http://hdl.handle.net/11320/12466 2026-06-01T18:28:25Z http://hdl.handle.net/11320/12482 Tytuł: Has the CJEU Made the First Step to Put a Stop to the Criminalisation of Migration? Commentary to the Judgement in the Case of JZ in the Context of the COVID-19 Pandemic Autorzy: Kosińska, Anna Magdalena Abstrakt: The paper presents a critical discussion of the CJEU judgment in the JZ case (C 806/18), in which the Court interpreted Article 11 of Directive 2008/115 that regulates entry ban issuance. The author asks a question of whether an entry ban as a measure limiting the right to free movement has a moral and legal ground in international law and EU law. Moreover, the author focuses on the problem of the criminalisation of irregular migration – both in the context of the established line of the Court’s case law and in the case of a vague national law standard that penalizes illegal stays – the possibility to apply the criminal law concept of error in law and thus exclusion of criminal liability of an illegal migrant. 2021-01-01T00:00:00Z http://hdl.handle.net/11320/12481 Tytuł: Wprowadzenie art. 276a k.p.k. jako wynik wpływu pandemii SARS-CoV–2 na proces karny Autorzy: Niegierewicz-Biernacka, Adrianna Abstrakt: One of the consequences of the coronavirus pandemic (SARS-CoV–2) in the context of the impact on the Polish criminal trial was the introduction to the Code of Criminal Procedure of a new preventive measure related to the protection of medical personnel, specified in the new editorial unit – Art. 276a of the CCP. This measure was introduced by the Act of March 31, 2020, amending the Act on special solutions related to the prevention, counteraction, and combating of COVID-19, other infectious diseases and the crisis situations caused by them, and some other acts, and is a novelty in the Polish criminal procedure. The purpose of this article is to investigate a new preventive measure defined in Art. 276a of the Code of Criminal Procedure in terms of the legitimacy of its introduction to the Polish Code of Criminal Procedure. Three research problems will be analysed. The first concerns the extent to which the introduction of the new preventive measure under Art. 276a of the Code of Criminal Procedure was necessary in terms of the need to provide special protection to medical personnel in Poland. The second research problem concerns the extent to which the application of the new preventive measure under Art. 276a of the Code of Criminal Procedure corresponds to the assumptions of the Polish legislator and what is the ratio legis of the analysed regulation. The third research problem boils down to the extent to which the amendment to Art. 276a of the Code of Criminal Procedure corresponds to the rules of legislative technique. 2021-01-01T00:00:00Z http://hdl.handle.net/11320/12480 Tytuł: Conflicts of Doctor’s Duties in the Case of an Extreme Shortage of Intensive Care Beds and the Good Samaritan Clause from the Perspective of Criminal Law Autorzy: Romańczuk-Grącka, Marta Abstrakt: The Covid-19 pandemic has exposed many weaknesses of healthcare systems. An example of a crisis situation is the case of a doctor who has to make a decision about qualifying a patient with COVID-19 for an intensive care bed when there are not enough such beds and when, out of the many obligations to save lives, he can choose and fulfil only one. The aim of this paper is to analyse the criteria of establishing the priority in access to intensive care, to settle the conflict of obligations in regard to criminal liability, with respect to Art. 26 § 5 of the Polish penal code regarding the doctor’s decision to provide, or to not provide, healthcare services including intensive care given the extreme shortage of the beds, to determine the scope of legal safety guarantees laid down in the good Samaritan clause and the relationship between the conflict of duties and the clause. The work is theoretical with the use of a formal-dogmatic and functional analysis of Polish criminal law. 2021-01-01T00:00:00Z http://hdl.handle.net/11320/12479 Tytuł: I Will Kill You and Nothing Will Happen: Extra-Judicial Killings in Nigeria and Public Interest Litigation Autorzy: Odunaike, Dorcas A.; Lalude, Olalekan Moyosore; Odusanya, Temitope Omotola Abstrakt: Public interest litigation is a mechanism of intervention in a matter that concerns the public. It could be about human rights, government policy, or some other issue that could present a challenge to public life. Public interest litigation is important because it presents hope to the powerless and offers justice where there might not previously have been the opportunity. The aim of public interest litigation is to recognise injustice and give a voice to the concerns of members of society who might not have the means to articulate them. In Nigeria there is a high tendency for people of low socioeconomic status to experience police brutality, or even become victims of extra-judicial killing. In this article, it was argued that although public interest litigation is a good strategy to engage the injustice of extra-judicial killings, the recurrence shows that the solution lies more in addressing a systemic problem. 2021-01-01T00:00:00Z