2025
\u2022 Project manager: dr Monika \u0141ata
\u2022 Budget: 25 021 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Instruments of long-term shareholder engagement in listed companies - a comparative analysis<\/b>
\u2022 NCN PRELUDIUM 23 no.: 2024\/53\/N\/HS5\/00255
\u2022 Implementation period: January 24., 2025 - January 23., 2027
\u2022 Project manager: mgr Dominik Mizerski
\u2022 Budget: 74 055 PLN PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Ecological law of obligations - transformation of European private law from the perspective of Chinese civil code provisions<\/b>
\u2022 NCN PRELUDIUM 23 no.: 2024\/53\/N\/HS5\/03550
\u2022 Implementation period: January 27, 2025 - January 26., 2028
\u2022 Project manager: mgr Jakub Zwierzchowski
\u2022 Budget: 172 000 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n <\/div> \r\n [\/vc_tta_section][vc_tta_section title=”NCN Projects 2023″ tab_id=”1720095342289-c33acf51-6f65″]\r\n \r\n \r\n \r\n <\/p>\n<\/div>\r\n <\/div>\r\n <\/div>\r\n
\r\n <\/h3>\r\n \r\n \r\n \r\n \r\n \r\n \r\n The language rights protection standard for beneficiaries of international protection in Europe: A new legal approach to harmonize integration<\/b>
\u2022 NCN Prelude no.: 2022\/45\/N\/HS5\/00961
\u2022 Implementation period: January 15, 2023 \u2013 January 24, 2026
\u2022 Project manager: mgr Illia Klinytskyi
\u2022 Project supervisor: Prof. Maria Coady
\u2022 Nature of the project: promoter research project
\u2022 Budget: 141 405 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n For over a decade, most European Union countries have been at the epicentre of migration processes. Only the current armed conflict between Russia and Ukraine, according to UNHCR forecasts, will cause an influx of refugees to Poland, i.e. at least 4,300,000 by the end of 2022. Considering the dynamics of these phenomena, still in October 2020, the European Commission proposed a new pact on migration and asylum, proposing new and improved EU asylum and migration system procedures. The dynamics of these events show vividly that problems that seemed to have already been solved have returned with redoubled force. In particular, the protection of the linguistic rights of immigrants who enjoy the status of beneficiaries of international protection (BIP) comes to the fore. This issue has not yet received a systematic approach and elaboration. The protection of language rights is generally considered from the perspective of minority rights. The current policy on minority and regional languages in Europe is limited to the indigenous citizens of particular states and therefore does not cover foreigners who do not have the nationality of the country of permanent residence or who do not have the status of a national minority. Consequently, the personal and collective needs of BIP in the context of their language rights are not recognised. The research project will fill this gap. The planned research aims to create a standard for the protection of BIP's language rights based on global, regional and national regulatory frameworks by answering four fundamental questions: 1. How is the understanding of the minimum of language rights presented in the literature on the subject? 2. What international and regional norms should be considered as the necessary minimum for language rights of BIP on a regional, state and EU basis? 3. To what extent does the status of national minorities match the status of BIP in their possibility to use preferred languages in the public sphere? 4. What legal instruments are designed or should be implemented to protect that minimum for BIP? The primary function of human rights is the pervasive protection of the fundamental rights of all people. However, the lack of a standard of protection for the language rights of the individual contributes to a failure to respect the cultural and linguistic distinctiveness of BIP in the procedures applied to them. As a result, integration processes often lead to unequal treatment of BIP. European countries do not apply a single, common standard for guaranteeing language rights. Often, immigration policy is not based on the gradual and harmonious integration of BIP but on the assumption of their full assimilation into the host country. This is a discriminatory approach toward BIP. It fails to take any account of the communication and cultural needs of BIP. For example, in the educational systems of countries such as Poland or Latvia, a child must obtain a positive mark in the state language to be promoted to the next grade; these regulations do not consider the lack of previous experience in the chosen language. State language examinations according to rules that do not take into account previous linguistic experience are compulsory under most state educational quality assessment systems, which can pose a severe problem for BIP children. The requirement of knowledge of the state's language can also be a discriminatory factor in hiring or in administrative proceedings. All this makes the establishment of a minimum of language rights at the transnational level a necessary condition for granting adequate protection to the communicative and cultural needs of BIP for their language rights. The research project aims to set a standard of language rights protection for beneficiaries of international protection in Europe and formulate a new legal approach to the problem of harmonisation of BIP integration into the host society. The point of reference for the considerations will be the existing legal regulations concerning language rights at the level of the universal system of human rights (UN), supranational multilateral regulations, including the law of the EU and the Council of Europe, as well as the case-law of the European Court of Human Rights, the Human Rights Committee and the Court of Justice. The legal regulations in force in Europe and in the EU law will be compared with the federal legislation and the national migration policy of the United States of America. The solutions adopted in this country, both in the sphere of legal solutions and the policy towards immigrants, will be treated as exemplary due to the long-standing experience of integration processes and the application of anti-discrimination practices, as well as various possible variants of solutions in the national policy regulating language rights. As a result, the effectiveness of the current system for the protection of the linguistic rights of BIP will be established, as well as the current needs of this social group concerning language guarantees, to be able to formulate possible future legal solutions (i.e. de lege feredna proposals). The planned outcome of the project will be the creation of a model for the protection of the linguistic rights necessary (minimum) for the use of language in the public sphere and the definition of indicators allowing for a transparent assessment of the degree of protection in order to demonstrate that the required standard of linguistic guarantees is met. In this way, the research project also contributes, from a language rights perspective to the critical international debate on migrants' rights to fill existing legislative gaps in this area in both international and national law.\r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Special legislation from the perspective of legal theory and philosophy of law<\/b>
\u2022 NCN Prelude no.: 2022\/45\/B\/HS5\/00919
\u2022 Implementation period: January 16, 2023 \u2013 January 15, 2026
\u2022 Project manager: Dr. Mateusz Zeifert
\u2022 Nature of the project: promoter research project
\u2022 Budget: 269 088 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n The purpose of the project: The objective of the research is to obtain scientific knowledge about the phenomenon known as \u201cspecial legislation\u201d (in Polish \u2018specustawy\u2019) and to discuss it from the perspective of legal theory and philosophy of law. This is aimed at expanding the discussion about special legislation on the international level. The project will establish the methodological and conceptual foundations for future comparative research. In particular, the following questions should be answered: 1) What statutes are referred to as \"special legislation\"? 2) What is \u201cspecial\u201d about those statutes? 3) Does the application of special legislation by courts differ from the application of ordinary statutes? 4) What are the benefits and risks of enacting special legislation? 5) How similar challenges are dealt with in other Western legal systems? 2. Planned research: The project will consist of six main stages: 1) the study of the use of the term \u201cspecial legislation\u201d (\u201cspecustawa\u201d) and related terms; 2) the analysis of legislative acts considered as special legislation; 3) the attempt to formulate a definition of the concept of special legislation and delineate its scope from other related phenomena; 4) the analysis of the application of special legislation by courts; 5) the critical analysis of special legislation in light of legal-theoretical, constitutional and legalphilosophical concepts and values; 6) the comparison between Polish special legislation (\u201cspecustawy\u201d) and similar concepts known in other legal systems. 3. Justification for the selection of the research topic: Special legislation (also: \u201cexceptional legislation\u201d, \"incidental legislation\", etc.) has been a permanent element of the Polish legal order since the beginning of the 21st century, although the rules for its creation have not been specified in any legal act, and the regulations contained therein often raise fundamental reservations on the part of legal theorists and legal practitioners. It has been playing an increasingly important role in recent years. As indicated in the literature, in some areas of law, incidental legislation has become the rule, and ordinary legislation has become the exception. At the same time, so far the research on the phenomenon of special legislation has been conducted mainly within the specific disciplines of jurisprudence (administrative law, constitutional law, etc.). There are no general or comparative studies, and in particular, there is no legal-theoretical and legal-philosophical reflection about incidental legislation. A legal definition of the concept of special legislation has not been developed. There is the lack of more extensive research into its application and interpretation. No recommendations were formulated regarding its creation, both in terms of the political process and legislative technique. In this state of affair, the proposed research fills a very important gap in Polish and global jurisprudence, and its results may, in the longer term, inspire changes in the creation and application of law.\r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Legal instruments for air protection in Poland and the Czech Republic. Comparative Law Study <\/b>
\u2022 NCN Miniatura nr: 2023\/07\/X\/HS5\/00424
\u2022 >\u2022 Implementation period: 5 September 2023 \u2013 4 September 2024
\u2022 Project manager: dr Ewa Radecka
\u2022 Budget: 19 267 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n Taking up this research topic results from the necessity of a broader study of this matter, along with a juxtaposition of Polish and foreign (Czech) solutions. The reference to the Czech legal system stems from its geographical proximity (proximity to Poland), similar problems (post-communist state) and membership in the EU. Despite these obvious similarities, the two countries deal with air protection in completely different ways. According to reports from the European Environment Agency, the Czech Republic has better air quality than Poland (https:\/\/www.eea.europa.eu\/themes\/air\/country-fact-sheets\/2022-country-fact-sheets\/czechia-air-pollution-country). The analysis within the project will allow to determine how Poland and the Czech Republic have normalized this topic, which will be the starting point for a comparative study, which is particularly needed in order to develop an appropriate (i.e. effective and protective) model of air protection in Poland. This, in turn, will give an opportunity to answer the question whether it is expedient and possible to adapt some of the solutions known in the foreign legal system to the Polish legislation and whether this could contribute to the development of effective and efficient Polish legislation in the field of air protection, i.e. effectively protecting both this component of the environment and fauna, flora, as well as human health and life.\r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n
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\r\n \r\n \r\n Ecological law of obligations - transformation of European private law from the perspective of Chinese civil code provisions<\/b>
\r\n \r\n Ecological law of obligations - transformation of European private law from the perspective of Chinese civil code provisions<\/b>
\u2022 NCN PRELUDIUM 23 no.: 2024\/53\/N\/HS5\/03550
\u2022 Implementation period: January 27, 2025 - January 26., 2028
\u2022 Project manager: mgr Jakub Zwierzchowski
\u2022 Budget: 172 000 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Ecological law of obligations - transformation of European private law from the perspective of Chinese civil code provisions<\/b>
\u2022 NCN PRELUDIUM 23 no.: 2024\/53\/N\/HS5\/03550
\u2022 Implementation period: January 27, 2025 - January 26., 2028
\u2022 Project manager: mgr Jakub Zwierzchowski
\u2022 Budget: 172 000 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Taking plastic trees and bad sex seriously. New perspectives in the debate of liberalism versus legal moralism regarding coercive regulation <\/b>
\u2022 NCN OPUS 27nr: 2024\/53\/B\/HS5\/04354
\u2022 Implementation period: July 4, 2025 \u2013 July 3, 2028
\u2022 Project manager: dr Maciej Juzaszek
\u2022 Budget: 1 024 589 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Prelude to the Holocaust? Judicial Law and the Holocaust of Jews in the General Government <\/b>
\u2022 NCN OPUS 28 nr: 2024\/55\/B\/HS5\/00570
\u2022 Implementation period: October 1, 2025 \u2013 September 30, 2029
\u2022 Project manager: dr Konrad Graczyk, prof. U\u015a
\u2022 Budget: 611 446 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Export of dual-use products to conflict-affected areas. Between the duty and the standard of due diligence for businesses in European Union law <\/b>
\u2022 NCN Sonata 20 nr: 2024\/55\/D\/HS5\/02365
\u2022 Implementation period: November 26, 2025 \u2013 November 25, 2029
\u2022 Project manager: dr Dominika Iwan - Sojka
\u2022 Budget: 487 148 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Green Fashion - a Sustainable TCLF Sector through Patents and Innovations<\/b>
\u2022 NCN OPUS reg. no. 2025\/57\/B\/HS5\/04766
\u2022 Implementation period: February 2, 2026 - February 1, 2029
\u2022 Project manager: Dr. hab. Marlena Maria Jankowska-Augustyn, Prof. of the University of Silesia
\u2022 Budget: PLN 285,880\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Algorithmic Management and the Protection of Workers' Rights<\/b>
\u2022 NCN PRELUDIUM, registration no. 2025\/57\/N\/HS5\/01932
\u2022 Implementation period:
\u2022 Project manager: `M.A. Mi\u0142osz Bar\u0142\u00f3g
\u2022 Budget: PLN 166,042
\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Images of Unportrayed Relationships. A Socio-Legal Analysis of Romantic Relationships of People with Intellectual Disabilities<\/b>
\u2022 NCN OPUS, registration no. 2025\/57\/B\/HS5\/04655
\u2022 Implementation period: Februar 2, 2026 - Februar 1, 2026
\u2022 Project manager: Ph.D. Marlena Katarzyna Drapalska-Grochowicz
\u2022 Budget: PLN 456,265
\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n A New Paradigm for the Protection of Geographical Indications for Non-Agricultural Products in the EU: Comparative Legal Analysis and Proposal for a Control Model<\/b>
\u2022 NCN PRELUDIUM, registration no. 2025\/57\/N\/HS5\/00645
\u2022 Implementation period: January 28, 2026 - January 27, 2029
\u2022 Project manager: M.A. Wiktoria Sikorska
\u2022 Budget: PLN 175,537\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n <\/div> \r\n [\/vc_tta_section][vc_tta_section title=”NCN Projects 2024″ tab_id=”1689841379431-e511924e-3b95″]\r\n \r\n \r\n \r\n <\/p>\n<\/div>\r\n <\/div>\r\n <\/div>\r\n
\r\n <\/h3>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Conceptual metaphors in criminal mediation \u2013 the social workings of law<\/b>
\u2022 NCN PRELUDIUM no.: 2023\/49\/N\/HS5\/03297
\u2022 Implementation period: 1 February 2024 - 31 January 2027
\u2022 Principal investigator: Wojciech Leder, MSc
\u2022 Budget: 205 765 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Constitutional Zugzwang: Towards a theory of constitutional momentum change<\/b>
\u2022 NCN OPUS no.: 2023\/51\/B\/HS5\/01018
\u2022 Implementation period: October 1, 2024 \u2013 September 30, 2028
\u2022 Project manager: Dr. Mauro Arturo Rivera Le\u00f3n
\u2022 Budget: 1 852 143 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n The aim of the Zugzwang Project is to prove that some countries are falling into what the project calls a 'constitutional Zugzwang', i.e. a dynamic of frequent change that has negative systemic effects. Its purpose is to define, measure and quantify them. By means of a comparative analysis of the law, the Zugzwang Project will make a pre-selection of countries where a constitutional Zugzwang is likely to have occurred. This will create a national historical dataset of change so that episodes of acceleration can be identified by a set of relevant indicators, e.g. a compound annual growth rate or a time-series analysis technique.\r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n The use of procedural coercive measures against persons with mental disorders in Polish criminal proceedings in the light of EU and international law standards<\/b>
\u2022 NCN PRELUDIUM no.: 2023\/49\/N\/HS5\/02863
\u2022 Implementation period: July 10. 2024 - July 9. 2027
\u2022 Project manager: Marcin Burdzik, PhD
\u2022 Budget: 145 991 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n The aim of the research project is to solve the problem of the use of coercive measures provided for in the Act 6.06.1997 \u2013 Code of Criminal Procedure (Journal of Laws of 2022, item 1375) against persons with mental disorders, in the context of international and EU standards of human rights protection, and to assess the adequacy of the guarantee mechanisms provided therein. Due to the interdisciplinary, legal and medical nature of the issue, research is carried out simultaneously in four areas: medical, international law, EU law and national law. The aim of the research conducted in the first area is to identify legally significant symptoms of individual mental disorders, i.e. symptoms that may be relevant in the context of the use of coercive measures. At this stage, the achievements of medical sciences in the field of psychiatry and the leading classifications of diseases (ICD-11, ICD-10, DSM-5) will be taken into account.\nIn the next stages, international, EU and national regulations will be analyzed, respectively, along with the achievements of doctrine and jurisprudence. The aim of these activities is to identify guarantee mechanisms that may be used to protect the rights of persons with mental disorders against whom coercive measures are applied. The implementation of the project will lead to a holistic analysis of the presented issue. Its effect will be a review of the provisions regulating the use of coercive measures in the Polish criminal process and an assessment of the adequacy of the guarantee mechanisms provided in this respect. The identification of national guarantee mechanisms will allow for their subsequent assessment in the context of solutions provided for in international and EU law. Finally, the findings in all four areas will help identify legal solutions that, due to their inadequacy, threaten the rights of persons with mental disorders against whom coercive measures are applied. The results of ...\n\r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Judicial actualization of the meaning of a legal text in changing circumstances. Comparative law approach<\/b>
\u2022 NCN SONATA no.: 2023\/51\/D\/HS5\/00316
\u2022 Implementation period: October 1. 2024-September 30. 2027
\u2022 Project manager: Paulina Konca, PhD
\u2022 Budget: 647 874 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n The project has two main objectives. The first is to determine and compare how the courts of selected countries update the meaning of legal provisions, i.e. adapt their content to changing circumstances. The research will be of a comparative legal nature. Three countries will be compared: Poland, Spain and Ireland. The second objective is to determine the consequences of formulating update directives with such and not other content and in such and not another form (provisions or established jurisprudence practice - the solutions adopted in the analysed countries regarding the updating rules have different status):\nFirst of all, how does the judicial actualization of the meaning affect the position of the legislator and the courts in the light of the principle of the separation of powers and what impact does it have on the implementation of the principle of legal certainty. The research will consist of an analysis of the legislation and case law of selected countries and relevant literature. The draft may significantly deepen the understanding of the functioning of the principles of updating in the conditions of their formal codification or free shaping by judicial practice, and constitute an important contribution to the discussion on the role of the judge in a democratic state ruled by law and the ways and limitations of implementing such values as legal certainty.\n\r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Foundations. Sources, genesis and assessment of the sustainability of the work of the Codification Commission of the Republic of Poland<\/b>
\u2022 NCN OPUS no.: 2023\/51\/B\/HS5\/01933
\u2022 Implementation period: July 18, 2024-July 17, 2027
\u2022 Project manager: dr Grzegorz Nancka
\u2022 Budget: 291 592 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n The aim of this project is to determine whether the work of the Codification Commission of the Republic of Poland from the years 1919-1939 can be treated as the foundation of contemporary Polish basic civil concepts. The research covers those branches of law that were not codified in interwar Poland, i.e. the general part of civil law, property law, inheritance law and family law (including matrimonial law). The source basis for the research are unique, hitherto unknown sources on the history of the codification of law in interwar Poland, including the products of the Commission's activities, found in the\nduring preliminary examinations. Thanks to this, the research opens up a previously non-existent perspective on the comparison of materials from the codification of law in interwar Poland with the decrees coming into force immediately after World War II and later the Civil Code of 1964 and the Family and Guardianship Code of 1964. There are several reasons for the need to undertake tests in the indicated scope. The implementation of the project will contribute to filling a significant gap in knowledge about the Commission's activities in the scope indicated in this project. This issue has not yet been studied globally, and the project itself will enable discussion on this topic not only on the national, but also on a broad, international level.\n\r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Environmental Impact Assessments in Poland and the Czech Republic. A comparative legal study<\/b>
\u2022 NCN MINIATURA 8 no.: 2024\/08\/X\/HS5\/00709
\u2022 Implementation period: October 11, 2024-October 10, 2027
\u2022 Project manager: dr Filip Nawrot
\u2022 Budget: 13 218 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Taking plastic trees and bad sex seriously. Fresh insights into the liberal vs. legal moralism debate over coercive regulation<\/b>
\u2022 NCN OPUS no.: 2024\/53\/B\/HS5\/04354
\u2022 Implementation period:
\u2022 Project manager: dr Maciej Juzaszek
\u2022 Budget: 1 024 589 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Carbon farming model - a comparative study<\/b>
\u2022 NCN MINIATURA 8 no.: 2024\/08\/X\/HS5\/01569
\u2022 Implementation period: December 10. 2024 - December 9. 2025
\u2022 Project manager: dr Monika \u0141ata
\u2022 Budget: 25 021 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Instruments of long-term shareholder engagement in listed companies - a comparative analysis<\/b>
\u2022 NCN PRELUDIUM 23 no.: 2024\/53\/N\/HS5\/00255
\u2022 Implementation period: January 24., 2025 - January 23., 2027
\u2022 Project manager: mgr Dominik Mizerski
\u2022 Budget: 74 055 PLN PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Ecological law of obligations - transformation of European private law from the perspective of Chinese civil code provisions<\/b>
\u2022 NCN PRELUDIUM 23 no.: 2024\/53\/N\/HS5\/03550
\u2022 Implementation period: January 27, 2025 - January 26., 2028
\u2022 Project manager: mgr Jakub Zwierzchowski
\u2022 Budget: 172 000 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n <\/div> \r\n [\/vc_tta_section][vc_tta_section title=”NCN Projects 2023″ tab_id=”1720095342289-c33acf51-6f65″]\r\n \r\n \r\n \r\n <\/p>\n<\/div>\r\n <\/div>\r\n <\/div>\r\n
\r\n <\/h3>\r\n \r\n \r\n \r\n \r\n \r\n \r\n The language rights protection standard for beneficiaries of international protection in Europe: A new legal approach to harmonize integration<\/b>
\u2022 NCN Prelude no.: 2022\/45\/N\/HS5\/00961
\u2022 Implementation period: January 15, 2023 \u2013 January 24, 2026
\u2022 Project manager: mgr Illia Klinytskyi
\u2022 Project supervisor: Prof. Maria Coady
\u2022 Nature of the project: promoter research project
\u2022 Budget: 141 405 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n For over a decade, most European Union countries have been at the epicentre of migration processes. Only the current armed conflict between Russia and Ukraine, according to UNHCR forecasts, will cause an influx of refugees to Poland, i.e. at least 4,300,000 by the end of 2022. Considering the dynamics of these phenomena, still in October 2020, the European Commission proposed a new pact on migration and asylum, proposing new and improved EU asylum and migration system procedures. The dynamics of these events show vividly that problems that seemed to have already been solved have returned with redoubled force. In particular, the protection of the linguistic rights of immigrants who enjoy the status of beneficiaries of international protection (BIP) comes to the fore. This issue has not yet received a systematic approach and elaboration. The protection of language rights is generally considered from the perspective of minority rights. The current policy on minority and regional languages in Europe is limited to the indigenous citizens of particular states and therefore does not cover foreigners who do not have the nationality of the country of permanent residence or who do not have the status of a national minority. Consequently, the personal and collective needs of BIP in the context of their language rights are not recognised. The research project will fill this gap. The planned research aims to create a standard for the protection of BIP's language rights based on global, regional and national regulatory frameworks by answering four fundamental questions: 1. How is the understanding of the minimum of language rights presented in the literature on the subject? 2. What international and regional norms should be considered as the necessary minimum for language rights of BIP on a regional, state and EU basis? 3. To what extent does the status of national minorities match the status of BIP in their possibility to use preferred languages in the public sphere? 4. What legal instruments are designed or should be implemented to protect that minimum for BIP? The primary function of human rights is the pervasive protection of the fundamental rights of all people. However, the lack of a standard of protection for the language rights of the individual contributes to a failure to respect the cultural and linguistic distinctiveness of BIP in the procedures applied to them. As a result, integration processes often lead to unequal treatment of BIP. European countries do not apply a single, common standard for guaranteeing language rights. Often, immigration policy is not based on the gradual and harmonious integration of BIP but on the assumption of their full assimilation into the host country. This is a discriminatory approach toward BIP. It fails to take any account of the communication and cultural needs of BIP. For example, in the educational systems of countries such as Poland or Latvia, a child must obtain a positive mark in the state language to be promoted to the next grade; these regulations do not consider the lack of previous experience in the chosen language. State language examinations according to rules that do not take into account previous linguistic experience are compulsory under most state educational quality assessment systems, which can pose a severe problem for BIP children. The requirement of knowledge of the state's language can also be a discriminatory factor in hiring or in administrative proceedings. All this makes the establishment of a minimum of language rights at the transnational level a necessary condition for granting adequate protection to the communicative and cultural needs of BIP for their language rights. The research project aims to set a standard of language rights protection for beneficiaries of international protection in Europe and formulate a new legal approach to the problem of harmonisation of BIP integration into the host society. The point of reference for the considerations will be the existing legal regulations concerning language rights at the level of the universal system of human rights (UN), supranational multilateral regulations, including the law of the EU and the Council of Europe, as well as the case-law of the European Court of Human Rights, the Human Rights Committee and the Court of Justice. The legal regulations in force in Europe and in the EU law will be compared with the federal legislation and the national migration policy of the United States of America. The solutions adopted in this country, both in the sphere of legal solutions and the policy towards immigrants, will be treated as exemplary due to the long-standing experience of integration processes and the application of anti-discrimination practices, as well as various possible variants of solutions in the national policy regulating language rights. As a result, the effectiveness of the current system for the protection of the linguistic rights of BIP will be established, as well as the current needs of this social group concerning language guarantees, to be able to formulate possible future legal solutions (i.e. de lege feredna proposals). The planned outcome of the project will be the creation of a model for the protection of the linguistic rights necessary (minimum) for the use of language in the public sphere and the definition of indicators allowing for a transparent assessment of the degree of protection in order to demonstrate that the required standard of linguistic guarantees is met. In this way, the research project also contributes, from a language rights perspective to the critical international debate on migrants' rights to fill existing legislative gaps in this area in both international and national law.\r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Special legislation from the perspective of legal theory and philosophy of law<\/b>
\u2022 NCN Prelude no.: 2022\/45\/B\/HS5\/00919
\u2022 Implementation period: January 16, 2023 \u2013 January 15, 2026
\u2022 Project manager: Dr. Mateusz Zeifert
\u2022 Nature of the project: promoter research project
\u2022 Budget: 269 088 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n The purpose of the project: The objective of the research is to obtain scientific knowledge about the phenomenon known as \u201cspecial legislation\u201d (in Polish \u2018specustawy\u2019) and to discuss it from the perspective of legal theory and philosophy of law. This is aimed at expanding the discussion about special legislation on the international level. The project will establish the methodological and conceptual foundations for future comparative research. In particular, the following questions should be answered: 1) What statutes are referred to as \"special legislation\"? 2) What is \u201cspecial\u201d about those statutes? 3) Does the application of special legislation by courts differ from the application of ordinary statutes? 4) What are the benefits and risks of enacting special legislation? 5) How similar challenges are dealt with in other Western legal systems? 2. Planned research: The project will consist of six main stages: 1) the study of the use of the term \u201cspecial legislation\u201d (\u201cspecustawa\u201d) and related terms; 2) the analysis of legislative acts considered as special legislation; 3) the attempt to formulate a definition of the concept of special legislation and delineate its scope from other related phenomena; 4) the analysis of the application of special legislation by courts; 5) the critical analysis of special legislation in light of legal-theoretical, constitutional and legalphilosophical concepts and values; 6) the comparison between Polish special legislation (\u201cspecustawy\u201d) and similar concepts known in other legal systems. 3. Justification for the selection of the research topic: Special legislation (also: \u201cexceptional legislation\u201d, \"incidental legislation\", etc.) has been a permanent element of the Polish legal order since the beginning of the 21st century, although the rules for its creation have not been specified in any legal act, and the regulations contained therein often raise fundamental reservations on the part of legal theorists and legal practitioners. It has been playing an increasingly important role in recent years. As indicated in the literature, in some areas of law, incidental legislation has become the rule, and ordinary legislation has become the exception. At the same time, so far the research on the phenomenon of special legislation has been conducted mainly within the specific disciplines of jurisprudence (administrative law, constitutional law, etc.). There are no general or comparative studies, and in particular, there is no legal-theoretical and legal-philosophical reflection about incidental legislation. A legal definition of the concept of special legislation has not been developed. There is the lack of more extensive research into its application and interpretation. No recommendations were formulated regarding its creation, both in terms of the political process and legislative technique. In this state of affair, the proposed research fills a very important gap in Polish and global jurisprudence, and its results may, in the longer term, inspire changes in the creation and application of law.\r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Legal instruments for air protection in Poland and the Czech Republic. Comparative Law Study <\/b>
\u2022 NCN Miniatura nr: 2023\/07\/X\/HS5\/00424
\u2022 >\u2022 Implementation period: 5 September 2023 \u2013 4 September 2024
\u2022 Project manager: dr Ewa Radecka
\u2022 Budget: 19 267 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n Taking up this research topic results from the necessity of a broader study of this matter, along with a juxtaposition of Polish and foreign (Czech) solutions. The reference to the Czech legal system stems from its geographical proximity (proximity to Poland), similar problems (post-communist state) and membership in the EU. Despite these obvious similarities, the two countries deal with air protection in completely different ways. According to reports from the European Environment Agency, the Czech Republic has better air quality than Poland (https:\/\/www.eea.europa.eu\/themes\/air\/country-fact-sheets\/2022-country-fact-sheets\/czechia-air-pollution-country). The analysis within the project will allow to determine how Poland and the Czech Republic have normalized this topic, which will be the starting point for a comparative study, which is particularly needed in order to develop an appropriate (i.e. effective and protective) model of air protection in Poland. This, in turn, will give an opportunity to answer the question whether it is expedient and possible to adapt some of the solutions known in the foreign legal system to the Polish legislation and whether this could contribute to the development of effective and efficient Polish legislation in the field of air protection, i.e. effectively protecting both this component of the environment and fauna, flora, as well as human health and life.\r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n
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\r\n \r\n \r\n Ecological law of obligations - transformation of European private law from the perspective of Chinese civil code provisions<\/b>
\r\n \r\n Ecological law of obligations - transformation of European private law from the perspective of Chinese civil code provisions<\/b>
\u2022 NCN PRELUDIUM 23 no.: 2024\/53\/N\/HS5\/03550
\u2022 Implementation period: January 27, 2025 - January 26., 2028
\u2022 Project manager: mgr Jakub Zwierzchowski
\u2022 Budget: 172 000 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Taking plastic trees and bad sex seriously. New perspectives in the debate of liberalism versus legal moralism regarding coercive regulation <\/b>
\u2022 NCN OPUS 27nr: 2024\/53\/B\/HS5\/04354
\u2022 Implementation period: July 4, 2025 \u2013 July 3, 2028
\u2022 Project manager: dr Maciej Juzaszek
\u2022 Budget: 1 024 589 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Prelude to the Holocaust? Judicial Law and the Holocaust of Jews in the General Government <\/b>
\u2022 NCN OPUS 28 nr: 2024\/55\/B\/HS5\/00570
\u2022 Implementation period: October 1, 2025 \u2013 September 30, 2029
\u2022 Project manager: dr Konrad Graczyk, prof. U\u015a
\u2022 Budget: 611 446 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Export of dual-use products to conflict-affected areas. Between the duty and the standard of due diligence for businesses in European Union law <\/b>
\u2022 NCN Sonata 20 nr: 2024\/55\/D\/HS5\/02365
\u2022 Implementation period: November 26, 2025 \u2013 November 25, 2029
\u2022 Project manager: dr Dominika Iwan - Sojka
\u2022 Budget: 487 148 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Green Fashion - a Sustainable TCLF Sector through Patents and Innovations<\/b>
\u2022 NCN OPUS reg. no. 2025\/57\/B\/HS5\/04766
\u2022 Implementation period: February 2, 2026 - February 1, 2029
\u2022 Project manager: Dr. hab. Marlena Maria Jankowska-Augustyn, Prof. of the University of Silesia
\u2022 Budget: PLN 285,880\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Algorithmic Management and the Protection of Workers' Rights<\/b>
\u2022 NCN PRELUDIUM, registration no. 2025\/57\/N\/HS5\/01932
\u2022 Implementation period:
\u2022 Project manager: `M.A. Mi\u0142osz Bar\u0142\u00f3g
\u2022 Budget: PLN 166,042
\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Images of Unportrayed Relationships. A Socio-Legal Analysis of Romantic Relationships of People with Intellectual Disabilities<\/b>
\u2022 NCN OPUS, registration no. 2025\/57\/B\/HS5\/04655
\u2022 Implementation period: Februar 2, 2026 - Februar 1, 2026
\u2022 Project manager: Ph.D. Marlena Katarzyna Drapalska-Grochowicz
\u2022 Budget: PLN 456,265
\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n A New Paradigm for the Protection of Geographical Indications for Non-Agricultural Products in the EU: Comparative Legal Analysis and Proposal for a Control Model<\/b>
\u2022 NCN PRELUDIUM, registration no. 2025\/57\/N\/HS5\/00645
\u2022 Implementation period: January 28, 2026 - January 27, 2029
\u2022 Project manager: M.A. Wiktoria Sikorska
\u2022 Budget: PLN 175,537\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n <\/div> \r\n [\/vc_tta_section][vc_tta_section title=”NCN Projects 2024″ tab_id=”1689841379431-e511924e-3b95″]\r\n \r\n \r\n \r\n <\/p>\n<\/div>\r\n <\/div>\r\n <\/div>\r\n
\r\n <\/h3>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Conceptual metaphors in criminal mediation \u2013 the social workings of law<\/b>
\u2022 NCN PRELUDIUM no.: 2023\/49\/N\/HS5\/03297
\u2022 Implementation period: 1 February 2024 - 31 January 2027
\u2022 Principal investigator: Wojciech Leder, MSc
\u2022 Budget: 205 765 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Constitutional Zugzwang: Towards a theory of constitutional momentum change<\/b>
\u2022 NCN OPUS no.: 2023\/51\/B\/HS5\/01018
\u2022 Implementation period: October 1, 2024 \u2013 September 30, 2028
\u2022 Project manager: Dr. Mauro Arturo Rivera Le\u00f3n
\u2022 Budget: 1 852 143 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n The aim of the Zugzwang Project is to prove that some countries are falling into what the project calls a 'constitutional Zugzwang', i.e. a dynamic of frequent change that has negative systemic effects. Its purpose is to define, measure and quantify them. By means of a comparative analysis of the law, the Zugzwang Project will make a pre-selection of countries where a constitutional Zugzwang is likely to have occurred. This will create a national historical dataset of change so that episodes of acceleration can be identified by a set of relevant indicators, e.g. a compound annual growth rate or a time-series analysis technique.\r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n The use of procedural coercive measures against persons with mental disorders in Polish criminal proceedings in the light of EU and international law standards<\/b>
\u2022 NCN PRELUDIUM no.: 2023\/49\/N\/HS5\/02863
\u2022 Implementation period: July 10. 2024 - July 9. 2027
\u2022 Project manager: Marcin Burdzik, PhD
\u2022 Budget: 145 991 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n The aim of the research project is to solve the problem of the use of coercive measures provided for in the Act 6.06.1997 \u2013 Code of Criminal Procedure (Journal of Laws of 2022, item 1375) against persons with mental disorders, in the context of international and EU standards of human rights protection, and to assess the adequacy of the guarantee mechanisms provided therein. Due to the interdisciplinary, legal and medical nature of the issue, research is carried out simultaneously in four areas: medical, international law, EU law and national law. The aim of the research conducted in the first area is to identify legally significant symptoms of individual mental disorders, i.e. symptoms that may be relevant in the context of the use of coercive measures. At this stage, the achievements of medical sciences in the field of psychiatry and the leading classifications of diseases (ICD-11, ICD-10, DSM-5) will be taken into account.\nIn the next stages, international, EU and national regulations will be analyzed, respectively, along with the achievements of doctrine and jurisprudence. The aim of these activities is to identify guarantee mechanisms that may be used to protect the rights of persons with mental disorders against whom coercive measures are applied. The implementation of the project will lead to a holistic analysis of the presented issue. Its effect will be a review of the provisions regulating the use of coercive measures in the Polish criminal process and an assessment of the adequacy of the guarantee mechanisms provided in this respect. The identification of national guarantee mechanisms will allow for their subsequent assessment in the context of solutions provided for in international and EU law. Finally, the findings in all four areas will help identify legal solutions that, due to their inadequacy, threaten the rights of persons with mental disorders against whom coercive measures are applied. The results of ...\n\r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Judicial actualization of the meaning of a legal text in changing circumstances. Comparative law approach<\/b>
\u2022 NCN SONATA no.: 2023\/51\/D\/HS5\/00316
\u2022 Implementation period: October 1. 2024-September 30. 2027
\u2022 Project manager: Paulina Konca, PhD
\u2022 Budget: 647 874 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n The project has two main objectives. The first is to determine and compare how the courts of selected countries update the meaning of legal provisions, i.e. adapt their content to changing circumstances. The research will be of a comparative legal nature. Three countries will be compared: Poland, Spain and Ireland. The second objective is to determine the consequences of formulating update directives with such and not other content and in such and not another form (provisions or established jurisprudence practice - the solutions adopted in the analysed countries regarding the updating rules have different status):\nFirst of all, how does the judicial actualization of the meaning affect the position of the legislator and the courts in the light of the principle of the separation of powers and what impact does it have on the implementation of the principle of legal certainty. The research will consist of an analysis of the legislation and case law of selected countries and relevant literature. The draft may significantly deepen the understanding of the functioning of the principles of updating in the conditions of their formal codification or free shaping by judicial practice, and constitute an important contribution to the discussion on the role of the judge in a democratic state ruled by law and the ways and limitations of implementing such values as legal certainty.\n\r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Foundations. Sources, genesis and assessment of the sustainability of the work of the Codification Commission of the Republic of Poland<\/b>
\u2022 NCN OPUS no.: 2023\/51\/B\/HS5\/01933
\u2022 Implementation period: July 18, 2024-July 17, 2027
\u2022 Project manager: dr Grzegorz Nancka
\u2022 Budget: 291 592 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n The aim of this project is to determine whether the work of the Codification Commission of the Republic of Poland from the years 1919-1939 can be treated as the foundation of contemporary Polish basic civil concepts. The research covers those branches of law that were not codified in interwar Poland, i.e. the general part of civil law, property law, inheritance law and family law (including matrimonial law). The source basis for the research are unique, hitherto unknown sources on the history of the codification of law in interwar Poland, including the products of the Commission's activities, found in the\nduring preliminary examinations. Thanks to this, the research opens up a previously non-existent perspective on the comparison of materials from the codification of law in interwar Poland with the decrees coming into force immediately after World War II and later the Civil Code of 1964 and the Family and Guardianship Code of 1964. There are several reasons for the need to undertake tests in the indicated scope. The implementation of the project will contribute to filling a significant gap in knowledge about the Commission's activities in the scope indicated in this project. This issue has not yet been studied globally, and the project itself will enable discussion on this topic not only on the national, but also on a broad, international level.\n\r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Environmental Impact Assessments in Poland and the Czech Republic. A comparative legal study<\/b>
\u2022 NCN MINIATURA 8 no.: 2024\/08\/X\/HS5\/00709
\u2022 Implementation period: October 11, 2024-October 10, 2027
\u2022 Project manager: dr Filip Nawrot
\u2022 Budget: 13 218 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Taking plastic trees and bad sex seriously. Fresh insights into the liberal vs. legal moralism debate over coercive regulation<\/b>
\u2022 NCN OPUS no.: 2024\/53\/B\/HS5\/04354
\u2022 Implementation period:
\u2022 Project manager: dr Maciej Juzaszek
\u2022 Budget: 1 024 589 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Carbon farming model - a comparative study<\/b>
\u2022 NCN MINIATURA 8 no.: 2024\/08\/X\/HS5\/01569
\u2022 Implementation period: December 10. 2024 - December 9. 2025
\u2022 Project manager: dr Monika \u0141ata
\u2022 Budget: 25 021 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Instruments of long-term shareholder engagement in listed companies - a comparative analysis<\/b>
\u2022 NCN PRELUDIUM 23 no.: 2024\/53\/N\/HS5\/00255
\u2022 Implementation period: January 24., 2025 - January 23., 2027
\u2022 Project manager: mgr Dominik Mizerski
\u2022 Budget: 74 055 PLN PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Ecological law of obligations - transformation of European private law from the perspective of Chinese civil code provisions<\/b>
\u2022 NCN PRELUDIUM 23 no.: 2024\/53\/N\/HS5\/03550
\u2022 Implementation period: January 27, 2025 - January 26., 2028
\u2022 Project manager: mgr Jakub Zwierzchowski
\u2022 Budget: 172 000 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n <\/div> \r\n [\/vc_tta_section][vc_tta_section title=”NCN Projects 2023″ tab_id=”1720095342289-c33acf51-6f65″]\r\n \r\n \r\n \r\n <\/p>\n<\/div>\r\n <\/div>\r\n <\/div>\r\n
\r\n <\/h3>\r\n \r\n \r\n \r\n \r\n \r\n \r\n The language rights protection standard for beneficiaries of international protection in Europe: A new legal approach to harmonize integration<\/b>
\u2022 NCN Prelude no.: 2022\/45\/N\/HS5\/00961
\u2022 Implementation period: January 15, 2023 \u2013 January 24, 2026
\u2022 Project manager: mgr Illia Klinytskyi
\u2022 Project supervisor: Prof. Maria Coady
\u2022 Nature of the project: promoter research project
\u2022 Budget: 141 405 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n For over a decade, most European Union countries have been at the epicentre of migration processes. Only the current armed conflict between Russia and Ukraine, according to UNHCR forecasts, will cause an influx of refugees to Poland, i.e. at least 4,300,000 by the end of 2022. Considering the dynamics of these phenomena, still in October 2020, the European Commission proposed a new pact on migration and asylum, proposing new and improved EU asylum and migration system procedures. The dynamics of these events show vividly that problems that seemed to have already been solved have returned with redoubled force. In particular, the protection of the linguistic rights of immigrants who enjoy the status of beneficiaries of international protection (BIP) comes to the fore. This issue has not yet received a systematic approach and elaboration. The protection of language rights is generally considered from the perspective of minority rights. The current policy on minority and regional languages in Europe is limited to the indigenous citizens of particular states and therefore does not cover foreigners who do not have the nationality of the country of permanent residence or who do not have the status of a national minority. Consequently, the personal and collective needs of BIP in the context of their language rights are not recognised. The research project will fill this gap. The planned research aims to create a standard for the protection of BIP's language rights based on global, regional and national regulatory frameworks by answering four fundamental questions: 1. How is the understanding of the minimum of language rights presented in the literature on the subject? 2. What international and regional norms should be considered as the necessary minimum for language rights of BIP on a regional, state and EU basis? 3. To what extent does the status of national minorities match the status of BIP in their possibility to use preferred languages in the public sphere? 4. What legal instruments are designed or should be implemented to protect that minimum for BIP? The primary function of human rights is the pervasive protection of the fundamental rights of all people. However, the lack of a standard of protection for the language rights of the individual contributes to a failure to respect the cultural and linguistic distinctiveness of BIP in the procedures applied to them. As a result, integration processes often lead to unequal treatment of BIP. European countries do not apply a single, common standard for guaranteeing language rights. Often, immigration policy is not based on the gradual and harmonious integration of BIP but on the assumption of their full assimilation into the host country. This is a discriminatory approach toward BIP. It fails to take any account of the communication and cultural needs of BIP. For example, in the educational systems of countries such as Poland or Latvia, a child must obtain a positive mark in the state language to be promoted to the next grade; these regulations do not consider the lack of previous experience in the chosen language. State language examinations according to rules that do not take into account previous linguistic experience are compulsory under most state educational quality assessment systems, which can pose a severe problem for BIP children. The requirement of knowledge of the state's language can also be a discriminatory factor in hiring or in administrative proceedings. All this makes the establishment of a minimum of language rights at the transnational level a necessary condition for granting adequate protection to the communicative and cultural needs of BIP for their language rights. The research project aims to set a standard of language rights protection for beneficiaries of international protection in Europe and formulate a new legal approach to the problem of harmonisation of BIP integration into the host society. The point of reference for the considerations will be the existing legal regulations concerning language rights at the level of the universal system of human rights (UN), supranational multilateral regulations, including the law of the EU and the Council of Europe, as well as the case-law of the European Court of Human Rights, the Human Rights Committee and the Court of Justice. The legal regulations in force in Europe and in the EU law will be compared with the federal legislation and the national migration policy of the United States of America. The solutions adopted in this country, both in the sphere of legal solutions and the policy towards immigrants, will be treated as exemplary due to the long-standing experience of integration processes and the application of anti-discrimination practices, as well as various possible variants of solutions in the national policy regulating language rights. As a result, the effectiveness of the current system for the protection of the linguistic rights of BIP will be established, as well as the current needs of this social group concerning language guarantees, to be able to formulate possible future legal solutions (i.e. de lege feredna proposals). The planned outcome of the project will be the creation of a model for the protection of the linguistic rights necessary (minimum) for the use of language in the public sphere and the definition of indicators allowing for a transparent assessment of the degree of protection in order to demonstrate that the required standard of linguistic guarantees is met. In this way, the research project also contributes, from a language rights perspective to the critical international debate on migrants' rights to fill existing legislative gaps in this area in both international and national law.\r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Special legislation from the perspective of legal theory and philosophy of law<\/b>
\u2022 NCN Prelude no.: 2022\/45\/B\/HS5\/00919
\u2022 Implementation period: January 16, 2023 \u2013 January 15, 2026
\u2022 Project manager: Dr. Mateusz Zeifert
\u2022 Nature of the project: promoter research project
\u2022 Budget: 269 088 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n The purpose of the project: The objective of the research is to obtain scientific knowledge about the phenomenon known as \u201cspecial legislation\u201d (in Polish \u2018specustawy\u2019) and to discuss it from the perspective of legal theory and philosophy of law. This is aimed at expanding the discussion about special legislation on the international level. The project will establish the methodological and conceptual foundations for future comparative research. In particular, the following questions should be answered: 1) What statutes are referred to as \"special legislation\"? 2) What is \u201cspecial\u201d about those statutes? 3) Does the application of special legislation by courts differ from the application of ordinary statutes? 4) What are the benefits and risks of enacting special legislation? 5) How similar challenges are dealt with in other Western legal systems? 2. Planned research: The project will consist of six main stages: 1) the study of the use of the term \u201cspecial legislation\u201d (\u201cspecustawa\u201d) and related terms; 2) the analysis of legislative acts considered as special legislation; 3) the attempt to formulate a definition of the concept of special legislation and delineate its scope from other related phenomena; 4) the analysis of the application of special legislation by courts; 5) the critical analysis of special legislation in light of legal-theoretical, constitutional and legalphilosophical concepts and values; 6) the comparison between Polish special legislation (\u201cspecustawy\u201d) and similar concepts known in other legal systems. 3. Justification for the selection of the research topic: Special legislation (also: \u201cexceptional legislation\u201d, \"incidental legislation\", etc.) has been a permanent element of the Polish legal order since the beginning of the 21st century, although the rules for its creation have not been specified in any legal act, and the regulations contained therein often raise fundamental reservations on the part of legal theorists and legal practitioners. It has been playing an increasingly important role in recent years. As indicated in the literature, in some areas of law, incidental legislation has become the rule, and ordinary legislation has become the exception. At the same time, so far the research on the phenomenon of special legislation has been conducted mainly within the specific disciplines of jurisprudence (administrative law, constitutional law, etc.). There are no general or comparative studies, and in particular, there is no legal-theoretical and legal-philosophical reflection about incidental legislation. A legal definition of the concept of special legislation has not been developed. There is the lack of more extensive research into its application and interpretation. No recommendations were formulated regarding its creation, both in terms of the political process and legislative technique. In this state of affair, the proposed research fills a very important gap in Polish and global jurisprudence, and its results may, in the longer term, inspire changes in the creation and application of law.\r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Legal instruments for air protection in Poland and the Czech Republic. Comparative Law Study <\/b>
\u2022 NCN Miniatura nr: 2023\/07\/X\/HS5\/00424
\u2022 >\u2022 Implementation period: 5 September 2023 \u2013 4 September 2024
\u2022 Project manager: dr Ewa Radecka
\u2022 Budget: 19 267 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n Taking up this research topic results from the necessity of a broader study of this matter, along with a juxtaposition of Polish and foreign (Czech) solutions. The reference to the Czech legal system stems from its geographical proximity (proximity to Poland), similar problems (post-communist state) and membership in the EU. Despite these obvious similarities, the two countries deal with air protection in completely different ways. According to reports from the European Environment Agency, the Czech Republic has better air quality than Poland (https:\/\/www.eea.europa.eu\/themes\/air\/country-fact-sheets\/2022-country-fact-sheets\/czechia-air-pollution-country). The analysis within the project will allow to determine how Poland and the Czech Republic have normalized this topic, which will be the starting point for a comparative study, which is particularly needed in order to develop an appropriate (i.e. effective and protective) model of air protection in Poland. This, in turn, will give an opportunity to answer the question whether it is expedient and possible to adapt some of the solutions known in the foreign legal system to the Polish legislation and whether this could contribute to the development of effective and efficient Polish legislation in the field of air protection, i.e. effectively protecting both this component of the environment and fauna, flora, as well as human health and life.\r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n
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\r\n \r\n \r\n Taking plastic trees and bad sex seriously. New perspectives in the debate of liberalism versus legal moralism regarding coercive regulation <\/b>
\r\n \r\n Taking plastic trees and bad sex seriously. New perspectives in the debate of liberalism versus legal moralism regarding coercive regulation <\/b>
\u2022 NCN OPUS 27nr: 2024\/53\/B\/HS5\/04354
\u2022 Implementation period: July 4, 2025 \u2013 July 3, 2028
\u2022 Project manager: dr Maciej Juzaszek
\u2022 Budget: 1 024 589 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Prelude to the Holocaust? Judicial Law and the Holocaust of Jews in the General Government <\/b>
\u2022 NCN OPUS 28 nr: 2024\/55\/B\/HS5\/00570
\u2022 Implementation period: October 1, 2025 \u2013 September 30, 2029
\u2022 Project manager: dr Konrad Graczyk, prof. U\u015a
\u2022 Budget: 611 446 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Export of dual-use products to conflict-affected areas. Between the duty and the standard of due diligence for businesses in European Union law <\/b>
\u2022 NCN Sonata 20 nr: 2024\/55\/D\/HS5\/02365
\u2022 Implementation period: November 26, 2025 \u2013 November 25, 2029
\u2022 Project manager: dr Dominika Iwan - Sojka
\u2022 Budget: 487 148 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Green Fashion - a Sustainable TCLF Sector through Patents and Innovations<\/b>
\u2022 NCN OPUS reg. no. 2025\/57\/B\/HS5\/04766
\u2022 Implementation period: February 2, 2026 - February 1, 2029
\u2022 Project manager: Dr. hab. Marlena Maria Jankowska-Augustyn, Prof. of the University of Silesia
\u2022 Budget: PLN 285,880\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Algorithmic Management and the Protection of Workers' Rights<\/b>
\u2022 NCN PRELUDIUM, registration no. 2025\/57\/N\/HS5\/01932
\u2022 Implementation period:
\u2022 Project manager: `M.A. Mi\u0142osz Bar\u0142\u00f3g
\u2022 Budget: PLN 166,042
\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Images of Unportrayed Relationships. A Socio-Legal Analysis of Romantic Relationships of People with Intellectual Disabilities<\/b>
\u2022 NCN OPUS, registration no. 2025\/57\/B\/HS5\/04655
\u2022 Implementation period: Februar 2, 2026 - Februar 1, 2026
\u2022 Project manager: Ph.D. Marlena Katarzyna Drapalska-Grochowicz
\u2022 Budget: PLN 456,265
\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n A New Paradigm for the Protection of Geographical Indications for Non-Agricultural Products in the EU: Comparative Legal Analysis and Proposal for a Control Model<\/b>
\u2022 NCN PRELUDIUM, registration no. 2025\/57\/N\/HS5\/00645
\u2022 Implementation period: January 28, 2026 - January 27, 2029
\u2022 Project manager: M.A. Wiktoria Sikorska
\u2022 Budget: PLN 175,537\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n <\/div> \r\n [\/vc_tta_section][vc_tta_section title=”NCN Projects 2024″ tab_id=”1689841379431-e511924e-3b95″]\r\n \r\n \r\n \r\n <\/p>\n<\/div>\r\n <\/div>\r\n <\/div>\r\n
\r\n <\/h3>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Conceptual metaphors in criminal mediation \u2013 the social workings of law<\/b>
\u2022 NCN PRELUDIUM no.: 2023\/49\/N\/HS5\/03297
\u2022 Implementation period: 1 February 2024 - 31 January 2027
\u2022 Principal investigator: Wojciech Leder, MSc
\u2022 Budget: 205 765 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Constitutional Zugzwang: Towards a theory of constitutional momentum change<\/b>
\u2022 NCN OPUS no.: 2023\/51\/B\/HS5\/01018
\u2022 Implementation period: October 1, 2024 \u2013 September 30, 2028
\u2022 Project manager: Dr. Mauro Arturo Rivera Le\u00f3n
\u2022 Budget: 1 852 143 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n The aim of the Zugzwang Project is to prove that some countries are falling into what the project calls a 'constitutional Zugzwang', i.e. a dynamic of frequent change that has negative systemic effects. Its purpose is to define, measure and quantify them. By means of a comparative analysis of the law, the Zugzwang Project will make a pre-selection of countries where a constitutional Zugzwang is likely to have occurred. This will create a national historical dataset of change so that episodes of acceleration can be identified by a set of relevant indicators, e.g. a compound annual growth rate or a time-series analysis technique.\r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n The use of procedural coercive measures against persons with mental disorders in Polish criminal proceedings in the light of EU and international law standards<\/b>
\u2022 NCN PRELUDIUM no.: 2023\/49\/N\/HS5\/02863
\u2022 Implementation period: July 10. 2024 - July 9. 2027
\u2022 Project manager: Marcin Burdzik, PhD
\u2022 Budget: 145 991 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n The aim of the research project is to solve the problem of the use of coercive measures provided for in the Act 6.06.1997 \u2013 Code of Criminal Procedure (Journal of Laws of 2022, item 1375) against persons with mental disorders, in the context of international and EU standards of human rights protection, and to assess the adequacy of the guarantee mechanisms provided therein. Due to the interdisciplinary, legal and medical nature of the issue, research is carried out simultaneously in four areas: medical, international law, EU law and national law. The aim of the research conducted in the first area is to identify legally significant symptoms of individual mental disorders, i.e. symptoms that may be relevant in the context of the use of coercive measures. At this stage, the achievements of medical sciences in the field of psychiatry and the leading classifications of diseases (ICD-11, ICD-10, DSM-5) will be taken into account.\nIn the next stages, international, EU and national regulations will be analyzed, respectively, along with the achievements of doctrine and jurisprudence. The aim of these activities is to identify guarantee mechanisms that may be used to protect the rights of persons with mental disorders against whom coercive measures are applied. The implementation of the project will lead to a holistic analysis of the presented issue. Its effect will be a review of the provisions regulating the use of coercive measures in the Polish criminal process and an assessment of the adequacy of the guarantee mechanisms provided in this respect. The identification of national guarantee mechanisms will allow for their subsequent assessment in the context of solutions provided for in international and EU law. Finally, the findings in all four areas will help identify legal solutions that, due to their inadequacy, threaten the rights of persons with mental disorders against whom coercive measures are applied. The results of ...\n\r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Judicial actualization of the meaning of a legal text in changing circumstances. Comparative law approach<\/b>
\u2022 NCN SONATA no.: 2023\/51\/D\/HS5\/00316
\u2022 Implementation period: October 1. 2024-September 30. 2027
\u2022 Project manager: Paulina Konca, PhD
\u2022 Budget: 647 874 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n The project has two main objectives. The first is to determine and compare how the courts of selected countries update the meaning of legal provisions, i.e. adapt their content to changing circumstances. The research will be of a comparative legal nature. Three countries will be compared: Poland, Spain and Ireland. The second objective is to determine the consequences of formulating update directives with such and not other content and in such and not another form (provisions or established jurisprudence practice - the solutions adopted in the analysed countries regarding the updating rules have different status):\nFirst of all, how does the judicial actualization of the meaning affect the position of the legislator and the courts in the light of the principle of the separation of powers and what impact does it have on the implementation of the principle of legal certainty. The research will consist of an analysis of the legislation and case law of selected countries and relevant literature. The draft may significantly deepen the understanding of the functioning of the principles of updating in the conditions of their formal codification or free shaping by judicial practice, and constitute an important contribution to the discussion on the role of the judge in a democratic state ruled by law and the ways and limitations of implementing such values as legal certainty.\n\r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Foundations. Sources, genesis and assessment of the sustainability of the work of the Codification Commission of the Republic of Poland<\/b>
\u2022 NCN OPUS no.: 2023\/51\/B\/HS5\/01933
\u2022 Implementation period: July 18, 2024-July 17, 2027
\u2022 Project manager: dr Grzegorz Nancka
\u2022 Budget: 291 592 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n The aim of this project is to determine whether the work of the Codification Commission of the Republic of Poland from the years 1919-1939 can be treated as the foundation of contemporary Polish basic civil concepts. The research covers those branches of law that were not codified in interwar Poland, i.e. the general part of civil law, property law, inheritance law and family law (including matrimonial law). The source basis for the research are unique, hitherto unknown sources on the history of the codification of law in interwar Poland, including the products of the Commission's activities, found in the\nduring preliminary examinations. Thanks to this, the research opens up a previously non-existent perspective on the comparison of materials from the codification of law in interwar Poland with the decrees coming into force immediately after World War II and later the Civil Code of 1964 and the Family and Guardianship Code of 1964. There are several reasons for the need to undertake tests in the indicated scope. The implementation of the project will contribute to filling a significant gap in knowledge about the Commission's activities in the scope indicated in this project. This issue has not yet been studied globally, and the project itself will enable discussion on this topic not only on the national, but also on a broad, international level.\n\r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Environmental Impact Assessments in Poland and the Czech Republic. A comparative legal study<\/b>
\u2022 NCN MINIATURA 8 no.: 2024\/08\/X\/HS5\/00709
\u2022 Implementation period: October 11, 2024-October 10, 2027
\u2022 Project manager: dr Filip Nawrot
\u2022 Budget: 13 218 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Taking plastic trees and bad sex seriously. Fresh insights into the liberal vs. legal moralism debate over coercive regulation<\/b>
\u2022 NCN OPUS no.: 2024\/53\/B\/HS5\/04354
\u2022 Implementation period:
\u2022 Project manager: dr Maciej Juzaszek
\u2022 Budget: 1 024 589 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Carbon farming model - a comparative study<\/b>
\u2022 NCN MINIATURA 8 no.: 2024\/08\/X\/HS5\/01569
\u2022 Implementation period: December 10. 2024 - December 9. 2025
\u2022 Project manager: dr Monika \u0141ata
\u2022 Budget: 25 021 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Instruments of long-term shareholder engagement in listed companies - a comparative analysis<\/b>
\u2022 NCN PRELUDIUM 23 no.: 2024\/53\/N\/HS5\/00255
\u2022 Implementation period: January 24., 2025 - January 23., 2027
\u2022 Project manager: mgr Dominik Mizerski
\u2022 Budget: 74 055 PLN PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Ecological law of obligations - transformation of European private law from the perspective of Chinese civil code provisions<\/b>
\u2022 NCN PRELUDIUM 23 no.: 2024\/53\/N\/HS5\/03550
\u2022 Implementation period: January 27, 2025 - January 26., 2028
\u2022 Project manager: mgr Jakub Zwierzchowski
\u2022 Budget: 172 000 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n <\/div> \r\n [\/vc_tta_section][vc_tta_section title=”NCN Projects 2023″ tab_id=”1720095342289-c33acf51-6f65″]\r\n \r\n \r\n \r\n <\/p>\n<\/div>\r\n <\/div>\r\n <\/div>\r\n
\r\n <\/h3>\r\n \r\n \r\n \r\n \r\n \r\n \r\n The language rights protection standard for beneficiaries of international protection in Europe: A new legal approach to harmonize integration<\/b>
\u2022 NCN Prelude no.: 2022\/45\/N\/HS5\/00961
\u2022 Implementation period: January 15, 2023 \u2013 January 24, 2026
\u2022 Project manager: mgr Illia Klinytskyi
\u2022 Project supervisor: Prof. Maria Coady
\u2022 Nature of the project: promoter research project
\u2022 Budget: 141 405 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n For over a decade, most European Union countries have been at the epicentre of migration processes. Only the current armed conflict between Russia and Ukraine, according to UNHCR forecasts, will cause an influx of refugees to Poland, i.e. at least 4,300,000 by the end of 2022. Considering the dynamics of these phenomena, still in October 2020, the European Commission proposed a new pact on migration and asylum, proposing new and improved EU asylum and migration system procedures. The dynamics of these events show vividly that problems that seemed to have already been solved have returned with redoubled force. In particular, the protection of the linguistic rights of immigrants who enjoy the status of beneficiaries of international protection (BIP) comes to the fore. This issue has not yet received a systematic approach and elaboration. The protection of language rights is generally considered from the perspective of minority rights. The current policy on minority and regional languages in Europe is limited to the indigenous citizens of particular states and therefore does not cover foreigners who do not have the nationality of the country of permanent residence or who do not have the status of a national minority. Consequently, the personal and collective needs of BIP in the context of their language rights are not recognised. The research project will fill this gap. The planned research aims to create a standard for the protection of BIP's language rights based on global, regional and national regulatory frameworks by answering four fundamental questions: 1. How is the understanding of the minimum of language rights presented in the literature on the subject? 2. What international and regional norms should be considered as the necessary minimum for language rights of BIP on a regional, state and EU basis? 3. To what extent does the status of national minorities match the status of BIP in their possibility to use preferred languages in the public sphere? 4. What legal instruments are designed or should be implemented to protect that minimum for BIP? The primary function of human rights is the pervasive protection of the fundamental rights of all people. However, the lack of a standard of protection for the language rights of the individual contributes to a failure to respect the cultural and linguistic distinctiveness of BIP in the procedures applied to them. As a result, integration processes often lead to unequal treatment of BIP. European countries do not apply a single, common standard for guaranteeing language rights. Often, immigration policy is not based on the gradual and harmonious integration of BIP but on the assumption of their full assimilation into the host country. This is a discriminatory approach toward BIP. It fails to take any account of the communication and cultural needs of BIP. For example, in the educational systems of countries such as Poland or Latvia, a child must obtain a positive mark in the state language to be promoted to the next grade; these regulations do not consider the lack of previous experience in the chosen language. State language examinations according to rules that do not take into account previous linguistic experience are compulsory under most state educational quality assessment systems, which can pose a severe problem for BIP children. The requirement of knowledge of the state's language can also be a discriminatory factor in hiring or in administrative proceedings. All this makes the establishment of a minimum of language rights at the transnational level a necessary condition for granting adequate protection to the communicative and cultural needs of BIP for their language rights. The research project aims to set a standard of language rights protection for beneficiaries of international protection in Europe and formulate a new legal approach to the problem of harmonisation of BIP integration into the host society. The point of reference for the considerations will be the existing legal regulations concerning language rights at the level of the universal system of human rights (UN), supranational multilateral regulations, including the law of the EU and the Council of Europe, as well as the case-law of the European Court of Human Rights, the Human Rights Committee and the Court of Justice. The legal regulations in force in Europe and in the EU law will be compared with the federal legislation and the national migration policy of the United States of America. The solutions adopted in this country, both in the sphere of legal solutions and the policy towards immigrants, will be treated as exemplary due to the long-standing experience of integration processes and the application of anti-discrimination practices, as well as various possible variants of solutions in the national policy regulating language rights. As a result, the effectiveness of the current system for the protection of the linguistic rights of BIP will be established, as well as the current needs of this social group concerning language guarantees, to be able to formulate possible future legal solutions (i.e. de lege feredna proposals). The planned outcome of the project will be the creation of a model for the protection of the linguistic rights necessary (minimum) for the use of language in the public sphere and the definition of indicators allowing for a transparent assessment of the degree of protection in order to demonstrate that the required standard of linguistic guarantees is met. In this way, the research project also contributes, from a language rights perspective to the critical international debate on migrants' rights to fill existing legislative gaps in this area in both international and national law.\r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Special legislation from the perspective of legal theory and philosophy of law<\/b>
\u2022 NCN Prelude no.: 2022\/45\/B\/HS5\/00919
\u2022 Implementation period: January 16, 2023 \u2013 January 15, 2026
\u2022 Project manager: Dr. Mateusz Zeifert
\u2022 Nature of the project: promoter research project
\u2022 Budget: 269 088 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n The purpose of the project: The objective of the research is to obtain scientific knowledge about the phenomenon known as \u201cspecial legislation\u201d (in Polish \u2018specustawy\u2019) and to discuss it from the perspective of legal theory and philosophy of law. This is aimed at expanding the discussion about special legislation on the international level. The project will establish the methodological and conceptual foundations for future comparative research. In particular, the following questions should be answered: 1) What statutes are referred to as \"special legislation\"? 2) What is \u201cspecial\u201d about those statutes? 3) Does the application of special legislation by courts differ from the application of ordinary statutes? 4) What are the benefits and risks of enacting special legislation? 5) How similar challenges are dealt with in other Western legal systems? 2. Planned research: The project will consist of six main stages: 1) the study of the use of the term \u201cspecial legislation\u201d (\u201cspecustawa\u201d) and related terms; 2) the analysis of legislative acts considered as special legislation; 3) the attempt to formulate a definition of the concept of special legislation and delineate its scope from other related phenomena; 4) the analysis of the application of special legislation by courts; 5) the critical analysis of special legislation in light of legal-theoretical, constitutional and legalphilosophical concepts and values; 6) the comparison between Polish special legislation (\u201cspecustawy\u201d) and similar concepts known in other legal systems. 3. Justification for the selection of the research topic: Special legislation (also: \u201cexceptional legislation\u201d, \"incidental legislation\", etc.) has been a permanent element of the Polish legal order since the beginning of the 21st century, although the rules for its creation have not been specified in any legal act, and the regulations contained therein often raise fundamental reservations on the part of legal theorists and legal practitioners. It has been playing an increasingly important role in recent years. As indicated in the literature, in some areas of law, incidental legislation has become the rule, and ordinary legislation has become the exception. At the same time, so far the research on the phenomenon of special legislation has been conducted mainly within the specific disciplines of jurisprudence (administrative law, constitutional law, etc.). There are no general or comparative studies, and in particular, there is no legal-theoretical and legal-philosophical reflection about incidental legislation. A legal definition of the concept of special legislation has not been developed. There is the lack of more extensive research into its application and interpretation. No recommendations were formulated regarding its creation, both in terms of the political process and legislative technique. In this state of affair, the proposed research fills a very important gap in Polish and global jurisprudence, and its results may, in the longer term, inspire changes in the creation and application of law.\r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Legal instruments for air protection in Poland and the Czech Republic. Comparative Law Study <\/b>
\u2022 NCN Miniatura nr: 2023\/07\/X\/HS5\/00424
\u2022 >\u2022 Implementation period: 5 September 2023 \u2013 4 September 2024
\u2022 Project manager: dr Ewa Radecka
\u2022 Budget: 19 267 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n Taking up this research topic results from the necessity of a broader study of this matter, along with a juxtaposition of Polish and foreign (Czech) solutions. The reference to the Czech legal system stems from its geographical proximity (proximity to Poland), similar problems (post-communist state) and membership in the EU. Despite these obvious similarities, the two countries deal with air protection in completely different ways. According to reports from the European Environment Agency, the Czech Republic has better air quality than Poland (https:\/\/www.eea.europa.eu\/themes\/air\/country-fact-sheets\/2022-country-fact-sheets\/czechia-air-pollution-country). The analysis within the project will allow to determine how Poland and the Czech Republic have normalized this topic, which will be the starting point for a comparative study, which is particularly needed in order to develop an appropriate (i.e. effective and protective) model of air protection in Poland. This, in turn, will give an opportunity to answer the question whether it is expedient and possible to adapt some of the solutions known in the foreign legal system to the Polish legislation and whether this could contribute to the development of effective and efficient Polish legislation in the field of air protection, i.e. effectively protecting both this component of the environment and fauna, flora, as well as human health and life.\r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n
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\r\n \r\n \r\n Prelude to the Holocaust? Judicial Law and the Holocaust of Jews in the General Government <\/b>
\r\n \r\n Prelude to the Holocaust? Judicial Law and the Holocaust of Jews in the General Government <\/b>
\u2022 NCN OPUS 28 nr: 2024\/55\/B\/HS5\/00570
\u2022 Implementation period: October 1, 2025 \u2013 September 30, 2029
\u2022 Project manager: dr Konrad Graczyk, prof. U\u015a
\u2022 Budget: 611 446 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Export of dual-use products to conflict-affected areas. Between the duty and the standard of due diligence for businesses in European Union law <\/b>
\u2022 NCN Sonata 20 nr: 2024\/55\/D\/HS5\/02365
\u2022 Implementation period: November 26, 2025 \u2013 November 25, 2029
\u2022 Project manager: dr Dominika Iwan - Sojka
\u2022 Budget: 487 148 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Green Fashion - a Sustainable TCLF Sector through Patents and Innovations<\/b>
\u2022 NCN OPUS reg. no. 2025\/57\/B\/HS5\/04766
\u2022 Implementation period: February 2, 2026 - February 1, 2029
\u2022 Project manager: Dr. hab. Marlena Maria Jankowska-Augustyn, Prof. of the University of Silesia
\u2022 Budget: PLN 285,880\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Algorithmic Management and the Protection of Workers' Rights<\/b>
\u2022 NCN PRELUDIUM, registration no. 2025\/57\/N\/HS5\/01932
\u2022 Implementation period:
\u2022 Project manager: `M.A. Mi\u0142osz Bar\u0142\u00f3g
\u2022 Budget: PLN 166,042
\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Images of Unportrayed Relationships. A Socio-Legal Analysis of Romantic Relationships of People with Intellectual Disabilities<\/b>
\u2022 NCN OPUS, registration no. 2025\/57\/B\/HS5\/04655
\u2022 Implementation period: Februar 2, 2026 - Februar 1, 2026
\u2022 Project manager: Ph.D. Marlena Katarzyna Drapalska-Grochowicz
\u2022 Budget: PLN 456,265
\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n A New Paradigm for the Protection of Geographical Indications for Non-Agricultural Products in the EU: Comparative Legal Analysis and Proposal for a Control Model<\/b>
\u2022 NCN PRELUDIUM, registration no. 2025\/57\/N\/HS5\/00645
\u2022 Implementation period: January 28, 2026 - January 27, 2029
\u2022 Project manager: M.A. Wiktoria Sikorska
\u2022 Budget: PLN 175,537\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n <\/div> \r\n [\/vc_tta_section][vc_tta_section title=”NCN Projects 2024″ tab_id=”1689841379431-e511924e-3b95″]\r\n \r\n \r\n \r\n <\/p>\n<\/div>\r\n <\/div>\r\n <\/div>\r\n
\r\n <\/h3>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Conceptual metaphors in criminal mediation \u2013 the social workings of law<\/b>
\u2022 NCN PRELUDIUM no.: 2023\/49\/N\/HS5\/03297
\u2022 Implementation period: 1 February 2024 - 31 January 2027
\u2022 Principal investigator: Wojciech Leder, MSc
\u2022 Budget: 205 765 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Constitutional Zugzwang: Towards a theory of constitutional momentum change<\/b>
\u2022 NCN OPUS no.: 2023\/51\/B\/HS5\/01018
\u2022 Implementation period: October 1, 2024 \u2013 September 30, 2028
\u2022 Project manager: Dr. Mauro Arturo Rivera Le\u00f3n
\u2022 Budget: 1 852 143 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n The aim of the Zugzwang Project is to prove that some countries are falling into what the project calls a 'constitutional Zugzwang', i.e. a dynamic of frequent change that has negative systemic effects. Its purpose is to define, measure and quantify them. By means of a comparative analysis of the law, the Zugzwang Project will make a pre-selection of countries where a constitutional Zugzwang is likely to have occurred. This will create a national historical dataset of change so that episodes of acceleration can be identified by a set of relevant indicators, e.g. a compound annual growth rate or a time-series analysis technique.\r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n The use of procedural coercive measures against persons with mental disorders in Polish criminal proceedings in the light of EU and international law standards<\/b>
\u2022 NCN PRELUDIUM no.: 2023\/49\/N\/HS5\/02863
\u2022 Implementation period: July 10. 2024 - July 9. 2027
\u2022 Project manager: Marcin Burdzik, PhD
\u2022 Budget: 145 991 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n The aim of the research project is to solve the problem of the use of coercive measures provided for in the Act 6.06.1997 \u2013 Code of Criminal Procedure (Journal of Laws of 2022, item 1375) against persons with mental disorders, in the context of international and EU standards of human rights protection, and to assess the adequacy of the guarantee mechanisms provided therein. Due to the interdisciplinary, legal and medical nature of the issue, research is carried out simultaneously in four areas: medical, international law, EU law and national law. The aim of the research conducted in the first area is to identify legally significant symptoms of individual mental disorders, i.e. symptoms that may be relevant in the context of the use of coercive measures. At this stage, the achievements of medical sciences in the field of psychiatry and the leading classifications of diseases (ICD-11, ICD-10, DSM-5) will be taken into account.\nIn the next stages, international, EU and national regulations will be analyzed, respectively, along with the achievements of doctrine and jurisprudence. The aim of these activities is to identify guarantee mechanisms that may be used to protect the rights of persons with mental disorders against whom coercive measures are applied. The implementation of the project will lead to a holistic analysis of the presented issue. Its effect will be a review of the provisions regulating the use of coercive measures in the Polish criminal process and an assessment of the adequacy of the guarantee mechanisms provided in this respect. The identification of national guarantee mechanisms will allow for their subsequent assessment in the context of solutions provided for in international and EU law. Finally, the findings in all four areas will help identify legal solutions that, due to their inadequacy, threaten the rights of persons with mental disorders against whom coercive measures are applied. The results of ...\n\r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Judicial actualization of the meaning of a legal text in changing circumstances. Comparative law approach<\/b>
\u2022 NCN SONATA no.: 2023\/51\/D\/HS5\/00316
\u2022 Implementation period: October 1. 2024-September 30. 2027
\u2022 Project manager: Paulina Konca, PhD
\u2022 Budget: 647 874 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n The project has two main objectives. The first is to determine and compare how the courts of selected countries update the meaning of legal provisions, i.e. adapt their content to changing circumstances. The research will be of a comparative legal nature. Three countries will be compared: Poland, Spain and Ireland. The second objective is to determine the consequences of formulating update directives with such and not other content and in such and not another form (provisions or established jurisprudence practice - the solutions adopted in the analysed countries regarding the updating rules have different status):\nFirst of all, how does the judicial actualization of the meaning affect the position of the legislator and the courts in the light of the principle of the separation of powers and what impact does it have on the implementation of the principle of legal certainty. The research will consist of an analysis of the legislation and case law of selected countries and relevant literature. The draft may significantly deepen the understanding of the functioning of the principles of updating in the conditions of their formal codification or free shaping by judicial practice, and constitute an important contribution to the discussion on the role of the judge in a democratic state ruled by law and the ways and limitations of implementing such values as legal certainty.\n\r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Foundations. Sources, genesis and assessment of the sustainability of the work of the Codification Commission of the Republic of Poland<\/b>
\u2022 NCN OPUS no.: 2023\/51\/B\/HS5\/01933
\u2022 Implementation period: July 18, 2024-July 17, 2027
\u2022 Project manager: dr Grzegorz Nancka
\u2022 Budget: 291 592 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n The aim of this project is to determine whether the work of the Codification Commission of the Republic of Poland from the years 1919-1939 can be treated as the foundation of contemporary Polish basic civil concepts. The research covers those branches of law that were not codified in interwar Poland, i.e. the general part of civil law, property law, inheritance law and family law (including matrimonial law). The source basis for the research are unique, hitherto unknown sources on the history of the codification of law in interwar Poland, including the products of the Commission's activities, found in the\nduring preliminary examinations. Thanks to this, the research opens up a previously non-existent perspective on the comparison of materials from the codification of law in interwar Poland with the decrees coming into force immediately after World War II and later the Civil Code of 1964 and the Family and Guardianship Code of 1964. There are several reasons for the need to undertake tests in the indicated scope. The implementation of the project will contribute to filling a significant gap in knowledge about the Commission's activities in the scope indicated in this project. This issue has not yet been studied globally, and the project itself will enable discussion on this topic not only on the national, but also on a broad, international level.\n\r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Environmental Impact Assessments in Poland and the Czech Republic. A comparative legal study<\/b>
\u2022 NCN MINIATURA 8 no.: 2024\/08\/X\/HS5\/00709
\u2022 Implementation period: October 11, 2024-October 10, 2027
\u2022 Project manager: dr Filip Nawrot
\u2022 Budget: 13 218 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Taking plastic trees and bad sex seriously. Fresh insights into the liberal vs. legal moralism debate over coercive regulation<\/b>
\u2022 NCN OPUS no.: 2024\/53\/B\/HS5\/04354
\u2022 Implementation period:
\u2022 Project manager: dr Maciej Juzaszek
\u2022 Budget: 1 024 589 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Carbon farming model - a comparative study<\/b>
\u2022 NCN MINIATURA 8 no.: 2024\/08\/X\/HS5\/01569
\u2022 Implementation period: December 10. 2024 - December 9. 2025
\u2022 Project manager: dr Monika \u0141ata
\u2022 Budget: 25 021 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Instruments of long-term shareholder engagement in listed companies - a comparative analysis<\/b>
\u2022 NCN PRELUDIUM 23 no.: 2024\/53\/N\/HS5\/00255
\u2022 Implementation period: January 24., 2025 - January 23., 2027
\u2022 Project manager: mgr Dominik Mizerski
\u2022 Budget: 74 055 PLN PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Ecological law of obligations - transformation of European private law from the perspective of Chinese civil code provisions<\/b>
\u2022 NCN PRELUDIUM 23 no.: 2024\/53\/N\/HS5\/03550
\u2022 Implementation period: January 27, 2025 - January 26., 2028
\u2022 Project manager: mgr Jakub Zwierzchowski
\u2022 Budget: 172 000 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n <\/div> \r\n [\/vc_tta_section][vc_tta_section title=”NCN Projects 2023″ tab_id=”1720095342289-c33acf51-6f65″]\r\n \r\n \r\n \r\n <\/p>\n<\/div>\r\n <\/div>\r\n <\/div>\r\n
\r\n <\/h3>\r\n \r\n \r\n \r\n \r\n \r\n \r\n The language rights protection standard for beneficiaries of international protection in Europe: A new legal approach to harmonize integration<\/b>
\u2022 NCN Prelude no.: 2022\/45\/N\/HS5\/00961
\u2022 Implementation period: January 15, 2023 \u2013 January 24, 2026
\u2022 Project manager: mgr Illia Klinytskyi
\u2022 Project supervisor: Prof. Maria Coady
\u2022 Nature of the project: promoter research project
\u2022 Budget: 141 405 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n For over a decade, most European Union countries have been at the epicentre of migration processes. Only the current armed conflict between Russia and Ukraine, according to UNHCR forecasts, will cause an influx of refugees to Poland, i.e. at least 4,300,000 by the end of 2022. Considering the dynamics of these phenomena, still in October 2020, the European Commission proposed a new pact on migration and asylum, proposing new and improved EU asylum and migration system procedures. The dynamics of these events show vividly that problems that seemed to have already been solved have returned with redoubled force. In particular, the protection of the linguistic rights of immigrants who enjoy the status of beneficiaries of international protection (BIP) comes to the fore. This issue has not yet received a systematic approach and elaboration. The protection of language rights is generally considered from the perspective of minority rights. The current policy on minority and regional languages in Europe is limited to the indigenous citizens of particular states and therefore does not cover foreigners who do not have the nationality of the country of permanent residence or who do not have the status of a national minority. Consequently, the personal and collective needs of BIP in the context of their language rights are not recognised. The research project will fill this gap. The planned research aims to create a standard for the protection of BIP's language rights based on global, regional and national regulatory frameworks by answering four fundamental questions: 1. How is the understanding of the minimum of language rights presented in the literature on the subject? 2. What international and regional norms should be considered as the necessary minimum for language rights of BIP on a regional, state and EU basis? 3. To what extent does the status of national minorities match the status of BIP in their possibility to use preferred languages in the public sphere? 4. What legal instruments are designed or should be implemented to protect that minimum for BIP? The primary function of human rights is the pervasive protection of the fundamental rights of all people. However, the lack of a standard of protection for the language rights of the individual contributes to a failure to respect the cultural and linguistic distinctiveness of BIP in the procedures applied to them. As a result, integration processes often lead to unequal treatment of BIP. European countries do not apply a single, common standard for guaranteeing language rights. Often, immigration policy is not based on the gradual and harmonious integration of BIP but on the assumption of their full assimilation into the host country. This is a discriminatory approach toward BIP. It fails to take any account of the communication and cultural needs of BIP. For example, in the educational systems of countries such as Poland or Latvia, a child must obtain a positive mark in the state language to be promoted to the next grade; these regulations do not consider the lack of previous experience in the chosen language. State language examinations according to rules that do not take into account previous linguistic experience are compulsory under most state educational quality assessment systems, which can pose a severe problem for BIP children. The requirement of knowledge of the state's language can also be a discriminatory factor in hiring or in administrative proceedings. All this makes the establishment of a minimum of language rights at the transnational level a necessary condition for granting adequate protection to the communicative and cultural needs of BIP for their language rights. The research project aims to set a standard of language rights protection for beneficiaries of international protection in Europe and formulate a new legal approach to the problem of harmonisation of BIP integration into the host society. The point of reference for the considerations will be the existing legal regulations concerning language rights at the level of the universal system of human rights (UN), supranational multilateral regulations, including the law of the EU and the Council of Europe, as well as the case-law of the European Court of Human Rights, the Human Rights Committee and the Court of Justice. The legal regulations in force in Europe and in the EU law will be compared with the federal legislation and the national migration policy of the United States of America. The solutions adopted in this country, both in the sphere of legal solutions and the policy towards immigrants, will be treated as exemplary due to the long-standing experience of integration processes and the application of anti-discrimination practices, as well as various possible variants of solutions in the national policy regulating language rights. As a result, the effectiveness of the current system for the protection of the linguistic rights of BIP will be established, as well as the current needs of this social group concerning language guarantees, to be able to formulate possible future legal solutions (i.e. de lege feredna proposals). The planned outcome of the project will be the creation of a model for the protection of the linguistic rights necessary (minimum) for the use of language in the public sphere and the definition of indicators allowing for a transparent assessment of the degree of protection in order to demonstrate that the required standard of linguistic guarantees is met. In this way, the research project also contributes, from a language rights perspective to the critical international debate on migrants' rights to fill existing legislative gaps in this area in both international and national law.\r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Special legislation from the perspective of legal theory and philosophy of law<\/b>
\u2022 NCN Prelude no.: 2022\/45\/B\/HS5\/00919
\u2022 Implementation period: January 16, 2023 \u2013 January 15, 2026
\u2022 Project manager: Dr. Mateusz Zeifert
\u2022 Nature of the project: promoter research project
\u2022 Budget: 269 088 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n The purpose of the project: The objective of the research is to obtain scientific knowledge about the phenomenon known as \u201cspecial legislation\u201d (in Polish \u2018specustawy\u2019) and to discuss it from the perspective of legal theory and philosophy of law. This is aimed at expanding the discussion about special legislation on the international level. The project will establish the methodological and conceptual foundations for future comparative research. In particular, the following questions should be answered: 1) What statutes are referred to as \"special legislation\"? 2) What is \u201cspecial\u201d about those statutes? 3) Does the application of special legislation by courts differ from the application of ordinary statutes? 4) What are the benefits and risks of enacting special legislation? 5) How similar challenges are dealt with in other Western legal systems? 2. Planned research: The project will consist of six main stages: 1) the study of the use of the term \u201cspecial legislation\u201d (\u201cspecustawa\u201d) and related terms; 2) the analysis of legislative acts considered as special legislation; 3) the attempt to formulate a definition of the concept of special legislation and delineate its scope from other related phenomena; 4) the analysis of the application of special legislation by courts; 5) the critical analysis of special legislation in light of legal-theoretical, constitutional and legalphilosophical concepts and values; 6) the comparison between Polish special legislation (\u201cspecustawy\u201d) and similar concepts known in other legal systems. 3. Justification for the selection of the research topic: Special legislation (also: \u201cexceptional legislation\u201d, \"incidental legislation\", etc.) has been a permanent element of the Polish legal order since the beginning of the 21st century, although the rules for its creation have not been specified in any legal act, and the regulations contained therein often raise fundamental reservations on the part of legal theorists and legal practitioners. It has been playing an increasingly important role in recent years. As indicated in the literature, in some areas of law, incidental legislation has become the rule, and ordinary legislation has become the exception. At the same time, so far the research on the phenomenon of special legislation has been conducted mainly within the specific disciplines of jurisprudence (administrative law, constitutional law, etc.). There are no general or comparative studies, and in particular, there is no legal-theoretical and legal-philosophical reflection about incidental legislation. A legal definition of the concept of special legislation has not been developed. There is the lack of more extensive research into its application and interpretation. No recommendations were formulated regarding its creation, both in terms of the political process and legislative technique. In this state of affair, the proposed research fills a very important gap in Polish and global jurisprudence, and its results may, in the longer term, inspire changes in the creation and application of law.\r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Legal instruments for air protection in Poland and the Czech Republic. Comparative Law Study <\/b>
\u2022 NCN Miniatura nr: 2023\/07\/X\/HS5\/00424
\u2022 >\u2022 Implementation period: 5 September 2023 \u2013 4 September 2024
\u2022 Project manager: dr Ewa Radecka
\u2022 Budget: 19 267 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n Taking up this research topic results from the necessity of a broader study of this matter, along with a juxtaposition of Polish and foreign (Czech) solutions. The reference to the Czech legal system stems from its geographical proximity (proximity to Poland), similar problems (post-communist state) and membership in the EU. Despite these obvious similarities, the two countries deal with air protection in completely different ways. According to reports from the European Environment Agency, the Czech Republic has better air quality than Poland (https:\/\/www.eea.europa.eu\/themes\/air\/country-fact-sheets\/2022-country-fact-sheets\/czechia-air-pollution-country). The analysis within the project will allow to determine how Poland and the Czech Republic have normalized this topic, which will be the starting point for a comparative study, which is particularly needed in order to develop an appropriate (i.e. effective and protective) model of air protection in Poland. This, in turn, will give an opportunity to answer the question whether it is expedient and possible to adapt some of the solutions known in the foreign legal system to the Polish legislation and whether this could contribute to the development of effective and efficient Polish legislation in the field of air protection, i.e. effectively protecting both this component of the environment and fauna, flora, as well as human health and life.\r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n
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\r\n \r\n \r\n Export of dual-use products to conflict-affected areas. Between the duty and the standard of due diligence for businesses in European Union law <\/b>
\r\n \r\n Export of dual-use products to conflict-affected areas. Between the duty and the standard of due diligence for businesses in European Union law <\/b>
\u2022 NCN Sonata 20 nr: 2024\/55\/D\/HS5\/02365
\u2022 Implementation period: November 26, 2025 \u2013 November 25, 2029
\u2022 Project manager: dr Dominika Iwan - Sojka
\u2022 Budget: 487 148 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Green Fashion - a Sustainable TCLF Sector through Patents and Innovations<\/b>
\u2022 NCN OPUS reg. no. 2025\/57\/B\/HS5\/04766
\u2022 Implementation period: February 2, 2026 - February 1, 2029
\u2022 Project manager: Dr. hab. Marlena Maria Jankowska-Augustyn, Prof. of the University of Silesia
\u2022 Budget: PLN 285,880\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Algorithmic Management and the Protection of Workers' Rights<\/b>
\u2022 NCN PRELUDIUM, registration no. 2025\/57\/N\/HS5\/01932
\u2022 Implementation period:
\u2022 Project manager: `M.A. Mi\u0142osz Bar\u0142\u00f3g
\u2022 Budget: PLN 166,042
\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Images of Unportrayed Relationships. A Socio-Legal Analysis of Romantic Relationships of People with Intellectual Disabilities<\/b>
\u2022 NCN OPUS, registration no. 2025\/57\/B\/HS5\/04655
\u2022 Implementation period: Februar 2, 2026 - Februar 1, 2026
\u2022 Project manager: Ph.D. Marlena Katarzyna Drapalska-Grochowicz
\u2022 Budget: PLN 456,265
\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n A New Paradigm for the Protection of Geographical Indications for Non-Agricultural Products in the EU: Comparative Legal Analysis and Proposal for a Control Model<\/b>
\u2022 NCN PRELUDIUM, registration no. 2025\/57\/N\/HS5\/00645
\u2022 Implementation period: January 28, 2026 - January 27, 2029
\u2022 Project manager: M.A. Wiktoria Sikorska
\u2022 Budget: PLN 175,537\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n <\/div> \r\n [\/vc_tta_section][vc_tta_section title=”NCN Projects 2024″ tab_id=”1689841379431-e511924e-3b95″]\r\n \r\n \r\n \r\n <\/p>\n<\/div>\r\n <\/div>\r\n <\/div>\r\n
\r\n <\/h3>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Conceptual metaphors in criminal mediation \u2013 the social workings of law<\/b>
\u2022 NCN PRELUDIUM no.: 2023\/49\/N\/HS5\/03297
\u2022 Implementation period: 1 February 2024 - 31 January 2027
\u2022 Principal investigator: Wojciech Leder, MSc
\u2022 Budget: 205 765 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Constitutional Zugzwang: Towards a theory of constitutional momentum change<\/b>
\u2022 NCN OPUS no.: 2023\/51\/B\/HS5\/01018
\u2022 Implementation period: October 1, 2024 \u2013 September 30, 2028
\u2022 Project manager: Dr. Mauro Arturo Rivera Le\u00f3n
\u2022 Budget: 1 852 143 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n The aim of the Zugzwang Project is to prove that some countries are falling into what the project calls a 'constitutional Zugzwang', i.e. a dynamic of frequent change that has negative systemic effects. Its purpose is to define, measure and quantify them. By means of a comparative analysis of the law, the Zugzwang Project will make a pre-selection of countries where a constitutional Zugzwang is likely to have occurred. This will create a national historical dataset of change so that episodes of acceleration can be identified by a set of relevant indicators, e.g. a compound annual growth rate or a time-series analysis technique.\r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n The use of procedural coercive measures against persons with mental disorders in Polish criminal proceedings in the light of EU and international law standards<\/b>
\u2022 NCN PRELUDIUM no.: 2023\/49\/N\/HS5\/02863
\u2022 Implementation period: July 10. 2024 - July 9. 2027
\u2022 Project manager: Marcin Burdzik, PhD
\u2022 Budget: 145 991 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n The aim of the research project is to solve the problem of the use of coercive measures provided for in the Act 6.06.1997 \u2013 Code of Criminal Procedure (Journal of Laws of 2022, item 1375) against persons with mental disorders, in the context of international and EU standards of human rights protection, and to assess the adequacy of the guarantee mechanisms provided therein. Due to the interdisciplinary, legal and medical nature of the issue, research is carried out simultaneously in four areas: medical, international law, EU law and national law. The aim of the research conducted in the first area is to identify legally significant symptoms of individual mental disorders, i.e. symptoms that may be relevant in the context of the use of coercive measures. At this stage, the achievements of medical sciences in the field of psychiatry and the leading classifications of diseases (ICD-11, ICD-10, DSM-5) will be taken into account.\nIn the next stages, international, EU and national regulations will be analyzed, respectively, along with the achievements of doctrine and jurisprudence. The aim of these activities is to identify guarantee mechanisms that may be used to protect the rights of persons with mental disorders against whom coercive measures are applied. The implementation of the project will lead to a holistic analysis of the presented issue. Its effect will be a review of the provisions regulating the use of coercive measures in the Polish criminal process and an assessment of the adequacy of the guarantee mechanisms provided in this respect. The identification of national guarantee mechanisms will allow for their subsequent assessment in the context of solutions provided for in international and EU law. Finally, the findings in all four areas will help identify legal solutions that, due to their inadequacy, threaten the rights of persons with mental disorders against whom coercive measures are applied. The results of ...\n\r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Judicial actualization of the meaning of a legal text in changing circumstances. Comparative law approach<\/b>
\u2022 NCN SONATA no.: 2023\/51\/D\/HS5\/00316
\u2022 Implementation period: October 1. 2024-September 30. 2027
\u2022 Project manager: Paulina Konca, PhD
\u2022 Budget: 647 874 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n The project has two main objectives. The first is to determine and compare how the courts of selected countries update the meaning of legal provisions, i.e. adapt their content to changing circumstances. The research will be of a comparative legal nature. Three countries will be compared: Poland, Spain and Ireland. The second objective is to determine the consequences of formulating update directives with such and not other content and in such and not another form (provisions or established jurisprudence practice - the solutions adopted in the analysed countries regarding the updating rules have different status):\nFirst of all, how does the judicial actualization of the meaning affect the position of the legislator and the courts in the light of the principle of the separation of powers and what impact does it have on the implementation of the principle of legal certainty. The research will consist of an analysis of the legislation and case law of selected countries and relevant literature. The draft may significantly deepen the understanding of the functioning of the principles of updating in the conditions of their formal codification or free shaping by judicial practice, and constitute an important contribution to the discussion on the role of the judge in a democratic state ruled by law and the ways and limitations of implementing such values as legal certainty.\n\r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Foundations. Sources, genesis and assessment of the sustainability of the work of the Codification Commission of the Republic of Poland<\/b>
\u2022 NCN OPUS no.: 2023\/51\/B\/HS5\/01933
\u2022 Implementation period: July 18, 2024-July 17, 2027
\u2022 Project manager: dr Grzegorz Nancka
\u2022 Budget: 291 592 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n The aim of this project is to determine whether the work of the Codification Commission of the Republic of Poland from the years 1919-1939 can be treated as the foundation of contemporary Polish basic civil concepts. The research covers those branches of law that were not codified in interwar Poland, i.e. the general part of civil law, property law, inheritance law and family law (including matrimonial law). The source basis for the research are unique, hitherto unknown sources on the history of the codification of law in interwar Poland, including the products of the Commission's activities, found in the\nduring preliminary examinations. Thanks to this, the research opens up a previously non-existent perspective on the comparison of materials from the codification of law in interwar Poland with the decrees coming into force immediately after World War II and later the Civil Code of 1964 and the Family and Guardianship Code of 1964. There are several reasons for the need to undertake tests in the indicated scope. The implementation of the project will contribute to filling a significant gap in knowledge about the Commission's activities in the scope indicated in this project. This issue has not yet been studied globally, and the project itself will enable discussion on this topic not only on the national, but also on a broad, international level.\n\r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Environmental Impact Assessments in Poland and the Czech Republic. A comparative legal study<\/b>
\u2022 NCN MINIATURA 8 no.: 2024\/08\/X\/HS5\/00709
\u2022 Implementation period: October 11, 2024-October 10, 2027
\u2022 Project manager: dr Filip Nawrot
\u2022 Budget: 13 218 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Taking plastic trees and bad sex seriously. Fresh insights into the liberal vs. legal moralism debate over coercive regulation<\/b>
\u2022 NCN OPUS no.: 2024\/53\/B\/HS5\/04354
\u2022 Implementation period:
\u2022 Project manager: dr Maciej Juzaszek
\u2022 Budget: 1 024 589 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Carbon farming model - a comparative study<\/b>
\u2022 NCN MINIATURA 8 no.: 2024\/08\/X\/HS5\/01569
\u2022 Implementation period: December 10. 2024 - December 9. 2025
\u2022 Project manager: dr Monika \u0141ata
\u2022 Budget: 25 021 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Instruments of long-term shareholder engagement in listed companies - a comparative analysis<\/b>
\u2022 NCN PRELUDIUM 23 no.: 2024\/53\/N\/HS5\/00255
\u2022 Implementation period: January 24., 2025 - January 23., 2027
\u2022 Project manager: mgr Dominik Mizerski
\u2022 Budget: 74 055 PLN PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Ecological law of obligations - transformation of European private law from the perspective of Chinese civil code provisions<\/b>
\u2022 NCN PRELUDIUM 23 no.: 2024\/53\/N\/HS5\/03550
\u2022 Implementation period: January 27, 2025 - January 26., 2028
\u2022 Project manager: mgr Jakub Zwierzchowski
\u2022 Budget: 172 000 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n <\/div> \r\n [\/vc_tta_section][vc_tta_section title=”NCN Projects 2023″ tab_id=”1720095342289-c33acf51-6f65″]\r\n \r\n \r\n \r\n <\/p>\n<\/div>\r\n <\/div>\r\n <\/div>\r\n
\r\n <\/h3>\r\n \r\n \r\n \r\n \r\n \r\n \r\n The language rights protection standard for beneficiaries of international protection in Europe: A new legal approach to harmonize integration<\/b>
\u2022 NCN Prelude no.: 2022\/45\/N\/HS5\/00961
\u2022 Implementation period: January 15, 2023 \u2013 January 24, 2026
\u2022 Project manager: mgr Illia Klinytskyi
\u2022 Project supervisor: Prof. Maria Coady
\u2022 Nature of the project: promoter research project
\u2022 Budget: 141 405 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n For over a decade, most European Union countries have been at the epicentre of migration processes. Only the current armed conflict between Russia and Ukraine, according to UNHCR forecasts, will cause an influx of refugees to Poland, i.e. at least 4,300,000 by the end of 2022. Considering the dynamics of these phenomena, still in October 2020, the European Commission proposed a new pact on migration and asylum, proposing new and improved EU asylum and migration system procedures. The dynamics of these events show vividly that problems that seemed to have already been solved have returned with redoubled force. In particular, the protection of the linguistic rights of immigrants who enjoy the status of beneficiaries of international protection (BIP) comes to the fore. This issue has not yet received a systematic approach and elaboration. The protection of language rights is generally considered from the perspective of minority rights. The current policy on minority and regional languages in Europe is limited to the indigenous citizens of particular states and therefore does not cover foreigners who do not have the nationality of the country of permanent residence or who do not have the status of a national minority. Consequently, the personal and collective needs of BIP in the context of their language rights are not recognised. The research project will fill this gap. The planned research aims to create a standard for the protection of BIP's language rights based on global, regional and national regulatory frameworks by answering four fundamental questions: 1. How is the understanding of the minimum of language rights presented in the literature on the subject? 2. What international and regional norms should be considered as the necessary minimum for language rights of BIP on a regional, state and EU basis? 3. To what extent does the status of national minorities match the status of BIP in their possibility to use preferred languages in the public sphere? 4. What legal instruments are designed or should be implemented to protect that minimum for BIP? The primary function of human rights is the pervasive protection of the fundamental rights of all people. However, the lack of a standard of protection for the language rights of the individual contributes to a failure to respect the cultural and linguistic distinctiveness of BIP in the procedures applied to them. As a result, integration processes often lead to unequal treatment of BIP. European countries do not apply a single, common standard for guaranteeing language rights. Often, immigration policy is not based on the gradual and harmonious integration of BIP but on the assumption of their full assimilation into the host country. This is a discriminatory approach toward BIP. It fails to take any account of the communication and cultural needs of BIP. For example, in the educational systems of countries such as Poland or Latvia, a child must obtain a positive mark in the state language to be promoted to the next grade; these regulations do not consider the lack of previous experience in the chosen language. State language examinations according to rules that do not take into account previous linguistic experience are compulsory under most state educational quality assessment systems, which can pose a severe problem for BIP children. The requirement of knowledge of the state's language can also be a discriminatory factor in hiring or in administrative proceedings. All this makes the establishment of a minimum of language rights at the transnational level a necessary condition for granting adequate protection to the communicative and cultural needs of BIP for their language rights. The research project aims to set a standard of language rights protection for beneficiaries of international protection in Europe and formulate a new legal approach to the problem of harmonisation of BIP integration into the host society. The point of reference for the considerations will be the existing legal regulations concerning language rights at the level of the universal system of human rights (UN), supranational multilateral regulations, including the law of the EU and the Council of Europe, as well as the case-law of the European Court of Human Rights, the Human Rights Committee and the Court of Justice. The legal regulations in force in Europe and in the EU law will be compared with the federal legislation and the national migration policy of the United States of America. The solutions adopted in this country, both in the sphere of legal solutions and the policy towards immigrants, will be treated as exemplary due to the long-standing experience of integration processes and the application of anti-discrimination practices, as well as various possible variants of solutions in the national policy regulating language rights. As a result, the effectiveness of the current system for the protection of the linguistic rights of BIP will be established, as well as the current needs of this social group concerning language guarantees, to be able to formulate possible future legal solutions (i.e. de lege feredna proposals). The planned outcome of the project will be the creation of a model for the protection of the linguistic rights necessary (minimum) for the use of language in the public sphere and the definition of indicators allowing for a transparent assessment of the degree of protection in order to demonstrate that the required standard of linguistic guarantees is met. In this way, the research project also contributes, from a language rights perspective to the critical international debate on migrants' rights to fill existing legislative gaps in this area in both international and national law.\r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Special legislation from the perspective of legal theory and philosophy of law<\/b>
\u2022 NCN Prelude no.: 2022\/45\/B\/HS5\/00919
\u2022 Implementation period: January 16, 2023 \u2013 January 15, 2026
\u2022 Project manager: Dr. Mateusz Zeifert
\u2022 Nature of the project: promoter research project
\u2022 Budget: 269 088 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n The purpose of the project: The objective of the research is to obtain scientific knowledge about the phenomenon known as \u201cspecial legislation\u201d (in Polish \u2018specustawy\u2019) and to discuss it from the perspective of legal theory and philosophy of law. This is aimed at expanding the discussion about special legislation on the international level. The project will establish the methodological and conceptual foundations for future comparative research. In particular, the following questions should be answered: 1) What statutes are referred to as \"special legislation\"? 2) What is \u201cspecial\u201d about those statutes? 3) Does the application of special legislation by courts differ from the application of ordinary statutes? 4) What are the benefits and risks of enacting special legislation? 5) How similar challenges are dealt with in other Western legal systems? 2. Planned research: The project will consist of six main stages: 1) the study of the use of the term \u201cspecial legislation\u201d (\u201cspecustawa\u201d) and related terms; 2) the analysis of legislative acts considered as special legislation; 3) the attempt to formulate a definition of the concept of special legislation and delineate its scope from other related phenomena; 4) the analysis of the application of special legislation by courts; 5) the critical analysis of special legislation in light of legal-theoretical, constitutional and legalphilosophical concepts and values; 6) the comparison between Polish special legislation (\u201cspecustawy\u201d) and similar concepts known in other legal systems. 3. Justification for the selection of the research topic: Special legislation (also: \u201cexceptional legislation\u201d, \"incidental legislation\", etc.) has been a permanent element of the Polish legal order since the beginning of the 21st century, although the rules for its creation have not been specified in any legal act, and the regulations contained therein often raise fundamental reservations on the part of legal theorists and legal practitioners. It has been playing an increasingly important role in recent years. As indicated in the literature, in some areas of law, incidental legislation has become the rule, and ordinary legislation has become the exception. At the same time, so far the research on the phenomenon of special legislation has been conducted mainly within the specific disciplines of jurisprudence (administrative law, constitutional law, etc.). There are no general or comparative studies, and in particular, there is no legal-theoretical and legal-philosophical reflection about incidental legislation. A legal definition of the concept of special legislation has not been developed. There is the lack of more extensive research into its application and interpretation. No recommendations were formulated regarding its creation, both in terms of the political process and legislative technique. In this state of affair, the proposed research fills a very important gap in Polish and global jurisprudence, and its results may, in the longer term, inspire changes in the creation and application of law.\r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Legal instruments for air protection in Poland and the Czech Republic. Comparative Law Study <\/b>
\u2022 NCN Miniatura nr: 2023\/07\/X\/HS5\/00424
\u2022 >\u2022 Implementation period: 5 September 2023 \u2013 4 September 2024
\u2022 Project manager: dr Ewa Radecka
\u2022 Budget: 19 267 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n Taking up this research topic results from the necessity of a broader study of this matter, along with a juxtaposition of Polish and foreign (Czech) solutions. The reference to the Czech legal system stems from its geographical proximity (proximity to Poland), similar problems (post-communist state) and membership in the EU. Despite these obvious similarities, the two countries deal with air protection in completely different ways. According to reports from the European Environment Agency, the Czech Republic has better air quality than Poland (https:\/\/www.eea.europa.eu\/themes\/air\/country-fact-sheets\/2022-country-fact-sheets\/czechia-air-pollution-country). The analysis within the project will allow to determine how Poland and the Czech Republic have normalized this topic, which will be the starting point for a comparative study, which is particularly needed in order to develop an appropriate (i.e. effective and protective) model of air protection in Poland. This, in turn, will give an opportunity to answer the question whether it is expedient and possible to adapt some of the solutions known in the foreign legal system to the Polish legislation and whether this could contribute to the development of effective and efficient Polish legislation in the field of air protection, i.e. effectively protecting both this component of the environment and fauna, flora, as well as human health and life.\r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n
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\r\n \r\n \r\n Green Fashion - a Sustainable TCLF Sector through Patents and Innovations<\/b>
\r\n \r\n Green Fashion - a Sustainable TCLF Sector through Patents and Innovations<\/b>
\u2022 NCN OPUS reg. no. 2025\/57\/B\/HS5\/04766
\u2022 Implementation period: February 2, 2026 - February 1, 2029
\u2022 Project manager: Dr. hab. Marlena Maria Jankowska-Augustyn, Prof. of the University of Silesia
\u2022 Budget: PLN 285,880\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Algorithmic Management and the Protection of Workers' Rights<\/b>
\u2022 NCN PRELUDIUM, registration no. 2025\/57\/N\/HS5\/01932
\u2022 Implementation period:
\u2022 Project manager: `M.A. Mi\u0142osz Bar\u0142\u00f3g
\u2022 Budget: PLN 166,042
\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Images of Unportrayed Relationships. A Socio-Legal Analysis of Romantic Relationships of People with Intellectual Disabilities<\/b>
\u2022 NCN OPUS, registration no. 2025\/57\/B\/HS5\/04655
\u2022 Implementation period: Februar 2, 2026 - Februar 1, 2026
\u2022 Project manager: Ph.D. Marlena Katarzyna Drapalska-Grochowicz
\u2022 Budget: PLN 456,265
\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n A New Paradigm for the Protection of Geographical Indications for Non-Agricultural Products in the EU: Comparative Legal Analysis and Proposal for a Control Model<\/b>
\u2022 NCN PRELUDIUM, registration no. 2025\/57\/N\/HS5\/00645
\u2022 Implementation period: January 28, 2026 - January 27, 2029
\u2022 Project manager: M.A. Wiktoria Sikorska
\u2022 Budget: PLN 175,537\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n <\/div> \r\n [\/vc_tta_section][vc_tta_section title=”NCN Projects 2024″ tab_id=”1689841379431-e511924e-3b95″]\r\n \r\n \r\n \r\n <\/p>\n<\/div>\r\n <\/div>\r\n <\/div>\r\n
\r\n <\/h3>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Conceptual metaphors in criminal mediation \u2013 the social workings of law<\/b>
\u2022 NCN PRELUDIUM no.: 2023\/49\/N\/HS5\/03297
\u2022 Implementation period: 1 February 2024 - 31 January 2027
\u2022 Principal investigator: Wojciech Leder, MSc
\u2022 Budget: 205 765 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Constitutional Zugzwang: Towards a theory of constitutional momentum change<\/b>
\u2022 NCN OPUS no.: 2023\/51\/B\/HS5\/01018
\u2022 Implementation period: October 1, 2024 \u2013 September 30, 2028
\u2022 Project manager: Dr. Mauro Arturo Rivera Le\u00f3n
\u2022 Budget: 1 852 143 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n The aim of the Zugzwang Project is to prove that some countries are falling into what the project calls a 'constitutional Zugzwang', i.e. a dynamic of frequent change that has negative systemic effects. Its purpose is to define, measure and quantify them. By means of a comparative analysis of the law, the Zugzwang Project will make a pre-selection of countries where a constitutional Zugzwang is likely to have occurred. This will create a national historical dataset of change so that episodes of acceleration can be identified by a set of relevant indicators, e.g. a compound annual growth rate or a time-series analysis technique.\r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n The use of procedural coercive measures against persons with mental disorders in Polish criminal proceedings in the light of EU and international law standards<\/b>
\u2022 NCN PRELUDIUM no.: 2023\/49\/N\/HS5\/02863
\u2022 Implementation period: July 10. 2024 - July 9. 2027
\u2022 Project manager: Marcin Burdzik, PhD
\u2022 Budget: 145 991 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n The aim of the research project is to solve the problem of the use of coercive measures provided for in the Act 6.06.1997 \u2013 Code of Criminal Procedure (Journal of Laws of 2022, item 1375) against persons with mental disorders, in the context of international and EU standards of human rights protection, and to assess the adequacy of the guarantee mechanisms provided therein. Due to the interdisciplinary, legal and medical nature of the issue, research is carried out simultaneously in four areas: medical, international law, EU law and national law. The aim of the research conducted in the first area is to identify legally significant symptoms of individual mental disorders, i.e. symptoms that may be relevant in the context of the use of coercive measures. At this stage, the achievements of medical sciences in the field of psychiatry and the leading classifications of diseases (ICD-11, ICD-10, DSM-5) will be taken into account.\nIn the next stages, international, EU and national regulations will be analyzed, respectively, along with the achievements of doctrine and jurisprudence. The aim of these activities is to identify guarantee mechanisms that may be used to protect the rights of persons with mental disorders against whom coercive measures are applied. The implementation of the project will lead to a holistic analysis of the presented issue. Its effect will be a review of the provisions regulating the use of coercive measures in the Polish criminal process and an assessment of the adequacy of the guarantee mechanisms provided in this respect. The identification of national guarantee mechanisms will allow for their subsequent assessment in the context of solutions provided for in international and EU law. Finally, the findings in all four areas will help identify legal solutions that, due to their inadequacy, threaten the rights of persons with mental disorders against whom coercive measures are applied. The results of ...\n\r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Judicial actualization of the meaning of a legal text in changing circumstances. Comparative law approach<\/b>
\u2022 NCN SONATA no.: 2023\/51\/D\/HS5\/00316
\u2022 Implementation period: October 1. 2024-September 30. 2027
\u2022 Project manager: Paulina Konca, PhD
\u2022 Budget: 647 874 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n The project has two main objectives. The first is to determine and compare how the courts of selected countries update the meaning of legal provisions, i.e. adapt their content to changing circumstances. The research will be of a comparative legal nature. Three countries will be compared: Poland, Spain and Ireland. The second objective is to determine the consequences of formulating update directives with such and not other content and in such and not another form (provisions or established jurisprudence practice - the solutions adopted in the analysed countries regarding the updating rules have different status):\nFirst of all, how does the judicial actualization of the meaning affect the position of the legislator and the courts in the light of the principle of the separation of powers and what impact does it have on the implementation of the principle of legal certainty. The research will consist of an analysis of the legislation and case law of selected countries and relevant literature. The draft may significantly deepen the understanding of the functioning of the principles of updating in the conditions of their formal codification or free shaping by judicial practice, and constitute an important contribution to the discussion on the role of the judge in a democratic state ruled by law and the ways and limitations of implementing such values as legal certainty.\n\r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Foundations. Sources, genesis and assessment of the sustainability of the work of the Codification Commission of the Republic of Poland<\/b>
\u2022 NCN OPUS no.: 2023\/51\/B\/HS5\/01933
\u2022 Implementation period: July 18, 2024-July 17, 2027
\u2022 Project manager: dr Grzegorz Nancka
\u2022 Budget: 291 592 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n The aim of this project is to determine whether the work of the Codification Commission of the Republic of Poland from the years 1919-1939 can be treated as the foundation of contemporary Polish basic civil concepts. The research covers those branches of law that were not codified in interwar Poland, i.e. the general part of civil law, property law, inheritance law and family law (including matrimonial law). The source basis for the research are unique, hitherto unknown sources on the history of the codification of law in interwar Poland, including the products of the Commission's activities, found in the\nduring preliminary examinations. Thanks to this, the research opens up a previously non-existent perspective on the comparison of materials from the codification of law in interwar Poland with the decrees coming into force immediately after World War II and later the Civil Code of 1964 and the Family and Guardianship Code of 1964. There are several reasons for the need to undertake tests in the indicated scope. The implementation of the project will contribute to filling a significant gap in knowledge about the Commission's activities in the scope indicated in this project. This issue has not yet been studied globally, and the project itself will enable discussion on this topic not only on the national, but also on a broad, international level.\n\r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Environmental Impact Assessments in Poland and the Czech Republic. A comparative legal study<\/b>
\u2022 NCN MINIATURA 8 no.: 2024\/08\/X\/HS5\/00709
\u2022 Implementation period: October 11, 2024-October 10, 2027
\u2022 Project manager: dr Filip Nawrot
\u2022 Budget: 13 218 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Taking plastic trees and bad sex seriously. Fresh insights into the liberal vs. legal moralism debate over coercive regulation<\/b>
\u2022 NCN OPUS no.: 2024\/53\/B\/HS5\/04354
\u2022 Implementation period:
\u2022 Project manager: dr Maciej Juzaszek
\u2022 Budget: 1 024 589 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Carbon farming model - a comparative study<\/b>
\u2022 NCN MINIATURA 8 no.: 2024\/08\/X\/HS5\/01569
\u2022 Implementation period: December 10. 2024 - December 9. 2025
\u2022 Project manager: dr Monika \u0141ata
\u2022 Budget: 25 021 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Instruments of long-term shareholder engagement in listed companies - a comparative analysis<\/b>
\u2022 NCN PRELUDIUM 23 no.: 2024\/53\/N\/HS5\/00255
\u2022 Implementation period: January 24., 2025 - January 23., 2027
\u2022 Project manager: mgr Dominik Mizerski
\u2022 Budget: 74 055 PLN PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Ecological law of obligations - transformation of European private law from the perspective of Chinese civil code provisions<\/b>
\u2022 NCN PRELUDIUM 23 no.: 2024\/53\/N\/HS5\/03550
\u2022 Implementation period: January 27, 2025 - January 26., 2028
\u2022 Project manager: mgr Jakub Zwierzchowski
\u2022 Budget: 172 000 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n <\/div> \r\n [\/vc_tta_section][vc_tta_section title=”NCN Projects 2023″ tab_id=”1720095342289-c33acf51-6f65″]\r\n \r\n \r\n \r\n <\/p>\n<\/div>\r\n <\/div>\r\n <\/div>\r\n
\r\n <\/h3>\r\n \r\n \r\n \r\n \r\n \r\n \r\n The language rights protection standard for beneficiaries of international protection in Europe: A new legal approach to harmonize integration<\/b>
\u2022 NCN Prelude no.: 2022\/45\/N\/HS5\/00961
\u2022 Implementation period: January 15, 2023 \u2013 January 24, 2026
\u2022 Project manager: mgr Illia Klinytskyi
\u2022 Project supervisor: Prof. Maria Coady
\u2022 Nature of the project: promoter research project
\u2022 Budget: 141 405 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n For over a decade, most European Union countries have been at the epicentre of migration processes. Only the current armed conflict between Russia and Ukraine, according to UNHCR forecasts, will cause an influx of refugees to Poland, i.e. at least 4,300,000 by the end of 2022. Considering the dynamics of these phenomena, still in October 2020, the European Commission proposed a new pact on migration and asylum, proposing new and improved EU asylum and migration system procedures. The dynamics of these events show vividly that problems that seemed to have already been solved have returned with redoubled force. In particular, the protection of the linguistic rights of immigrants who enjoy the status of beneficiaries of international protection (BIP) comes to the fore. This issue has not yet received a systematic approach and elaboration. The protection of language rights is generally considered from the perspective of minority rights. The current policy on minority and regional languages in Europe is limited to the indigenous citizens of particular states and therefore does not cover foreigners who do not have the nationality of the country of permanent residence or who do not have the status of a national minority. Consequently, the personal and collective needs of BIP in the context of their language rights are not recognised. The research project will fill this gap. The planned research aims to create a standard for the protection of BIP's language rights based on global, regional and national regulatory frameworks by answering four fundamental questions: 1. How is the understanding of the minimum of language rights presented in the literature on the subject? 2. What international and regional norms should be considered as the necessary minimum for language rights of BIP on a regional, state and EU basis? 3. To what extent does the status of national minorities match the status of BIP in their possibility to use preferred languages in the public sphere? 4. What legal instruments are designed or should be implemented to protect that minimum for BIP? The primary function of human rights is the pervasive protection of the fundamental rights of all people. However, the lack of a standard of protection for the language rights of the individual contributes to a failure to respect the cultural and linguistic distinctiveness of BIP in the procedures applied to them. As a result, integration processes often lead to unequal treatment of BIP. European countries do not apply a single, common standard for guaranteeing language rights. Often, immigration policy is not based on the gradual and harmonious integration of BIP but on the assumption of their full assimilation into the host country. This is a discriminatory approach toward BIP. It fails to take any account of the communication and cultural needs of BIP. For example, in the educational systems of countries such as Poland or Latvia, a child must obtain a positive mark in the state language to be promoted to the next grade; these regulations do not consider the lack of previous experience in the chosen language. State language examinations according to rules that do not take into account previous linguistic experience are compulsory under most state educational quality assessment systems, which can pose a severe problem for BIP children. The requirement of knowledge of the state's language can also be a discriminatory factor in hiring or in administrative proceedings. All this makes the establishment of a minimum of language rights at the transnational level a necessary condition for granting adequate protection to the communicative and cultural needs of BIP for their language rights. The research project aims to set a standard of language rights protection for beneficiaries of international protection in Europe and formulate a new legal approach to the problem of harmonisation of BIP integration into the host society. The point of reference for the considerations will be the existing legal regulations concerning language rights at the level of the universal system of human rights (UN), supranational multilateral regulations, including the law of the EU and the Council of Europe, as well as the case-law of the European Court of Human Rights, the Human Rights Committee and the Court of Justice. The legal regulations in force in Europe and in the EU law will be compared with the federal legislation and the national migration policy of the United States of America. The solutions adopted in this country, both in the sphere of legal solutions and the policy towards immigrants, will be treated as exemplary due to the long-standing experience of integration processes and the application of anti-discrimination practices, as well as various possible variants of solutions in the national policy regulating language rights. As a result, the effectiveness of the current system for the protection of the linguistic rights of BIP will be established, as well as the current needs of this social group concerning language guarantees, to be able to formulate possible future legal solutions (i.e. de lege feredna proposals). The planned outcome of the project will be the creation of a model for the protection of the linguistic rights necessary (minimum) for the use of language in the public sphere and the definition of indicators allowing for a transparent assessment of the degree of protection in order to demonstrate that the required standard of linguistic guarantees is met. In this way, the research project also contributes, from a language rights perspective to the critical international debate on migrants' rights to fill existing legislative gaps in this area in both international and national law.\r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Special legislation from the perspective of legal theory and philosophy of law<\/b>
\u2022 NCN Prelude no.: 2022\/45\/B\/HS5\/00919
\u2022 Implementation period: January 16, 2023 \u2013 January 15, 2026
\u2022 Project manager: Dr. Mateusz Zeifert
\u2022 Nature of the project: promoter research project
\u2022 Budget: 269 088 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n The purpose of the project: The objective of the research is to obtain scientific knowledge about the phenomenon known as \u201cspecial legislation\u201d (in Polish \u2018specustawy\u2019) and to discuss it from the perspective of legal theory and philosophy of law. This is aimed at expanding the discussion about special legislation on the international level. The project will establish the methodological and conceptual foundations for future comparative research. In particular, the following questions should be answered: 1) What statutes are referred to as \"special legislation\"? 2) What is \u201cspecial\u201d about those statutes? 3) Does the application of special legislation by courts differ from the application of ordinary statutes? 4) What are the benefits and risks of enacting special legislation? 5) How similar challenges are dealt with in other Western legal systems? 2. Planned research: The project will consist of six main stages: 1) the study of the use of the term \u201cspecial legislation\u201d (\u201cspecustawa\u201d) and related terms; 2) the analysis of legislative acts considered as special legislation; 3) the attempt to formulate a definition of the concept of special legislation and delineate its scope from other related phenomena; 4) the analysis of the application of special legislation by courts; 5) the critical analysis of special legislation in light of legal-theoretical, constitutional and legalphilosophical concepts and values; 6) the comparison between Polish special legislation (\u201cspecustawy\u201d) and similar concepts known in other legal systems. 3. Justification for the selection of the research topic: Special legislation (also: \u201cexceptional legislation\u201d, \"incidental legislation\", etc.) has been a permanent element of the Polish legal order since the beginning of the 21st century, although the rules for its creation have not been specified in any legal act, and the regulations contained therein often raise fundamental reservations on the part of legal theorists and legal practitioners. It has been playing an increasingly important role in recent years. As indicated in the literature, in some areas of law, incidental legislation has become the rule, and ordinary legislation has become the exception. At the same time, so far the research on the phenomenon of special legislation has been conducted mainly within the specific disciplines of jurisprudence (administrative law, constitutional law, etc.). There are no general or comparative studies, and in particular, there is no legal-theoretical and legal-philosophical reflection about incidental legislation. A legal definition of the concept of special legislation has not been developed. There is the lack of more extensive research into its application and interpretation. No recommendations were formulated regarding its creation, both in terms of the political process and legislative technique. In this state of affair, the proposed research fills a very important gap in Polish and global jurisprudence, and its results may, in the longer term, inspire changes in the creation and application of law.\r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Legal instruments for air protection in Poland and the Czech Republic. Comparative Law Study <\/b>
\u2022 NCN Miniatura nr: 2023\/07\/X\/HS5\/00424
\u2022 >\u2022 Implementation period: 5 September 2023 \u2013 4 September 2024
\u2022 Project manager: dr Ewa Radecka
\u2022 Budget: 19 267 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n Taking up this research topic results from the necessity of a broader study of this matter, along with a juxtaposition of Polish and foreign (Czech) solutions. The reference to the Czech legal system stems from its geographical proximity (proximity to Poland), similar problems (post-communist state) and membership in the EU. Despite these obvious similarities, the two countries deal with air protection in completely different ways. According to reports from the European Environment Agency, the Czech Republic has better air quality than Poland (https:\/\/www.eea.europa.eu\/themes\/air\/country-fact-sheets\/2022-country-fact-sheets\/czechia-air-pollution-country). The analysis within the project will allow to determine how Poland and the Czech Republic have normalized this topic, which will be the starting point for a comparative study, which is particularly needed in order to develop an appropriate (i.e. effective and protective) model of air protection in Poland. This, in turn, will give an opportunity to answer the question whether it is expedient and possible to adapt some of the solutions known in the foreign legal system to the Polish legislation and whether this could contribute to the development of effective and efficient Polish legislation in the field of air protection, i.e. effectively protecting both this component of the environment and fauna, flora, as well as human health and life.\r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n
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\r\n \r\n Algorithmic Management and the Protection of Workers' Rights<\/b>
\u2022 NCN PRELUDIUM, registration no. 2025\/57\/N\/HS5\/01932
\u2022 Implementation period:
\u2022 Project manager: `M.A. Mi\u0142osz Bar\u0142\u00f3g
\u2022 Budget: PLN 166,042
\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Images of Unportrayed Relationships. A Socio-Legal Analysis of Romantic Relationships of People with Intellectual Disabilities<\/b>
\u2022 NCN OPUS, registration no. 2025\/57\/B\/HS5\/04655
\u2022 Implementation period: Februar 2, 2026 - Februar 1, 2026
\u2022 Project manager: Ph.D. Marlena Katarzyna Drapalska-Grochowicz
\u2022 Budget: PLN 456,265
\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n A New Paradigm for the Protection of Geographical Indications for Non-Agricultural Products in the EU: Comparative Legal Analysis and Proposal for a Control Model<\/b>
\u2022 NCN PRELUDIUM, registration no. 2025\/57\/N\/HS5\/00645
\u2022 Implementation period: January 28, 2026 - January 27, 2029
\u2022 Project manager: M.A. Wiktoria Sikorska
\u2022 Budget: PLN 175,537\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n <\/div> \r\n [\/vc_tta_section][vc_tta_section title=”NCN Projects 2024″ tab_id=”1689841379431-e511924e-3b95″]\r\n \r\n \r\n \r\n <\/p>\n<\/div>\r\n <\/div>\r\n <\/div>\r\n
\r\n <\/h3>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Conceptual metaphors in criminal mediation \u2013 the social workings of law<\/b>
\u2022 NCN PRELUDIUM no.: 2023\/49\/N\/HS5\/03297
\u2022 Implementation period: 1 February 2024 - 31 January 2027
\u2022 Principal investigator: Wojciech Leder, MSc
\u2022 Budget: 205 765 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Constitutional Zugzwang: Towards a theory of constitutional momentum change<\/b>
\u2022 NCN OPUS no.: 2023\/51\/B\/HS5\/01018
\u2022 Implementation period: October 1, 2024 \u2013 September 30, 2028
\u2022 Project manager: Dr. Mauro Arturo Rivera Le\u00f3n
\u2022 Budget: 1 852 143 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n The aim of the Zugzwang Project is to prove that some countries are falling into what the project calls a 'constitutional Zugzwang', i.e. a dynamic of frequent change that has negative systemic effects. Its purpose is to define, measure and quantify them. By means of a comparative analysis of the law, the Zugzwang Project will make a pre-selection of countries where a constitutional Zugzwang is likely to have occurred. This will create a national historical dataset of change so that episodes of acceleration can be identified by a set of relevant indicators, e.g. a compound annual growth rate or a time-series analysis technique.\r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n The use of procedural coercive measures against persons with mental disorders in Polish criminal proceedings in the light of EU and international law standards<\/b>
\u2022 NCN PRELUDIUM no.: 2023\/49\/N\/HS5\/02863
\u2022 Implementation period: July 10. 2024 - July 9. 2027
\u2022 Project manager: Marcin Burdzik, PhD
\u2022 Budget: 145 991 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n The aim of the research project is to solve the problem of the use of coercive measures provided for in the Act 6.06.1997 \u2013 Code of Criminal Procedure (Journal of Laws of 2022, item 1375) against persons with mental disorders, in the context of international and EU standards of human rights protection, and to assess the adequacy of the guarantee mechanisms provided therein. Due to the interdisciplinary, legal and medical nature of the issue, research is carried out simultaneously in four areas: medical, international law, EU law and national law. The aim of the research conducted in the first area is to identify legally significant symptoms of individual mental disorders, i.e. symptoms that may be relevant in the context of the use of coercive measures. At this stage, the achievements of medical sciences in the field of psychiatry and the leading classifications of diseases (ICD-11, ICD-10, DSM-5) will be taken into account.\nIn the next stages, international, EU and national regulations will be analyzed, respectively, along with the achievements of doctrine and jurisprudence. The aim of these activities is to identify guarantee mechanisms that may be used to protect the rights of persons with mental disorders against whom coercive measures are applied. The implementation of the project will lead to a holistic analysis of the presented issue. Its effect will be a review of the provisions regulating the use of coercive measures in the Polish criminal process and an assessment of the adequacy of the guarantee mechanisms provided in this respect. The identification of national guarantee mechanisms will allow for their subsequent assessment in the context of solutions provided for in international and EU law. Finally, the findings in all four areas will help identify legal solutions that, due to their inadequacy, threaten the rights of persons with mental disorders against whom coercive measures are applied. The results of ...\n\r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Judicial actualization of the meaning of a legal text in changing circumstances. Comparative law approach<\/b>
\u2022 NCN SONATA no.: 2023\/51\/D\/HS5\/00316
\u2022 Implementation period: October 1. 2024-September 30. 2027
\u2022 Project manager: Paulina Konca, PhD
\u2022 Budget: 647 874 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n The project has two main objectives. The first is to determine and compare how the courts of selected countries update the meaning of legal provisions, i.e. adapt their content to changing circumstances. The research will be of a comparative legal nature. Three countries will be compared: Poland, Spain and Ireland. The second objective is to determine the consequences of formulating update directives with such and not other content and in such and not another form (provisions or established jurisprudence practice - the solutions adopted in the analysed countries regarding the updating rules have different status):\nFirst of all, how does the judicial actualization of the meaning affect the position of the legislator and the courts in the light of the principle of the separation of powers and what impact does it have on the implementation of the principle of legal certainty. The research will consist of an analysis of the legislation and case law of selected countries and relevant literature. The draft may significantly deepen the understanding of the functioning of the principles of updating in the conditions of their formal codification or free shaping by judicial practice, and constitute an important contribution to the discussion on the role of the judge in a democratic state ruled by law and the ways and limitations of implementing such values as legal certainty.\n\r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Foundations. Sources, genesis and assessment of the sustainability of the work of the Codification Commission of the Republic of Poland<\/b>
\u2022 NCN OPUS no.: 2023\/51\/B\/HS5\/01933
\u2022 Implementation period: July 18, 2024-July 17, 2027
\u2022 Project manager: dr Grzegorz Nancka
\u2022 Budget: 291 592 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n The aim of this project is to determine whether the work of the Codification Commission of the Republic of Poland from the years 1919-1939 can be treated as the foundation of contemporary Polish basic civil concepts. The research covers those branches of law that were not codified in interwar Poland, i.e. the general part of civil law, property law, inheritance law and family law (including matrimonial law). The source basis for the research are unique, hitherto unknown sources on the history of the codification of law in interwar Poland, including the products of the Commission's activities, found in the\nduring preliminary examinations. Thanks to this, the research opens up a previously non-existent perspective on the comparison of materials from the codification of law in interwar Poland with the decrees coming into force immediately after World War II and later the Civil Code of 1964 and the Family and Guardianship Code of 1964. There are several reasons for the need to undertake tests in the indicated scope. The implementation of the project will contribute to filling a significant gap in knowledge about the Commission's activities in the scope indicated in this project. This issue has not yet been studied globally, and the project itself will enable discussion on this topic not only on the national, but also on a broad, international level.\n\r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Environmental Impact Assessments in Poland and the Czech Republic. A comparative legal study<\/b>
\u2022 NCN MINIATURA 8 no.: 2024\/08\/X\/HS5\/00709
\u2022 Implementation period: October 11, 2024-October 10, 2027
\u2022 Project manager: dr Filip Nawrot
\u2022 Budget: 13 218 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Taking plastic trees and bad sex seriously. Fresh insights into the liberal vs. legal moralism debate over coercive regulation<\/b>
\u2022 NCN OPUS no.: 2024\/53\/B\/HS5\/04354
\u2022 Implementation period:
\u2022 Project manager: dr Maciej Juzaszek
\u2022 Budget: 1 024 589 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Carbon farming model - a comparative study<\/b>
\u2022 NCN MINIATURA 8 no.: 2024\/08\/X\/HS5\/01569
\u2022 Implementation period: December 10. 2024 - December 9. 2025
\u2022 Project manager: dr Monika \u0141ata
\u2022 Budget: 25 021 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Instruments of long-term shareholder engagement in listed companies - a comparative analysis<\/b>
\u2022 NCN PRELUDIUM 23 no.: 2024\/53\/N\/HS5\/00255
\u2022 Implementation period: January 24., 2025 - January 23., 2027
\u2022 Project manager: mgr Dominik Mizerski
\u2022 Budget: 74 055 PLN PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Ecological law of obligations - transformation of European private law from the perspective of Chinese civil code provisions<\/b>
\u2022 NCN PRELUDIUM 23 no.: 2024\/53\/N\/HS5\/03550
\u2022 Implementation period: January 27, 2025 - January 26., 2028
\u2022 Project manager: mgr Jakub Zwierzchowski
\u2022 Budget: 172 000 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n <\/div> \r\n [\/vc_tta_section][vc_tta_section title=”NCN Projects 2023″ tab_id=”1720095342289-c33acf51-6f65″]\r\n \r\n \r\n \r\n <\/p>\n<\/div>\r\n <\/div>\r\n <\/div>\r\n
\r\n <\/h3>\r\n \r\n \r\n \r\n \r\n \r\n \r\n The language rights protection standard for beneficiaries of international protection in Europe: A new legal approach to harmonize integration<\/b>
\u2022 NCN Prelude no.: 2022\/45\/N\/HS5\/00961
\u2022 Implementation period: January 15, 2023 \u2013 January 24, 2026
\u2022 Project manager: mgr Illia Klinytskyi
\u2022 Project supervisor: Prof. Maria Coady
\u2022 Nature of the project: promoter research project
\u2022 Budget: 141 405 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n For over a decade, most European Union countries have been at the epicentre of migration processes. Only the current armed conflict between Russia and Ukraine, according to UNHCR forecasts, will cause an influx of refugees to Poland, i.e. at least 4,300,000 by the end of 2022. Considering the dynamics of these phenomena, still in October 2020, the European Commission proposed a new pact on migration and asylum, proposing new and improved EU asylum and migration system procedures. The dynamics of these events show vividly that problems that seemed to have already been solved have returned with redoubled force. In particular, the protection of the linguistic rights of immigrants who enjoy the status of beneficiaries of international protection (BIP) comes to the fore. This issue has not yet received a systematic approach and elaboration. The protection of language rights is generally considered from the perspective of minority rights. The current policy on minority and regional languages in Europe is limited to the indigenous citizens of particular states and therefore does not cover foreigners who do not have the nationality of the country of permanent residence or who do not have the status of a national minority. Consequently, the personal and collective needs of BIP in the context of their language rights are not recognised. The research project will fill this gap. The planned research aims to create a standard for the protection of BIP's language rights based on global, regional and national regulatory frameworks by answering four fundamental questions: 1. How is the understanding of the minimum of language rights presented in the literature on the subject? 2. What international and regional norms should be considered as the necessary minimum for language rights of BIP on a regional, state and EU basis? 3. To what extent does the status of national minorities match the status of BIP in their possibility to use preferred languages in the public sphere? 4. What legal instruments are designed or should be implemented to protect that minimum for BIP? The primary function of human rights is the pervasive protection of the fundamental rights of all people. However, the lack of a standard of protection for the language rights of the individual contributes to a failure to respect the cultural and linguistic distinctiveness of BIP in the procedures applied to them. As a result, integration processes often lead to unequal treatment of BIP. European countries do not apply a single, common standard for guaranteeing language rights. Often, immigration policy is not based on the gradual and harmonious integration of BIP but on the assumption of their full assimilation into the host country. This is a discriminatory approach toward BIP. It fails to take any account of the communication and cultural needs of BIP. For example, in the educational systems of countries such as Poland or Latvia, a child must obtain a positive mark in the state language to be promoted to the next grade; these regulations do not consider the lack of previous experience in the chosen language. State language examinations according to rules that do not take into account previous linguistic experience are compulsory under most state educational quality assessment systems, which can pose a severe problem for BIP children. The requirement of knowledge of the state's language can also be a discriminatory factor in hiring or in administrative proceedings. All this makes the establishment of a minimum of language rights at the transnational level a necessary condition for granting adequate protection to the communicative and cultural needs of BIP for their language rights. The research project aims to set a standard of language rights protection for beneficiaries of international protection in Europe and formulate a new legal approach to the problem of harmonisation of BIP integration into the host society. The point of reference for the considerations will be the existing legal regulations concerning language rights at the level of the universal system of human rights (UN), supranational multilateral regulations, including the law of the EU and the Council of Europe, as well as the case-law of the European Court of Human Rights, the Human Rights Committee and the Court of Justice. The legal regulations in force in Europe and in the EU law will be compared with the federal legislation and the national migration policy of the United States of America. The solutions adopted in this country, both in the sphere of legal solutions and the policy towards immigrants, will be treated as exemplary due to the long-standing experience of integration processes and the application of anti-discrimination practices, as well as various possible variants of solutions in the national policy regulating language rights. As a result, the effectiveness of the current system for the protection of the linguistic rights of BIP will be established, as well as the current needs of this social group concerning language guarantees, to be able to formulate possible future legal solutions (i.e. de lege feredna proposals). The planned outcome of the project will be the creation of a model for the protection of the linguistic rights necessary (minimum) for the use of language in the public sphere and the definition of indicators allowing for a transparent assessment of the degree of protection in order to demonstrate that the required standard of linguistic guarantees is met. In this way, the research project also contributes, from a language rights perspective to the critical international debate on migrants' rights to fill existing legislative gaps in this area in both international and national law.\r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Special legislation from the perspective of legal theory and philosophy of law<\/b>
\u2022 NCN Prelude no.: 2022\/45\/B\/HS5\/00919
\u2022 Implementation period: January 16, 2023 \u2013 January 15, 2026
\u2022 Project manager: Dr. Mateusz Zeifert
\u2022 Nature of the project: promoter research project
\u2022 Budget: 269 088 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n The purpose of the project: The objective of the research is to obtain scientific knowledge about the phenomenon known as \u201cspecial legislation\u201d (in Polish \u2018specustawy\u2019) and to discuss it from the perspective of legal theory and philosophy of law. This is aimed at expanding the discussion about special legislation on the international level. The project will establish the methodological and conceptual foundations for future comparative research. In particular, the following questions should be answered: 1) What statutes are referred to as \"special legislation\"? 2) What is \u201cspecial\u201d about those statutes? 3) Does the application of special legislation by courts differ from the application of ordinary statutes? 4) What are the benefits and risks of enacting special legislation? 5) How similar challenges are dealt with in other Western legal systems? 2. Planned research: The project will consist of six main stages: 1) the study of the use of the term \u201cspecial legislation\u201d (\u201cspecustawa\u201d) and related terms; 2) the analysis of legislative acts considered as special legislation; 3) the attempt to formulate a definition of the concept of special legislation and delineate its scope from other related phenomena; 4) the analysis of the application of special legislation by courts; 5) the critical analysis of special legislation in light of legal-theoretical, constitutional and legalphilosophical concepts and values; 6) the comparison between Polish special legislation (\u201cspecustawy\u201d) and similar concepts known in other legal systems. 3. Justification for the selection of the research topic: Special legislation (also: \u201cexceptional legislation\u201d, \"incidental legislation\", etc.) has been a permanent element of the Polish legal order since the beginning of the 21st century, although the rules for its creation have not been specified in any legal act, and the regulations contained therein often raise fundamental reservations on the part of legal theorists and legal practitioners. It has been playing an increasingly important role in recent years. As indicated in the literature, in some areas of law, incidental legislation has become the rule, and ordinary legislation has become the exception. At the same time, so far the research on the phenomenon of special legislation has been conducted mainly within the specific disciplines of jurisprudence (administrative law, constitutional law, etc.). There are no general or comparative studies, and in particular, there is no legal-theoretical and legal-philosophical reflection about incidental legislation. A legal definition of the concept of special legislation has not been developed. There is the lack of more extensive research into its application and interpretation. No recommendations were formulated regarding its creation, both in terms of the political process and legislative technique. In this state of affair, the proposed research fills a very important gap in Polish and global jurisprudence, and its results may, in the longer term, inspire changes in the creation and application of law.\r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Legal instruments for air protection in Poland and the Czech Republic. Comparative Law Study <\/b>
\u2022 NCN Miniatura nr: 2023\/07\/X\/HS5\/00424
\u2022 >\u2022 Implementation period: 5 September 2023 \u2013 4 September 2024
\u2022 Project manager: dr Ewa Radecka
\u2022 Budget: 19 267 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n Taking up this research topic results from the necessity of a broader study of this matter, along with a juxtaposition of Polish and foreign (Czech) solutions. The reference to the Czech legal system stems from its geographical proximity (proximity to Poland), similar problems (post-communist state) and membership in the EU. Despite these obvious similarities, the two countries deal with air protection in completely different ways. According to reports from the European Environment Agency, the Czech Republic has better air quality than Poland (https:\/\/www.eea.europa.eu\/themes\/air\/country-fact-sheets\/2022-country-fact-sheets\/czechia-air-pollution-country). The analysis within the project will allow to determine how Poland and the Czech Republic have normalized this topic, which will be the starting point for a comparative study, which is particularly needed in order to develop an appropriate (i.e. effective and protective) model of air protection in Poland. This, in turn, will give an opportunity to answer the question whether it is expedient and possible to adapt some of the solutions known in the foreign legal system to the Polish legislation and whether this could contribute to the development of effective and efficient Polish legislation in the field of air protection, i.e. effectively protecting both this component of the environment and fauna, flora, as well as human health and life.\r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n
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\r\n \r\n \r\n Images of Unportrayed Relationships. A Socio-Legal Analysis of Romantic Relationships of People with Intellectual Disabilities<\/b>
\r\n \r\n Images of Unportrayed Relationships. A Socio-Legal Analysis of Romantic Relationships of People with Intellectual Disabilities<\/b>
\u2022 NCN OPUS, registration no. 2025\/57\/B\/HS5\/04655
\u2022 Implementation period: Februar 2, 2026 - Februar 1, 2026
\u2022 Project manager: Ph.D. Marlena Katarzyna Drapalska-Grochowicz
\u2022 Budget: PLN 456,265
\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n A New Paradigm for the Protection of Geographical Indications for Non-Agricultural Products in the EU: Comparative Legal Analysis and Proposal for a Control Model<\/b>
\u2022 NCN PRELUDIUM, registration no. 2025\/57\/N\/HS5\/00645
\u2022 Implementation period: January 28, 2026 - January 27, 2029
\u2022 Project manager: M.A. Wiktoria Sikorska
\u2022 Budget: PLN 175,537\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n <\/div> \r\n [\/vc_tta_section][vc_tta_section title=”NCN Projects 2024″ tab_id=”1689841379431-e511924e-3b95″]\r\n \r\n \r\n \r\n <\/p>\n<\/div>\r\n <\/div>\r\n <\/div>\r\n
\r\n <\/h3>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Conceptual metaphors in criminal mediation \u2013 the social workings of law<\/b>
\u2022 NCN PRELUDIUM no.: 2023\/49\/N\/HS5\/03297
\u2022 Implementation period: 1 February 2024 - 31 January 2027
\u2022 Principal investigator: Wojciech Leder, MSc
\u2022 Budget: 205 765 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Constitutional Zugzwang: Towards a theory of constitutional momentum change<\/b>
\u2022 NCN OPUS no.: 2023\/51\/B\/HS5\/01018
\u2022 Implementation period: October 1, 2024 \u2013 September 30, 2028
\u2022 Project manager: Dr. Mauro Arturo Rivera Le\u00f3n
\u2022 Budget: 1 852 143 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n The aim of the Zugzwang Project is to prove that some countries are falling into what the project calls a 'constitutional Zugzwang', i.e. a dynamic of frequent change that has negative systemic effects. Its purpose is to define, measure and quantify them. By means of a comparative analysis of the law, the Zugzwang Project will make a pre-selection of countries where a constitutional Zugzwang is likely to have occurred. This will create a national historical dataset of change so that episodes of acceleration can be identified by a set of relevant indicators, e.g. a compound annual growth rate or a time-series analysis technique.\r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n The use of procedural coercive measures against persons with mental disorders in Polish criminal proceedings in the light of EU and international law standards<\/b>
\u2022 NCN PRELUDIUM no.: 2023\/49\/N\/HS5\/02863
\u2022 Implementation period: July 10. 2024 - July 9. 2027
\u2022 Project manager: Marcin Burdzik, PhD
\u2022 Budget: 145 991 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n The aim of the research project is to solve the problem of the use of coercive measures provided for in the Act 6.06.1997 \u2013 Code of Criminal Procedure (Journal of Laws of 2022, item 1375) against persons with mental disorders, in the context of international and EU standards of human rights protection, and to assess the adequacy of the guarantee mechanisms provided therein. Due to the interdisciplinary, legal and medical nature of the issue, research is carried out simultaneously in four areas: medical, international law, EU law and national law. The aim of the research conducted in the first area is to identify legally significant symptoms of individual mental disorders, i.e. symptoms that may be relevant in the context of the use of coercive measures. At this stage, the achievements of medical sciences in the field of psychiatry and the leading classifications of diseases (ICD-11, ICD-10, DSM-5) will be taken into account.\nIn the next stages, international, EU and national regulations will be analyzed, respectively, along with the achievements of doctrine and jurisprudence. The aim of these activities is to identify guarantee mechanisms that may be used to protect the rights of persons with mental disorders against whom coercive measures are applied. The implementation of the project will lead to a holistic analysis of the presented issue. Its effect will be a review of the provisions regulating the use of coercive measures in the Polish criminal process and an assessment of the adequacy of the guarantee mechanisms provided in this respect. The identification of national guarantee mechanisms will allow for their subsequent assessment in the context of solutions provided for in international and EU law. Finally, the findings in all four areas will help identify legal solutions that, due to their inadequacy, threaten the rights of persons with mental disorders against whom coercive measures are applied. The results of ...\n\r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Judicial actualization of the meaning of a legal text in changing circumstances. Comparative law approach<\/b>
\u2022 NCN SONATA no.: 2023\/51\/D\/HS5\/00316
\u2022 Implementation period: October 1. 2024-September 30. 2027
\u2022 Project manager: Paulina Konca, PhD
\u2022 Budget: 647 874 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n The project has two main objectives. The first is to determine and compare how the courts of selected countries update the meaning of legal provisions, i.e. adapt their content to changing circumstances. The research will be of a comparative legal nature. Three countries will be compared: Poland, Spain and Ireland. The second objective is to determine the consequences of formulating update directives with such and not other content and in such and not another form (provisions or established jurisprudence practice - the solutions adopted in the analysed countries regarding the updating rules have different status):\nFirst of all, how does the judicial actualization of the meaning affect the position of the legislator and the courts in the light of the principle of the separation of powers and what impact does it have on the implementation of the principle of legal certainty. The research will consist of an analysis of the legislation and case law of selected countries and relevant literature. The draft may significantly deepen the understanding of the functioning of the principles of updating in the conditions of their formal codification or free shaping by judicial practice, and constitute an important contribution to the discussion on the role of the judge in a democratic state ruled by law and the ways and limitations of implementing such values as legal certainty.\n\r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Foundations. Sources, genesis and assessment of the sustainability of the work of the Codification Commission of the Republic of Poland<\/b>
\u2022 NCN OPUS no.: 2023\/51\/B\/HS5\/01933
\u2022 Implementation period: July 18, 2024-July 17, 2027
\u2022 Project manager: dr Grzegorz Nancka
\u2022 Budget: 291 592 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n The aim of this project is to determine whether the work of the Codification Commission of the Republic of Poland from the years 1919-1939 can be treated as the foundation of contemporary Polish basic civil concepts. The research covers those branches of law that were not codified in interwar Poland, i.e. the general part of civil law, property law, inheritance law and family law (including matrimonial law). The source basis for the research are unique, hitherto unknown sources on the history of the codification of law in interwar Poland, including the products of the Commission's activities, found in the\nduring preliminary examinations. Thanks to this, the research opens up a previously non-existent perspective on the comparison of materials from the codification of law in interwar Poland with the decrees coming into force immediately after World War II and later the Civil Code of 1964 and the Family and Guardianship Code of 1964. There are several reasons for the need to undertake tests in the indicated scope. The implementation of the project will contribute to filling a significant gap in knowledge about the Commission's activities in the scope indicated in this project. This issue has not yet been studied globally, and the project itself will enable discussion on this topic not only on the national, but also on a broad, international level.\n\r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Environmental Impact Assessments in Poland and the Czech Republic. A comparative legal study<\/b>
\u2022 NCN MINIATURA 8 no.: 2024\/08\/X\/HS5\/00709
\u2022 Implementation period: October 11, 2024-October 10, 2027
\u2022 Project manager: dr Filip Nawrot
\u2022 Budget: 13 218 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Taking plastic trees and bad sex seriously. Fresh insights into the liberal vs. legal moralism debate over coercive regulation<\/b>
\u2022 NCN OPUS no.: 2024\/53\/B\/HS5\/04354
\u2022 Implementation period:
\u2022 Project manager: dr Maciej Juzaszek
\u2022 Budget: 1 024 589 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Carbon farming model - a comparative study<\/b>
\u2022 NCN MINIATURA 8 no.: 2024\/08\/X\/HS5\/01569
\u2022 Implementation period: December 10. 2024 - December 9. 2025
\u2022 Project manager: dr Monika \u0141ata
\u2022 Budget: 25 021 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Instruments of long-term shareholder engagement in listed companies - a comparative analysis<\/b>
\u2022 NCN PRELUDIUM 23 no.: 2024\/53\/N\/HS5\/00255
\u2022 Implementation period: January 24., 2025 - January 23., 2027
\u2022 Project manager: mgr Dominik Mizerski
\u2022 Budget: 74 055 PLN PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Ecological law of obligations - transformation of European private law from the perspective of Chinese civil code provisions<\/b>
\u2022 NCN PRELUDIUM 23 no.: 2024\/53\/N\/HS5\/03550
\u2022 Implementation period: January 27, 2025 - January 26., 2028
\u2022 Project manager: mgr Jakub Zwierzchowski
\u2022 Budget: 172 000 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n <\/div> \r\n [\/vc_tta_section][vc_tta_section title=”NCN Projects 2023″ tab_id=”1720095342289-c33acf51-6f65″]\r\n \r\n \r\n \r\n <\/p>\n<\/div>\r\n <\/div>\r\n <\/div>\r\n
\r\n <\/h3>\r\n \r\n \r\n \r\n \r\n \r\n \r\n The language rights protection standard for beneficiaries of international protection in Europe: A new legal approach to harmonize integration<\/b>
\u2022 NCN Prelude no.: 2022\/45\/N\/HS5\/00961
\u2022 Implementation period: January 15, 2023 \u2013 January 24, 2026
\u2022 Project manager: mgr Illia Klinytskyi
\u2022 Project supervisor: Prof. Maria Coady
\u2022 Nature of the project: promoter research project
\u2022 Budget: 141 405 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n For over a decade, most European Union countries have been at the epicentre of migration processes. Only the current armed conflict between Russia and Ukraine, according to UNHCR forecasts, will cause an influx of refugees to Poland, i.e. at least 4,300,000 by the end of 2022. Considering the dynamics of these phenomena, still in October 2020, the European Commission proposed a new pact on migration and asylum, proposing new and improved EU asylum and migration system procedures. The dynamics of these events show vividly that problems that seemed to have already been solved have returned with redoubled force. In particular, the protection of the linguistic rights of immigrants who enjoy the status of beneficiaries of international protection (BIP) comes to the fore. This issue has not yet received a systematic approach and elaboration. The protection of language rights is generally considered from the perspective of minority rights. The current policy on minority and regional languages in Europe is limited to the indigenous citizens of particular states and therefore does not cover foreigners who do not have the nationality of the country of permanent residence or who do not have the status of a national minority. Consequently, the personal and collective needs of BIP in the context of their language rights are not recognised. The research project will fill this gap. The planned research aims to create a standard for the protection of BIP's language rights based on global, regional and national regulatory frameworks by answering four fundamental questions: 1. How is the understanding of the minimum of language rights presented in the literature on the subject? 2. What international and regional norms should be considered as the necessary minimum for language rights of BIP on a regional, state and EU basis? 3. To what extent does the status of national minorities match the status of BIP in their possibility to use preferred languages in the public sphere? 4. What legal instruments are designed or should be implemented to protect that minimum for BIP? The primary function of human rights is the pervasive protection of the fundamental rights of all people. However, the lack of a standard of protection for the language rights of the individual contributes to a failure to respect the cultural and linguistic distinctiveness of BIP in the procedures applied to them. As a result, integration processes often lead to unequal treatment of BIP. European countries do not apply a single, common standard for guaranteeing language rights. Often, immigration policy is not based on the gradual and harmonious integration of BIP but on the assumption of their full assimilation into the host country. This is a discriminatory approach toward BIP. It fails to take any account of the communication and cultural needs of BIP. For example, in the educational systems of countries such as Poland or Latvia, a child must obtain a positive mark in the state language to be promoted to the next grade; these regulations do not consider the lack of previous experience in the chosen language. State language examinations according to rules that do not take into account previous linguistic experience are compulsory under most state educational quality assessment systems, which can pose a severe problem for BIP children. The requirement of knowledge of the state's language can also be a discriminatory factor in hiring or in administrative proceedings. All this makes the establishment of a minimum of language rights at the transnational level a necessary condition for granting adequate protection to the communicative and cultural needs of BIP for their language rights. The research project aims to set a standard of language rights protection for beneficiaries of international protection in Europe and formulate a new legal approach to the problem of harmonisation of BIP integration into the host society. The point of reference for the considerations will be the existing legal regulations concerning language rights at the level of the universal system of human rights (UN), supranational multilateral regulations, including the law of the EU and the Council of Europe, as well as the case-law of the European Court of Human Rights, the Human Rights Committee and the Court of Justice. The legal regulations in force in Europe and in the EU law will be compared with the federal legislation and the national migration policy of the United States of America. The solutions adopted in this country, both in the sphere of legal solutions and the policy towards immigrants, will be treated as exemplary due to the long-standing experience of integration processes and the application of anti-discrimination practices, as well as various possible variants of solutions in the national policy regulating language rights. As a result, the effectiveness of the current system for the protection of the linguistic rights of BIP will be established, as well as the current needs of this social group concerning language guarantees, to be able to formulate possible future legal solutions (i.e. de lege feredna proposals). The planned outcome of the project will be the creation of a model for the protection of the linguistic rights necessary (minimum) for the use of language in the public sphere and the definition of indicators allowing for a transparent assessment of the degree of protection in order to demonstrate that the required standard of linguistic guarantees is met. In this way, the research project also contributes, from a language rights perspective to the critical international debate on migrants' rights to fill existing legislative gaps in this area in both international and national law.\r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Special legislation from the perspective of legal theory and philosophy of law<\/b>
\u2022 NCN Prelude no.: 2022\/45\/B\/HS5\/00919
\u2022 Implementation period: January 16, 2023 \u2013 January 15, 2026
\u2022 Project manager: Dr. Mateusz Zeifert
\u2022 Nature of the project: promoter research project
\u2022 Budget: 269 088 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n The purpose of the project: The objective of the research is to obtain scientific knowledge about the phenomenon known as \u201cspecial legislation\u201d (in Polish \u2018specustawy\u2019) and to discuss it from the perspective of legal theory and philosophy of law. This is aimed at expanding the discussion about special legislation on the international level. The project will establish the methodological and conceptual foundations for future comparative research. In particular, the following questions should be answered: 1) What statutes are referred to as \"special legislation\"? 2) What is \u201cspecial\u201d about those statutes? 3) Does the application of special legislation by courts differ from the application of ordinary statutes? 4) What are the benefits and risks of enacting special legislation? 5) How similar challenges are dealt with in other Western legal systems? 2. Planned research: The project will consist of six main stages: 1) the study of the use of the term \u201cspecial legislation\u201d (\u201cspecustawa\u201d) and related terms; 2) the analysis of legislative acts considered as special legislation; 3) the attempt to formulate a definition of the concept of special legislation and delineate its scope from other related phenomena; 4) the analysis of the application of special legislation by courts; 5) the critical analysis of special legislation in light of legal-theoretical, constitutional and legalphilosophical concepts and values; 6) the comparison between Polish special legislation (\u201cspecustawy\u201d) and similar concepts known in other legal systems. 3. Justification for the selection of the research topic: Special legislation (also: \u201cexceptional legislation\u201d, \"incidental legislation\", etc.) has been a permanent element of the Polish legal order since the beginning of the 21st century, although the rules for its creation have not been specified in any legal act, and the regulations contained therein often raise fundamental reservations on the part of legal theorists and legal practitioners. It has been playing an increasingly important role in recent years. As indicated in the literature, in some areas of law, incidental legislation has become the rule, and ordinary legislation has become the exception. At the same time, so far the research on the phenomenon of special legislation has been conducted mainly within the specific disciplines of jurisprudence (administrative law, constitutional law, etc.). There are no general or comparative studies, and in particular, there is no legal-theoretical and legal-philosophical reflection about incidental legislation. A legal definition of the concept of special legislation has not been developed. There is the lack of more extensive research into its application and interpretation. No recommendations were formulated regarding its creation, both in terms of the political process and legislative technique. In this state of affair, the proposed research fills a very important gap in Polish and global jurisprudence, and its results may, in the longer term, inspire changes in the creation and application of law.\r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Legal instruments for air protection in Poland and the Czech Republic. Comparative Law Study <\/b>
\u2022 NCN Miniatura nr: 2023\/07\/X\/HS5\/00424
\u2022 >\u2022 Implementation period: 5 September 2023 \u2013 4 September 2024
\u2022 Project manager: dr Ewa Radecka
\u2022 Budget: 19 267 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n Taking up this research topic results from the necessity of a broader study of this matter, along with a juxtaposition of Polish and foreign (Czech) solutions. The reference to the Czech legal system stems from its geographical proximity (proximity to Poland), similar problems (post-communist state) and membership in the EU. Despite these obvious similarities, the two countries deal with air protection in completely different ways. According to reports from the European Environment Agency, the Czech Republic has better air quality than Poland (https:\/\/www.eea.europa.eu\/themes\/air\/country-fact-sheets\/2022-country-fact-sheets\/czechia-air-pollution-country). The analysis within the project will allow to determine how Poland and the Czech Republic have normalized this topic, which will be the starting point for a comparative study, which is particularly needed in order to develop an appropriate (i.e. effective and protective) model of air protection in Poland. This, in turn, will give an opportunity to answer the question whether it is expedient and possible to adapt some of the solutions known in the foreign legal system to the Polish legislation and whether this could contribute to the development of effective and efficient Polish legislation in the field of air protection, i.e. effectively protecting both this component of the environment and fauna, flora, as well as human health and life.\r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n
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\r\n \r\n \r\n A New Paradigm for the Protection of Geographical Indications for Non-Agricultural Products in the EU: Comparative Legal Analysis and Proposal for a Control Model<\/b>
\r\n \r\n A New Paradigm for the Protection of Geographical Indications for Non-Agricultural Products in the EU: Comparative Legal Analysis and Proposal for a Control Model<\/b>
\u2022 NCN PRELUDIUM, registration no. 2025\/57\/N\/HS5\/00645
\u2022 Implementation period: January 28, 2026 - January 27, 2029
\u2022 Project manager: M.A. Wiktoria Sikorska
\u2022 Budget: PLN 175,537\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n <\/div> \r\n [\/vc_tta_section][vc_tta_section title=”NCN Projects 2024″ tab_id=”1689841379431-e511924e-3b95″]\r\n \r\n \r\n \r\n <\/p>\n<\/div>\r\n <\/div>\r\n <\/div>\r\n
\r\n <\/h3>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Conceptual metaphors in criminal mediation \u2013 the social workings of law<\/b>
\u2022 NCN PRELUDIUM no.: 2023\/49\/N\/HS5\/03297
\u2022 Implementation period: 1 February 2024 - 31 January 2027
\u2022 Principal investigator: Wojciech Leder, MSc
\u2022 Budget: 205 765 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Constitutional Zugzwang: Towards a theory of constitutional momentum change<\/b>
\u2022 NCN OPUS no.: 2023\/51\/B\/HS5\/01018
\u2022 Implementation period: October 1, 2024 \u2013 September 30, 2028
\u2022 Project manager: Dr. Mauro Arturo Rivera Le\u00f3n
\u2022 Budget: 1 852 143 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n The aim of the Zugzwang Project is to prove that some countries are falling into what the project calls a 'constitutional Zugzwang', i.e. a dynamic of frequent change that has negative systemic effects. Its purpose is to define, measure and quantify them. By means of a comparative analysis of the law, the Zugzwang Project will make a pre-selection of countries where a constitutional Zugzwang is likely to have occurred. This will create a national historical dataset of change so that episodes of acceleration can be identified by a set of relevant indicators, e.g. a compound annual growth rate or a time-series analysis technique.\r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n The use of procedural coercive measures against persons with mental disorders in Polish criminal proceedings in the light of EU and international law standards<\/b>
\u2022 NCN PRELUDIUM no.: 2023\/49\/N\/HS5\/02863
\u2022 Implementation period: July 10. 2024 - July 9. 2027
\u2022 Project manager: Marcin Burdzik, PhD
\u2022 Budget: 145 991 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n The aim of the research project is to solve the problem of the use of coercive measures provided for in the Act 6.06.1997 \u2013 Code of Criminal Procedure (Journal of Laws of 2022, item 1375) against persons with mental disorders, in the context of international and EU standards of human rights protection, and to assess the adequacy of the guarantee mechanisms provided therein. Due to the interdisciplinary, legal and medical nature of the issue, research is carried out simultaneously in four areas: medical, international law, EU law and national law. The aim of the research conducted in the first area is to identify legally significant symptoms of individual mental disorders, i.e. symptoms that may be relevant in the context of the use of coercive measures. At this stage, the achievements of medical sciences in the field of psychiatry and the leading classifications of diseases (ICD-11, ICD-10, DSM-5) will be taken into account.\nIn the next stages, international, EU and national regulations will be analyzed, respectively, along with the achievements of doctrine and jurisprudence. The aim of these activities is to identify guarantee mechanisms that may be used to protect the rights of persons with mental disorders against whom coercive measures are applied. The implementation of the project will lead to a holistic analysis of the presented issue. Its effect will be a review of the provisions regulating the use of coercive measures in the Polish criminal process and an assessment of the adequacy of the guarantee mechanisms provided in this respect. The identification of national guarantee mechanisms will allow for their subsequent assessment in the context of solutions provided for in international and EU law. Finally, the findings in all four areas will help identify legal solutions that, due to their inadequacy, threaten the rights of persons with mental disorders against whom coercive measures are applied. The results of ...\n\r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Judicial actualization of the meaning of a legal text in changing circumstances. Comparative law approach<\/b>
\u2022 NCN SONATA no.: 2023\/51\/D\/HS5\/00316
\u2022 Implementation period: October 1. 2024-September 30. 2027
\u2022 Project manager: Paulina Konca, PhD
\u2022 Budget: 647 874 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n The project has two main objectives. The first is to determine and compare how the courts of selected countries update the meaning of legal provisions, i.e. adapt their content to changing circumstances. The research will be of a comparative legal nature. Three countries will be compared: Poland, Spain and Ireland. The second objective is to determine the consequences of formulating update directives with such and not other content and in such and not another form (provisions or established jurisprudence practice - the solutions adopted in the analysed countries regarding the updating rules have different status):\nFirst of all, how does the judicial actualization of the meaning affect the position of the legislator and the courts in the light of the principle of the separation of powers and what impact does it have on the implementation of the principle of legal certainty. The research will consist of an analysis of the legislation and case law of selected countries and relevant literature. The draft may significantly deepen the understanding of the functioning of the principles of updating in the conditions of their formal codification or free shaping by judicial practice, and constitute an important contribution to the discussion on the role of the judge in a democratic state ruled by law and the ways and limitations of implementing such values as legal certainty.\n\r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Foundations. Sources, genesis and assessment of the sustainability of the work of the Codification Commission of the Republic of Poland<\/b>
\u2022 NCN OPUS no.: 2023\/51\/B\/HS5\/01933
\u2022 Implementation period: July 18, 2024-July 17, 2027
\u2022 Project manager: dr Grzegorz Nancka
\u2022 Budget: 291 592 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n The aim of this project is to determine whether the work of the Codification Commission of the Republic of Poland from the years 1919-1939 can be treated as the foundation of contemporary Polish basic civil concepts. The research covers those branches of law that were not codified in interwar Poland, i.e. the general part of civil law, property law, inheritance law and family law (including matrimonial law). The source basis for the research are unique, hitherto unknown sources on the history of the codification of law in interwar Poland, including the products of the Commission's activities, found in the\nduring preliminary examinations. Thanks to this, the research opens up a previously non-existent perspective on the comparison of materials from the codification of law in interwar Poland with the decrees coming into force immediately after World War II and later the Civil Code of 1964 and the Family and Guardianship Code of 1964. There are several reasons for the need to undertake tests in the indicated scope. The implementation of the project will contribute to filling a significant gap in knowledge about the Commission's activities in the scope indicated in this project. This issue has not yet been studied globally, and the project itself will enable discussion on this topic not only on the national, but also on a broad, international level.\n\r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Environmental Impact Assessments in Poland and the Czech Republic. A comparative legal study<\/b>
\u2022 NCN MINIATURA 8 no.: 2024\/08\/X\/HS5\/00709
\u2022 Implementation period: October 11, 2024-October 10, 2027
\u2022 Project manager: dr Filip Nawrot
\u2022 Budget: 13 218 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Taking plastic trees and bad sex seriously. Fresh insights into the liberal vs. legal moralism debate over coercive regulation<\/b>
\u2022 NCN OPUS no.: 2024\/53\/B\/HS5\/04354
\u2022 Implementation period:
\u2022 Project manager: dr Maciej Juzaszek
\u2022 Budget: 1 024 589 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Carbon farming model - a comparative study<\/b>
\u2022 NCN MINIATURA 8 no.: 2024\/08\/X\/HS5\/01569
\u2022 Implementation period: December 10. 2024 - December 9. 2025
\u2022 Project manager: dr Monika \u0141ata
\u2022 Budget: 25 021 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Instruments of long-term shareholder engagement in listed companies - a comparative analysis<\/b>
\u2022 NCN PRELUDIUM 23 no.: 2024\/53\/N\/HS5\/00255
\u2022 Implementation period: January 24., 2025 - January 23., 2027
\u2022 Project manager: mgr Dominik Mizerski
\u2022 Budget: 74 055 PLN PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Ecological law of obligations - transformation of European private law from the perspective of Chinese civil code provisions<\/b>
\u2022 NCN PRELUDIUM 23 no.: 2024\/53\/N\/HS5\/03550
\u2022 Implementation period: January 27, 2025 - January 26., 2028
\u2022 Project manager: mgr Jakub Zwierzchowski
\u2022 Budget: 172 000 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n <\/div> \r\n [\/vc_tta_section][vc_tta_section title=”NCN Projects 2023″ tab_id=”1720095342289-c33acf51-6f65″]\r\n \r\n \r\n \r\n <\/p>\n<\/div>\r\n <\/div>\r\n <\/div>\r\n
\r\n <\/h3>\r\n \r\n \r\n \r\n \r\n \r\n \r\n The language rights protection standard for beneficiaries of international protection in Europe: A new legal approach to harmonize integration<\/b>
\u2022 NCN Prelude no.: 2022\/45\/N\/HS5\/00961
\u2022 Implementation period: January 15, 2023 \u2013 January 24, 2026
\u2022 Project manager: mgr Illia Klinytskyi
\u2022 Project supervisor: Prof. Maria Coady
\u2022 Nature of the project: promoter research project
\u2022 Budget: 141 405 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n For over a decade, most European Union countries have been at the epicentre of migration processes. Only the current armed conflict between Russia and Ukraine, according to UNHCR forecasts, will cause an influx of refugees to Poland, i.e. at least 4,300,000 by the end of 2022. Considering the dynamics of these phenomena, still in October 2020, the European Commission proposed a new pact on migration and asylum, proposing new and improved EU asylum and migration system procedures. The dynamics of these events show vividly that problems that seemed to have already been solved have returned with redoubled force. In particular, the protection of the linguistic rights of immigrants who enjoy the status of beneficiaries of international protection (BIP) comes to the fore. This issue has not yet received a systematic approach and elaboration. The protection of language rights is generally considered from the perspective of minority rights. The current policy on minority and regional languages in Europe is limited to the indigenous citizens of particular states and therefore does not cover foreigners who do not have the nationality of the country of permanent residence or who do not have the status of a national minority. Consequently, the personal and collective needs of BIP in the context of their language rights are not recognised. The research project will fill this gap. The planned research aims to create a standard for the protection of BIP's language rights based on global, regional and national regulatory frameworks by answering four fundamental questions: 1. How is the understanding of the minimum of language rights presented in the literature on the subject? 2. What international and regional norms should be considered as the necessary minimum for language rights of BIP on a regional, state and EU basis? 3. To what extent does the status of national minorities match the status of BIP in their possibility to use preferred languages in the public sphere? 4. What legal instruments are designed or should be implemented to protect that minimum for BIP? The primary function of human rights is the pervasive protection of the fundamental rights of all people. However, the lack of a standard of protection for the language rights of the individual contributes to a failure to respect the cultural and linguistic distinctiveness of BIP in the procedures applied to them. As a result, integration processes often lead to unequal treatment of BIP. European countries do not apply a single, common standard for guaranteeing language rights. Often, immigration policy is not based on the gradual and harmonious integration of BIP but on the assumption of their full assimilation into the host country. This is a discriminatory approach toward BIP. It fails to take any account of the communication and cultural needs of BIP. For example, in the educational systems of countries such as Poland or Latvia, a child must obtain a positive mark in the state language to be promoted to the next grade; these regulations do not consider the lack of previous experience in the chosen language. State language examinations according to rules that do not take into account previous linguistic experience are compulsory under most state educational quality assessment systems, which can pose a severe problem for BIP children. The requirement of knowledge of the state's language can also be a discriminatory factor in hiring or in administrative proceedings. All this makes the establishment of a minimum of language rights at the transnational level a necessary condition for granting adequate protection to the communicative and cultural needs of BIP for their language rights. The research project aims to set a standard of language rights protection for beneficiaries of international protection in Europe and formulate a new legal approach to the problem of harmonisation of BIP integration into the host society. The point of reference for the considerations will be the existing legal regulations concerning language rights at the level of the universal system of human rights (UN), supranational multilateral regulations, including the law of the EU and the Council of Europe, as well as the case-law of the European Court of Human Rights, the Human Rights Committee and the Court of Justice. The legal regulations in force in Europe and in the EU law will be compared with the federal legislation and the national migration policy of the United States of America. The solutions adopted in this country, both in the sphere of legal solutions and the policy towards immigrants, will be treated as exemplary due to the long-standing experience of integration processes and the application of anti-discrimination practices, as well as various possible variants of solutions in the national policy regulating language rights. As a result, the effectiveness of the current system for the protection of the linguistic rights of BIP will be established, as well as the current needs of this social group concerning language guarantees, to be able to formulate possible future legal solutions (i.e. de lege feredna proposals). The planned outcome of the project will be the creation of a model for the protection of the linguistic rights necessary (minimum) for the use of language in the public sphere and the definition of indicators allowing for a transparent assessment of the degree of protection in order to demonstrate that the required standard of linguistic guarantees is met. In this way, the research project also contributes, from a language rights perspective to the critical international debate on migrants' rights to fill existing legislative gaps in this area in both international and national law.\r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Special legislation from the perspective of legal theory and philosophy of law<\/b>
\u2022 NCN Prelude no.: 2022\/45\/B\/HS5\/00919
\u2022 Implementation period: January 16, 2023 \u2013 January 15, 2026
\u2022 Project manager: Dr. Mateusz Zeifert
\u2022 Nature of the project: promoter research project
\u2022 Budget: 269 088 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n The purpose of the project: The objective of the research is to obtain scientific knowledge about the phenomenon known as \u201cspecial legislation\u201d (in Polish \u2018specustawy\u2019) and to discuss it from the perspective of legal theory and philosophy of law. This is aimed at expanding the discussion about special legislation on the international level. The project will establish the methodological and conceptual foundations for future comparative research. In particular, the following questions should be answered: 1) What statutes are referred to as \"special legislation\"? 2) What is \u201cspecial\u201d about those statutes? 3) Does the application of special legislation by courts differ from the application of ordinary statutes? 4) What are the benefits and risks of enacting special legislation? 5) How similar challenges are dealt with in other Western legal systems? 2. Planned research: The project will consist of six main stages: 1) the study of the use of the term \u201cspecial legislation\u201d (\u201cspecustawa\u201d) and related terms; 2) the analysis of legislative acts considered as special legislation; 3) the attempt to formulate a definition of the concept of special legislation and delineate its scope from other related phenomena; 4) the analysis of the application of special legislation by courts; 5) the critical analysis of special legislation in light of legal-theoretical, constitutional and legalphilosophical concepts and values; 6) the comparison between Polish special legislation (\u201cspecustawy\u201d) and similar concepts known in other legal systems. 3. Justification for the selection of the research topic: Special legislation (also: \u201cexceptional legislation\u201d, \"incidental legislation\", etc.) has been a permanent element of the Polish legal order since the beginning of the 21st century, although the rules for its creation have not been specified in any legal act, and the regulations contained therein often raise fundamental reservations on the part of legal theorists and legal practitioners. It has been playing an increasingly important role in recent years. As indicated in the literature, in some areas of law, incidental legislation has become the rule, and ordinary legislation has become the exception. At the same time, so far the research on the phenomenon of special legislation has been conducted mainly within the specific disciplines of jurisprudence (administrative law, constitutional law, etc.). There are no general or comparative studies, and in particular, there is no legal-theoretical and legal-philosophical reflection about incidental legislation. A legal definition of the concept of special legislation has not been developed. There is the lack of more extensive research into its application and interpretation. No recommendations were formulated regarding its creation, both in terms of the political process and legislative technique. In this state of affair, the proposed research fills a very important gap in Polish and global jurisprudence, and its results may, in the longer term, inspire changes in the creation and application of law.\r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Legal instruments for air protection in Poland and the Czech Republic. Comparative Law Study <\/b>
\u2022 NCN Miniatura nr: 2023\/07\/X\/HS5\/00424
\u2022 >\u2022 Implementation period: 5 September 2023 \u2013 4 September 2024
\u2022 Project manager: dr Ewa Radecka
\u2022 Budget: 19 267 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n Taking up this research topic results from the necessity of a broader study of this matter, along with a juxtaposition of Polish and foreign (Czech) solutions. The reference to the Czech legal system stems from its geographical proximity (proximity to Poland), similar problems (post-communist state) and membership in the EU. Despite these obvious similarities, the two countries deal with air protection in completely different ways. According to reports from the European Environment Agency, the Czech Republic has better air quality than Poland (https:\/\/www.eea.europa.eu\/themes\/air\/country-fact-sheets\/2022-country-fact-sheets\/czechia-air-pollution-country). The analysis within the project will allow to determine how Poland and the Czech Republic have normalized this topic, which will be the starting point for a comparative study, which is particularly needed in order to develop an appropriate (i.e. effective and protective) model of air protection in Poland. This, in turn, will give an opportunity to answer the question whether it is expedient and possible to adapt some of the solutions known in the foreign legal system to the Polish legislation and whether this could contribute to the development of effective and efficient Polish legislation in the field of air protection, i.e. effectively protecting both this component of the environment and fauna, flora, as well as human health and life.\r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n
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<\/h3>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Conceptual metaphors in criminal mediation \u2013 the social workings of law<\/b>
\u2022 NCN PRELUDIUM no.: 2023\/49\/N\/HS5\/03297
\u2022 Implementation period: 1 February 2024 - 31 January 2027
\u2022 Principal investigator: Wojciech Leder, MSc
\u2022 Budget: 205 765 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Constitutional Zugzwang: Towards a theory of constitutional momentum change<\/b>
\u2022 NCN OPUS no.: 2023\/51\/B\/HS5\/01018
\u2022 Implementation period: October 1, 2024 \u2013 September 30, 2028
\u2022 Project manager: Dr. Mauro Arturo Rivera Le\u00f3n
\u2022 Budget: 1 852 143 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n The aim of the Zugzwang Project is to prove that some countries are falling into what the project calls a 'constitutional Zugzwang', i.e. a dynamic of frequent change that has negative systemic effects. Its purpose is to define, measure and quantify them. By means of a comparative analysis of the law, the Zugzwang Project will make a pre-selection of countries where a constitutional Zugzwang is likely to have occurred. This will create a national historical dataset of change so that episodes of acceleration can be identified by a set of relevant indicators, e.g. a compound annual growth rate or a time-series analysis technique.\r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n The use of procedural coercive measures against persons with mental disorders in Polish criminal proceedings in the light of EU and international law standards<\/b>
\u2022 NCN PRELUDIUM no.: 2023\/49\/N\/HS5\/02863
\u2022 Implementation period: July 10. 2024 - July 9. 2027
\u2022 Project manager: Marcin Burdzik, PhD
\u2022 Budget: 145 991 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n The aim of the research project is to solve the problem of the use of coercive measures provided for in the Act 6.06.1997 \u2013 Code of Criminal Procedure (Journal of Laws of 2022, item 1375) against persons with mental disorders, in the context of international and EU standards of human rights protection, and to assess the adequacy of the guarantee mechanisms provided therein. Due to the interdisciplinary, legal and medical nature of the issue, research is carried out simultaneously in four areas: medical, international law, EU law and national law. The aim of the research conducted in the first area is to identify legally significant symptoms of individual mental disorders, i.e. symptoms that may be relevant in the context of the use of coercive measures. At this stage, the achievements of medical sciences in the field of psychiatry and the leading classifications of diseases (ICD-11, ICD-10, DSM-5) will be taken into account.\nIn the next stages, international, EU and national regulations will be analyzed, respectively, along with the achievements of doctrine and jurisprudence. The aim of these activities is to identify guarantee mechanisms that may be used to protect the rights of persons with mental disorders against whom coercive measures are applied. The implementation of the project will lead to a holistic analysis of the presented issue. Its effect will be a review of the provisions regulating the use of coercive measures in the Polish criminal process and an assessment of the adequacy of the guarantee mechanisms provided in this respect. The identification of national guarantee mechanisms will allow for their subsequent assessment in the context of solutions provided for in international and EU law. Finally, the findings in all four areas will help identify legal solutions that, due to their inadequacy, threaten the rights of persons with mental disorders against whom coercive measures are applied. The results of ...\n\r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Judicial actualization of the meaning of a legal text in changing circumstances. Comparative law approach<\/b>
\u2022 NCN SONATA no.: 2023\/51\/D\/HS5\/00316
\u2022 Implementation period: October 1. 2024-September 30. 2027
\u2022 Project manager: Paulina Konca, PhD
\u2022 Budget: 647 874 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n The project has two main objectives. The first is to determine and compare how the courts of selected countries update the meaning of legal provisions, i.e. adapt their content to changing circumstances. The research will be of a comparative legal nature. Three countries will be compared: Poland, Spain and Ireland. The second objective is to determine the consequences of formulating update directives with such and not other content and in such and not another form (provisions or established jurisprudence practice - the solutions adopted in the analysed countries regarding the updating rules have different status):\nFirst of all, how does the judicial actualization of the meaning affect the position of the legislator and the courts in the light of the principle of the separation of powers and what impact does it have on the implementation of the principle of legal certainty. The research will consist of an analysis of the legislation and case law of selected countries and relevant literature. The draft may significantly deepen the understanding of the functioning of the principles of updating in the conditions of their formal codification or free shaping by judicial practice, and constitute an important contribution to the discussion on the role of the judge in a democratic state ruled by law and the ways and limitations of implementing such values as legal certainty.\n\r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Foundations. Sources, genesis and assessment of the sustainability of the work of the Codification Commission of the Republic of Poland<\/b>
\u2022 NCN OPUS no.: 2023\/51\/B\/HS5\/01933
\u2022 Implementation period: July 18, 2024-July 17, 2027
\u2022 Project manager: dr Grzegorz Nancka
\u2022 Budget: 291 592 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n The aim of this project is to determine whether the work of the Codification Commission of the Republic of Poland from the years 1919-1939 can be treated as the foundation of contemporary Polish basic civil concepts. The research covers those branches of law that were not codified in interwar Poland, i.e. the general part of civil law, property law, inheritance law and family law (including matrimonial law). The source basis for the research are unique, hitherto unknown sources on the history of the codification of law in interwar Poland, including the products of the Commission's activities, found in the\nduring preliminary examinations. Thanks to this, the research opens up a previously non-existent perspective on the comparison of materials from the codification of law in interwar Poland with the decrees coming into force immediately after World War II and later the Civil Code of 1964 and the Family and Guardianship Code of 1964. There are several reasons for the need to undertake tests in the indicated scope. The implementation of the project will contribute to filling a significant gap in knowledge about the Commission's activities in the scope indicated in this project. This issue has not yet been studied globally, and the project itself will enable discussion on this topic not only on the national, but also on a broad, international level.\n\r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Environmental Impact Assessments in Poland and the Czech Republic. A comparative legal study<\/b>
\u2022 NCN MINIATURA 8 no.: 2024\/08\/X\/HS5\/00709
\u2022 Implementation period: October 11, 2024-October 10, 2027
\u2022 Project manager: dr Filip Nawrot
\u2022 Budget: 13 218 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Taking plastic trees and bad sex seriously. Fresh insights into the liberal vs. legal moralism debate over coercive regulation<\/b>
\u2022 NCN OPUS no.: 2024\/53\/B\/HS5\/04354
\u2022 Implementation period:
\u2022 Project manager: dr Maciej Juzaszek
\u2022 Budget: 1 024 589 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Carbon farming model - a comparative study<\/b>
\u2022 NCN MINIATURA 8 no.: 2024\/08\/X\/HS5\/01569
\u2022 Implementation period: December 10. 2024 - December 9. 2025
\u2022 Project manager: dr Monika \u0141ata
\u2022 Budget: 25 021 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Instruments of long-term shareholder engagement in listed companies - a comparative analysis<\/b>
\u2022 NCN PRELUDIUM 23 no.: 2024\/53\/N\/HS5\/00255
\u2022 Implementation period: January 24., 2025 - January 23., 2027
\u2022 Project manager: mgr Dominik Mizerski
\u2022 Budget: 74 055 PLN PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Ecological law of obligations - transformation of European private law from the perspective of Chinese civil code provisions<\/b>
\u2022 NCN PRELUDIUM 23 no.: 2024\/53\/N\/HS5\/03550
\u2022 Implementation period: January 27, 2025 - January 26., 2028
\u2022 Project manager: mgr Jakub Zwierzchowski
\u2022 Budget: 172 000 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n <\/div> \r\n [\/vc_tta_section][vc_tta_section title=”NCN Projects 2023″ tab_id=”1720095342289-c33acf51-6f65″]\r\n \r\n \r\n \r\n <\/p>\n<\/div>\r\n <\/div>\r\n <\/div>\r\n
\r\n <\/h3>\r\n \r\n \r\n \r\n \r\n \r\n \r\n The language rights protection standard for beneficiaries of international protection in Europe: A new legal approach to harmonize integration<\/b>
\u2022 NCN Prelude no.: 2022\/45\/N\/HS5\/00961
\u2022 Implementation period: January 15, 2023 \u2013 January 24, 2026
\u2022 Project manager: mgr Illia Klinytskyi
\u2022 Project supervisor: Prof. Maria Coady
\u2022 Nature of the project: promoter research project
\u2022 Budget: 141 405 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n For over a decade, most European Union countries have been at the epicentre of migration processes. Only the current armed conflict between Russia and Ukraine, according to UNHCR forecasts, will cause an influx of refugees to Poland, i.e. at least 4,300,000 by the end of 2022. Considering the dynamics of these phenomena, still in October 2020, the European Commission proposed a new pact on migration and asylum, proposing new and improved EU asylum and migration system procedures. The dynamics of these events show vividly that problems that seemed to have already been solved have returned with redoubled force. In particular, the protection of the linguistic rights of immigrants who enjoy the status of beneficiaries of international protection (BIP) comes to the fore. This issue has not yet received a systematic approach and elaboration. The protection of language rights is generally considered from the perspective of minority rights. The current policy on minority and regional languages in Europe is limited to the indigenous citizens of particular states and therefore does not cover foreigners who do not have the nationality of the country of permanent residence or who do not have the status of a national minority. Consequently, the personal and collective needs of BIP in the context of their language rights are not recognised. The research project will fill this gap. The planned research aims to create a standard for the protection of BIP's language rights based on global, regional and national regulatory frameworks by answering four fundamental questions: 1. How is the understanding of the minimum of language rights presented in the literature on the subject? 2. What international and regional norms should be considered as the necessary minimum for language rights of BIP on a regional, state and EU basis? 3. To what extent does the status of national minorities match the status of BIP in their possibility to use preferred languages in the public sphere? 4. What legal instruments are designed or should be implemented to protect that minimum for BIP? The primary function of human rights is the pervasive protection of the fundamental rights of all people. However, the lack of a standard of protection for the language rights of the individual contributes to a failure to respect the cultural and linguistic distinctiveness of BIP in the procedures applied to them. As a result, integration processes often lead to unequal treatment of BIP. European countries do not apply a single, common standard for guaranteeing language rights. Often, immigration policy is not based on the gradual and harmonious integration of BIP but on the assumption of their full assimilation into the host country. This is a discriminatory approach toward BIP. It fails to take any account of the communication and cultural needs of BIP. For example, in the educational systems of countries such as Poland or Latvia, a child must obtain a positive mark in the state language to be promoted to the next grade; these regulations do not consider the lack of previous experience in the chosen language. State language examinations according to rules that do not take into account previous linguistic experience are compulsory under most state educational quality assessment systems, which can pose a severe problem for BIP children. The requirement of knowledge of the state's language can also be a discriminatory factor in hiring or in administrative proceedings. All this makes the establishment of a minimum of language rights at the transnational level a necessary condition for granting adequate protection to the communicative and cultural needs of BIP for their language rights. The research project aims to set a standard of language rights protection for beneficiaries of international protection in Europe and formulate a new legal approach to the problem of harmonisation of BIP integration into the host society. The point of reference for the considerations will be the existing legal regulations concerning language rights at the level of the universal system of human rights (UN), supranational multilateral regulations, including the law of the EU and the Council of Europe, as well as the case-law of the European Court of Human Rights, the Human Rights Committee and the Court of Justice. The legal regulations in force in Europe and in the EU law will be compared with the federal legislation and the national migration policy of the United States of America. The solutions adopted in this country, both in the sphere of legal solutions and the policy towards immigrants, will be treated as exemplary due to the long-standing experience of integration processes and the application of anti-discrimination practices, as well as various possible variants of solutions in the national policy regulating language rights. As a result, the effectiveness of the current system for the protection of the linguistic rights of BIP will be established, as well as the current needs of this social group concerning language guarantees, to be able to formulate possible future legal solutions (i.e. de lege feredna proposals). The planned outcome of the project will be the creation of a model for the protection of the linguistic rights necessary (minimum) for the use of language in the public sphere and the definition of indicators allowing for a transparent assessment of the degree of protection in order to demonstrate that the required standard of linguistic guarantees is met. In this way, the research project also contributes, from a language rights perspective to the critical international debate on migrants' rights to fill existing legislative gaps in this area in both international and national law.\r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Special legislation from the perspective of legal theory and philosophy of law<\/b>
\u2022 NCN Prelude no.: 2022\/45\/B\/HS5\/00919
\u2022 Implementation period: January 16, 2023 \u2013 January 15, 2026
\u2022 Project manager: Dr. Mateusz Zeifert
\u2022 Nature of the project: promoter research project
\u2022 Budget: 269 088 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n The purpose of the project: The objective of the research is to obtain scientific knowledge about the phenomenon known as \u201cspecial legislation\u201d (in Polish \u2018specustawy\u2019) and to discuss it from the perspective of legal theory and philosophy of law. This is aimed at expanding the discussion about special legislation on the international level. The project will establish the methodological and conceptual foundations for future comparative research. In particular, the following questions should be answered: 1) What statutes are referred to as \"special legislation\"? 2) What is \u201cspecial\u201d about those statutes? 3) Does the application of special legislation by courts differ from the application of ordinary statutes? 4) What are the benefits and risks of enacting special legislation? 5) How similar challenges are dealt with in other Western legal systems? 2. Planned research: The project will consist of six main stages: 1) the study of the use of the term \u201cspecial legislation\u201d (\u201cspecustawa\u201d) and related terms; 2) the analysis of legislative acts considered as special legislation; 3) the attempt to formulate a definition of the concept of special legislation and delineate its scope from other related phenomena; 4) the analysis of the application of special legislation by courts; 5) the critical analysis of special legislation in light of legal-theoretical, constitutional and legalphilosophical concepts and values; 6) the comparison between Polish special legislation (\u201cspecustawy\u201d) and similar concepts known in other legal systems. 3. Justification for the selection of the research topic: Special legislation (also: \u201cexceptional legislation\u201d, \"incidental legislation\", etc.) has been a permanent element of the Polish legal order since the beginning of the 21st century, although the rules for its creation have not been specified in any legal act, and the regulations contained therein often raise fundamental reservations on the part of legal theorists and legal practitioners. It has been playing an increasingly important role in recent years. As indicated in the literature, in some areas of law, incidental legislation has become the rule, and ordinary legislation has become the exception. At the same time, so far the research on the phenomenon of special legislation has been conducted mainly within the specific disciplines of jurisprudence (administrative law, constitutional law, etc.). There are no general or comparative studies, and in particular, there is no legal-theoretical and legal-philosophical reflection about incidental legislation. A legal definition of the concept of special legislation has not been developed. There is the lack of more extensive research into its application and interpretation. No recommendations were formulated regarding its creation, both in terms of the political process and legislative technique. In this state of affair, the proposed research fills a very important gap in Polish and global jurisprudence, and its results may, in the longer term, inspire changes in the creation and application of law.\r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Legal instruments for air protection in Poland and the Czech Republic. Comparative Law Study <\/b>
\u2022 NCN Miniatura nr: 2023\/07\/X\/HS5\/00424
\u2022 >\u2022 Implementation period: 5 September 2023 \u2013 4 September 2024
\u2022 Project manager: dr Ewa Radecka
\u2022 Budget: 19 267 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n Taking up this research topic results from the necessity of a broader study of this matter, along with a juxtaposition of Polish and foreign (Czech) solutions. The reference to the Czech legal system stems from its geographical proximity (proximity to Poland), similar problems (post-communist state) and membership in the EU. Despite these obvious similarities, the two countries deal with air protection in completely different ways. According to reports from the European Environment Agency, the Czech Republic has better air quality than Poland (https:\/\/www.eea.europa.eu\/themes\/air\/country-fact-sheets\/2022-country-fact-sheets\/czechia-air-pollution-country). The analysis within the project will allow to determine how Poland and the Czech Republic have normalized this topic, which will be the starting point for a comparative study, which is particularly needed in order to develop an appropriate (i.e. effective and protective) model of air protection in Poland. This, in turn, will give an opportunity to answer the question whether it is expedient and possible to adapt some of the solutions known in the foreign legal system to the Polish legislation and whether this could contribute to the development of effective and efficient Polish legislation in the field of air protection, i.e. effectively protecting both this component of the environment and fauna, flora, as well as human health and life.\r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n
\r\n
\r\n \r\n \r\n Conceptual metaphors in criminal mediation \u2013 the social workings of law<\/b>
\r\n \r\n Conceptual metaphors in criminal mediation \u2013 the social workings of law<\/b>
\u2022 NCN PRELUDIUM no.: 2023\/49\/N\/HS5\/03297
\u2022 Implementation period: 1 February 2024 - 31 January 2027
\u2022 Principal investigator: Wojciech Leder, MSc
\u2022 Budget: 205 765 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Constitutional Zugzwang: Towards a theory of constitutional momentum change<\/b>
\u2022 NCN OPUS no.: 2023\/51\/B\/HS5\/01018
\u2022 Implementation period: October 1, 2024 \u2013 September 30, 2028
\u2022 Project manager: Dr. Mauro Arturo Rivera Le\u00f3n
\u2022 Budget: 1 852 143 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n The aim of the Zugzwang Project is to prove that some countries are falling into what the project calls a 'constitutional Zugzwang', i.e. a dynamic of frequent change that has negative systemic effects. Its purpose is to define, measure and quantify them. By means of a comparative analysis of the law, the Zugzwang Project will make a pre-selection of countries where a constitutional Zugzwang is likely to have occurred. This will create a national historical dataset of change so that episodes of acceleration can be identified by a set of relevant indicators, e.g. a compound annual growth rate or a time-series analysis technique.\r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n The use of procedural coercive measures against persons with mental disorders in Polish criminal proceedings in the light of EU and international law standards<\/b>
\u2022 NCN PRELUDIUM no.: 2023\/49\/N\/HS5\/02863
\u2022 Implementation period: July 10. 2024 - July 9. 2027
\u2022 Project manager: Marcin Burdzik, PhD
\u2022 Budget: 145 991 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n The aim of the research project is to solve the problem of the use of coercive measures provided for in the Act 6.06.1997 \u2013 Code of Criminal Procedure (Journal of Laws of 2022, item 1375) against persons with mental disorders, in the context of international and EU standards of human rights protection, and to assess the adequacy of the guarantee mechanisms provided therein. Due to the interdisciplinary, legal and medical nature of the issue, research is carried out simultaneously in four areas: medical, international law, EU law and national law. The aim of the research conducted in the first area is to identify legally significant symptoms of individual mental disorders, i.e. symptoms that may be relevant in the context of the use of coercive measures. At this stage, the achievements of medical sciences in the field of psychiatry and the leading classifications of diseases (ICD-11, ICD-10, DSM-5) will be taken into account.\nIn the next stages, international, EU and national regulations will be analyzed, respectively, along with the achievements of doctrine and jurisprudence. The aim of these activities is to identify guarantee mechanisms that may be used to protect the rights of persons with mental disorders against whom coercive measures are applied. The implementation of the project will lead to a holistic analysis of the presented issue. Its effect will be a review of the provisions regulating the use of coercive measures in the Polish criminal process and an assessment of the adequacy of the guarantee mechanisms provided in this respect. The identification of national guarantee mechanisms will allow for their subsequent assessment in the context of solutions provided for in international and EU law. Finally, the findings in all four areas will help identify legal solutions that, due to their inadequacy, threaten the rights of persons with mental disorders against whom coercive measures are applied. The results of ...\n\r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Judicial actualization of the meaning of a legal text in changing circumstances. Comparative law approach<\/b>
\u2022 NCN SONATA no.: 2023\/51\/D\/HS5\/00316
\u2022 Implementation period: October 1. 2024-September 30. 2027
\u2022 Project manager: Paulina Konca, PhD
\u2022 Budget: 647 874 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n The project has two main objectives. The first is to determine and compare how the courts of selected countries update the meaning of legal provisions, i.e. adapt their content to changing circumstances. The research will be of a comparative legal nature. Three countries will be compared: Poland, Spain and Ireland. The second objective is to determine the consequences of formulating update directives with such and not other content and in such and not another form (provisions or established jurisprudence practice - the solutions adopted in the analysed countries regarding the updating rules have different status):\nFirst of all, how does the judicial actualization of the meaning affect the position of the legislator and the courts in the light of the principle of the separation of powers and what impact does it have on the implementation of the principle of legal certainty. The research will consist of an analysis of the legislation and case law of selected countries and relevant literature. The draft may significantly deepen the understanding of the functioning of the principles of updating in the conditions of their formal codification or free shaping by judicial practice, and constitute an important contribution to the discussion on the role of the judge in a democratic state ruled by law and the ways and limitations of implementing such values as legal certainty.\n\r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Foundations. Sources, genesis and assessment of the sustainability of the work of the Codification Commission of the Republic of Poland<\/b>
\u2022 NCN OPUS no.: 2023\/51\/B\/HS5\/01933
\u2022 Implementation period: July 18, 2024-July 17, 2027
\u2022 Project manager: dr Grzegorz Nancka
\u2022 Budget: 291 592 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n The aim of this project is to determine whether the work of the Codification Commission of the Republic of Poland from the years 1919-1939 can be treated as the foundation of contemporary Polish basic civil concepts. The research covers those branches of law that were not codified in interwar Poland, i.e. the general part of civil law, property law, inheritance law and family law (including matrimonial law). The source basis for the research are unique, hitherto unknown sources on the history of the codification of law in interwar Poland, including the products of the Commission's activities, found in the\nduring preliminary examinations. Thanks to this, the research opens up a previously non-existent perspective on the comparison of materials from the codification of law in interwar Poland with the decrees coming into force immediately after World War II and later the Civil Code of 1964 and the Family and Guardianship Code of 1964. There are several reasons for the need to undertake tests in the indicated scope. The implementation of the project will contribute to filling a significant gap in knowledge about the Commission's activities in the scope indicated in this project. This issue has not yet been studied globally, and the project itself will enable discussion on this topic not only on the national, but also on a broad, international level.\n\r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Environmental Impact Assessments in Poland and the Czech Republic. A comparative legal study<\/b>
\u2022 NCN MINIATURA 8 no.: 2024\/08\/X\/HS5\/00709
\u2022 Implementation period: October 11, 2024-October 10, 2027
\u2022 Project manager: dr Filip Nawrot
\u2022 Budget: 13 218 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Taking plastic trees and bad sex seriously. Fresh insights into the liberal vs. legal moralism debate over coercive regulation<\/b>
\u2022 NCN OPUS no.: 2024\/53\/B\/HS5\/04354
\u2022 Implementation period:
\u2022 Project manager: dr Maciej Juzaszek
\u2022 Budget: 1 024 589 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Carbon farming model - a comparative study<\/b>
\u2022 NCN MINIATURA 8 no.: 2024\/08\/X\/HS5\/01569
\u2022 Implementation period: December 10. 2024 - December 9. 2025
\u2022 Project manager: dr Monika \u0141ata
\u2022 Budget: 25 021 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Instruments of long-term shareholder engagement in listed companies - a comparative analysis<\/b>
\u2022 NCN PRELUDIUM 23 no.: 2024\/53\/N\/HS5\/00255
\u2022 Implementation period: January 24., 2025 - January 23., 2027
\u2022 Project manager: mgr Dominik Mizerski
\u2022 Budget: 74 055 PLN PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Ecological law of obligations - transformation of European private law from the perspective of Chinese civil code provisions<\/b>
\u2022 NCN PRELUDIUM 23 no.: 2024\/53\/N\/HS5\/03550
\u2022 Implementation period: January 27, 2025 - January 26., 2028
\u2022 Project manager: mgr Jakub Zwierzchowski
\u2022 Budget: 172 000 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n <\/div> \r\n [\/vc_tta_section][vc_tta_section title=”NCN Projects 2023″ tab_id=”1720095342289-c33acf51-6f65″]\r\n \r\n \r\n \r\n <\/p>\n<\/div>\r\n <\/div>\r\n <\/div>\r\n
\r\n <\/h3>\r\n \r\n \r\n \r\n \r\n \r\n \r\n The language rights protection standard for beneficiaries of international protection in Europe: A new legal approach to harmonize integration<\/b>
\u2022 NCN Prelude no.: 2022\/45\/N\/HS5\/00961
\u2022 Implementation period: January 15, 2023 \u2013 January 24, 2026
\u2022 Project manager: mgr Illia Klinytskyi
\u2022 Project supervisor: Prof. Maria Coady
\u2022 Nature of the project: promoter research project
\u2022 Budget: 141 405 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n For over a decade, most European Union countries have been at the epicentre of migration processes. Only the current armed conflict between Russia and Ukraine, according to UNHCR forecasts, will cause an influx of refugees to Poland, i.e. at least 4,300,000 by the end of 2022. Considering the dynamics of these phenomena, still in October 2020, the European Commission proposed a new pact on migration and asylum, proposing new and improved EU asylum and migration system procedures. The dynamics of these events show vividly that problems that seemed to have already been solved have returned with redoubled force. In particular, the protection of the linguistic rights of immigrants who enjoy the status of beneficiaries of international protection (BIP) comes to the fore. This issue has not yet received a systematic approach and elaboration. The protection of language rights is generally considered from the perspective of minority rights. The current policy on minority and regional languages in Europe is limited to the indigenous citizens of particular states and therefore does not cover foreigners who do not have the nationality of the country of permanent residence or who do not have the status of a national minority. Consequently, the personal and collective needs of BIP in the context of their language rights are not recognised. The research project will fill this gap. The planned research aims to create a standard for the protection of BIP's language rights based on global, regional and national regulatory frameworks by answering four fundamental questions: 1. How is the understanding of the minimum of language rights presented in the literature on the subject? 2. What international and regional norms should be considered as the necessary minimum for language rights of BIP on a regional, state and EU basis? 3. To what extent does the status of national minorities match the status of BIP in their possibility to use preferred languages in the public sphere? 4. What legal instruments are designed or should be implemented to protect that minimum for BIP? The primary function of human rights is the pervasive protection of the fundamental rights of all people. However, the lack of a standard of protection for the language rights of the individual contributes to a failure to respect the cultural and linguistic distinctiveness of BIP in the procedures applied to them. As a result, integration processes often lead to unequal treatment of BIP. European countries do not apply a single, common standard for guaranteeing language rights. Often, immigration policy is not based on the gradual and harmonious integration of BIP but on the assumption of their full assimilation into the host country. This is a discriminatory approach toward BIP. It fails to take any account of the communication and cultural needs of BIP. For example, in the educational systems of countries such as Poland or Latvia, a child must obtain a positive mark in the state language to be promoted to the next grade; these regulations do not consider the lack of previous experience in the chosen language. State language examinations according to rules that do not take into account previous linguistic experience are compulsory under most state educational quality assessment systems, which can pose a severe problem for BIP children. The requirement of knowledge of the state's language can also be a discriminatory factor in hiring or in administrative proceedings. All this makes the establishment of a minimum of language rights at the transnational level a necessary condition for granting adequate protection to the communicative and cultural needs of BIP for their language rights. The research project aims to set a standard of language rights protection for beneficiaries of international protection in Europe and formulate a new legal approach to the problem of harmonisation of BIP integration into the host society. The point of reference for the considerations will be the existing legal regulations concerning language rights at the level of the universal system of human rights (UN), supranational multilateral regulations, including the law of the EU and the Council of Europe, as well as the case-law of the European Court of Human Rights, the Human Rights Committee and the Court of Justice. The legal regulations in force in Europe and in the EU law will be compared with the federal legislation and the national migration policy of the United States of America. The solutions adopted in this country, both in the sphere of legal solutions and the policy towards immigrants, will be treated as exemplary due to the long-standing experience of integration processes and the application of anti-discrimination practices, as well as various possible variants of solutions in the national policy regulating language rights. As a result, the effectiveness of the current system for the protection of the linguistic rights of BIP will be established, as well as the current needs of this social group concerning language guarantees, to be able to formulate possible future legal solutions (i.e. de lege feredna proposals). The planned outcome of the project will be the creation of a model for the protection of the linguistic rights necessary (minimum) for the use of language in the public sphere and the definition of indicators allowing for a transparent assessment of the degree of protection in order to demonstrate that the required standard of linguistic guarantees is met. In this way, the research project also contributes, from a language rights perspective to the critical international debate on migrants' rights to fill existing legislative gaps in this area in both international and national law.\r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Special legislation from the perspective of legal theory and philosophy of law<\/b>
\u2022 NCN Prelude no.: 2022\/45\/B\/HS5\/00919
\u2022 Implementation period: January 16, 2023 \u2013 January 15, 2026
\u2022 Project manager: Dr. Mateusz Zeifert
\u2022 Nature of the project: promoter research project
\u2022 Budget: 269 088 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n The purpose of the project: The objective of the research is to obtain scientific knowledge about the phenomenon known as \u201cspecial legislation\u201d (in Polish \u2018specustawy\u2019) and to discuss it from the perspective of legal theory and philosophy of law. This is aimed at expanding the discussion about special legislation on the international level. The project will establish the methodological and conceptual foundations for future comparative research. In particular, the following questions should be answered: 1) What statutes are referred to as \"special legislation\"? 2) What is \u201cspecial\u201d about those statutes? 3) Does the application of special legislation by courts differ from the application of ordinary statutes? 4) What are the benefits and risks of enacting special legislation? 5) How similar challenges are dealt with in other Western legal systems? 2. Planned research: The project will consist of six main stages: 1) the study of the use of the term \u201cspecial legislation\u201d (\u201cspecustawa\u201d) and related terms; 2) the analysis of legislative acts considered as special legislation; 3) the attempt to formulate a definition of the concept of special legislation and delineate its scope from other related phenomena; 4) the analysis of the application of special legislation by courts; 5) the critical analysis of special legislation in light of legal-theoretical, constitutional and legalphilosophical concepts and values; 6) the comparison between Polish special legislation (\u201cspecustawy\u201d) and similar concepts known in other legal systems. 3. Justification for the selection of the research topic: Special legislation (also: \u201cexceptional legislation\u201d, \"incidental legislation\", etc.) has been a permanent element of the Polish legal order since the beginning of the 21st century, although the rules for its creation have not been specified in any legal act, and the regulations contained therein often raise fundamental reservations on the part of legal theorists and legal practitioners. It has been playing an increasingly important role in recent years. As indicated in the literature, in some areas of law, incidental legislation has become the rule, and ordinary legislation has become the exception. At the same time, so far the research on the phenomenon of special legislation has been conducted mainly within the specific disciplines of jurisprudence (administrative law, constitutional law, etc.). There are no general or comparative studies, and in particular, there is no legal-theoretical and legal-philosophical reflection about incidental legislation. A legal definition of the concept of special legislation has not been developed. There is the lack of more extensive research into its application and interpretation. No recommendations were formulated regarding its creation, both in terms of the political process and legislative technique. In this state of affair, the proposed research fills a very important gap in Polish and global jurisprudence, and its results may, in the longer term, inspire changes in the creation and application of law.\r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Legal instruments for air protection in Poland and the Czech Republic. Comparative Law Study <\/b>
\u2022 NCN Miniatura nr: 2023\/07\/X\/HS5\/00424
\u2022 >\u2022 Implementation period: 5 September 2023 \u2013 4 September 2024
\u2022 Project manager: dr Ewa Radecka
\u2022 Budget: 19 267 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n Taking up this research topic results from the necessity of a broader study of this matter, along with a juxtaposition of Polish and foreign (Czech) solutions. The reference to the Czech legal system stems from its geographical proximity (proximity to Poland), similar problems (post-communist state) and membership in the EU. Despite these obvious similarities, the two countries deal with air protection in completely different ways. According to reports from the European Environment Agency, the Czech Republic has better air quality than Poland (https:\/\/www.eea.europa.eu\/themes\/air\/country-fact-sheets\/2022-country-fact-sheets\/czechia-air-pollution-country). The analysis within the project will allow to determine how Poland and the Czech Republic have normalized this topic, which will be the starting point for a comparative study, which is particularly needed in order to develop an appropriate (i.e. effective and protective) model of air protection in Poland. This, in turn, will give an opportunity to answer the question whether it is expedient and possible to adapt some of the solutions known in the foreign legal system to the Polish legislation and whether this could contribute to the development of effective and efficient Polish legislation in the field of air protection, i.e. effectively protecting both this component of the environment and fauna, flora, as well as human health and life.\r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n
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\r\n
\r\n \r\n \r\n Constitutional Zugzwang: Towards a theory of constitutional momentum change<\/b>
\r\n \r\n Constitutional Zugzwang: Towards a theory of constitutional momentum change<\/b>
\u2022 NCN OPUS no.: 2023\/51\/B\/HS5\/01018
\u2022 Implementation period: October 1, 2024 \u2013 September 30, 2028
\u2022 Project manager: Dr. Mauro Arturo Rivera Le\u00f3n
\u2022 Budget: 1 852 143 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n The aim of the Zugzwang Project is to prove that some countries are falling into what the project calls a 'constitutional Zugzwang', i.e. a dynamic of frequent change that has negative systemic effects. Its purpose is to define, measure and quantify them. By means of a comparative analysis of the law, the Zugzwang Project will make a pre-selection of countries where a constitutional Zugzwang is likely to have occurred. This will create a national historical dataset of change so that episodes of acceleration can be identified by a set of relevant indicators, e.g. a compound annual growth rate or a time-series analysis technique.\r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n The use of procedural coercive measures against persons with mental disorders in Polish criminal proceedings in the light of EU and international law standards<\/b>
\u2022 NCN PRELUDIUM no.: 2023\/49\/N\/HS5\/02863
\u2022 Implementation period: July 10. 2024 - July 9. 2027
\u2022 Project manager: Marcin Burdzik, PhD
\u2022 Budget: 145 991 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n The aim of the research project is to solve the problem of the use of coercive measures provided for in the Act 6.06.1997 \u2013 Code of Criminal Procedure (Journal of Laws of 2022, item 1375) against persons with mental disorders, in the context of international and EU standards of human rights protection, and to assess the adequacy of the guarantee mechanisms provided therein. Due to the interdisciplinary, legal and medical nature of the issue, research is carried out simultaneously in four areas: medical, international law, EU law and national law. The aim of the research conducted in the first area is to identify legally significant symptoms of individual mental disorders, i.e. symptoms that may be relevant in the context of the use of coercive measures. At this stage, the achievements of medical sciences in the field of psychiatry and the leading classifications of diseases (ICD-11, ICD-10, DSM-5) will be taken into account.\nIn the next stages, international, EU and national regulations will be analyzed, respectively, along with the achievements of doctrine and jurisprudence. The aim of these activities is to identify guarantee mechanisms that may be used to protect the rights of persons with mental disorders against whom coercive measures are applied. The implementation of the project will lead to a holistic analysis of the presented issue. Its effect will be a review of the provisions regulating the use of coercive measures in the Polish criminal process and an assessment of the adequacy of the guarantee mechanisms provided in this respect. The identification of national guarantee mechanisms will allow for their subsequent assessment in the context of solutions provided for in international and EU law. Finally, the findings in all four areas will help identify legal solutions that, due to their inadequacy, threaten the rights of persons with mental disorders against whom coercive measures are applied. The results of ...\n\r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Judicial actualization of the meaning of a legal text in changing circumstances. Comparative law approach<\/b>
\u2022 NCN SONATA no.: 2023\/51\/D\/HS5\/00316
\u2022 Implementation period: October 1. 2024-September 30. 2027
\u2022 Project manager: Paulina Konca, PhD
\u2022 Budget: 647 874 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n The project has two main objectives. The first is to determine and compare how the courts of selected countries update the meaning of legal provisions, i.e. adapt their content to changing circumstances. The research will be of a comparative legal nature. Three countries will be compared: Poland, Spain and Ireland. The second objective is to determine the consequences of formulating update directives with such and not other content and in such and not another form (provisions or established jurisprudence practice - the solutions adopted in the analysed countries regarding the updating rules have different status):\nFirst of all, how does the judicial actualization of the meaning affect the position of the legislator and the courts in the light of the principle of the separation of powers and what impact does it have on the implementation of the principle of legal certainty. The research will consist of an analysis of the legislation and case law of selected countries and relevant literature. The draft may significantly deepen the understanding of the functioning of the principles of updating in the conditions of their formal codification or free shaping by judicial practice, and constitute an important contribution to the discussion on the role of the judge in a democratic state ruled by law and the ways and limitations of implementing such values as legal certainty.\n\r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Foundations. Sources, genesis and assessment of the sustainability of the work of the Codification Commission of the Republic of Poland<\/b>
\u2022 NCN OPUS no.: 2023\/51\/B\/HS5\/01933
\u2022 Implementation period: July 18, 2024-July 17, 2027
\u2022 Project manager: dr Grzegorz Nancka
\u2022 Budget: 291 592 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n The aim of this project is to determine whether the work of the Codification Commission of the Republic of Poland from the years 1919-1939 can be treated as the foundation of contemporary Polish basic civil concepts. The research covers those branches of law that were not codified in interwar Poland, i.e. the general part of civil law, property law, inheritance law and family law (including matrimonial law). The source basis for the research are unique, hitherto unknown sources on the history of the codification of law in interwar Poland, including the products of the Commission's activities, found in the\nduring preliminary examinations. Thanks to this, the research opens up a previously non-existent perspective on the comparison of materials from the codification of law in interwar Poland with the decrees coming into force immediately after World War II and later the Civil Code of 1964 and the Family and Guardianship Code of 1964. There are several reasons for the need to undertake tests in the indicated scope. The implementation of the project will contribute to filling a significant gap in knowledge about the Commission's activities in the scope indicated in this project. This issue has not yet been studied globally, and the project itself will enable discussion on this topic not only on the national, but also on a broad, international level.\n\r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Environmental Impact Assessments in Poland and the Czech Republic. A comparative legal study<\/b>
\u2022 NCN MINIATURA 8 no.: 2024\/08\/X\/HS5\/00709
\u2022 Implementation period: October 11, 2024-October 10, 2027
\u2022 Project manager: dr Filip Nawrot
\u2022 Budget: 13 218 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Taking plastic trees and bad sex seriously. Fresh insights into the liberal vs. legal moralism debate over coercive regulation<\/b>
\u2022 NCN OPUS no.: 2024\/53\/B\/HS5\/04354
\u2022 Implementation period:
\u2022 Project manager: dr Maciej Juzaszek
\u2022 Budget: 1 024 589 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Carbon farming model - a comparative study<\/b>
\u2022 NCN MINIATURA 8 no.: 2024\/08\/X\/HS5\/01569
\u2022 Implementation period: December 10. 2024 - December 9. 2025
\u2022 Project manager: dr Monika \u0141ata
\u2022 Budget: 25 021 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Instruments of long-term shareholder engagement in listed companies - a comparative analysis<\/b>
\u2022 NCN PRELUDIUM 23 no.: 2024\/53\/N\/HS5\/00255
\u2022 Implementation period: January 24., 2025 - January 23., 2027
\u2022 Project manager: mgr Dominik Mizerski
\u2022 Budget: 74 055 PLN PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Ecological law of obligations - transformation of European private law from the perspective of Chinese civil code provisions<\/b>
\u2022 NCN PRELUDIUM 23 no.: 2024\/53\/N\/HS5\/03550
\u2022 Implementation period: January 27, 2025 - January 26., 2028
\u2022 Project manager: mgr Jakub Zwierzchowski
\u2022 Budget: 172 000 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n <\/div> \r\n [\/vc_tta_section][vc_tta_section title=”NCN Projects 2023″ tab_id=”1720095342289-c33acf51-6f65″]\r\n \r\n \r\n \r\n <\/p>\n<\/div>\r\n <\/div>\r\n <\/div>\r\n
\r\n <\/h3>\r\n \r\n \r\n \r\n \r\n \r\n \r\n The language rights protection standard for beneficiaries of international protection in Europe: A new legal approach to harmonize integration<\/b>
\u2022 NCN Prelude no.: 2022\/45\/N\/HS5\/00961
\u2022 Implementation period: January 15, 2023 \u2013 January 24, 2026
\u2022 Project manager: mgr Illia Klinytskyi
\u2022 Project supervisor: Prof. Maria Coady
\u2022 Nature of the project: promoter research project
\u2022 Budget: 141 405 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n For over a decade, most European Union countries have been at the epicentre of migration processes. Only the current armed conflict between Russia and Ukraine, according to UNHCR forecasts, will cause an influx of refugees to Poland, i.e. at least 4,300,000 by the end of 2022. Considering the dynamics of these phenomena, still in October 2020, the European Commission proposed a new pact on migration and asylum, proposing new and improved EU asylum and migration system procedures. The dynamics of these events show vividly that problems that seemed to have already been solved have returned with redoubled force. In particular, the protection of the linguistic rights of immigrants who enjoy the status of beneficiaries of international protection (BIP) comes to the fore. This issue has not yet received a systematic approach and elaboration. The protection of language rights is generally considered from the perspective of minority rights. The current policy on minority and regional languages in Europe is limited to the indigenous citizens of particular states and therefore does not cover foreigners who do not have the nationality of the country of permanent residence or who do not have the status of a national minority. Consequently, the personal and collective needs of BIP in the context of their language rights are not recognised. The research project will fill this gap. The planned research aims to create a standard for the protection of BIP's language rights based on global, regional and national regulatory frameworks by answering four fundamental questions: 1. How is the understanding of the minimum of language rights presented in the literature on the subject? 2. What international and regional norms should be considered as the necessary minimum for language rights of BIP on a regional, state and EU basis? 3. To what extent does the status of national minorities match the status of BIP in their possibility to use preferred languages in the public sphere? 4. What legal instruments are designed or should be implemented to protect that minimum for BIP? The primary function of human rights is the pervasive protection of the fundamental rights of all people. However, the lack of a standard of protection for the language rights of the individual contributes to a failure to respect the cultural and linguistic distinctiveness of BIP in the procedures applied to them. As a result, integration processes often lead to unequal treatment of BIP. European countries do not apply a single, common standard for guaranteeing language rights. Often, immigration policy is not based on the gradual and harmonious integration of BIP but on the assumption of their full assimilation into the host country. This is a discriminatory approach toward BIP. It fails to take any account of the communication and cultural needs of BIP. For example, in the educational systems of countries such as Poland or Latvia, a child must obtain a positive mark in the state language to be promoted to the next grade; these regulations do not consider the lack of previous experience in the chosen language. State language examinations according to rules that do not take into account previous linguistic experience are compulsory under most state educational quality assessment systems, which can pose a severe problem for BIP children. The requirement of knowledge of the state's language can also be a discriminatory factor in hiring or in administrative proceedings. All this makes the establishment of a minimum of language rights at the transnational level a necessary condition for granting adequate protection to the communicative and cultural needs of BIP for their language rights. The research project aims to set a standard of language rights protection for beneficiaries of international protection in Europe and formulate a new legal approach to the problem of harmonisation of BIP integration into the host society. The point of reference for the considerations will be the existing legal regulations concerning language rights at the level of the universal system of human rights (UN), supranational multilateral regulations, including the law of the EU and the Council of Europe, as well as the case-law of the European Court of Human Rights, the Human Rights Committee and the Court of Justice. The legal regulations in force in Europe and in the EU law will be compared with the federal legislation and the national migration policy of the United States of America. The solutions adopted in this country, both in the sphere of legal solutions and the policy towards immigrants, will be treated as exemplary due to the long-standing experience of integration processes and the application of anti-discrimination practices, as well as various possible variants of solutions in the national policy regulating language rights. As a result, the effectiveness of the current system for the protection of the linguistic rights of BIP will be established, as well as the current needs of this social group concerning language guarantees, to be able to formulate possible future legal solutions (i.e. de lege feredna proposals). The planned outcome of the project will be the creation of a model for the protection of the linguistic rights necessary (minimum) for the use of language in the public sphere and the definition of indicators allowing for a transparent assessment of the degree of protection in order to demonstrate that the required standard of linguistic guarantees is met. In this way, the research project also contributes, from a language rights perspective to the critical international debate on migrants' rights to fill existing legislative gaps in this area in both international and national law.\r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Special legislation from the perspective of legal theory and philosophy of law<\/b>
\u2022 NCN Prelude no.: 2022\/45\/B\/HS5\/00919
\u2022 Implementation period: January 16, 2023 \u2013 January 15, 2026
\u2022 Project manager: Dr. Mateusz Zeifert
\u2022 Nature of the project: promoter research project
\u2022 Budget: 269 088 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n The purpose of the project: The objective of the research is to obtain scientific knowledge about the phenomenon known as \u201cspecial legislation\u201d (in Polish \u2018specustawy\u2019) and to discuss it from the perspective of legal theory and philosophy of law. This is aimed at expanding the discussion about special legislation on the international level. The project will establish the methodological and conceptual foundations for future comparative research. In particular, the following questions should be answered: 1) What statutes are referred to as \"special legislation\"? 2) What is \u201cspecial\u201d about those statutes? 3) Does the application of special legislation by courts differ from the application of ordinary statutes? 4) What are the benefits and risks of enacting special legislation? 5) How similar challenges are dealt with in other Western legal systems? 2. Planned research: The project will consist of six main stages: 1) the study of the use of the term \u201cspecial legislation\u201d (\u201cspecustawa\u201d) and related terms; 2) the analysis of legislative acts considered as special legislation; 3) the attempt to formulate a definition of the concept of special legislation and delineate its scope from other related phenomena; 4) the analysis of the application of special legislation by courts; 5) the critical analysis of special legislation in light of legal-theoretical, constitutional and legalphilosophical concepts and values; 6) the comparison between Polish special legislation (\u201cspecustawy\u201d) and similar concepts known in other legal systems. 3. Justification for the selection of the research topic: Special legislation (also: \u201cexceptional legislation\u201d, \"incidental legislation\", etc.) has been a permanent element of the Polish legal order since the beginning of the 21st century, although the rules for its creation have not been specified in any legal act, and the regulations contained therein often raise fundamental reservations on the part of legal theorists and legal practitioners. It has been playing an increasingly important role in recent years. As indicated in the literature, in some areas of law, incidental legislation has become the rule, and ordinary legislation has become the exception. At the same time, so far the research on the phenomenon of special legislation has been conducted mainly within the specific disciplines of jurisprudence (administrative law, constitutional law, etc.). There are no general or comparative studies, and in particular, there is no legal-theoretical and legal-philosophical reflection about incidental legislation. A legal definition of the concept of special legislation has not been developed. There is the lack of more extensive research into its application and interpretation. No recommendations were formulated regarding its creation, both in terms of the political process and legislative technique. In this state of affair, the proposed research fills a very important gap in Polish and global jurisprudence, and its results may, in the longer term, inspire changes in the creation and application of law.\r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Legal instruments for air protection in Poland and the Czech Republic. Comparative Law Study <\/b>
\u2022 NCN Miniatura nr: 2023\/07\/X\/HS5\/00424
\u2022 >\u2022 Implementation period: 5 September 2023 \u2013 4 September 2024
\u2022 Project manager: dr Ewa Radecka
\u2022 Budget: 19 267 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n Taking up this research topic results from the necessity of a broader study of this matter, along with a juxtaposition of Polish and foreign (Czech) solutions. The reference to the Czech legal system stems from its geographical proximity (proximity to Poland), similar problems (post-communist state) and membership in the EU. Despite these obvious similarities, the two countries deal with air protection in completely different ways. According to reports from the European Environment Agency, the Czech Republic has better air quality than Poland (https:\/\/www.eea.europa.eu\/themes\/air\/country-fact-sheets\/2022-country-fact-sheets\/czechia-air-pollution-country). The analysis within the project will allow to determine how Poland and the Czech Republic have normalized this topic, which will be the starting point for a comparative study, which is particularly needed in order to develop an appropriate (i.e. effective and protective) model of air protection in Poland. This, in turn, will give an opportunity to answer the question whether it is expedient and possible to adapt some of the solutions known in the foreign legal system to the Polish legislation and whether this could contribute to the development of effective and efficient Polish legislation in the field of air protection, i.e. effectively protecting both this component of the environment and fauna, flora, as well as human health and life.\r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n
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\r\n The aim of the Zugzwang Project is to prove that some countries are falling into what the project calls a 'constitutional Zugzwang', i.e. a dynamic of frequent change that has negative systemic effects. Its purpose is to define, measure and quantify them. By means of a comparative analysis of the law, the Zugzwang Project will make a pre-selection of countries where a constitutional Zugzwang is likely to have occurred. This will create a national historical dataset of change so that episodes of acceleration can be identified by a set of relevant indicators, e.g. a compound annual growth rate or a time-series analysis technique.\r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n
\r\n
\r\n
\r\n \r\n \r\n The use of procedural coercive measures against persons with mental disorders in Polish criminal proceedings in the light of EU and international law standards<\/b>
\r\n \r\n The use of procedural coercive measures against persons with mental disorders in Polish criminal proceedings in the light of EU and international law standards<\/b>
\u2022 NCN PRELUDIUM no.: 2023\/49\/N\/HS5\/02863
\u2022 Implementation period: July 10. 2024 - July 9. 2027
\u2022 Project manager: Marcin Burdzik, PhD
\u2022 Budget: 145 991 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n The aim of the research project is to solve the problem of the use of coercive measures provided for in the Act 6.06.1997 \u2013 Code of Criminal Procedure (Journal of Laws of 2022, item 1375) against persons with mental disorders, in the context of international and EU standards of human rights protection, and to assess the adequacy of the guarantee mechanisms provided therein. Due to the interdisciplinary, legal and medical nature of the issue, research is carried out simultaneously in four areas: medical, international law, EU law and national law. The aim of the research conducted in the first area is to identify legally significant symptoms of individual mental disorders, i.e. symptoms that may be relevant in the context of the use of coercive measures. At this stage, the achievements of medical sciences in the field of psychiatry and the leading classifications of diseases (ICD-11, ICD-10, DSM-5) will be taken into account.\nIn the next stages, international, EU and national regulations will be analyzed, respectively, along with the achievements of doctrine and jurisprudence. The aim of these activities is to identify guarantee mechanisms that may be used to protect the rights of persons with mental disorders against whom coercive measures are applied. The implementation of the project will lead to a holistic analysis of the presented issue. Its effect will be a review of the provisions regulating the use of coercive measures in the Polish criminal process and an assessment of the adequacy of the guarantee mechanisms provided in this respect. The identification of national guarantee mechanisms will allow for their subsequent assessment in the context of solutions provided for in international and EU law. Finally, the findings in all four areas will help identify legal solutions that, due to their inadequacy, threaten the rights of persons with mental disorders against whom coercive measures are applied. The results of ...\n\r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Judicial actualization of the meaning of a legal text in changing circumstances. Comparative law approach<\/b>
\u2022 NCN SONATA no.: 2023\/51\/D\/HS5\/00316
\u2022 Implementation period: October 1. 2024-September 30. 2027
\u2022 Project manager: Paulina Konca, PhD
\u2022 Budget: 647 874 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n The project has two main objectives. The first is to determine and compare how the courts of selected countries update the meaning of legal provisions, i.e. adapt their content to changing circumstances. The research will be of a comparative legal nature. Three countries will be compared: Poland, Spain and Ireland. The second objective is to determine the consequences of formulating update directives with such and not other content and in such and not another form (provisions or established jurisprudence practice - the solutions adopted in the analysed countries regarding the updating rules have different status):\nFirst of all, how does the judicial actualization of the meaning affect the position of the legislator and the courts in the light of the principle of the separation of powers and what impact does it have on the implementation of the principle of legal certainty. The research will consist of an analysis of the legislation and case law of selected countries and relevant literature. The draft may significantly deepen the understanding of the functioning of the principles of updating in the conditions of their formal codification or free shaping by judicial practice, and constitute an important contribution to the discussion on the role of the judge in a democratic state ruled by law and the ways and limitations of implementing such values as legal certainty.\n\r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Foundations. Sources, genesis and assessment of the sustainability of the work of the Codification Commission of the Republic of Poland<\/b>
\u2022 NCN OPUS no.: 2023\/51\/B\/HS5\/01933
\u2022 Implementation period: July 18, 2024-July 17, 2027
\u2022 Project manager: dr Grzegorz Nancka
\u2022 Budget: 291 592 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n The aim of this project is to determine whether the work of the Codification Commission of the Republic of Poland from the years 1919-1939 can be treated as the foundation of contemporary Polish basic civil concepts. The research covers those branches of law that were not codified in interwar Poland, i.e. the general part of civil law, property law, inheritance law and family law (including matrimonial law). The source basis for the research are unique, hitherto unknown sources on the history of the codification of law in interwar Poland, including the products of the Commission's activities, found in the\nduring preliminary examinations. Thanks to this, the research opens up a previously non-existent perspective on the comparison of materials from the codification of law in interwar Poland with the decrees coming into force immediately after World War II and later the Civil Code of 1964 and the Family and Guardianship Code of 1964. There are several reasons for the need to undertake tests in the indicated scope. The implementation of the project will contribute to filling a significant gap in knowledge about the Commission's activities in the scope indicated in this project. This issue has not yet been studied globally, and the project itself will enable discussion on this topic not only on the national, but also on a broad, international level.\n\r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Environmental Impact Assessments in Poland and the Czech Republic. A comparative legal study<\/b>
\u2022 NCN MINIATURA 8 no.: 2024\/08\/X\/HS5\/00709
\u2022 Implementation period: October 11, 2024-October 10, 2027
\u2022 Project manager: dr Filip Nawrot
\u2022 Budget: 13 218 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Taking plastic trees and bad sex seriously. Fresh insights into the liberal vs. legal moralism debate over coercive regulation<\/b>
\u2022 NCN OPUS no.: 2024\/53\/B\/HS5\/04354
\u2022 Implementation period:
\u2022 Project manager: dr Maciej Juzaszek
\u2022 Budget: 1 024 589 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Carbon farming model - a comparative study<\/b>
\u2022 NCN MINIATURA 8 no.: 2024\/08\/X\/HS5\/01569
\u2022 Implementation period: December 10. 2024 - December 9. 2025
\u2022 Project manager: dr Monika \u0141ata
\u2022 Budget: 25 021 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Instruments of long-term shareholder engagement in listed companies - a comparative analysis<\/b>
\u2022 NCN PRELUDIUM 23 no.: 2024\/53\/N\/HS5\/00255
\u2022 Implementation period: January 24., 2025 - January 23., 2027
\u2022 Project manager: mgr Dominik Mizerski
\u2022 Budget: 74 055 PLN PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Ecological law of obligations - transformation of European private law from the perspective of Chinese civil code provisions<\/b>
\u2022 NCN PRELUDIUM 23 no.: 2024\/53\/N\/HS5\/03550
\u2022 Implementation period: January 27, 2025 - January 26., 2028
\u2022 Project manager: mgr Jakub Zwierzchowski
\u2022 Budget: 172 000 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n <\/div> \r\n [\/vc_tta_section][vc_tta_section title=”NCN Projects 2023″ tab_id=”1720095342289-c33acf51-6f65″]\r\n \r\n \r\n \r\n <\/p>\n<\/div>\r\n <\/div>\r\n <\/div>\r\n
\r\n <\/h3>\r\n \r\n \r\n \r\n \r\n \r\n \r\n The language rights protection standard for beneficiaries of international protection in Europe: A new legal approach to harmonize integration<\/b>
\u2022 NCN Prelude no.: 2022\/45\/N\/HS5\/00961
\u2022 Implementation period: January 15, 2023 \u2013 January 24, 2026
\u2022 Project manager: mgr Illia Klinytskyi
\u2022 Project supervisor: Prof. Maria Coady
\u2022 Nature of the project: promoter research project
\u2022 Budget: 141 405 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n For over a decade, most European Union countries have been at the epicentre of migration processes. Only the current armed conflict between Russia and Ukraine, according to UNHCR forecasts, will cause an influx of refugees to Poland, i.e. at least 4,300,000 by the end of 2022. Considering the dynamics of these phenomena, still in October 2020, the European Commission proposed a new pact on migration and asylum, proposing new and improved EU asylum and migration system procedures. The dynamics of these events show vividly that problems that seemed to have already been solved have returned with redoubled force. In particular, the protection of the linguistic rights of immigrants who enjoy the status of beneficiaries of international protection (BIP) comes to the fore. This issue has not yet received a systematic approach and elaboration. The protection of language rights is generally considered from the perspective of minority rights. The current policy on minority and regional languages in Europe is limited to the indigenous citizens of particular states and therefore does not cover foreigners who do not have the nationality of the country of permanent residence or who do not have the status of a national minority. Consequently, the personal and collective needs of BIP in the context of their language rights are not recognised. The research project will fill this gap. The planned research aims to create a standard for the protection of BIP's language rights based on global, regional and national regulatory frameworks by answering four fundamental questions: 1. How is the understanding of the minimum of language rights presented in the literature on the subject? 2. What international and regional norms should be considered as the necessary minimum for language rights of BIP on a regional, state and EU basis? 3. To what extent does the status of national minorities match the status of BIP in their possibility to use preferred languages in the public sphere? 4. What legal instruments are designed or should be implemented to protect that minimum for BIP? The primary function of human rights is the pervasive protection of the fundamental rights of all people. However, the lack of a standard of protection for the language rights of the individual contributes to a failure to respect the cultural and linguistic distinctiveness of BIP in the procedures applied to them. As a result, integration processes often lead to unequal treatment of BIP. European countries do not apply a single, common standard for guaranteeing language rights. Often, immigration policy is not based on the gradual and harmonious integration of BIP but on the assumption of their full assimilation into the host country. This is a discriminatory approach toward BIP. It fails to take any account of the communication and cultural needs of BIP. For example, in the educational systems of countries such as Poland or Latvia, a child must obtain a positive mark in the state language to be promoted to the next grade; these regulations do not consider the lack of previous experience in the chosen language. State language examinations according to rules that do not take into account previous linguistic experience are compulsory under most state educational quality assessment systems, which can pose a severe problem for BIP children. The requirement of knowledge of the state's language can also be a discriminatory factor in hiring or in administrative proceedings. All this makes the establishment of a minimum of language rights at the transnational level a necessary condition for granting adequate protection to the communicative and cultural needs of BIP for their language rights. The research project aims to set a standard of language rights protection for beneficiaries of international protection in Europe and formulate a new legal approach to the problem of harmonisation of BIP integration into the host society. The point of reference for the considerations will be the existing legal regulations concerning language rights at the level of the universal system of human rights (UN), supranational multilateral regulations, including the law of the EU and the Council of Europe, as well as the case-law of the European Court of Human Rights, the Human Rights Committee and the Court of Justice. The legal regulations in force in Europe and in the EU law will be compared with the federal legislation and the national migration policy of the United States of America. The solutions adopted in this country, both in the sphere of legal solutions and the policy towards immigrants, will be treated as exemplary due to the long-standing experience of integration processes and the application of anti-discrimination practices, as well as various possible variants of solutions in the national policy regulating language rights. As a result, the effectiveness of the current system for the protection of the linguistic rights of BIP will be established, as well as the current needs of this social group concerning language guarantees, to be able to formulate possible future legal solutions (i.e. de lege feredna proposals). The planned outcome of the project will be the creation of a model for the protection of the linguistic rights necessary (minimum) for the use of language in the public sphere and the definition of indicators allowing for a transparent assessment of the degree of protection in order to demonstrate that the required standard of linguistic guarantees is met. In this way, the research project also contributes, from a language rights perspective to the critical international debate on migrants' rights to fill existing legislative gaps in this area in both international and national law.\r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Special legislation from the perspective of legal theory and philosophy of law<\/b>
\u2022 NCN Prelude no.: 2022\/45\/B\/HS5\/00919
\u2022 Implementation period: January 16, 2023 \u2013 January 15, 2026
\u2022 Project manager: Dr. Mateusz Zeifert
\u2022 Nature of the project: promoter research project
\u2022 Budget: 269 088 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n The purpose of the project: The objective of the research is to obtain scientific knowledge about the phenomenon known as \u201cspecial legislation\u201d (in Polish \u2018specustawy\u2019) and to discuss it from the perspective of legal theory and philosophy of law. This is aimed at expanding the discussion about special legislation on the international level. The project will establish the methodological and conceptual foundations for future comparative research. In particular, the following questions should be answered: 1) What statutes are referred to as \"special legislation\"? 2) What is \u201cspecial\u201d about those statutes? 3) Does the application of special legislation by courts differ from the application of ordinary statutes? 4) What are the benefits and risks of enacting special legislation? 5) How similar challenges are dealt with in other Western legal systems? 2. Planned research: The project will consist of six main stages: 1) the study of the use of the term \u201cspecial legislation\u201d (\u201cspecustawa\u201d) and related terms; 2) the analysis of legislative acts considered as special legislation; 3) the attempt to formulate a definition of the concept of special legislation and delineate its scope from other related phenomena; 4) the analysis of the application of special legislation by courts; 5) the critical analysis of special legislation in light of legal-theoretical, constitutional and legalphilosophical concepts and values; 6) the comparison between Polish special legislation (\u201cspecustawy\u201d) and similar concepts known in other legal systems. 3. Justification for the selection of the research topic: Special legislation (also: \u201cexceptional legislation\u201d, \"incidental legislation\", etc.) has been a permanent element of the Polish legal order since the beginning of the 21st century, although the rules for its creation have not been specified in any legal act, and the regulations contained therein often raise fundamental reservations on the part of legal theorists and legal practitioners. It has been playing an increasingly important role in recent years. As indicated in the literature, in some areas of law, incidental legislation has become the rule, and ordinary legislation has become the exception. At the same time, so far the research on the phenomenon of special legislation has been conducted mainly within the specific disciplines of jurisprudence (administrative law, constitutional law, etc.). There are no general or comparative studies, and in particular, there is no legal-theoretical and legal-philosophical reflection about incidental legislation. A legal definition of the concept of special legislation has not been developed. There is the lack of more extensive research into its application and interpretation. No recommendations were formulated regarding its creation, both in terms of the political process and legislative technique. In this state of affair, the proposed research fills a very important gap in Polish and global jurisprudence, and its results may, in the longer term, inspire changes in the creation and application of law.\r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Legal instruments for air protection in Poland and the Czech Republic. Comparative Law Study <\/b>
\u2022 NCN Miniatura nr: 2023\/07\/X\/HS5\/00424
\u2022 >\u2022 Implementation period: 5 September 2023 \u2013 4 September 2024
\u2022 Project manager: dr Ewa Radecka
\u2022 Budget: 19 267 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n Taking up this research topic results from the necessity of a broader study of this matter, along with a juxtaposition of Polish and foreign (Czech) solutions. The reference to the Czech legal system stems from its geographical proximity (proximity to Poland), similar problems (post-communist state) and membership in the EU. Despite these obvious similarities, the two countries deal with air protection in completely different ways. According to reports from the European Environment Agency, the Czech Republic has better air quality than Poland (https:\/\/www.eea.europa.eu\/themes\/air\/country-fact-sheets\/2022-country-fact-sheets\/czechia-air-pollution-country). The analysis within the project will allow to determine how Poland and the Czech Republic have normalized this topic, which will be the starting point for a comparative study, which is particularly needed in order to develop an appropriate (i.e. effective and protective) model of air protection in Poland. This, in turn, will give an opportunity to answer the question whether it is expedient and possible to adapt some of the solutions known in the foreign legal system to the Polish legislation and whether this could contribute to the development of effective and efficient Polish legislation in the field of air protection, i.e. effectively protecting both this component of the environment and fauna, flora, as well as human health and life.\r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n
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\r\n The aim of the research project is to solve the problem of the use of coercive measures provided for in the Act 6.06.1997 \u2013 Code of Criminal Procedure (Journal of Laws of 2022, item 1375) against persons with mental disorders, in the context of international and EU standards of human rights protection, and to assess the adequacy of the guarantee mechanisms provided therein. Due to the interdisciplinary, legal and medical nature of the issue, research is carried out simultaneously in four areas: medical, international law, EU law and national law. The aim of the research conducted in the first area is to identify legally significant symptoms of individual mental disorders, i.e. symptoms that may be relevant in the context of the use of coercive measures. At this stage, the achievements of medical sciences in the field of psychiatry and the leading classifications of diseases (ICD-11, ICD-10, DSM-5) will be taken into account.\nIn the next stages, international, EU and national regulations will be analyzed, respectively, along with the achievements of doctrine and jurisprudence. The aim of these activities is to identify guarantee mechanisms that may be used to protect the rights of persons with mental disorders against whom coercive measures are applied. The implementation of the project will lead to a holistic analysis of the presented issue. Its effect will be a review of the provisions regulating the use of coercive measures in the Polish criminal process and an assessment of the adequacy of the guarantee mechanisms provided in this respect. The identification of national guarantee mechanisms will allow for their subsequent assessment in the context of solutions provided for in international and EU law. Finally, the findings in all four areas will help identify legal solutions that, due to their inadequacy, threaten the rights of persons with mental disorders against whom coercive measures are applied. The results of ...\n\r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n
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\r\n \r\n \r\n Judicial actualization of the meaning of a legal text in changing circumstances. Comparative law approach<\/b>
\r\n \r\n Judicial actualization of the meaning of a legal text in changing circumstances. Comparative law approach<\/b>
\u2022 NCN SONATA no.: 2023\/51\/D\/HS5\/00316
\u2022 Implementation period: October 1. 2024-September 30. 2027
\u2022 Project manager: Paulina Konca, PhD
\u2022 Budget: 647 874 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n The project has two main objectives. The first is to determine and compare how the courts of selected countries update the meaning of legal provisions, i.e. adapt their content to changing circumstances. The research will be of a comparative legal nature. Three countries will be compared: Poland, Spain and Ireland. The second objective is to determine the consequences of formulating update directives with such and not other content and in such and not another form (provisions or established jurisprudence practice - the solutions adopted in the analysed countries regarding the updating rules have different status):\nFirst of all, how does the judicial actualization of the meaning affect the position of the legislator and the courts in the light of the principle of the separation of powers and what impact does it have on the implementation of the principle of legal certainty. The research will consist of an analysis of the legislation and case law of selected countries and relevant literature. The draft may significantly deepen the understanding of the functioning of the principles of updating in the conditions of their formal codification or free shaping by judicial practice, and constitute an important contribution to the discussion on the role of the judge in a democratic state ruled by law and the ways and limitations of implementing such values as legal certainty.\n\r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Foundations. Sources, genesis and assessment of the sustainability of the work of the Codification Commission of the Republic of Poland<\/b>
\u2022 NCN OPUS no.: 2023\/51\/B\/HS5\/01933
\u2022 Implementation period: July 18, 2024-July 17, 2027
\u2022 Project manager: dr Grzegorz Nancka
\u2022 Budget: 291 592 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n The aim of this project is to determine whether the work of the Codification Commission of the Republic of Poland from the years 1919-1939 can be treated as the foundation of contemporary Polish basic civil concepts. The research covers those branches of law that were not codified in interwar Poland, i.e. the general part of civil law, property law, inheritance law and family law (including matrimonial law). The source basis for the research are unique, hitherto unknown sources on the history of the codification of law in interwar Poland, including the products of the Commission's activities, found in the\nduring preliminary examinations. Thanks to this, the research opens up a previously non-existent perspective on the comparison of materials from the codification of law in interwar Poland with the decrees coming into force immediately after World War II and later the Civil Code of 1964 and the Family and Guardianship Code of 1964. There are several reasons for the need to undertake tests in the indicated scope. The implementation of the project will contribute to filling a significant gap in knowledge about the Commission's activities in the scope indicated in this project. This issue has not yet been studied globally, and the project itself will enable discussion on this topic not only on the national, but also on a broad, international level.\n\r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Environmental Impact Assessments in Poland and the Czech Republic. A comparative legal study<\/b>
\u2022 NCN MINIATURA 8 no.: 2024\/08\/X\/HS5\/00709
\u2022 Implementation period: October 11, 2024-October 10, 2027
\u2022 Project manager: dr Filip Nawrot
\u2022 Budget: 13 218 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Taking plastic trees and bad sex seriously. Fresh insights into the liberal vs. legal moralism debate over coercive regulation<\/b>
\u2022 NCN OPUS no.: 2024\/53\/B\/HS5\/04354
\u2022 Implementation period:
\u2022 Project manager: dr Maciej Juzaszek
\u2022 Budget: 1 024 589 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Carbon farming model - a comparative study<\/b>
\u2022 NCN MINIATURA 8 no.: 2024\/08\/X\/HS5\/01569
\u2022 Implementation period: December 10. 2024 - December 9. 2025
\u2022 Project manager: dr Monika \u0141ata
\u2022 Budget: 25 021 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Instruments of long-term shareholder engagement in listed companies - a comparative analysis<\/b>
\u2022 NCN PRELUDIUM 23 no.: 2024\/53\/N\/HS5\/00255
\u2022 Implementation period: January 24., 2025 - January 23., 2027
\u2022 Project manager: mgr Dominik Mizerski
\u2022 Budget: 74 055 PLN PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Ecological law of obligations - transformation of European private law from the perspective of Chinese civil code provisions<\/b>
\u2022 NCN PRELUDIUM 23 no.: 2024\/53\/N\/HS5\/03550
\u2022 Implementation period: January 27, 2025 - January 26., 2028
\u2022 Project manager: mgr Jakub Zwierzchowski
\u2022 Budget: 172 000 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n <\/div> \r\n [\/vc_tta_section][vc_tta_section title=”NCN Projects 2023″ tab_id=”1720095342289-c33acf51-6f65″]\r\n \r\n \r\n \r\n <\/p>\n<\/div>\r\n <\/div>\r\n <\/div>\r\n
\r\n <\/h3>\r\n \r\n \r\n \r\n \r\n \r\n \r\n The language rights protection standard for beneficiaries of international protection in Europe: A new legal approach to harmonize integration<\/b>
\u2022 NCN Prelude no.: 2022\/45\/N\/HS5\/00961
\u2022 Implementation period: January 15, 2023 \u2013 January 24, 2026
\u2022 Project manager: mgr Illia Klinytskyi
\u2022 Project supervisor: Prof. Maria Coady
\u2022 Nature of the project: promoter research project
\u2022 Budget: 141 405 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n For over a decade, most European Union countries have been at the epicentre of migration processes. Only the current armed conflict between Russia and Ukraine, according to UNHCR forecasts, will cause an influx of refugees to Poland, i.e. at least 4,300,000 by the end of 2022. Considering the dynamics of these phenomena, still in October 2020, the European Commission proposed a new pact on migration and asylum, proposing new and improved EU asylum and migration system procedures. The dynamics of these events show vividly that problems that seemed to have already been solved have returned with redoubled force. In particular, the protection of the linguistic rights of immigrants who enjoy the status of beneficiaries of international protection (BIP) comes to the fore. This issue has not yet received a systematic approach and elaboration. The protection of language rights is generally considered from the perspective of minority rights. The current policy on minority and regional languages in Europe is limited to the indigenous citizens of particular states and therefore does not cover foreigners who do not have the nationality of the country of permanent residence or who do not have the status of a national minority. Consequently, the personal and collective needs of BIP in the context of their language rights are not recognised. The research project will fill this gap. The planned research aims to create a standard for the protection of BIP's language rights based on global, regional and national regulatory frameworks by answering four fundamental questions: 1. How is the understanding of the minimum of language rights presented in the literature on the subject? 2. What international and regional norms should be considered as the necessary minimum for language rights of BIP on a regional, state and EU basis? 3. To what extent does the status of national minorities match the status of BIP in their possibility to use preferred languages in the public sphere? 4. What legal instruments are designed or should be implemented to protect that minimum for BIP? The primary function of human rights is the pervasive protection of the fundamental rights of all people. However, the lack of a standard of protection for the language rights of the individual contributes to a failure to respect the cultural and linguistic distinctiveness of BIP in the procedures applied to them. As a result, integration processes often lead to unequal treatment of BIP. European countries do not apply a single, common standard for guaranteeing language rights. Often, immigration policy is not based on the gradual and harmonious integration of BIP but on the assumption of their full assimilation into the host country. This is a discriminatory approach toward BIP. It fails to take any account of the communication and cultural needs of BIP. For example, in the educational systems of countries such as Poland or Latvia, a child must obtain a positive mark in the state language to be promoted to the next grade; these regulations do not consider the lack of previous experience in the chosen language. State language examinations according to rules that do not take into account previous linguistic experience are compulsory under most state educational quality assessment systems, which can pose a severe problem for BIP children. The requirement of knowledge of the state's language can also be a discriminatory factor in hiring or in administrative proceedings. All this makes the establishment of a minimum of language rights at the transnational level a necessary condition for granting adequate protection to the communicative and cultural needs of BIP for their language rights. The research project aims to set a standard of language rights protection for beneficiaries of international protection in Europe and formulate a new legal approach to the problem of harmonisation of BIP integration into the host society. The point of reference for the considerations will be the existing legal regulations concerning language rights at the level of the universal system of human rights (UN), supranational multilateral regulations, including the law of the EU and the Council of Europe, as well as the case-law of the European Court of Human Rights, the Human Rights Committee and the Court of Justice. The legal regulations in force in Europe and in the EU law will be compared with the federal legislation and the national migration policy of the United States of America. The solutions adopted in this country, both in the sphere of legal solutions and the policy towards immigrants, will be treated as exemplary due to the long-standing experience of integration processes and the application of anti-discrimination practices, as well as various possible variants of solutions in the national policy regulating language rights. As a result, the effectiveness of the current system for the protection of the linguistic rights of BIP will be established, as well as the current needs of this social group concerning language guarantees, to be able to formulate possible future legal solutions (i.e. de lege feredna proposals). The planned outcome of the project will be the creation of a model for the protection of the linguistic rights necessary (minimum) for the use of language in the public sphere and the definition of indicators allowing for a transparent assessment of the degree of protection in order to demonstrate that the required standard of linguistic guarantees is met. In this way, the research project also contributes, from a language rights perspective to the critical international debate on migrants' rights to fill existing legislative gaps in this area in both international and national law.\r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Special legislation from the perspective of legal theory and philosophy of law<\/b>
\u2022 NCN Prelude no.: 2022\/45\/B\/HS5\/00919
\u2022 Implementation period: January 16, 2023 \u2013 January 15, 2026
\u2022 Project manager: Dr. Mateusz Zeifert
\u2022 Nature of the project: promoter research project
\u2022 Budget: 269 088 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n The purpose of the project: The objective of the research is to obtain scientific knowledge about the phenomenon known as \u201cspecial legislation\u201d (in Polish \u2018specustawy\u2019) and to discuss it from the perspective of legal theory and philosophy of law. This is aimed at expanding the discussion about special legislation on the international level. The project will establish the methodological and conceptual foundations for future comparative research. In particular, the following questions should be answered: 1) What statutes are referred to as \"special legislation\"? 2) What is \u201cspecial\u201d about those statutes? 3) Does the application of special legislation by courts differ from the application of ordinary statutes? 4) What are the benefits and risks of enacting special legislation? 5) How similar challenges are dealt with in other Western legal systems? 2. Planned research: The project will consist of six main stages: 1) the study of the use of the term \u201cspecial legislation\u201d (\u201cspecustawa\u201d) and related terms; 2) the analysis of legislative acts considered as special legislation; 3) the attempt to formulate a definition of the concept of special legislation and delineate its scope from other related phenomena; 4) the analysis of the application of special legislation by courts; 5) the critical analysis of special legislation in light of legal-theoretical, constitutional and legalphilosophical concepts and values; 6) the comparison between Polish special legislation (\u201cspecustawy\u201d) and similar concepts known in other legal systems. 3. Justification for the selection of the research topic: Special legislation (also: \u201cexceptional legislation\u201d, \"incidental legislation\", etc.) has been a permanent element of the Polish legal order since the beginning of the 21st century, although the rules for its creation have not been specified in any legal act, and the regulations contained therein often raise fundamental reservations on the part of legal theorists and legal practitioners. It has been playing an increasingly important role in recent years. As indicated in the literature, in some areas of law, incidental legislation has become the rule, and ordinary legislation has become the exception. At the same time, so far the research on the phenomenon of special legislation has been conducted mainly within the specific disciplines of jurisprudence (administrative law, constitutional law, etc.). There are no general or comparative studies, and in particular, there is no legal-theoretical and legal-philosophical reflection about incidental legislation. A legal definition of the concept of special legislation has not been developed. There is the lack of more extensive research into its application and interpretation. No recommendations were formulated regarding its creation, both in terms of the political process and legislative technique. In this state of affair, the proposed research fills a very important gap in Polish and global jurisprudence, and its results may, in the longer term, inspire changes in the creation and application of law.\r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Legal instruments for air protection in Poland and the Czech Republic. Comparative Law Study <\/b>
\u2022 NCN Miniatura nr: 2023\/07\/X\/HS5\/00424
\u2022 >\u2022 Implementation period: 5 September 2023 \u2013 4 September 2024
\u2022 Project manager: dr Ewa Radecka
\u2022 Budget: 19 267 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n Taking up this research topic results from the necessity of a broader study of this matter, along with a juxtaposition of Polish and foreign (Czech) solutions. The reference to the Czech legal system stems from its geographical proximity (proximity to Poland), similar problems (post-communist state) and membership in the EU. Despite these obvious similarities, the two countries deal with air protection in completely different ways. According to reports from the European Environment Agency, the Czech Republic has better air quality than Poland (https:\/\/www.eea.europa.eu\/themes\/air\/country-fact-sheets\/2022-country-fact-sheets\/czechia-air-pollution-country). The analysis within the project will allow to determine how Poland and the Czech Republic have normalized this topic, which will be the starting point for a comparative study, which is particularly needed in order to develop an appropriate (i.e. effective and protective) model of air protection in Poland. This, in turn, will give an opportunity to answer the question whether it is expedient and possible to adapt some of the solutions known in the foreign legal system to the Polish legislation and whether this could contribute to the development of effective and efficient Polish legislation in the field of air protection, i.e. effectively protecting both this component of the environment and fauna, flora, as well as human health and life.\r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n
\r\n \r\n
\r\n The project has two main objectives. The first is to determine and compare how the courts of selected countries update the meaning of legal provisions, i.e. adapt their content to changing circumstances. The research will be of a comparative legal nature. Three countries will be compared: Poland, Spain and Ireland. The second objective is to determine the consequences of formulating update directives with such and not other content and in such and not another form (provisions or established jurisprudence practice - the solutions adopted in the analysed countries regarding the updating rules have different status):\nFirst of all, how does the judicial actualization of the meaning affect the position of the legislator and the courts in the light of the principle of the separation of powers and what impact does it have on the implementation of the principle of legal certainty. The research will consist of an analysis of the legislation and case law of selected countries and relevant literature. The draft may significantly deepen the understanding of the functioning of the principles of updating in the conditions of their formal codification or free shaping by judicial practice, and constitute an important contribution to the discussion on the role of the judge in a democratic state ruled by law and the ways and limitations of implementing such values as legal certainty.\n\r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n
\r\n
\r\n
\r\n \r\n \r\n Foundations. Sources, genesis and assessment of the sustainability of the work of the Codification Commission of the Republic of Poland<\/b>
\r\n \r\n Foundations. Sources, genesis and assessment of the sustainability of the work of the Codification Commission of the Republic of Poland<\/b>
\u2022 NCN OPUS no.: 2023\/51\/B\/HS5\/01933
\u2022 Implementation period: July 18, 2024-July 17, 2027
\u2022 Project manager: dr Grzegorz Nancka
\u2022 Budget: 291 592 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n The aim of this project is to determine whether the work of the Codification Commission of the Republic of Poland from the years 1919-1939 can be treated as the foundation of contemporary Polish basic civil concepts. The research covers those branches of law that were not codified in interwar Poland, i.e. the general part of civil law, property law, inheritance law and family law (including matrimonial law). The source basis for the research are unique, hitherto unknown sources on the history of the codification of law in interwar Poland, including the products of the Commission's activities, found in the\nduring preliminary examinations. Thanks to this, the research opens up a previously non-existent perspective on the comparison of materials from the codification of law in interwar Poland with the decrees coming into force immediately after World War II and later the Civil Code of 1964 and the Family and Guardianship Code of 1964. There are several reasons for the need to undertake tests in the indicated scope. The implementation of the project will contribute to filling a significant gap in knowledge about the Commission's activities in the scope indicated in this project. This issue has not yet been studied globally, and the project itself will enable discussion on this topic not only on the national, but also on a broad, international level.\n\r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Environmental Impact Assessments in Poland and the Czech Republic. A comparative legal study<\/b>
\u2022 NCN MINIATURA 8 no.: 2024\/08\/X\/HS5\/00709
\u2022 Implementation period: October 11, 2024-October 10, 2027
\u2022 Project manager: dr Filip Nawrot
\u2022 Budget: 13 218 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Taking plastic trees and bad sex seriously. Fresh insights into the liberal vs. legal moralism debate over coercive regulation<\/b>
\u2022 NCN OPUS no.: 2024\/53\/B\/HS5\/04354
\u2022 Implementation period:
\u2022 Project manager: dr Maciej Juzaszek
\u2022 Budget: 1 024 589 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Carbon farming model - a comparative study<\/b>
\u2022 NCN MINIATURA 8 no.: 2024\/08\/X\/HS5\/01569
\u2022 Implementation period: December 10. 2024 - December 9. 2025
\u2022 Project manager: dr Monika \u0141ata
\u2022 Budget: 25 021 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Instruments of long-term shareholder engagement in listed companies - a comparative analysis<\/b>
\u2022 NCN PRELUDIUM 23 no.: 2024\/53\/N\/HS5\/00255
\u2022 Implementation period: January 24., 2025 - January 23., 2027
\u2022 Project manager: mgr Dominik Mizerski
\u2022 Budget: 74 055 PLN PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Ecological law of obligations - transformation of European private law from the perspective of Chinese civil code provisions<\/b>
\u2022 NCN PRELUDIUM 23 no.: 2024\/53\/N\/HS5\/03550
\u2022 Implementation period: January 27, 2025 - January 26., 2028
\u2022 Project manager: mgr Jakub Zwierzchowski
\u2022 Budget: 172 000 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n <\/div> \r\n [\/vc_tta_section][vc_tta_section title=”NCN Projects 2023″ tab_id=”1720095342289-c33acf51-6f65″]\r\n \r\n \r\n \r\n <\/p>\n<\/div>\r\n <\/div>\r\n <\/div>\r\n
\r\n <\/h3>\r\n \r\n \r\n \r\n \r\n \r\n \r\n The language rights protection standard for beneficiaries of international protection in Europe: A new legal approach to harmonize integration<\/b>
\u2022 NCN Prelude no.: 2022\/45\/N\/HS5\/00961
\u2022 Implementation period: January 15, 2023 \u2013 January 24, 2026
\u2022 Project manager: mgr Illia Klinytskyi
\u2022 Project supervisor: Prof. Maria Coady
\u2022 Nature of the project: promoter research project
\u2022 Budget: 141 405 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n For over a decade, most European Union countries have been at the epicentre of migration processes. Only the current armed conflict between Russia and Ukraine, according to UNHCR forecasts, will cause an influx of refugees to Poland, i.e. at least 4,300,000 by the end of 2022. Considering the dynamics of these phenomena, still in October 2020, the European Commission proposed a new pact on migration and asylum, proposing new and improved EU asylum and migration system procedures. The dynamics of these events show vividly that problems that seemed to have already been solved have returned with redoubled force. In particular, the protection of the linguistic rights of immigrants who enjoy the status of beneficiaries of international protection (BIP) comes to the fore. This issue has not yet received a systematic approach and elaboration. The protection of language rights is generally considered from the perspective of minority rights. The current policy on minority and regional languages in Europe is limited to the indigenous citizens of particular states and therefore does not cover foreigners who do not have the nationality of the country of permanent residence or who do not have the status of a national minority. Consequently, the personal and collective needs of BIP in the context of their language rights are not recognised. The research project will fill this gap. The planned research aims to create a standard for the protection of BIP's language rights based on global, regional and national regulatory frameworks by answering four fundamental questions: 1. How is the understanding of the minimum of language rights presented in the literature on the subject? 2. What international and regional norms should be considered as the necessary minimum for language rights of BIP on a regional, state and EU basis? 3. To what extent does the status of national minorities match the status of BIP in their possibility to use preferred languages in the public sphere? 4. What legal instruments are designed or should be implemented to protect that minimum for BIP? The primary function of human rights is the pervasive protection of the fundamental rights of all people. However, the lack of a standard of protection for the language rights of the individual contributes to a failure to respect the cultural and linguistic distinctiveness of BIP in the procedures applied to them. As a result, integration processes often lead to unequal treatment of BIP. European countries do not apply a single, common standard for guaranteeing language rights. Often, immigration policy is not based on the gradual and harmonious integration of BIP but on the assumption of their full assimilation into the host country. This is a discriminatory approach toward BIP. It fails to take any account of the communication and cultural needs of BIP. For example, in the educational systems of countries such as Poland or Latvia, a child must obtain a positive mark in the state language to be promoted to the next grade; these regulations do not consider the lack of previous experience in the chosen language. State language examinations according to rules that do not take into account previous linguistic experience are compulsory under most state educational quality assessment systems, which can pose a severe problem for BIP children. The requirement of knowledge of the state's language can also be a discriminatory factor in hiring or in administrative proceedings. All this makes the establishment of a minimum of language rights at the transnational level a necessary condition for granting adequate protection to the communicative and cultural needs of BIP for their language rights. The research project aims to set a standard of language rights protection for beneficiaries of international protection in Europe and formulate a new legal approach to the problem of harmonisation of BIP integration into the host society. The point of reference for the considerations will be the existing legal regulations concerning language rights at the level of the universal system of human rights (UN), supranational multilateral regulations, including the law of the EU and the Council of Europe, as well as the case-law of the European Court of Human Rights, the Human Rights Committee and the Court of Justice. The legal regulations in force in Europe and in the EU law will be compared with the federal legislation and the national migration policy of the United States of America. The solutions adopted in this country, both in the sphere of legal solutions and the policy towards immigrants, will be treated as exemplary due to the long-standing experience of integration processes and the application of anti-discrimination practices, as well as various possible variants of solutions in the national policy regulating language rights. As a result, the effectiveness of the current system for the protection of the linguistic rights of BIP will be established, as well as the current needs of this social group concerning language guarantees, to be able to formulate possible future legal solutions (i.e. de lege feredna proposals). The planned outcome of the project will be the creation of a model for the protection of the linguistic rights necessary (minimum) for the use of language in the public sphere and the definition of indicators allowing for a transparent assessment of the degree of protection in order to demonstrate that the required standard of linguistic guarantees is met. In this way, the research project also contributes, from a language rights perspective to the critical international debate on migrants' rights to fill existing legislative gaps in this area in both international and national law.\r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Special legislation from the perspective of legal theory and philosophy of law<\/b>
\u2022 NCN Prelude no.: 2022\/45\/B\/HS5\/00919
\u2022 Implementation period: January 16, 2023 \u2013 January 15, 2026
\u2022 Project manager: Dr. Mateusz Zeifert
\u2022 Nature of the project: promoter research project
\u2022 Budget: 269 088 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n The purpose of the project: The objective of the research is to obtain scientific knowledge about the phenomenon known as \u201cspecial legislation\u201d (in Polish \u2018specustawy\u2019) and to discuss it from the perspective of legal theory and philosophy of law. This is aimed at expanding the discussion about special legislation on the international level. The project will establish the methodological and conceptual foundations for future comparative research. In particular, the following questions should be answered: 1) What statutes are referred to as \"special legislation\"? 2) What is \u201cspecial\u201d about those statutes? 3) Does the application of special legislation by courts differ from the application of ordinary statutes? 4) What are the benefits and risks of enacting special legislation? 5) How similar challenges are dealt with in other Western legal systems? 2. Planned research: The project will consist of six main stages: 1) the study of the use of the term \u201cspecial legislation\u201d (\u201cspecustawa\u201d) and related terms; 2) the analysis of legislative acts considered as special legislation; 3) the attempt to formulate a definition of the concept of special legislation and delineate its scope from other related phenomena; 4) the analysis of the application of special legislation by courts; 5) the critical analysis of special legislation in light of legal-theoretical, constitutional and legalphilosophical concepts and values; 6) the comparison between Polish special legislation (\u201cspecustawy\u201d) and similar concepts known in other legal systems. 3. Justification for the selection of the research topic: Special legislation (also: \u201cexceptional legislation\u201d, \"incidental legislation\", etc.) has been a permanent element of the Polish legal order since the beginning of the 21st century, although the rules for its creation have not been specified in any legal act, and the regulations contained therein often raise fundamental reservations on the part of legal theorists and legal practitioners. It has been playing an increasingly important role in recent years. As indicated in the literature, in some areas of law, incidental legislation has become the rule, and ordinary legislation has become the exception. At the same time, so far the research on the phenomenon of special legislation has been conducted mainly within the specific disciplines of jurisprudence (administrative law, constitutional law, etc.). There are no general or comparative studies, and in particular, there is no legal-theoretical and legal-philosophical reflection about incidental legislation. A legal definition of the concept of special legislation has not been developed. There is the lack of more extensive research into its application and interpretation. No recommendations were formulated regarding its creation, both in terms of the political process and legislative technique. In this state of affair, the proposed research fills a very important gap in Polish and global jurisprudence, and its results may, in the longer term, inspire changes in the creation and application of law.\r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Legal instruments for air protection in Poland and the Czech Republic. Comparative Law Study <\/b>
\u2022 NCN Miniatura nr: 2023\/07\/X\/HS5\/00424
\u2022 >\u2022 Implementation period: 5 September 2023 \u2013 4 September 2024
\u2022 Project manager: dr Ewa Radecka
\u2022 Budget: 19 267 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n Taking up this research topic results from the necessity of a broader study of this matter, along with a juxtaposition of Polish and foreign (Czech) solutions. The reference to the Czech legal system stems from its geographical proximity (proximity to Poland), similar problems (post-communist state) and membership in the EU. Despite these obvious similarities, the two countries deal with air protection in completely different ways. According to reports from the European Environment Agency, the Czech Republic has better air quality than Poland (https:\/\/www.eea.europa.eu\/themes\/air\/country-fact-sheets\/2022-country-fact-sheets\/czechia-air-pollution-country). The analysis within the project will allow to determine how Poland and the Czech Republic have normalized this topic, which will be the starting point for a comparative study, which is particularly needed in order to develop an appropriate (i.e. effective and protective) model of air protection in Poland. This, in turn, will give an opportunity to answer the question whether it is expedient and possible to adapt some of the solutions known in the foreign legal system to the Polish legislation and whether this could contribute to the development of effective and efficient Polish legislation in the field of air protection, i.e. effectively protecting both this component of the environment and fauna, flora, as well as human health and life.\r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n
\r\n \r\n
\r\n The aim of this project is to determine whether the work of the Codification Commission of the Republic of Poland from the years 1919-1939 can be treated as the foundation of contemporary Polish basic civil concepts. The research covers those branches of law that were not codified in interwar Poland, i.e. the general part of civil law, property law, inheritance law and family law (including matrimonial law). The source basis for the research are unique, hitherto unknown sources on the history of the codification of law in interwar Poland, including the products of the Commission's activities, found in the\nduring preliminary examinations. Thanks to this, the research opens up a previously non-existent perspective on the comparison of materials from the codification of law in interwar Poland with the decrees coming into force immediately after World War II and later the Civil Code of 1964 and the Family and Guardianship Code of 1964. There are several reasons for the need to undertake tests in the indicated scope. The implementation of the project will contribute to filling a significant gap in knowledge about the Commission's activities in the scope indicated in this project. This issue has not yet been studied globally, and the project itself will enable discussion on this topic not only on the national, but also on a broad, international level.\n\r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n
\r\n
\r\n
\r\n \r\n \r\n Environmental Impact Assessments in Poland and the Czech Republic. A comparative legal study<\/b>
\r\n \r\n Environmental Impact Assessments in Poland and the Czech Republic. A comparative legal study<\/b>
\u2022 NCN MINIATURA 8 no.: 2024\/08\/X\/HS5\/00709
\u2022 Implementation period: October 11, 2024-October 10, 2027
\u2022 Project manager: dr Filip Nawrot
\u2022 Budget: 13 218 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Taking plastic trees and bad sex seriously. Fresh insights into the liberal vs. legal moralism debate over coercive regulation<\/b>
\u2022 NCN OPUS no.: 2024\/53\/B\/HS5\/04354
\u2022 Implementation period:
\u2022 Project manager: dr Maciej Juzaszek
\u2022 Budget: 1 024 589 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Carbon farming model - a comparative study<\/b>
\u2022 NCN MINIATURA 8 no.: 2024\/08\/X\/HS5\/01569
\u2022 Implementation period: December 10. 2024 - December 9. 2025
\u2022 Project manager: dr Monika \u0141ata
\u2022 Budget: 25 021 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Instruments of long-term shareholder engagement in listed companies - a comparative analysis<\/b>
\u2022 NCN PRELUDIUM 23 no.: 2024\/53\/N\/HS5\/00255
\u2022 Implementation period: January 24., 2025 - January 23., 2027
\u2022 Project manager: mgr Dominik Mizerski
\u2022 Budget: 74 055 PLN PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Ecological law of obligations - transformation of European private law from the perspective of Chinese civil code provisions<\/b>
\u2022 NCN PRELUDIUM 23 no.: 2024\/53\/N\/HS5\/03550
\u2022 Implementation period: January 27, 2025 - January 26., 2028
\u2022 Project manager: mgr Jakub Zwierzchowski
\u2022 Budget: 172 000 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n <\/div> \r\n [\/vc_tta_section][vc_tta_section title=”NCN Projects 2023″ tab_id=”1720095342289-c33acf51-6f65″]\r\n \r\n \r\n \r\n <\/p>\n<\/div>\r\n <\/div>\r\n <\/div>\r\n
\r\n <\/h3>\r\n \r\n \r\n \r\n \r\n \r\n \r\n The language rights protection standard for beneficiaries of international protection in Europe: A new legal approach to harmonize integration<\/b>
\u2022 NCN Prelude no.: 2022\/45\/N\/HS5\/00961
\u2022 Implementation period: January 15, 2023 \u2013 January 24, 2026
\u2022 Project manager: mgr Illia Klinytskyi
\u2022 Project supervisor: Prof. Maria Coady
\u2022 Nature of the project: promoter research project
\u2022 Budget: 141 405 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n For over a decade, most European Union countries have been at the epicentre of migration processes. Only the current armed conflict between Russia and Ukraine, according to UNHCR forecasts, will cause an influx of refugees to Poland, i.e. at least 4,300,000 by the end of 2022. Considering the dynamics of these phenomena, still in October 2020, the European Commission proposed a new pact on migration and asylum, proposing new and improved EU asylum and migration system procedures. The dynamics of these events show vividly that problems that seemed to have already been solved have returned with redoubled force. In particular, the protection of the linguistic rights of immigrants who enjoy the status of beneficiaries of international protection (BIP) comes to the fore. This issue has not yet received a systematic approach and elaboration. The protection of language rights is generally considered from the perspective of minority rights. The current policy on minority and regional languages in Europe is limited to the indigenous citizens of particular states and therefore does not cover foreigners who do not have the nationality of the country of permanent residence or who do not have the status of a national minority. Consequently, the personal and collective needs of BIP in the context of their language rights are not recognised. The research project will fill this gap. The planned research aims to create a standard for the protection of BIP's language rights based on global, regional and national regulatory frameworks by answering four fundamental questions: 1. How is the understanding of the minimum of language rights presented in the literature on the subject? 2. What international and regional norms should be considered as the necessary minimum for language rights of BIP on a regional, state and EU basis? 3. To what extent does the status of national minorities match the status of BIP in their possibility to use preferred languages in the public sphere? 4. What legal instruments are designed or should be implemented to protect that minimum for BIP? The primary function of human rights is the pervasive protection of the fundamental rights of all people. However, the lack of a standard of protection for the language rights of the individual contributes to a failure to respect the cultural and linguistic distinctiveness of BIP in the procedures applied to them. As a result, integration processes often lead to unequal treatment of BIP. European countries do not apply a single, common standard for guaranteeing language rights. Often, immigration policy is not based on the gradual and harmonious integration of BIP but on the assumption of their full assimilation into the host country. This is a discriminatory approach toward BIP. It fails to take any account of the communication and cultural needs of BIP. For example, in the educational systems of countries such as Poland or Latvia, a child must obtain a positive mark in the state language to be promoted to the next grade; these regulations do not consider the lack of previous experience in the chosen language. State language examinations according to rules that do not take into account previous linguistic experience are compulsory under most state educational quality assessment systems, which can pose a severe problem for BIP children. The requirement of knowledge of the state's language can also be a discriminatory factor in hiring or in administrative proceedings. All this makes the establishment of a minimum of language rights at the transnational level a necessary condition for granting adequate protection to the communicative and cultural needs of BIP for their language rights. The research project aims to set a standard of language rights protection for beneficiaries of international protection in Europe and formulate a new legal approach to the problem of harmonisation of BIP integration into the host society. The point of reference for the considerations will be the existing legal regulations concerning language rights at the level of the universal system of human rights (UN), supranational multilateral regulations, including the law of the EU and the Council of Europe, as well as the case-law of the European Court of Human Rights, the Human Rights Committee and the Court of Justice. The legal regulations in force in Europe and in the EU law will be compared with the federal legislation and the national migration policy of the United States of America. The solutions adopted in this country, both in the sphere of legal solutions and the policy towards immigrants, will be treated as exemplary due to the long-standing experience of integration processes and the application of anti-discrimination practices, as well as various possible variants of solutions in the national policy regulating language rights. As a result, the effectiveness of the current system for the protection of the linguistic rights of BIP will be established, as well as the current needs of this social group concerning language guarantees, to be able to formulate possible future legal solutions (i.e. de lege feredna proposals). The planned outcome of the project will be the creation of a model for the protection of the linguistic rights necessary (minimum) for the use of language in the public sphere and the definition of indicators allowing for a transparent assessment of the degree of protection in order to demonstrate that the required standard of linguistic guarantees is met. In this way, the research project also contributes, from a language rights perspective to the critical international debate on migrants' rights to fill existing legislative gaps in this area in both international and national law.\r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Special legislation from the perspective of legal theory and philosophy of law<\/b>
\u2022 NCN Prelude no.: 2022\/45\/B\/HS5\/00919
\u2022 Implementation period: January 16, 2023 \u2013 January 15, 2026
\u2022 Project manager: Dr. Mateusz Zeifert
\u2022 Nature of the project: promoter research project
\u2022 Budget: 269 088 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n The purpose of the project: The objective of the research is to obtain scientific knowledge about the phenomenon known as \u201cspecial legislation\u201d (in Polish \u2018specustawy\u2019) and to discuss it from the perspective of legal theory and philosophy of law. This is aimed at expanding the discussion about special legislation on the international level. The project will establish the methodological and conceptual foundations for future comparative research. In particular, the following questions should be answered: 1) What statutes are referred to as \"special legislation\"? 2) What is \u201cspecial\u201d about those statutes? 3) Does the application of special legislation by courts differ from the application of ordinary statutes? 4) What are the benefits and risks of enacting special legislation? 5) How similar challenges are dealt with in other Western legal systems? 2. Planned research: The project will consist of six main stages: 1) the study of the use of the term \u201cspecial legislation\u201d (\u201cspecustawa\u201d) and related terms; 2) the analysis of legislative acts considered as special legislation; 3) the attempt to formulate a definition of the concept of special legislation and delineate its scope from other related phenomena; 4) the analysis of the application of special legislation by courts; 5) the critical analysis of special legislation in light of legal-theoretical, constitutional and legalphilosophical concepts and values; 6) the comparison between Polish special legislation (\u201cspecustawy\u201d) and similar concepts known in other legal systems. 3. Justification for the selection of the research topic: Special legislation (also: \u201cexceptional legislation\u201d, \"incidental legislation\", etc.) has been a permanent element of the Polish legal order since the beginning of the 21st century, although the rules for its creation have not been specified in any legal act, and the regulations contained therein often raise fundamental reservations on the part of legal theorists and legal practitioners. It has been playing an increasingly important role in recent years. As indicated in the literature, in some areas of law, incidental legislation has become the rule, and ordinary legislation has become the exception. At the same time, so far the research on the phenomenon of special legislation has been conducted mainly within the specific disciplines of jurisprudence (administrative law, constitutional law, etc.). There are no general or comparative studies, and in particular, there is no legal-theoretical and legal-philosophical reflection about incidental legislation. A legal definition of the concept of special legislation has not been developed. There is the lack of more extensive research into its application and interpretation. No recommendations were formulated regarding its creation, both in terms of the political process and legislative technique. In this state of affair, the proposed research fills a very important gap in Polish and global jurisprudence, and its results may, in the longer term, inspire changes in the creation and application of law.\r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Legal instruments for air protection in Poland and the Czech Republic. Comparative Law Study <\/b>
\u2022 NCN Miniatura nr: 2023\/07\/X\/HS5\/00424
\u2022 >\u2022 Implementation period: 5 September 2023 \u2013 4 September 2024
\u2022 Project manager: dr Ewa Radecka
\u2022 Budget: 19 267 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n Taking up this research topic results from the necessity of a broader study of this matter, along with a juxtaposition of Polish and foreign (Czech) solutions. The reference to the Czech legal system stems from its geographical proximity (proximity to Poland), similar problems (post-communist state) and membership in the EU. Despite these obvious similarities, the two countries deal with air protection in completely different ways. According to reports from the European Environment Agency, the Czech Republic has better air quality than Poland (https:\/\/www.eea.europa.eu\/themes\/air\/country-fact-sheets\/2022-country-fact-sheets\/czechia-air-pollution-country). The analysis within the project will allow to determine how Poland and the Czech Republic have normalized this topic, which will be the starting point for a comparative study, which is particularly needed in order to develop an appropriate (i.e. effective and protective) model of air protection in Poland. This, in turn, will give an opportunity to answer the question whether it is expedient and possible to adapt some of the solutions known in the foreign legal system to the Polish legislation and whether this could contribute to the development of effective and efficient Polish legislation in the field of air protection, i.e. effectively protecting both this component of the environment and fauna, flora, as well as human health and life.\r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n
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\r\n \r\n \r\n Taking plastic trees and bad sex seriously. Fresh insights into the liberal vs. legal moralism debate over coercive regulation<\/b>
\r\n \r\n Taking plastic trees and bad sex seriously. Fresh insights into the liberal vs. legal moralism debate over coercive regulation<\/b>
\u2022 NCN OPUS no.: 2024\/53\/B\/HS5\/04354
\u2022 Implementation period:
\u2022 Project manager: dr Maciej Juzaszek
\u2022 Budget: 1 024 589 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Carbon farming model - a comparative study<\/b>
\u2022 NCN MINIATURA 8 no.: 2024\/08\/X\/HS5\/01569
\u2022 Implementation period: December 10. 2024 - December 9. 2025
\u2022 Project manager: dr Monika \u0141ata
\u2022 Budget: 25 021 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Instruments of long-term shareholder engagement in listed companies - a comparative analysis<\/b>
\u2022 NCN PRELUDIUM 23 no.: 2024\/53\/N\/HS5\/00255
\u2022 Implementation period: January 24., 2025 - January 23., 2027
\u2022 Project manager: mgr Dominik Mizerski
\u2022 Budget: 74 055 PLN PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Ecological law of obligations - transformation of European private law from the perspective of Chinese civil code provisions<\/b>
\u2022 NCN PRELUDIUM 23 no.: 2024\/53\/N\/HS5\/03550
\u2022 Implementation period: January 27, 2025 - January 26., 2028
\u2022 Project manager: mgr Jakub Zwierzchowski
\u2022 Budget: 172 000 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n <\/div> \r\n [\/vc_tta_section][vc_tta_section title=”NCN Projects 2023″ tab_id=”1720095342289-c33acf51-6f65″]\r\n \r\n \r\n \r\n <\/p>\n<\/div>\r\n <\/div>\r\n <\/div>\r\n
\r\n <\/h3>\r\n \r\n \r\n \r\n \r\n \r\n \r\n The language rights protection standard for beneficiaries of international protection in Europe: A new legal approach to harmonize integration<\/b>
\u2022 NCN Prelude no.: 2022\/45\/N\/HS5\/00961
\u2022 Implementation period: January 15, 2023 \u2013 January 24, 2026
\u2022 Project manager: mgr Illia Klinytskyi
\u2022 Project supervisor: Prof. Maria Coady
\u2022 Nature of the project: promoter research project
\u2022 Budget: 141 405 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n For over a decade, most European Union countries have been at the epicentre of migration processes. Only the current armed conflict between Russia and Ukraine, according to UNHCR forecasts, will cause an influx of refugees to Poland, i.e. at least 4,300,000 by the end of 2022. Considering the dynamics of these phenomena, still in October 2020, the European Commission proposed a new pact on migration and asylum, proposing new and improved EU asylum and migration system procedures. The dynamics of these events show vividly that problems that seemed to have already been solved have returned with redoubled force. In particular, the protection of the linguistic rights of immigrants who enjoy the status of beneficiaries of international protection (BIP) comes to the fore. This issue has not yet received a systematic approach and elaboration. The protection of language rights is generally considered from the perspective of minority rights. The current policy on minority and regional languages in Europe is limited to the indigenous citizens of particular states and therefore does not cover foreigners who do not have the nationality of the country of permanent residence or who do not have the status of a national minority. Consequently, the personal and collective needs of BIP in the context of their language rights are not recognised. The research project will fill this gap. The planned research aims to create a standard for the protection of BIP's language rights based on global, regional and national regulatory frameworks by answering four fundamental questions: 1. How is the understanding of the minimum of language rights presented in the literature on the subject? 2. What international and regional norms should be considered as the necessary minimum for language rights of BIP on a regional, state and EU basis? 3. To what extent does the status of national minorities match the status of BIP in their possibility to use preferred languages in the public sphere? 4. What legal instruments are designed or should be implemented to protect that minimum for BIP? The primary function of human rights is the pervasive protection of the fundamental rights of all people. However, the lack of a standard of protection for the language rights of the individual contributes to a failure to respect the cultural and linguistic distinctiveness of BIP in the procedures applied to them. As a result, integration processes often lead to unequal treatment of BIP. European countries do not apply a single, common standard for guaranteeing language rights. Often, immigration policy is not based on the gradual and harmonious integration of BIP but on the assumption of their full assimilation into the host country. This is a discriminatory approach toward BIP. It fails to take any account of the communication and cultural needs of BIP. For example, in the educational systems of countries such as Poland or Latvia, a child must obtain a positive mark in the state language to be promoted to the next grade; these regulations do not consider the lack of previous experience in the chosen language. State language examinations according to rules that do not take into account previous linguistic experience are compulsory under most state educational quality assessment systems, which can pose a severe problem for BIP children. The requirement of knowledge of the state's language can also be a discriminatory factor in hiring or in administrative proceedings. All this makes the establishment of a minimum of language rights at the transnational level a necessary condition for granting adequate protection to the communicative and cultural needs of BIP for their language rights. The research project aims to set a standard of language rights protection for beneficiaries of international protection in Europe and formulate a new legal approach to the problem of harmonisation of BIP integration into the host society. The point of reference for the considerations will be the existing legal regulations concerning language rights at the level of the universal system of human rights (UN), supranational multilateral regulations, including the law of the EU and the Council of Europe, as well as the case-law of the European Court of Human Rights, the Human Rights Committee and the Court of Justice. The legal regulations in force in Europe and in the EU law will be compared with the federal legislation and the national migration policy of the United States of America. The solutions adopted in this country, both in the sphere of legal solutions and the policy towards immigrants, will be treated as exemplary due to the long-standing experience of integration processes and the application of anti-discrimination practices, as well as various possible variants of solutions in the national policy regulating language rights. As a result, the effectiveness of the current system for the protection of the linguistic rights of BIP will be established, as well as the current needs of this social group concerning language guarantees, to be able to formulate possible future legal solutions (i.e. de lege feredna proposals). The planned outcome of the project will be the creation of a model for the protection of the linguistic rights necessary (minimum) for the use of language in the public sphere and the definition of indicators allowing for a transparent assessment of the degree of protection in order to demonstrate that the required standard of linguistic guarantees is met. In this way, the research project also contributes, from a language rights perspective to the critical international debate on migrants' rights to fill existing legislative gaps in this area in both international and national law.\r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Special legislation from the perspective of legal theory and philosophy of law<\/b>
\u2022 NCN Prelude no.: 2022\/45\/B\/HS5\/00919
\u2022 Implementation period: January 16, 2023 \u2013 January 15, 2026
\u2022 Project manager: Dr. Mateusz Zeifert
\u2022 Nature of the project: promoter research project
\u2022 Budget: 269 088 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n The purpose of the project: The objective of the research is to obtain scientific knowledge about the phenomenon known as \u201cspecial legislation\u201d (in Polish \u2018specustawy\u2019) and to discuss it from the perspective of legal theory and philosophy of law. This is aimed at expanding the discussion about special legislation on the international level. The project will establish the methodological and conceptual foundations for future comparative research. In particular, the following questions should be answered: 1) What statutes are referred to as \"special legislation\"? 2) What is \u201cspecial\u201d about those statutes? 3) Does the application of special legislation by courts differ from the application of ordinary statutes? 4) What are the benefits and risks of enacting special legislation? 5) How similar challenges are dealt with in other Western legal systems? 2. Planned research: The project will consist of six main stages: 1) the study of the use of the term \u201cspecial legislation\u201d (\u201cspecustawa\u201d) and related terms; 2) the analysis of legislative acts considered as special legislation; 3) the attempt to formulate a definition of the concept of special legislation and delineate its scope from other related phenomena; 4) the analysis of the application of special legislation by courts; 5) the critical analysis of special legislation in light of legal-theoretical, constitutional and legalphilosophical concepts and values; 6) the comparison between Polish special legislation (\u201cspecustawy\u201d) and similar concepts known in other legal systems. 3. Justification for the selection of the research topic: Special legislation (also: \u201cexceptional legislation\u201d, \"incidental legislation\", etc.) has been a permanent element of the Polish legal order since the beginning of the 21st century, although the rules for its creation have not been specified in any legal act, and the regulations contained therein often raise fundamental reservations on the part of legal theorists and legal practitioners. It has been playing an increasingly important role in recent years. As indicated in the literature, in some areas of law, incidental legislation has become the rule, and ordinary legislation has become the exception. At the same time, so far the research on the phenomenon of special legislation has been conducted mainly within the specific disciplines of jurisprudence (administrative law, constitutional law, etc.). There are no general or comparative studies, and in particular, there is no legal-theoretical and legal-philosophical reflection about incidental legislation. A legal definition of the concept of special legislation has not been developed. There is the lack of more extensive research into its application and interpretation. No recommendations were formulated regarding its creation, both in terms of the political process and legislative technique. In this state of affair, the proposed research fills a very important gap in Polish and global jurisprudence, and its results may, in the longer term, inspire changes in the creation and application of law.\r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Legal instruments for air protection in Poland and the Czech Republic. Comparative Law Study <\/b>
\u2022 NCN Miniatura nr: 2023\/07\/X\/HS5\/00424
\u2022 >\u2022 Implementation period: 5 September 2023 \u2013 4 September 2024
\u2022 Project manager: dr Ewa Radecka
\u2022 Budget: 19 267 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n Taking up this research topic results from the necessity of a broader study of this matter, along with a juxtaposition of Polish and foreign (Czech) solutions. The reference to the Czech legal system stems from its geographical proximity (proximity to Poland), similar problems (post-communist state) and membership in the EU. Despite these obvious similarities, the two countries deal with air protection in completely different ways. According to reports from the European Environment Agency, the Czech Republic has better air quality than Poland (https:\/\/www.eea.europa.eu\/themes\/air\/country-fact-sheets\/2022-country-fact-sheets\/czechia-air-pollution-country). The analysis within the project will allow to determine how Poland and the Czech Republic have normalized this topic, which will be the starting point for a comparative study, which is particularly needed in order to develop an appropriate (i.e. effective and protective) model of air protection in Poland. This, in turn, will give an opportunity to answer the question whether it is expedient and possible to adapt some of the solutions known in the foreign legal system to the Polish legislation and whether this could contribute to the development of effective and efficient Polish legislation in the field of air protection, i.e. effectively protecting both this component of the environment and fauna, flora, as well as human health and life.\r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n
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\r\n \r\n \r\n Carbon farming model - a comparative study<\/b>
\r\n \r\n Carbon farming model - a comparative study<\/b>
\u2022 NCN MINIATURA 8 no.: 2024\/08\/X\/HS5\/01569
\u2022 Implementation period: December 10. 2024 - December 9. 2025
\u2022 Project manager: dr Monika \u0141ata
\u2022 Budget: 25 021 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Instruments of long-term shareholder engagement in listed companies - a comparative analysis<\/b>
\u2022 NCN PRELUDIUM 23 no.: 2024\/53\/N\/HS5\/00255
\u2022 Implementation period: January 24., 2025 - January 23., 2027
\u2022 Project manager: mgr Dominik Mizerski
\u2022 Budget: 74 055 PLN PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Ecological law of obligations - transformation of European private law from the perspective of Chinese civil code provisions<\/b>
\u2022 NCN PRELUDIUM 23 no.: 2024\/53\/N\/HS5\/03550
\u2022 Implementation period: January 27, 2025 - January 26., 2028
\u2022 Project manager: mgr Jakub Zwierzchowski
\u2022 Budget: 172 000 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n <\/div> \r\n [\/vc_tta_section][vc_tta_section title=”NCN Projects 2023″ tab_id=”1720095342289-c33acf51-6f65″]\r\n \r\n \r\n \r\n <\/p>\n<\/div>\r\n <\/div>\r\n <\/div>\r\n
\r\n <\/h3>\r\n \r\n \r\n \r\n \r\n \r\n \r\n The language rights protection standard for beneficiaries of international protection in Europe: A new legal approach to harmonize integration<\/b>
\u2022 NCN Prelude no.: 2022\/45\/N\/HS5\/00961
\u2022 Implementation period: January 15, 2023 \u2013 January 24, 2026
\u2022 Project manager: mgr Illia Klinytskyi
\u2022 Project supervisor: Prof. Maria Coady
\u2022 Nature of the project: promoter research project
\u2022 Budget: 141 405 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n For over a decade, most European Union countries have been at the epicentre of migration processes. Only the current armed conflict between Russia and Ukraine, according to UNHCR forecasts, will cause an influx of refugees to Poland, i.e. at least 4,300,000 by the end of 2022. Considering the dynamics of these phenomena, still in October 2020, the European Commission proposed a new pact on migration and asylum, proposing new and improved EU asylum and migration system procedures. The dynamics of these events show vividly that problems that seemed to have already been solved have returned with redoubled force. In particular, the protection of the linguistic rights of immigrants who enjoy the status of beneficiaries of international protection (BIP) comes to the fore. This issue has not yet received a systematic approach and elaboration. The protection of language rights is generally considered from the perspective of minority rights. The current policy on minority and regional languages in Europe is limited to the indigenous citizens of particular states and therefore does not cover foreigners who do not have the nationality of the country of permanent residence or who do not have the status of a national minority. Consequently, the personal and collective needs of BIP in the context of their language rights are not recognised. The research project will fill this gap. The planned research aims to create a standard for the protection of BIP's language rights based on global, regional and national regulatory frameworks by answering four fundamental questions: 1. How is the understanding of the minimum of language rights presented in the literature on the subject? 2. What international and regional norms should be considered as the necessary minimum for language rights of BIP on a regional, state and EU basis? 3. To what extent does the status of national minorities match the status of BIP in their possibility to use preferred languages in the public sphere? 4. What legal instruments are designed or should be implemented to protect that minimum for BIP? The primary function of human rights is the pervasive protection of the fundamental rights of all people. However, the lack of a standard of protection for the language rights of the individual contributes to a failure to respect the cultural and linguistic distinctiveness of BIP in the procedures applied to them. As a result, integration processes often lead to unequal treatment of BIP. European countries do not apply a single, common standard for guaranteeing language rights. Often, immigration policy is not based on the gradual and harmonious integration of BIP but on the assumption of their full assimilation into the host country. This is a discriminatory approach toward BIP. It fails to take any account of the communication and cultural needs of BIP. For example, in the educational systems of countries such as Poland or Latvia, a child must obtain a positive mark in the state language to be promoted to the next grade; these regulations do not consider the lack of previous experience in the chosen language. State language examinations according to rules that do not take into account previous linguistic experience are compulsory under most state educational quality assessment systems, which can pose a severe problem for BIP children. The requirement of knowledge of the state's language can also be a discriminatory factor in hiring or in administrative proceedings. All this makes the establishment of a minimum of language rights at the transnational level a necessary condition for granting adequate protection to the communicative and cultural needs of BIP for their language rights. The research project aims to set a standard of language rights protection for beneficiaries of international protection in Europe and formulate a new legal approach to the problem of harmonisation of BIP integration into the host society. The point of reference for the considerations will be the existing legal regulations concerning language rights at the level of the universal system of human rights (UN), supranational multilateral regulations, including the law of the EU and the Council of Europe, as well as the case-law of the European Court of Human Rights, the Human Rights Committee and the Court of Justice. The legal regulations in force in Europe and in the EU law will be compared with the federal legislation and the national migration policy of the United States of America. The solutions adopted in this country, both in the sphere of legal solutions and the policy towards immigrants, will be treated as exemplary due to the long-standing experience of integration processes and the application of anti-discrimination practices, as well as various possible variants of solutions in the national policy regulating language rights. As a result, the effectiveness of the current system for the protection of the linguistic rights of BIP will be established, as well as the current needs of this social group concerning language guarantees, to be able to formulate possible future legal solutions (i.e. de lege feredna proposals). The planned outcome of the project will be the creation of a model for the protection of the linguistic rights necessary (minimum) for the use of language in the public sphere and the definition of indicators allowing for a transparent assessment of the degree of protection in order to demonstrate that the required standard of linguistic guarantees is met. In this way, the research project also contributes, from a language rights perspective to the critical international debate on migrants' rights to fill existing legislative gaps in this area in both international and national law.\r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Special legislation from the perspective of legal theory and philosophy of law<\/b>
\u2022 NCN Prelude no.: 2022\/45\/B\/HS5\/00919
\u2022 Implementation period: January 16, 2023 \u2013 January 15, 2026
\u2022 Project manager: Dr. Mateusz Zeifert
\u2022 Nature of the project: promoter research project
\u2022 Budget: 269 088 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n The purpose of the project: The objective of the research is to obtain scientific knowledge about the phenomenon known as \u201cspecial legislation\u201d (in Polish \u2018specustawy\u2019) and to discuss it from the perspective of legal theory and philosophy of law. This is aimed at expanding the discussion about special legislation on the international level. The project will establish the methodological and conceptual foundations for future comparative research. In particular, the following questions should be answered: 1) What statutes are referred to as \"special legislation\"? 2) What is \u201cspecial\u201d about those statutes? 3) Does the application of special legislation by courts differ from the application of ordinary statutes? 4) What are the benefits and risks of enacting special legislation? 5) How similar challenges are dealt with in other Western legal systems? 2. Planned research: The project will consist of six main stages: 1) the study of the use of the term \u201cspecial legislation\u201d (\u201cspecustawa\u201d) and related terms; 2) the analysis of legislative acts considered as special legislation; 3) the attempt to formulate a definition of the concept of special legislation and delineate its scope from other related phenomena; 4) the analysis of the application of special legislation by courts; 5) the critical analysis of special legislation in light of legal-theoretical, constitutional and legalphilosophical concepts and values; 6) the comparison between Polish special legislation (\u201cspecustawy\u201d) and similar concepts known in other legal systems. 3. Justification for the selection of the research topic: Special legislation (also: \u201cexceptional legislation\u201d, \"incidental legislation\", etc.) has been a permanent element of the Polish legal order since the beginning of the 21st century, although the rules for its creation have not been specified in any legal act, and the regulations contained therein often raise fundamental reservations on the part of legal theorists and legal practitioners. It has been playing an increasingly important role in recent years. As indicated in the literature, in some areas of law, incidental legislation has become the rule, and ordinary legislation has become the exception. At the same time, so far the research on the phenomenon of special legislation has been conducted mainly within the specific disciplines of jurisprudence (administrative law, constitutional law, etc.). There are no general or comparative studies, and in particular, there is no legal-theoretical and legal-philosophical reflection about incidental legislation. A legal definition of the concept of special legislation has not been developed. There is the lack of more extensive research into its application and interpretation. No recommendations were formulated regarding its creation, both in terms of the political process and legislative technique. In this state of affair, the proposed research fills a very important gap in Polish and global jurisprudence, and its results may, in the longer term, inspire changes in the creation and application of law.\r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Legal instruments for air protection in Poland and the Czech Republic. Comparative Law Study <\/b>
\u2022 NCN Miniatura nr: 2023\/07\/X\/HS5\/00424
\u2022 >\u2022 Implementation period: 5 September 2023 \u2013 4 September 2024
\u2022 Project manager: dr Ewa Radecka
\u2022 Budget: 19 267 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n Taking up this research topic results from the necessity of a broader study of this matter, along with a juxtaposition of Polish and foreign (Czech) solutions. The reference to the Czech legal system stems from its geographical proximity (proximity to Poland), similar problems (post-communist state) and membership in the EU. Despite these obvious similarities, the two countries deal with air protection in completely different ways. According to reports from the European Environment Agency, the Czech Republic has better air quality than Poland (https:\/\/www.eea.europa.eu\/themes\/air\/country-fact-sheets\/2022-country-fact-sheets\/czechia-air-pollution-country). The analysis within the project will allow to determine how Poland and the Czech Republic have normalized this topic, which will be the starting point for a comparative study, which is particularly needed in order to develop an appropriate (i.e. effective and protective) model of air protection in Poland. This, in turn, will give an opportunity to answer the question whether it is expedient and possible to adapt some of the solutions known in the foreign legal system to the Polish legislation and whether this could contribute to the development of effective and efficient Polish legislation in the field of air protection, i.e. effectively protecting both this component of the environment and fauna, flora, as well as human health and life.\r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n
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\r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n
\r\n
\r\n
\r\n \r\n \r\n Instruments of long-term shareholder engagement in listed companies - a comparative analysis<\/b>
\r\n \r\n Instruments of long-term shareholder engagement in listed companies - a comparative analysis<\/b>
\u2022 NCN PRELUDIUM 23 no.: 2024\/53\/N\/HS5\/00255
\u2022 Implementation period: January 24., 2025 - January 23., 2027
\u2022 Project manager: mgr Dominik Mizerski
\u2022 Budget: 74 055 PLN PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Ecological law of obligations - transformation of European private law from the perspective of Chinese civil code provisions<\/b>
\u2022 NCN PRELUDIUM 23 no.: 2024\/53\/N\/HS5\/03550
\u2022 Implementation period: January 27, 2025 - January 26., 2028
\u2022 Project manager: mgr Jakub Zwierzchowski
\u2022 Budget: 172 000 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n <\/div> \r\n [\/vc_tta_section][vc_tta_section title=”NCN Projects 2023″ tab_id=”1720095342289-c33acf51-6f65″]\r\n \r\n \r\n \r\n <\/p>\n<\/div>\r\n <\/div>\r\n <\/div>\r\n
\r\n <\/h3>\r\n \r\n \r\n \r\n \r\n \r\n \r\n The language rights protection standard for beneficiaries of international protection in Europe: A new legal approach to harmonize integration<\/b>
\u2022 NCN Prelude no.: 2022\/45\/N\/HS5\/00961
\u2022 Implementation period: January 15, 2023 \u2013 January 24, 2026
\u2022 Project manager: mgr Illia Klinytskyi
\u2022 Project supervisor: Prof. Maria Coady
\u2022 Nature of the project: promoter research project
\u2022 Budget: 141 405 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n For over a decade, most European Union countries have been at the epicentre of migration processes. Only the current armed conflict between Russia and Ukraine, according to UNHCR forecasts, will cause an influx of refugees to Poland, i.e. at least 4,300,000 by the end of 2022. Considering the dynamics of these phenomena, still in October 2020, the European Commission proposed a new pact on migration and asylum, proposing new and improved EU asylum and migration system procedures. The dynamics of these events show vividly that problems that seemed to have already been solved have returned with redoubled force. In particular, the protection of the linguistic rights of immigrants who enjoy the status of beneficiaries of international protection (BIP) comes to the fore. This issue has not yet received a systematic approach and elaboration. The protection of language rights is generally considered from the perspective of minority rights. The current policy on minority and regional languages in Europe is limited to the indigenous citizens of particular states and therefore does not cover foreigners who do not have the nationality of the country of permanent residence or who do not have the status of a national minority. Consequently, the personal and collective needs of BIP in the context of their language rights are not recognised. The research project will fill this gap. The planned research aims to create a standard for the protection of BIP's language rights based on global, regional and national regulatory frameworks by answering four fundamental questions: 1. How is the understanding of the minimum of language rights presented in the literature on the subject? 2. What international and regional norms should be considered as the necessary minimum for language rights of BIP on a regional, state and EU basis? 3. To what extent does the status of national minorities match the status of BIP in their possibility to use preferred languages in the public sphere? 4. What legal instruments are designed or should be implemented to protect that minimum for BIP? The primary function of human rights is the pervasive protection of the fundamental rights of all people. However, the lack of a standard of protection for the language rights of the individual contributes to a failure to respect the cultural and linguistic distinctiveness of BIP in the procedures applied to them. As a result, integration processes often lead to unequal treatment of BIP. European countries do not apply a single, common standard for guaranteeing language rights. Often, immigration policy is not based on the gradual and harmonious integration of BIP but on the assumption of their full assimilation into the host country. This is a discriminatory approach toward BIP. It fails to take any account of the communication and cultural needs of BIP. For example, in the educational systems of countries such as Poland or Latvia, a child must obtain a positive mark in the state language to be promoted to the next grade; these regulations do not consider the lack of previous experience in the chosen language. State language examinations according to rules that do not take into account previous linguistic experience are compulsory under most state educational quality assessment systems, which can pose a severe problem for BIP children. The requirement of knowledge of the state's language can also be a discriminatory factor in hiring or in administrative proceedings. All this makes the establishment of a minimum of language rights at the transnational level a necessary condition for granting adequate protection to the communicative and cultural needs of BIP for their language rights. The research project aims to set a standard of language rights protection for beneficiaries of international protection in Europe and formulate a new legal approach to the problem of harmonisation of BIP integration into the host society. The point of reference for the considerations will be the existing legal regulations concerning language rights at the level of the universal system of human rights (UN), supranational multilateral regulations, including the law of the EU and the Council of Europe, as well as the case-law of the European Court of Human Rights, the Human Rights Committee and the Court of Justice. The legal regulations in force in Europe and in the EU law will be compared with the federal legislation and the national migration policy of the United States of America. The solutions adopted in this country, both in the sphere of legal solutions and the policy towards immigrants, will be treated as exemplary due to the long-standing experience of integration processes and the application of anti-discrimination practices, as well as various possible variants of solutions in the national policy regulating language rights. As a result, the effectiveness of the current system for the protection of the linguistic rights of BIP will be established, as well as the current needs of this social group concerning language guarantees, to be able to formulate possible future legal solutions (i.e. de lege feredna proposals). The planned outcome of the project will be the creation of a model for the protection of the linguistic rights necessary (minimum) for the use of language in the public sphere and the definition of indicators allowing for a transparent assessment of the degree of protection in order to demonstrate that the required standard of linguistic guarantees is met. In this way, the research project also contributes, from a language rights perspective to the critical international debate on migrants' rights to fill existing legislative gaps in this area in both international and national law.\r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Special legislation from the perspective of legal theory and philosophy of law<\/b>
\u2022 NCN Prelude no.: 2022\/45\/B\/HS5\/00919
\u2022 Implementation period: January 16, 2023 \u2013 January 15, 2026
\u2022 Project manager: Dr. Mateusz Zeifert
\u2022 Nature of the project: promoter research project
\u2022 Budget: 269 088 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n The purpose of the project: The objective of the research is to obtain scientific knowledge about the phenomenon known as \u201cspecial legislation\u201d (in Polish \u2018specustawy\u2019) and to discuss it from the perspective of legal theory and philosophy of law. This is aimed at expanding the discussion about special legislation on the international level. The project will establish the methodological and conceptual foundations for future comparative research. In particular, the following questions should be answered: 1) What statutes are referred to as \"special legislation\"? 2) What is \u201cspecial\u201d about those statutes? 3) Does the application of special legislation by courts differ from the application of ordinary statutes? 4) What are the benefits and risks of enacting special legislation? 5) How similar challenges are dealt with in other Western legal systems? 2. Planned research: The project will consist of six main stages: 1) the study of the use of the term \u201cspecial legislation\u201d (\u201cspecustawa\u201d) and related terms; 2) the analysis of legislative acts considered as special legislation; 3) the attempt to formulate a definition of the concept of special legislation and delineate its scope from other related phenomena; 4) the analysis of the application of special legislation by courts; 5) the critical analysis of special legislation in light of legal-theoretical, constitutional and legalphilosophical concepts and values; 6) the comparison between Polish special legislation (\u201cspecustawy\u201d) and similar concepts known in other legal systems. 3. Justification for the selection of the research topic: Special legislation (also: \u201cexceptional legislation\u201d, \"incidental legislation\", etc.) has been a permanent element of the Polish legal order since the beginning of the 21st century, although the rules for its creation have not been specified in any legal act, and the regulations contained therein often raise fundamental reservations on the part of legal theorists and legal practitioners. It has been playing an increasingly important role in recent years. As indicated in the literature, in some areas of law, incidental legislation has become the rule, and ordinary legislation has become the exception. At the same time, so far the research on the phenomenon of special legislation has been conducted mainly within the specific disciplines of jurisprudence (administrative law, constitutional law, etc.). There are no general or comparative studies, and in particular, there is no legal-theoretical and legal-philosophical reflection about incidental legislation. A legal definition of the concept of special legislation has not been developed. There is the lack of more extensive research into its application and interpretation. No recommendations were formulated regarding its creation, both in terms of the political process and legislative technique. In this state of affair, the proposed research fills a very important gap in Polish and global jurisprudence, and its results may, in the longer term, inspire changes in the creation and application of law.\r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Legal instruments for air protection in Poland and the Czech Republic. Comparative Law Study <\/b>
\u2022 NCN Miniatura nr: 2023\/07\/X\/HS5\/00424
\u2022 >\u2022 Implementation period: 5 September 2023 \u2013 4 September 2024
\u2022 Project manager: dr Ewa Radecka
\u2022 Budget: 19 267 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n Taking up this research topic results from the necessity of a broader study of this matter, along with a juxtaposition of Polish and foreign (Czech) solutions. The reference to the Czech legal system stems from its geographical proximity (proximity to Poland), similar problems (post-communist state) and membership in the EU. Despite these obvious similarities, the two countries deal with air protection in completely different ways. According to reports from the European Environment Agency, the Czech Republic has better air quality than Poland (https:\/\/www.eea.europa.eu\/themes\/air\/country-fact-sheets\/2022-country-fact-sheets\/czechia-air-pollution-country). The analysis within the project will allow to determine how Poland and the Czech Republic have normalized this topic, which will be the starting point for a comparative study, which is particularly needed in order to develop an appropriate (i.e. effective and protective) model of air protection in Poland. This, in turn, will give an opportunity to answer the question whether it is expedient and possible to adapt some of the solutions known in the foreign legal system to the Polish legislation and whether this could contribute to the development of effective and efficient Polish legislation in the field of air protection, i.e. effectively protecting both this component of the environment and fauna, flora, as well as human health and life.\r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n
\r\n \r\n
\r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n
\r\n
\r\n
\r\n \r\n \r\n Ecological law of obligations - transformation of European private law from the perspective of Chinese civil code provisions<\/b>
\r\n \r\n Ecological law of obligations - transformation of European private law from the perspective of Chinese civil code provisions<\/b>
\u2022 NCN PRELUDIUM 23 no.: 2024\/53\/N\/HS5\/03550
\u2022 Implementation period: January 27, 2025 - January 26., 2028
\u2022 Project manager: mgr Jakub Zwierzchowski
\u2022 Budget: 172 000 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n <\/div> \r\n [\/vc_tta_section][vc_tta_section title=”NCN Projects 2023″ tab_id=”1720095342289-c33acf51-6f65″]\r\n \r\n \r\n \r\n <\/p>\n<\/div>\r\n <\/div>\r\n <\/div>\r\n
\r\n <\/h3>\r\n \r\n \r\n \r\n \r\n \r\n \r\n The language rights protection standard for beneficiaries of international protection in Europe: A new legal approach to harmonize integration<\/b>
\u2022 NCN Prelude no.: 2022\/45\/N\/HS5\/00961
\u2022 Implementation period: January 15, 2023 \u2013 January 24, 2026
\u2022 Project manager: mgr Illia Klinytskyi
\u2022 Project supervisor: Prof. Maria Coady
\u2022 Nature of the project: promoter research project
\u2022 Budget: 141 405 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n For over a decade, most European Union countries have been at the epicentre of migration processes. Only the current armed conflict between Russia and Ukraine, according to UNHCR forecasts, will cause an influx of refugees to Poland, i.e. at least 4,300,000 by the end of 2022. Considering the dynamics of these phenomena, still in October 2020, the European Commission proposed a new pact on migration and asylum, proposing new and improved EU asylum and migration system procedures. The dynamics of these events show vividly that problems that seemed to have already been solved have returned with redoubled force. In particular, the protection of the linguistic rights of immigrants who enjoy the status of beneficiaries of international protection (BIP) comes to the fore. This issue has not yet received a systematic approach and elaboration. The protection of language rights is generally considered from the perspective of minority rights. The current policy on minority and regional languages in Europe is limited to the indigenous citizens of particular states and therefore does not cover foreigners who do not have the nationality of the country of permanent residence or who do not have the status of a national minority. Consequently, the personal and collective needs of BIP in the context of their language rights are not recognised. The research project will fill this gap. The planned research aims to create a standard for the protection of BIP's language rights based on global, regional and national regulatory frameworks by answering four fundamental questions: 1. How is the understanding of the minimum of language rights presented in the literature on the subject? 2. What international and regional norms should be considered as the necessary minimum for language rights of BIP on a regional, state and EU basis? 3. To what extent does the status of national minorities match the status of BIP in their possibility to use preferred languages in the public sphere? 4. What legal instruments are designed or should be implemented to protect that minimum for BIP? The primary function of human rights is the pervasive protection of the fundamental rights of all people. However, the lack of a standard of protection for the language rights of the individual contributes to a failure to respect the cultural and linguistic distinctiveness of BIP in the procedures applied to them. As a result, integration processes often lead to unequal treatment of BIP. European countries do not apply a single, common standard for guaranteeing language rights. Often, immigration policy is not based on the gradual and harmonious integration of BIP but on the assumption of their full assimilation into the host country. This is a discriminatory approach toward BIP. It fails to take any account of the communication and cultural needs of BIP. For example, in the educational systems of countries such as Poland or Latvia, a child must obtain a positive mark in the state language to be promoted to the next grade; these regulations do not consider the lack of previous experience in the chosen language. State language examinations according to rules that do not take into account previous linguistic experience are compulsory under most state educational quality assessment systems, which can pose a severe problem for BIP children. The requirement of knowledge of the state's language can also be a discriminatory factor in hiring or in administrative proceedings. All this makes the establishment of a minimum of language rights at the transnational level a necessary condition for granting adequate protection to the communicative and cultural needs of BIP for their language rights. The research project aims to set a standard of language rights protection for beneficiaries of international protection in Europe and formulate a new legal approach to the problem of harmonisation of BIP integration into the host society. The point of reference for the considerations will be the existing legal regulations concerning language rights at the level of the universal system of human rights (UN), supranational multilateral regulations, including the law of the EU and the Council of Europe, as well as the case-law of the European Court of Human Rights, the Human Rights Committee and the Court of Justice. The legal regulations in force in Europe and in the EU law will be compared with the federal legislation and the national migration policy of the United States of America. The solutions adopted in this country, both in the sphere of legal solutions and the policy towards immigrants, will be treated as exemplary due to the long-standing experience of integration processes and the application of anti-discrimination practices, as well as various possible variants of solutions in the national policy regulating language rights. As a result, the effectiveness of the current system for the protection of the linguistic rights of BIP will be established, as well as the current needs of this social group concerning language guarantees, to be able to formulate possible future legal solutions (i.e. de lege feredna proposals). The planned outcome of the project will be the creation of a model for the protection of the linguistic rights necessary (minimum) for the use of language in the public sphere and the definition of indicators allowing for a transparent assessment of the degree of protection in order to demonstrate that the required standard of linguistic guarantees is met. In this way, the research project also contributes, from a language rights perspective to the critical international debate on migrants' rights to fill existing legislative gaps in this area in both international and national law.\r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Special legislation from the perspective of legal theory and philosophy of law<\/b>
\u2022 NCN Prelude no.: 2022\/45\/B\/HS5\/00919
\u2022 Implementation period: January 16, 2023 \u2013 January 15, 2026
\u2022 Project manager: Dr. Mateusz Zeifert
\u2022 Nature of the project: promoter research project
\u2022 Budget: 269 088 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n The purpose of the project: The objective of the research is to obtain scientific knowledge about the phenomenon known as \u201cspecial legislation\u201d (in Polish \u2018specustawy\u2019) and to discuss it from the perspective of legal theory and philosophy of law. This is aimed at expanding the discussion about special legislation on the international level. The project will establish the methodological and conceptual foundations for future comparative research. In particular, the following questions should be answered: 1) What statutes are referred to as \"special legislation\"? 2) What is \u201cspecial\u201d about those statutes? 3) Does the application of special legislation by courts differ from the application of ordinary statutes? 4) What are the benefits and risks of enacting special legislation? 5) How similar challenges are dealt with in other Western legal systems? 2. Planned research: The project will consist of six main stages: 1) the study of the use of the term \u201cspecial legislation\u201d (\u201cspecustawa\u201d) and related terms; 2) the analysis of legislative acts considered as special legislation; 3) the attempt to formulate a definition of the concept of special legislation and delineate its scope from other related phenomena; 4) the analysis of the application of special legislation by courts; 5) the critical analysis of special legislation in light of legal-theoretical, constitutional and legalphilosophical concepts and values; 6) the comparison between Polish special legislation (\u201cspecustawy\u201d) and similar concepts known in other legal systems. 3. Justification for the selection of the research topic: Special legislation (also: \u201cexceptional legislation\u201d, \"incidental legislation\", etc.) has been a permanent element of the Polish legal order since the beginning of the 21st century, although the rules for its creation have not been specified in any legal act, and the regulations contained therein often raise fundamental reservations on the part of legal theorists and legal practitioners. It has been playing an increasingly important role in recent years. As indicated in the literature, in some areas of law, incidental legislation has become the rule, and ordinary legislation has become the exception. At the same time, so far the research on the phenomenon of special legislation has been conducted mainly within the specific disciplines of jurisprudence (administrative law, constitutional law, etc.). There are no general or comparative studies, and in particular, there is no legal-theoretical and legal-philosophical reflection about incidental legislation. A legal definition of the concept of special legislation has not been developed. There is the lack of more extensive research into its application and interpretation. No recommendations were formulated regarding its creation, both in terms of the political process and legislative technique. In this state of affair, the proposed research fills a very important gap in Polish and global jurisprudence, and its results may, in the longer term, inspire changes in the creation and application of law.\r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Legal instruments for air protection in Poland and the Czech Republic. Comparative Law Study <\/b>
\u2022 NCN Miniatura nr: 2023\/07\/X\/HS5\/00424
\u2022 >\u2022 Implementation period: 5 September 2023 \u2013 4 September 2024
\u2022 Project manager: dr Ewa Radecka
\u2022 Budget: 19 267 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n Taking up this research topic results from the necessity of a broader study of this matter, along with a juxtaposition of Polish and foreign (Czech) solutions. The reference to the Czech legal system stems from its geographical proximity (proximity to Poland), similar problems (post-communist state) and membership in the EU. Despite these obvious similarities, the two countries deal with air protection in completely different ways. According to reports from the European Environment Agency, the Czech Republic has better air quality than Poland (https:\/\/www.eea.europa.eu\/themes\/air\/country-fact-sheets\/2022-country-fact-sheets\/czechia-air-pollution-country). The analysis within the project will allow to determine how Poland and the Czech Republic have normalized this topic, which will be the starting point for a comparative study, which is particularly needed in order to develop an appropriate (i.e. effective and protective) model of air protection in Poland. This, in turn, will give an opportunity to answer the question whether it is expedient and possible to adapt some of the solutions known in the foreign legal system to the Polish legislation and whether this could contribute to the development of effective and efficient Polish legislation in the field of air protection, i.e. effectively protecting both this component of the environment and fauna, flora, as well as human health and life.\r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n
\r\n \r\n
\r\n \r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n <\/div> \r\n [\/vc_tta_section][vc_tta_section title=”NCN Projects 2023″ tab_id=”1720095342289-c33acf51-6f65″]\r\n
\r\n
\r\n \r\n
<\/p>\n<\/div>\r\n <\/div>\r\n <\/div>\r\n
\r\n <\/h3>\r\n \r\n
<\/h3>\r\n \r\n \r\n \r\n \r\n \r\n \r\n The language rights protection standard for beneficiaries of international protection in Europe: A new legal approach to harmonize integration<\/b>
\u2022 NCN Prelude no.: 2022\/45\/N\/HS5\/00961
\u2022 Implementation period: January 15, 2023 \u2013 January 24, 2026
\u2022 Project manager: mgr Illia Klinytskyi
\u2022 Project supervisor: Prof. Maria Coady
\u2022 Nature of the project: promoter research project
\u2022 Budget: 141 405 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n For over a decade, most European Union countries have been at the epicentre of migration processes. Only the current armed conflict between Russia and Ukraine, according to UNHCR forecasts, will cause an influx of refugees to Poland, i.e. at least 4,300,000 by the end of 2022. Considering the dynamics of these phenomena, still in October 2020, the European Commission proposed a new pact on migration and asylum, proposing new and improved EU asylum and migration system procedures. The dynamics of these events show vividly that problems that seemed to have already been solved have returned with redoubled force. In particular, the protection of the linguistic rights of immigrants who enjoy the status of beneficiaries of international protection (BIP) comes to the fore. This issue has not yet received a systematic approach and elaboration. The protection of language rights is generally considered from the perspective of minority rights. The current policy on minority and regional languages in Europe is limited to the indigenous citizens of particular states and therefore does not cover foreigners who do not have the nationality of the country of permanent residence or who do not have the status of a national minority. Consequently, the personal and collective needs of BIP in the context of their language rights are not recognised. The research project will fill this gap. The planned research aims to create a standard for the protection of BIP's language rights based on global, regional and national regulatory frameworks by answering four fundamental questions: 1. How is the understanding of the minimum of language rights presented in the literature on the subject? 2. What international and regional norms should be considered as the necessary minimum for language rights of BIP on a regional, state and EU basis? 3. To what extent does the status of national minorities match the status of BIP in their possibility to use preferred languages in the public sphere? 4. What legal instruments are designed or should be implemented to protect that minimum for BIP? The primary function of human rights is the pervasive protection of the fundamental rights of all people. However, the lack of a standard of protection for the language rights of the individual contributes to a failure to respect the cultural and linguistic distinctiveness of BIP in the procedures applied to them. As a result, integration processes often lead to unequal treatment of BIP. European countries do not apply a single, common standard for guaranteeing language rights. Often, immigration policy is not based on the gradual and harmonious integration of BIP but on the assumption of their full assimilation into the host country. This is a discriminatory approach toward BIP. It fails to take any account of the communication and cultural needs of BIP. For example, in the educational systems of countries such as Poland or Latvia, a child must obtain a positive mark in the state language to be promoted to the next grade; these regulations do not consider the lack of previous experience in the chosen language. State language examinations according to rules that do not take into account previous linguistic experience are compulsory under most state educational quality assessment systems, which can pose a severe problem for BIP children. The requirement of knowledge of the state's language can also be a discriminatory factor in hiring or in administrative proceedings. All this makes the establishment of a minimum of language rights at the transnational level a necessary condition for granting adequate protection to the communicative and cultural needs of BIP for their language rights. The research project aims to set a standard of language rights protection for beneficiaries of international protection in Europe and formulate a new legal approach to the problem of harmonisation of BIP integration into the host society. The point of reference for the considerations will be the existing legal regulations concerning language rights at the level of the universal system of human rights (UN), supranational multilateral regulations, including the law of the EU and the Council of Europe, as well as the case-law of the European Court of Human Rights, the Human Rights Committee and the Court of Justice. The legal regulations in force in Europe and in the EU law will be compared with the federal legislation and the national migration policy of the United States of America. The solutions adopted in this country, both in the sphere of legal solutions and the policy towards immigrants, will be treated as exemplary due to the long-standing experience of integration processes and the application of anti-discrimination practices, as well as various possible variants of solutions in the national policy regulating language rights. As a result, the effectiveness of the current system for the protection of the linguistic rights of BIP will be established, as well as the current needs of this social group concerning language guarantees, to be able to formulate possible future legal solutions (i.e. de lege feredna proposals). The planned outcome of the project will be the creation of a model for the protection of the linguistic rights necessary (minimum) for the use of language in the public sphere and the definition of indicators allowing for a transparent assessment of the degree of protection in order to demonstrate that the required standard of linguistic guarantees is met. In this way, the research project also contributes, from a language rights perspective to the critical international debate on migrants' rights to fill existing legislative gaps in this area in both international and national law.\r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Special legislation from the perspective of legal theory and philosophy of law<\/b>
\u2022 NCN Prelude no.: 2022\/45\/B\/HS5\/00919
\u2022 Implementation period: January 16, 2023 \u2013 January 15, 2026
\u2022 Project manager: Dr. Mateusz Zeifert
\u2022 Nature of the project: promoter research project
\u2022 Budget: 269 088 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n The purpose of the project: The objective of the research is to obtain scientific knowledge about the phenomenon known as \u201cspecial legislation\u201d (in Polish \u2018specustawy\u2019) and to discuss it from the perspective of legal theory and philosophy of law. This is aimed at expanding the discussion about special legislation on the international level. The project will establish the methodological and conceptual foundations for future comparative research. In particular, the following questions should be answered: 1) What statutes are referred to as \"special legislation\"? 2) What is \u201cspecial\u201d about those statutes? 3) Does the application of special legislation by courts differ from the application of ordinary statutes? 4) What are the benefits and risks of enacting special legislation? 5) How similar challenges are dealt with in other Western legal systems? 2. Planned research: The project will consist of six main stages: 1) the study of the use of the term \u201cspecial legislation\u201d (\u201cspecustawa\u201d) and related terms; 2) the analysis of legislative acts considered as special legislation; 3) the attempt to formulate a definition of the concept of special legislation and delineate its scope from other related phenomena; 4) the analysis of the application of special legislation by courts; 5) the critical analysis of special legislation in light of legal-theoretical, constitutional and legalphilosophical concepts and values; 6) the comparison between Polish special legislation (\u201cspecustawy\u201d) and similar concepts known in other legal systems. 3. Justification for the selection of the research topic: Special legislation (also: \u201cexceptional legislation\u201d, \"incidental legislation\", etc.) has been a permanent element of the Polish legal order since the beginning of the 21st century, although the rules for its creation have not been specified in any legal act, and the regulations contained therein often raise fundamental reservations on the part of legal theorists and legal practitioners. It has been playing an increasingly important role in recent years. As indicated in the literature, in some areas of law, incidental legislation has become the rule, and ordinary legislation has become the exception. At the same time, so far the research on the phenomenon of special legislation has been conducted mainly within the specific disciplines of jurisprudence (administrative law, constitutional law, etc.). There are no general or comparative studies, and in particular, there is no legal-theoretical and legal-philosophical reflection about incidental legislation. A legal definition of the concept of special legislation has not been developed. There is the lack of more extensive research into its application and interpretation. No recommendations were formulated regarding its creation, both in terms of the political process and legislative technique. In this state of affair, the proposed research fills a very important gap in Polish and global jurisprudence, and its results may, in the longer term, inspire changes in the creation and application of law.\r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Legal instruments for air protection in Poland and the Czech Republic. Comparative Law Study <\/b>
\u2022 NCN Miniatura nr: 2023\/07\/X\/HS5\/00424
\u2022 >\u2022 Implementation period: 5 September 2023 \u2013 4 September 2024
\u2022 Project manager: dr Ewa Radecka
\u2022 Budget: 19 267 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n Taking up this research topic results from the necessity of a broader study of this matter, along with a juxtaposition of Polish and foreign (Czech) solutions. The reference to the Czech legal system stems from its geographical proximity (proximity to Poland), similar problems (post-communist state) and membership in the EU. Despite these obvious similarities, the two countries deal with air protection in completely different ways. According to reports from the European Environment Agency, the Czech Republic has better air quality than Poland (https:\/\/www.eea.europa.eu\/themes\/air\/country-fact-sheets\/2022-country-fact-sheets\/czechia-air-pollution-country). The analysis within the project will allow to determine how Poland and the Czech Republic have normalized this topic, which will be the starting point for a comparative study, which is particularly needed in order to develop an appropriate (i.e. effective and protective) model of air protection in Poland. This, in turn, will give an opportunity to answer the question whether it is expedient and possible to adapt some of the solutions known in the foreign legal system to the Polish legislation and whether this could contribute to the development of effective and efficient Polish legislation in the field of air protection, i.e. effectively protecting both this component of the environment and fauna, flora, as well as human health and life.\r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n
\r\n
\r\n \r\n \r\n The language rights protection standard for beneficiaries of international protection in Europe: A new legal approach to harmonize integration<\/b>
\r\n \r\n The language rights protection standard for beneficiaries of international protection in Europe: A new legal approach to harmonize integration<\/b>
\u2022 NCN Prelude no.: 2022\/45\/N\/HS5\/00961
\u2022 Implementation period: January 15, 2023 \u2013 January 24, 2026
\u2022 Project manager: mgr Illia Klinytskyi
\u2022 Project supervisor: Prof. Maria Coady
\u2022 Nature of the project: promoter research project
\u2022 Budget: 141 405 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n For over a decade, most European Union countries have been at the epicentre of migration processes. Only the current armed conflict between Russia and Ukraine, according to UNHCR forecasts, will cause an influx of refugees to Poland, i.e. at least 4,300,000 by the end of 2022. Considering the dynamics of these phenomena, still in October 2020, the European Commission proposed a new pact on migration and asylum, proposing new and improved EU asylum and migration system procedures. The dynamics of these events show vividly that problems that seemed to have already been solved have returned with redoubled force. In particular, the protection of the linguistic rights of immigrants who enjoy the status of beneficiaries of international protection (BIP) comes to the fore. This issue has not yet received a systematic approach and elaboration. The protection of language rights is generally considered from the perspective of minority rights. The current policy on minority and regional languages in Europe is limited to the indigenous citizens of particular states and therefore does not cover foreigners who do not have the nationality of the country of permanent residence or who do not have the status of a national minority. Consequently, the personal and collective needs of BIP in the context of their language rights are not recognised. The research project will fill this gap. The planned research aims to create a standard for the protection of BIP's language rights based on global, regional and national regulatory frameworks by answering four fundamental questions: 1. How is the understanding of the minimum of language rights presented in the literature on the subject? 2. What international and regional norms should be considered as the necessary minimum for language rights of BIP on a regional, state and EU basis? 3. To what extent does the status of national minorities match the status of BIP in their possibility to use preferred languages in the public sphere? 4. What legal instruments are designed or should be implemented to protect that minimum for BIP? The primary function of human rights is the pervasive protection of the fundamental rights of all people. However, the lack of a standard of protection for the language rights of the individual contributes to a failure to respect the cultural and linguistic distinctiveness of BIP in the procedures applied to them. As a result, integration processes often lead to unequal treatment of BIP. European countries do not apply a single, common standard for guaranteeing language rights. Often, immigration policy is not based on the gradual and harmonious integration of BIP but on the assumption of their full assimilation into the host country. This is a discriminatory approach toward BIP. It fails to take any account of the communication and cultural needs of BIP. For example, in the educational systems of countries such as Poland or Latvia, a child must obtain a positive mark in the state language to be promoted to the next grade; these regulations do not consider the lack of previous experience in the chosen language. State language examinations according to rules that do not take into account previous linguistic experience are compulsory under most state educational quality assessment systems, which can pose a severe problem for BIP children. The requirement of knowledge of the state's language can also be a discriminatory factor in hiring or in administrative proceedings. All this makes the establishment of a minimum of language rights at the transnational level a necessary condition for granting adequate protection to the communicative and cultural needs of BIP for their language rights. The research project aims to set a standard of language rights protection for beneficiaries of international protection in Europe and formulate a new legal approach to the problem of harmonisation of BIP integration into the host society. The point of reference for the considerations will be the existing legal regulations concerning language rights at the level of the universal system of human rights (UN), supranational multilateral regulations, including the law of the EU and the Council of Europe, as well as the case-law of the European Court of Human Rights, the Human Rights Committee and the Court of Justice. The legal regulations in force in Europe and in the EU law will be compared with the federal legislation and the national migration policy of the United States of America. The solutions adopted in this country, both in the sphere of legal solutions and the policy towards immigrants, will be treated as exemplary due to the long-standing experience of integration processes and the application of anti-discrimination practices, as well as various possible variants of solutions in the national policy regulating language rights. As a result, the effectiveness of the current system for the protection of the linguistic rights of BIP will be established, as well as the current needs of this social group concerning language guarantees, to be able to formulate possible future legal solutions (i.e. de lege feredna proposals). The planned outcome of the project will be the creation of a model for the protection of the linguistic rights necessary (minimum) for the use of language in the public sphere and the definition of indicators allowing for a transparent assessment of the degree of protection in order to demonstrate that the required standard of linguistic guarantees is met. In this way, the research project also contributes, from a language rights perspective to the critical international debate on migrants' rights to fill existing legislative gaps in this area in both international and national law.\r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Special legislation from the perspective of legal theory and philosophy of law<\/b>
\u2022 NCN Prelude no.: 2022\/45\/B\/HS5\/00919
\u2022 Implementation period: January 16, 2023 \u2013 January 15, 2026
\u2022 Project manager: Dr. Mateusz Zeifert
\u2022 Nature of the project: promoter research project
\u2022 Budget: 269 088 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n The purpose of the project: The objective of the research is to obtain scientific knowledge about the phenomenon known as \u201cspecial legislation\u201d (in Polish \u2018specustawy\u2019) and to discuss it from the perspective of legal theory and philosophy of law. This is aimed at expanding the discussion about special legislation on the international level. The project will establish the methodological and conceptual foundations for future comparative research. In particular, the following questions should be answered: 1) What statutes are referred to as \"special legislation\"? 2) What is \u201cspecial\u201d about those statutes? 3) Does the application of special legislation by courts differ from the application of ordinary statutes? 4) What are the benefits and risks of enacting special legislation? 5) How similar challenges are dealt with in other Western legal systems? 2. Planned research: The project will consist of six main stages: 1) the study of the use of the term \u201cspecial legislation\u201d (\u201cspecustawa\u201d) and related terms; 2) the analysis of legislative acts considered as special legislation; 3) the attempt to formulate a definition of the concept of special legislation and delineate its scope from other related phenomena; 4) the analysis of the application of special legislation by courts; 5) the critical analysis of special legislation in light of legal-theoretical, constitutional and legalphilosophical concepts and values; 6) the comparison between Polish special legislation (\u201cspecustawy\u201d) and similar concepts known in other legal systems. 3. Justification for the selection of the research topic: Special legislation (also: \u201cexceptional legislation\u201d, \"incidental legislation\", etc.) has been a permanent element of the Polish legal order since the beginning of the 21st century, although the rules for its creation have not been specified in any legal act, and the regulations contained therein often raise fundamental reservations on the part of legal theorists and legal practitioners. It has been playing an increasingly important role in recent years. As indicated in the literature, in some areas of law, incidental legislation has become the rule, and ordinary legislation has become the exception. At the same time, so far the research on the phenomenon of special legislation has been conducted mainly within the specific disciplines of jurisprudence (administrative law, constitutional law, etc.). There are no general or comparative studies, and in particular, there is no legal-theoretical and legal-philosophical reflection about incidental legislation. A legal definition of the concept of special legislation has not been developed. There is the lack of more extensive research into its application and interpretation. No recommendations were formulated regarding its creation, both in terms of the political process and legislative technique. In this state of affair, the proposed research fills a very important gap in Polish and global jurisprudence, and its results may, in the longer term, inspire changes in the creation and application of law.\r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Legal instruments for air protection in Poland and the Czech Republic. Comparative Law Study <\/b>
\u2022 NCN Miniatura nr: 2023\/07\/X\/HS5\/00424
\u2022 >\u2022 Implementation period: 5 September 2023 \u2013 4 September 2024
\u2022 Project manager: dr Ewa Radecka
\u2022 Budget: 19 267 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n Taking up this research topic results from the necessity of a broader study of this matter, along with a juxtaposition of Polish and foreign (Czech) solutions. The reference to the Czech legal system stems from its geographical proximity (proximity to Poland), similar problems (post-communist state) and membership in the EU. Despite these obvious similarities, the two countries deal with air protection in completely different ways. According to reports from the European Environment Agency, the Czech Republic has better air quality than Poland (https:\/\/www.eea.europa.eu\/themes\/air\/country-fact-sheets\/2022-country-fact-sheets\/czechia-air-pollution-country). The analysis within the project will allow to determine how Poland and the Czech Republic have normalized this topic, which will be the starting point for a comparative study, which is particularly needed in order to develop an appropriate (i.e. effective and protective) model of air protection in Poland. This, in turn, will give an opportunity to answer the question whether it is expedient and possible to adapt some of the solutions known in the foreign legal system to the Polish legislation and whether this could contribute to the development of effective and efficient Polish legislation in the field of air protection, i.e. effectively protecting both this component of the environment and fauna, flora, as well as human health and life.\r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n
\r\n \r\n
\r\n For over a decade, most European Union countries have been at the epicentre of migration processes. Only the current armed conflict between Russia and Ukraine, according to UNHCR forecasts, will cause an influx of refugees to Poland, i.e. at least 4,300,000 by the end of 2022. Considering the dynamics of these phenomena, still in October 2020, the European Commission proposed a new pact on migration and asylum, proposing new and improved EU asylum and migration system procedures. The dynamics of these events show vividly that problems that seemed to have already been solved have returned with redoubled force. In particular, the protection of the linguistic rights of immigrants who enjoy the status of beneficiaries of international protection (BIP) comes to the fore. This issue has not yet received a systematic approach and elaboration. The protection of language rights is generally considered from the perspective of minority rights. The current policy on minority and regional languages in Europe is limited to the indigenous citizens of particular states and therefore does not cover foreigners who do not have the nationality of the country of permanent residence or who do not have the status of a national minority. Consequently, the personal and collective needs of BIP in the context of their language rights are not recognised. The research project will fill this gap. The planned research aims to create a standard for the protection of BIP's language rights based on global, regional and national regulatory frameworks by answering four fundamental questions: 1. How is the understanding of the minimum of language rights presented in the literature on the subject? 2. What international and regional norms should be considered as the necessary minimum for language rights of BIP on a regional, state and EU basis? 3. To what extent does the status of national minorities match the status of BIP in their possibility to use preferred languages in the public sphere? 4. What legal instruments are designed or should be implemented to protect that minimum for BIP? The primary function of human rights is the pervasive protection of the fundamental rights of all people. However, the lack of a standard of protection for the language rights of the individual contributes to a failure to respect the cultural and linguistic distinctiveness of BIP in the procedures applied to them. As a result, integration processes often lead to unequal treatment of BIP. European countries do not apply a single, common standard for guaranteeing language rights. Often, immigration policy is not based on the gradual and harmonious integration of BIP but on the assumption of their full assimilation into the host country. This is a discriminatory approach toward BIP. It fails to take any account of the communication and cultural needs of BIP. For example, in the educational systems of countries such as Poland or Latvia, a child must obtain a positive mark in the state language to be promoted to the next grade; these regulations do not consider the lack of previous experience in the chosen language. State language examinations according to rules that do not take into account previous linguistic experience are compulsory under most state educational quality assessment systems, which can pose a severe problem for BIP children. The requirement of knowledge of the state's language can also be a discriminatory factor in hiring or in administrative proceedings. All this makes the establishment of a minimum of language rights at the transnational level a necessary condition for granting adequate protection to the communicative and cultural needs of BIP for their language rights. The research project aims to set a standard of language rights protection for beneficiaries of international protection in Europe and formulate a new legal approach to the problem of harmonisation of BIP integration into the host society. The point of reference for the considerations will be the existing legal regulations concerning language rights at the level of the universal system of human rights (UN), supranational multilateral regulations, including the law of the EU and the Council of Europe, as well as the case-law of the European Court of Human Rights, the Human Rights Committee and the Court of Justice. The legal regulations in force in Europe and in the EU law will be compared with the federal legislation and the national migration policy of the United States of America. The solutions adopted in this country, both in the sphere of legal solutions and the policy towards immigrants, will be treated as exemplary due to the long-standing experience of integration processes and the application of anti-discrimination practices, as well as various possible variants of solutions in the national policy regulating language rights. As a result, the effectiveness of the current system for the protection of the linguistic rights of BIP will be established, as well as the current needs of this social group concerning language guarantees, to be able to formulate possible future legal solutions (i.e. de lege feredna proposals). The planned outcome of the project will be the creation of a model for the protection of the linguistic rights necessary (minimum) for the use of language in the public sphere and the definition of indicators allowing for a transparent assessment of the degree of protection in order to demonstrate that the required standard of linguistic guarantees is met. In this way, the research project also contributes, from a language rights perspective to the critical international debate on migrants' rights to fill existing legislative gaps in this area in both international and national law.\r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n
\r\n
\r\n
\r\n \r\n \r\n Special legislation from the perspective of legal theory and philosophy of law<\/b>
\r\n \r\n Special legislation from the perspective of legal theory and philosophy of law<\/b>
\u2022 NCN Prelude no.: 2022\/45\/B\/HS5\/00919
\u2022 Implementation period: January 16, 2023 \u2013 January 15, 2026
\u2022 Project manager: Dr. Mateusz Zeifert
\u2022 Nature of the project: promoter research project
\u2022 Budget: 269 088 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n The purpose of the project: The objective of the research is to obtain scientific knowledge about the phenomenon known as \u201cspecial legislation\u201d (in Polish \u2018specustawy\u2019) and to discuss it from the perspective of legal theory and philosophy of law. This is aimed at expanding the discussion about special legislation on the international level. The project will establish the methodological and conceptual foundations for future comparative research. In particular, the following questions should be answered: 1) What statutes are referred to as \"special legislation\"? 2) What is \u201cspecial\u201d about those statutes? 3) Does the application of special legislation by courts differ from the application of ordinary statutes? 4) What are the benefits and risks of enacting special legislation? 5) How similar challenges are dealt with in other Western legal systems? 2. Planned research: The project will consist of six main stages: 1) the study of the use of the term \u201cspecial legislation\u201d (\u201cspecustawa\u201d) and related terms; 2) the analysis of legislative acts considered as special legislation; 3) the attempt to formulate a definition of the concept of special legislation and delineate its scope from other related phenomena; 4) the analysis of the application of special legislation by courts; 5) the critical analysis of special legislation in light of legal-theoretical, constitutional and legalphilosophical concepts and values; 6) the comparison between Polish special legislation (\u201cspecustawy\u201d) and similar concepts known in other legal systems. 3. Justification for the selection of the research topic: Special legislation (also: \u201cexceptional legislation\u201d, \"incidental legislation\", etc.) has been a permanent element of the Polish legal order since the beginning of the 21st century, although the rules for its creation have not been specified in any legal act, and the regulations contained therein often raise fundamental reservations on the part of legal theorists and legal practitioners. It has been playing an increasingly important role in recent years. As indicated in the literature, in some areas of law, incidental legislation has become the rule, and ordinary legislation has become the exception. At the same time, so far the research on the phenomenon of special legislation has been conducted mainly within the specific disciplines of jurisprudence (administrative law, constitutional law, etc.). There are no general or comparative studies, and in particular, there is no legal-theoretical and legal-philosophical reflection about incidental legislation. A legal definition of the concept of special legislation has not been developed. There is the lack of more extensive research into its application and interpretation. No recommendations were formulated regarding its creation, both in terms of the political process and legislative technique. In this state of affair, the proposed research fills a very important gap in Polish and global jurisprudence, and its results may, in the longer term, inspire changes in the creation and application of law.\r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n \r\n Legal instruments for air protection in Poland and the Czech Republic. Comparative Law Study <\/b>
\u2022 NCN Miniatura nr: 2023\/07\/X\/HS5\/00424
\u2022 >\u2022 Implementation period: 5 September 2023 \u2013 4 September 2024
\u2022 Project manager: dr Ewa Radecka
\u2022 Budget: 19 267 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n Taking up this research topic results from the necessity of a broader study of this matter, along with a juxtaposition of Polish and foreign (Czech) solutions. The reference to the Czech legal system stems from its geographical proximity (proximity to Poland), similar problems (post-communist state) and membership in the EU. Despite these obvious similarities, the two countries deal with air protection in completely different ways. According to reports from the European Environment Agency, the Czech Republic has better air quality than Poland (https:\/\/www.eea.europa.eu\/themes\/air\/country-fact-sheets\/2022-country-fact-sheets\/czechia-air-pollution-country). The analysis within the project will allow to determine how Poland and the Czech Republic have normalized this topic, which will be the starting point for a comparative study, which is particularly needed in order to develop an appropriate (i.e. effective and protective) model of air protection in Poland. This, in turn, will give an opportunity to answer the question whether it is expedient and possible to adapt some of the solutions known in the foreign legal system to the Polish legislation and whether this could contribute to the development of effective and efficient Polish legislation in the field of air protection, i.e. effectively protecting both this component of the environment and fauna, flora, as well as human health and life.\r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n
\r\n \r\n
\r\n The purpose of the project: The objective of the research is to obtain scientific knowledge about the phenomenon known as \u201cspecial legislation\u201d (in Polish \u2018specustawy\u2019) and to discuss it from the perspective of legal theory and philosophy of law. This is aimed at expanding the discussion about special legislation on the international level. The project will establish the methodological and conceptual foundations for future comparative research. In particular, the following questions should be answered: 1) What statutes are referred to as \"special legislation\"? 2) What is \u201cspecial\u201d about those statutes? 3) Does the application of special legislation by courts differ from the application of ordinary statutes? 4) What are the benefits and risks of enacting special legislation? 5) How similar challenges are dealt with in other Western legal systems? 2. Planned research: The project will consist of six main stages: 1) the study of the use of the term \u201cspecial legislation\u201d (\u201cspecustawa\u201d) and related terms; 2) the analysis of legislative acts considered as special legislation; 3) the attempt to formulate a definition of the concept of special legislation and delineate its scope from other related phenomena; 4) the analysis of the application of special legislation by courts; 5) the critical analysis of special legislation in light of legal-theoretical, constitutional and legalphilosophical concepts and values; 6) the comparison between Polish special legislation (\u201cspecustawy\u201d) and similar concepts known in other legal systems. 3. Justification for the selection of the research topic: Special legislation (also: \u201cexceptional legislation\u201d, \"incidental legislation\", etc.) has been a permanent element of the Polish legal order since the beginning of the 21st century, although the rules for its creation have not been specified in any legal act, and the regulations contained therein often raise fundamental reservations on the part of legal theorists and legal practitioners. It has been playing an increasingly important role in recent years. As indicated in the literature, in some areas of law, incidental legislation has become the rule, and ordinary legislation has become the exception. At the same time, so far the research on the phenomenon of special legislation has been conducted mainly within the specific disciplines of jurisprudence (administrative law, constitutional law, etc.). There are no general or comparative studies, and in particular, there is no legal-theoretical and legal-philosophical reflection about incidental legislation. A legal definition of the concept of special legislation has not been developed. There is the lack of more extensive research into its application and interpretation. No recommendations were formulated regarding its creation, both in terms of the political process and legislative technique. In this state of affair, the proposed research fills a very important gap in Polish and global jurisprudence, and its results may, in the longer term, inspire changes in the creation and application of law.\r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n
\r\n
\r\n
\r\n \r\n \r\n Legal instruments for air protection in Poland and the Czech Republic. Comparative Law Study <\/b>
\r\n \r\n Legal instruments for air protection in Poland and the Czech Republic. Comparative Law Study <\/b>
\u2022 NCN Miniatura nr: 2023\/07\/X\/HS5\/00424
\u2022 >\u2022 Implementation period: 5 September 2023 \u2013 4 September 2024
\u2022 Project manager: dr Ewa Radecka
\u2022 Budget: 19 267 PLN\r\n <\/a>\r\n <\/h5>\r\n <\/div>\r\n \r\n \r\n \r\n \r\n \r\n Taking up this research topic results from the necessity of a broader study of this matter, along with a juxtaposition of Polish and foreign (Czech) solutions. The reference to the Czech legal system stems from its geographical proximity (proximity to Poland), similar problems (post-communist state) and membership in the EU. Despite these obvious similarities, the two countries deal with air protection in completely different ways. According to reports from the European Environment Agency, the Czech Republic has better air quality than Poland (https:\/\/www.eea.europa.eu\/themes\/air\/country-fact-sheets\/2022-country-fact-sheets\/czechia-air-pollution-country). The analysis within the project will allow to determine how Poland and the Czech Republic have normalized this topic, which will be the starting point for a comparative study, which is particularly needed in order to develop an appropriate (i.e. effective and protective) model of air protection in Poland. This, in turn, will give an opportunity to answer the question whether it is expedient and possible to adapt some of the solutions known in the foreign legal system to the Polish legislation and whether this could contribute to the development of effective and efficient Polish legislation in the field of air protection, i.e. effectively protecting both this component of the environment and fauna, flora, as well as human health and life.\r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n
\r\n \r\n
\r\n Taking up this research topic results from the necessity of a broader study of this matter, along with a juxtaposition of Polish and foreign (Czech) solutions. The reference to the Czech legal system stems from its geographical proximity (proximity to Poland), similar problems (post-communist state) and membership in the EU. Despite these obvious similarities, the two countries deal with air protection in completely different ways. According to reports from the European Environment Agency, the Czech Republic has better air quality than Poland (https:\/\/www.eea.europa.eu\/themes\/air\/country-fact-sheets\/2022-country-fact-sheets\/czechia-air-pollution-country). The analysis within the project will allow to determine how Poland and the Czech Republic have normalized this topic, which will be the starting point for a comparative study, which is particularly needed in order to develop an appropriate (i.e. effective and protective) model of air protection in Poland. This, in turn, will give an opportunity to answer the question whether it is expedient and possible to adapt some of the solutions known in the foreign legal system to the Polish legislation and whether this could contribute to the development of effective and efficient Polish legislation in the field of air protection, i.e. effectively protecting both this component of the environment and fauna, flora, as well as human health and life.\r\n <\/div>\r\n \r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n \r\n