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ABOUT

An international research project entitled ‘The Polish-Hungarian Research Platform’ is used to conduct in-depth analyses of the amendment to the constitution, the rule of law, the reform of the administrative judiciary and the effectiveness of the judiciary. The proposed partner of the project is the Ferenc Mádl Institute of Comparative Law.

The proposed project aims to conduct research and activities aimed at analyzing: the character of legislative process adopted to amend the Constitution (in the light of the European intergation and constitutional identity); the rule of law; the reform of administrative judiciary; effectiveness of the judiciary. Apart from that the research project comprises of publishing at least 4 peer-reviewed scientific monographs; organizing at least 7 monthly international scientific conferences and an international scientific conference at the end of the project. The research conducted as a part of this project should lead to the stimulation of an in-depth, and at the same time broad, in terms of the audience, discussion correlating with the title issues.
For this reason, it is important that design products are promoted appropriately. Additionally, the analysis of the above-mentioned research should lead to the development of a number of de lege ferenda postulates for the Polish, Hungarian and international legislator. The obtained results should be applicable both in theory and practice of law.

Project goals:

  1. The Character of Legislative Process Adopted to Amend the Constitution (in the light of the European intergation and constitutional identity): The aim is to understand the mechanisms and factors influencing the process of changing the constitution in a democratic state ruled by law;
  2. The Rule of Law: The aim is to define the correct understanding of the concept of the rule of law (rationale, assessment, implementation, correlation of the state of law with the rule of law of the EU etc.);
  3. The Reform of the Administrative Judiciary: The aim is to learn about the new mechanisms, structure and organization as well as the functioning of the administrative judiciary for the fair conduct of court proceedings;
  4. The Effectiveness of Justice: The aim is to examine the effectiveness, i.e. efficiency, duration and complexity of cases heard in courts. The above goals are only inspirations, their specification depends on the Research Team Leaders.

AGENDA

‘Polish-Hungarian Research Platform 2021’ December 9–10, 2021

International law defines international crimes and principles of criminal responsibility for participating in their commission. However, the details concerning penalization of international crimes and subsequent prosecution of perpetrators are left to states. The states do not always follow international law in shaping and implementing their national legislation, as they want to recognize the specificity of the circumstances of place and time. Deviations from the notions/principles adopted in international law can result in diplomatic crises or in proceedings before human rights bodies. The aim of the conference organized by the Institute of Justice is to contemplate the following questions:

Inaugural Session

09.30–10.20 CET

First Day – 9th December, 2021
Welcome and Inaugural Speeches

09:00–09:10

Dr hab. Marcin Wielec Head of the Institute of Justice in Warsaw

09:10–09:20

Dr Marcin Romanowski Undersecretary of State at Ministry of Justice

09:20–09:30

Prof. dr. habil. Ede János Szilágyi Head of Ferenc Mádl Institute for Comparative Law

09:30–09:40

M.Sc. Bartłomiej Oręziak Coordinator of the Center for Strategic Analyzes at Institute of Justice in Warsaw

Session 1

09.40–11.50 CET

RESEARCH TEAM NO. 1 ‘The Character of Legislative Process Adopted to Amend the Constitution
(in the light of the European integration and constitutional identity)’

The Amendments to the Constitution towards the challenges of European integration and constitutional identity

09:40–10:00

Prof. dr. Balázs Schanda Faculty of Law and Political Sciences at the Péter Pázmány Catholic University

From national and cultural identity to a constitutional identity. (How) can we uphold the values our constitution stands for?

10:00–10:20

Dr. András Mázi PhD Ministry of Justice in Hungary

Procedural and substantive limitations on constitutional amendments: theory and practice

10:20–10:50

COFFEE BREAK

10:50–11:10

Dr hab. Aleksandra Syryt Faculty of Law and Administration of the Cardinal Stefan Wyszynski University in Warsaw

The directions and limits of the amendments to the Constitutional System of Public Authorities:
between integration and sovereignty

11:10–11:30

Dr hab. Marta Osuchowska Faculty of Law and Administration of the Cardinal Stefan Wyszynski University in Warsaw

The direction of amendments in the catalogue of constitutional principles of the political, social and economic system and solutions on the status of an individual in the state: between constitutional identity and European integration

11:30–11:50

Dr hab. Konrad Walczuk Law Institute at War Studies University

The directions of amendments in the constitutional system of the sources of law: between primacy of the constitution and the principle of supremacy of the law of the European Union

11:50–12:20

COFFEE BREAK

Session 2

12.20–15.40 CET

RESEARCH TEAM NO. 2 ‘The Rule of Law’
The rule of law in a uniting Europe: what was, what is, what can be

12:20–12:40

Dr hab. Grzegorz Pastuszko Faculty of Law and Administration at University of Rzeszów

The rule of law of the EU and the Polish constitutional order – summary remarks

12:40–13:00

Dr hab. Barbara Janusz-Pohl Faculty of Law and Administration at the Adam Mickiewicz University in Poznan

Mutual Recognition of Judicial Decisions in Criminal Matters in Relation to the Rule of Law Concepts – example of the EAW execution refusal

13:00–13:20

Dr hab. Marzena Toumi Law Institute at War Studies University

Family law – conclusions de lege ferenda

13:20–14:20

LUNCH BREAK

14:20–14:40

Prof. Dr. Csaba Varga DSc Institute for Legal Studies of the Hungarian Academy of Sciences

Rule of Law as a Measure of Self-Disciplining?

14:40–15:00

Prof. Dr. Csaba Cservák Faculty of Law of the Károli Gáspár University of the Reformed Church in Hungary

Summary: constitutionality and rule of law

15:00–15:20

Prof. Dr. Ádám Rixer Faculty of Law of the Károli Gáspár University of the Reformed Church in Hungary

Separation of powers through the relationship between public administration and civil society

15:20–15:40

Discussion and conclusions of the conference

Inaugural Session

09.00–09.10 CET

Second Day – 10th December, 2021
Welcome and Inaugural Speeches

09:00–09:10

Dr hab. Marcin Wielec Head of the Institute of Justice in Warsaw

Session 3

09.10–11.40 CET

RESEARCH TEAM NO. 3 ‘The Reform of the Administrative Judiciary’
Traditions to the future: de lege ferenda comments regarding administrative justice

09:10–09:30

Prof. Dr. András Patyi Faculty of Public Governance and International Studies at University of Public Service

Is the system of precedent conceivable in the administrative judiciary of a continental legal system?

09:30–09:50

Dr. Írisz E. Horváth PhD Faculty of Law and Political Sciences at the Péter Pázmány Catholic University

Principles of procedure in the service of the effective legal protection in administrative proceedings – Summary

09:50–10:10

Dr. Noémi Suri PhD Ferenc Mádl Institute of Comparative Law

The results of the research assignment

10:10–10:40

COFFEE BREAK

10:40–11:00

Dr hab. Przemysław Ostojski Higher School of Justice

Conclusions from the research on judicial powers over administrative actions

11:00–11:20

Dr Mateusz Pszczyński Faculty of Law and Administration at Opole University

Presentation of research results: Digitalization and Automation of Administrative Justice in Poland

11:20–11:40

Dr Rafał Wielki Faculty of Law and Administration at Opole University

The reform of the administrative judiciary in the field of evidence – de lege lata comments and de lege ferenda postulates

11:40–12:10

COFFEE BREAK

Session 4

12.10–15.30 CET

RESEARCH TEAM NO. 4 ‘The Effectiveness of Justice’
Towards a proper understanding of the effectiveness of justice. Proposals for changes for the future

12:10–12:30

Prof. Artur Mezglewski Law Institute at War Studies University

Between statistics and fair judgment

12:50–13:10

Dr hab. Anna Tunia Faculty of Law, Canon Law and Administration at The John Paul II Catholic University of Lublin

Implementation of the principle of adversarial and open court proceedings as a determinant of an effective and fair trial

12:30–12:50

Dr Marcin Rau Faculty of Law and Administration of the Cardinal Stefan Wyszynski University in Warsaw

Towards a cognitive approach in understanding and utilizing the human element in criminal justice

13:10–14:10

LUNCH BREAK

14:10–14:30

Prof. Dr. Emőd Veress Institute of Law of Sapientia Hungarian University of Transylvania

Efficiency requirement in civil justice reform: possibilities and limits

14:30–14:50

Dr. Erika Csemáné Váradi PhD Faculty of Law at University of Miskolc

The possibilities of prevention-focused criminal justice in the individualized society of the 21st century

14:50–15:10

Dr. Katarzyna Zombory PhD Ferenc Mádl Institute of Comparative Law

The right to an effective remedy: a key element for the effectiveness of the ECHR human rights system

15:10–15:30

Discussion and conclusions of the conference

BOOKLET

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CONTACT

Klaudia Łuniewska, klaudia.luniewska@iws.gov.pl

Institute of Justice
Krakowskie Przedmieście 25
00-071 Warsaw