PHRP

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:

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;
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.);
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;
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

Previous conferences

BOOKLET

REGISTRATION FORM

First name(Required)

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Institution / Organization(Required)

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Rules of participation in the international scientific conference(Required)

§ 1. General provisions
1. These Regulations lay down the rules for the recruitment of participants and their participation in the International Interdisciplinary Conference “International Scientific Conference entitled “Polish- Hungarian Research Platform” [hereinafter referred to as the Conference] implemented by the Organizer.
2. The aim of the conference is to gather experts in the field of legal sciences to analysis the issue related to the topic of the Conference.
3. the conference will be held in a hybrid or remote format (depending on applicable epidemiological and sanitary restrictions) December 9-10, 2021. 10:00 - 18:00 Polish time (UTC + 01: 00).
4. Information about the Conference is available on the website www.iws.gov.pl
5. The conference will be recorded by the Organizer. The recording will be made public by the Organizer, in particular on the website.

§ 2. Glossary of terms
1. Organizer – Instytut Wymiaru Sprawiedliwości, ul. Krakowskie Przedmieście 25, 00-071 Warszawa, Polska.
2. Participant of the Conference:
a) Active Participant of the Conference - Conference Participant who give lecture during the event,
b) Passive Participant of the Conference - a Participant of the Conference who takes part in the Conference and who does not give lectures during it.
3. Conference – "International Scientific Conference entitled “Polish-Hungarian Research Platform”
4. Project coordinator – Ewa Płocha

§ 3. Rules for take part in Conference of Passive Conference Participants
The Conference is addressed to all adults, interested in the subject of the Conference and participation in the Conference on the terms described in these Regulations.

§ 4. Rights and obligations of the Conference Participants
1. Conference participants have the right to:
• free participation in the Conference,
2. The conference participant is obliged to:
• read these Regulations, and participation in the Conference is tantamount to acceptance of its provisions and its attachments,
• obtaining the consent of Organizer to record speeches and discussions during the Conference in the form of audio, visual or audio-visual recordings,
• consent to the processing of personal data and image of the Conference Participant by the Organizer as part of the Conference.

§ 5. Rights and obligations of the Organizer
The Organizer reserves the right to:
• request the submission of additional documents and statements related to the participation of the participant in the Conference,
• collecting and publishing data about the Conference participants in accordance with the applicable provisions on the protection and processing of personal data,
• for important reasons, change the dates of the Conference or the form of its organization.

§ 6. Final provisions
1. In matters not covered by these Regulations, the provisions of law applicable in the territory of the Republic of Poland.
2. The organizer has the right to change the Regulations at any time. Participants are required to accept the changes made to the Regulations. Failure to do so may result in excluding the Participant from participation in the Conference.
3. All Conference Participants are obliged to accept the Regulations and observe its provisions.
4. The Organizer have the right to make a binding interpretation of the provisions of the Regulations of the Conference and to settle disputes related to its application.

Consent to the processing of personal data(Required)

I consent to the processing of my personal data voluntarily provided by me by the Institute of Justice based in Warsaw, 25 Krakowskie Przedmieście Street, for the purpose of recruitment and participation in the `International Scientific Conference entitled “Polish-Hungarian Research Platform”.
The consent also includes the authorisation to transfer the data made available by me for recruitment and organisation purposes to entities entrusted by the Institute of Justice with the performance of the activities related to the conduct of the afored conference.

I declare that all the data I have provided is in accordance with the facts.

I have been informed of the right to withdraw said consent to the processing of personal data at any time, and that the withdrawal of consent does not affect the lawfulness of processing based on consent before its withdrawal.

Information Clause(Required)

In accordance with Article 13 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 04.05.2016, p. 1),
hereinafter referred to as ‘GDPR’, the Institute of Justice informs that:

1. The controller of personal data within the meaning of Art. 4.7 of the GDPR shall be the Institute of Justice with its registered office at 25 Krakowskie Przedmiescie Street, 00-071 Warsaw. The administrator can also be contacted by phone: 22 826 03 63 or by e-mail: iws@iws.gov.pl.
2. The Data Protection Officer shall be Łukasz Boryczka, e-mail: lukasz.boryczka@iws.gov.pl
3. Personal data shall be processed by the administrator for the purpose of:
1) organising and conducting the International Scientific Conference entitled "Polish-Hungarian Research Platform”, to be held on 9-10 December 2021, in accordance with Article 6(1)(a) of the GDPR;
1) fulfill the obligations incummtent on the administrator under the provisions of the generally applicable, in accordance with Article 6(1)(c) of the GDPR.
1. Personal data may be made available to entities authorized to receive them under provisions of law or contract.
2. The data will be processed for the period necessary to organise and conduct the ` International Scientific Conference entitled “Polish-Hungarian Research Platform”, and then until the legal obligation to keep data expires.
3. The data subject shall have the right to:
(1) access the content of their personal data and request their rectification or erasure in accordance with the principles set out in Articles 15-17 of the GDPR;
(2) restrict the processing of personal data in the cases referred to in Article 18 of the GDPR;
(3) transfer their personal data in accordance with the principles set out in Article 20 of the GDPR, i.e. to receive their personal data from the controller in a structured, commonly used and machine-readable format;
(4) withdraw consent at any time without affecting the lawfulness of processing based on consent given prior to its withdrawal;
(5) lodge a complaint with the President of the Personal Data Protection Office (address: 2 Stawki Street, 00-193, Warsaw).
4. In order to exercise the rights referred to in Item 6(1-4), contact the controller or the data protection officer using the contact details provided above.
5. Providing data is voluntary, but necessary to take part in the conference. The refusal to provide data prevents participation in the International Scientific Conference entitled "Polish-Hungarian Research Platform"
6. The conference is organized using Zoom Video Communication Inc. (Zoom). The communication is encrypted in TLS 256 bit standardize all the way from participant to participant (end - to - end encryption). Zoom has no access to the content of the communication. The conference is recorded and stored in the EU. Zoom ensures that it has no access to the recordings because the data "at rest" is also encrypted. Zoom sends telemetry data (i.e., where the user is connecting from, how much data they are sending, what commands they are giving to the service) and basic user data (that which the user entered themselves into Zoom when registering for the meeting) to the US. Zoom ensures compliance with RODO for such data transfer. For more information: https://zoom.us/gdpr.

Statement of consent for the fixation and use of the image and voice(Required)

In connection with my participation in the Conference entitled “International Scientific Conference entitled "Polish- Hungarian Research Platform", which will take place on December 9-10, 2021 in a hybrid form via a video communicator (‘Zoom’) I declare that, I agree to record my image and voice free of charge by the Institute of Justice in Warsaw, 25 Krakowskie Przedmieście Street, 00-071 Warszawa, during the above-called conference in any way, in particular in the form of audio-video recording and photographic photos, and for free, unlimited in time and territorial processing and use of my image and voice recorded in traditional form (e.g. publications, brochures, posters, catalogs, folders, or press materials) and electronic (video reports and websites, in particular official website of Institute of Justice in Warsaw) for the purpose of promoting the above-called event and disseminating its results and archiving project documentation.

In addition, I declare that my consent includes recording, reproduction, processing, use and dissemination of the image and voice by any technique and through any medium for the needs related to the above-mentioned purposes. In order to achieve these goals, I additionally agree to the transfer of this consent and rights related to it also to third parties, which is also free of charge.

The statement was made voluntarily.

CONTACT

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

Institute of Justice
Krakowskie Przedmieście 25
00-071 Warsaw

ABOUT

Project goals:

AGENDA

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

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

Procedural and substantive limitations on constitutional amendments: theory and practice

COFFEE BREAK

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

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

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

COFFEE BREAK

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

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

Family law – conclusions de lege ferenda

LUNCH BREAK

Rule of Law as a Measure of Self-Disciplining?

Summary: constitutionality and rule of law

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

Discussion and conclusions of the conference

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

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

The results of the research assignment

COFFEE BREAK

Conclusions from the research on judicial powers over administrative actions

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

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

COFFEE BREAK

Between statistics and fair judgment

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

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

LUNCH BREAK

Efficiency requirement in civil justice reform: possibilities and limits

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

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

Discussion and conclusions of the conference

Previous conferences

BOOKLET

REGISTRATION FORM

CONTACT

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