http://hdl.handle.net/11089/1116 Wed, 08 Apr 2026 23:02:04 GMT 2026-04-08T23:02:04Z http://hdl.handle.net/11089/57762 Przestępstwo niealimentacji w polskim prawie karnym. Zasadność utrzymywania karalności w art. 209 k.k. Koczy, Nikola This doctoral dissertation examines the legitimacy, proportionality, and necessity of maintaining criminal liability for non-alimony under Article 209 of the Polish Criminal Code. It analyzes the legal, constitutional, and social dimensions of penalizing the failure to fulfill alimony obligations, particularly in light of the 2017 amendment, which expanded the scope of criminal liability. The main objective is to assess whether criminal sanctions remain a justified and effective instrument for enforcing alimony obligations in the context of the constitutional principle of proportionality. The study employs a formal-dogmatic method, supplemented by historical, statistical, and sociological analyses, including an evaluation of legislative developments, case data, and public attitudes. The findings indicate that, despite the scale and social significance of non-alimony, the effectiveness of criminal law in ensuring compliance is limited. Penal measures may fail to achieve their preventive function and can negatively affect the debtor’s capacity to fulfill financial obligations, particularly in cases involving imprisonment. The dissertation also highlights the role of non-penal mechanisms, such as civil enforcement and administrative instruments, which may provide more effective and proportionate solutions, consistent with the principle of criminal law as ultima ratio. It concludes that the continued criminalization of non-alimony raises serious concerns regarding proportionality and effectiveness, and calls for a reconsideration of current legal policy in favor of less restrictive enforcement measures. Wed, 01 Jan 2025 00:00:00 GMT http://hdl.handle.net/11089/57762 2025-01-01T00:00:00Z http://hdl.handle.net/11089/57735 Indicators and the international protection of health-related human rights. A study of the World Health Organization’s practices during the COVID-19 pandemic Byczyński, Michał The dissertation examines the role of indicators in shaping the interpretation and implementation of health-related human rights, with particular emphasis on the practice of the World Health Organization in the context of COVID-19. The crisis exposed structural weaknesses of global health governance, reflected in fragmented state responses and the limited capacity of international institutions to ensure coordinated action. Although formally mandated to provide leadership, the WHO operated under significant political and financial constraints, which reduced its ability to secure compliance with its recommendations. As a result, the Organization increasingly relied on various regulatory instruments, including guidelines, expert assessments and indicators, in order to steer state behaviour. The study investigates whether indicators function merely as interpretative tools or whether they actively shape the substance and application of legal obligations. Given the inherent indeterminacy of health-related human rights, indicators are analysed as instruments capable of translating abstract legal standards into measurable expectations. However, their use raises concerns regarding simplification and selectivity. Indicators are thus situated at the intersection of law and governance, demonstrating their dual legal and epistemic effects.The findings suggest that indicators not only influence compliance assessment but also shape the understanding of obligations themselves. Ultimately, the dissertation argues that indicators have a constitutive role in contemporary international law, while emphasizing the need for their critical and responsible use to ensure that quantification supports, rather than distorts, the realisation of human rights. Wed, 01 Jan 2025 00:00:00 GMT http://hdl.handle.net/11089/57735 2025-01-01T00:00:00Z http://hdl.handle.net/11089/57574 Zasada realnego wykonania zamówienia publicznego Drozdowicz, Michał This dissertation explores legal solutions in the fields of public procurement law and the law of obligations relating to the principle of specific performance of a public procurement contract. The dissertation verifies three theses. Firstly, within the context of public procurement law, the principle of specific performance of a public procurement contract, resulting from the application of Article 354 of the Civil Code, is oriented towards the satisfaction of collective (public) needs. 2) This principle is subject to stricter requirements in public procurement law through numerous normative solutions and their appropriate interpretation; each solution is focused on the purpose of the purchased services, supplies, and construction works. The obligation of specific performance of obligations in the sphere of public procurement contracts is subject to safeguards due to the limitation of the contracting authority's autonomy and the contractual freedom of the parties because of numerous mandatory and semi-mandatory provisions. Important obligations under public law include the analysis of the contracting authority's needs and requirements, the adequate description and proper estimation of the subject of a public procurement contract, the duty to pursue claims to which the contracting authority is entitled, and the preparation of a report on the performance of a public procurement contract. Wed, 01 Jan 2025 00:00:00 GMT http://hdl.handle.net/11089/57574 2025-01-01T00:00:00Z http://hdl.handle.net/11089/57287 Model postępowania przygotowawczego w polskim procesie karnym Brzezowski, Łukasz The model of preparatory proceedings in Polish criminal law in a comparative legal context has not yet been the subject of a comprehensive study based on the current Code of Criminal Procedure. The research thesis adopted in the study is that polish criminal proceedings, in terms of preparatory proceedings regulation, are inconsistent both internally and in relation to an objective standard. The hypothesis of the study is the assumption that the model of preparatory proceedings in Polish criminal law exhibits certain inconsistencies. Until now, preparatory proceedings models have been described as concrete systems, such as the french or german models. This study will aim, through the use of the comparative method, to reconstruct a model of preparatory proceedings in abstracto. It will be developed based on the identification of model features found in the most representative models within the civil law tradition.After identifying the model features of the most representative legal systems, a reconstruction of the abstract model of preparatory proceedings will be undertaken, combining selected solutions. Subsequently, having obtained this theoretical model, the preparatory proceedings in the polish Code of Criminal Procedure will be described using formal-dogmatic methods. To ultimately answer the main question, the polish model will be compared to the abstract model. Only this comparison will provide the answer to what the model of preparatory proceedings in the Polish Code of Criminal Procedure is and whether it is consistent. This offers a metadogmatic perspective, as the question is not about what kind of model arises from the provisions but rather what model emerges when compared to another (abstract) model. Wed, 01 Jan 2025 00:00:00 GMT http://hdl.handle.net/11089/57287 2025-01-01T00:00:00Z