Abstracts
Justyna Adrianna Ożóg
The principle of equal treatment of workersin the European Union. Rights and duties of persons taking the opportunity of free mobility of labour within the European Union Member States
The subject of this article is the analysis of the principle of equal treatment of workers in the European Union and the description and significance of the rights and duties arising due to the opportunity of free mobility of labour.
Dagmara Choraś
Legal guarantees of equality between men and women in the labour market
The main objective of the article is to present the situation of women in the labour market from the perspective of socio-economic aspects and the binding legal provisionsensuring equal rights of women and men in the labour market, mainly from the perspective of the European Union laws. Due to the limited extent of the present paper, the regulations of the Polish law were omitted. Therefore, it will be, first of all, the dogmatic analysis showing which norms are the legally binding ones in the given legal system at present and what is, in accordance with it, the situation of entities for who these norms are directed. The paper also brings up the issues dealing with equality in the labour market, especially concerning equal pay for work of the same quality, equal access to employment and the discrimination phenomenon in the areas mentioned above.
Marcin Skinder, Martyna Damska
Burden of proof in discrimination cases in the light of the European Union regulationsand the judgements of the Court of Justice of the European Union
The present article was dedicated to the problems of the burden of proof in discrimination cases in the light of the European Union regulations and the judgements of the Court of Justice of the European Union. The burden of proof in discrimination cases is presented in a different way than in other civil cases. The special nature of evidence proceedings is justified by providing effective protection of the rights of the aggrieved party in court because it is not the plaintiff but the defendant on whom lies the responsibility for the burden of proof. The present article also discusses the principle of non-discrimination referring to the principle of equality.
Szymon Domek
Burden of proof in cases concerning unequal treatment – implementation problems
The article discusses the issue of equal rights in the European Union laws and the burden of proof in proceedings instituted as a result of an infringement of the principle of equality. The author of the article mainly focuses on the issue of regulating the burden of proof in a different way than the one which exists in the Polish law and civil proceedings. The paper alsoassesses the regulations and highlights the implementation problems related to the divergence between European regulations concerning the burden of proof in proceedings dealing with discrimination and the established Polish legislation and judicature in this respect.
Maciej Górecki
Eastern partnership as the realization of the equality policy of subjects in the international dimension
The article is an attempt to answer the question if the Eastern partnership is the ‘real strength’ through which The European Union realizes its eastern policy or ‘The Polish dream’, thanks to which Warsaw can be more effective in achieving its personal objectives in contacts with Ukraine, Belorussia, Georgia, Moldova, Azerbaijan and Armenia. In order to answer the question fully, the author defines the need of the Eastern Partnership from the perspective of the Polish reason of state, defines the nature of the project and also classifies its advantages and disadvantages.
Grzegorz Libor
French egalitarianism versus women’s fight for the vote
The aim of the present article is an attempt to present the history of aspirations of the female part of the French society to obtain the right to vote. Granting political rights to women in France took place only after the decree with the legal validity of the ruling by de Gaulle from 1944. It was the consequence of World War I and II. The significant role was also played by the changes in the following years. Subsequent years and votes explicitly showed the difference between voting theory and practice. Small percentage of women in both chambers of the Parliament became the basis for formulating further political demands. This was the beginning of the discussion about the parity, which was finally introduced in 2000.
Mariusz Burkacki
The European Union support concerning the activities promoting equality between women and men
The article below deals with the difficult subject of equality between women and men within the legally binding European Union law. Summing up the history of the activities, it presents the main legal solutions concerning all the Community which arose as a result of its development. It comes closer to the main activities of the European Union regarding adjusting the law to the existing social and civil conditions. It outlines the reality, current problems as well as the EU challenges concerning the discussed problems.
Mikołaj Gębka
The position of father in the process of procreation – the road to equality or the risk of discrimination?
The issues mentioned above show that on one hand the father’s participation in the process of procreation may increase and due to it may be closer to mother’s participation to some extent. However, while dealing with problems or a crisis situation, although they are not very common, it is easy to find limitations which touch or may potentially touch the father. They can make him the parent of the second category, especially when it concerns taking the decision about producing children (practising contraception) or giving a child the right to live (abortion). Therefore, the answer to the question asked in the title is not unequivocal. Indeed, we can be glad with the increasing engagement of fathers (especially concerning performing tasks) but we should not forget about the factors eliminating or restrictingfather’s participation in the process of procreation (as far as decision taking is concerned).
Marek Rewizorski
Legislation prohibiting discrimination in the labour market in the European Union
The present article ponders the subject of provisions in the EU legislation which aim at counteracting all signs of discrimination in the field of employment. Combating this phenomenon is the underlying reason for the legal order of the Union, founded on the common values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities. Discrimination is a phenomenon which undermines these shared values.This conviction is present in Article 3 of The Treaty on the European Union and in Article 8 of The Treaty on the Functioning of the European Union, which introduce promoting equality between women and men as one of the fundamental objectives of the European Union. Combating discrimination facilitates obtaining equality by removing all limitations concerning national status, sex, race, ethnic origin, religion, relief, disability, age or sexual orientation. Equal opportunities between women and men in the labour market are gradually levelled off, which in the times of financial crisis in Europeis an action of no small importance. However, despite more emphasis put on counteracting discrimination in the European Union, there is still a lot that needs to be done. The legally binding provisions in the acts of primary and secondary law requirebeing updated in accordance with the principle that law should follow the social imperatives. This conviction was met by the undertaken in 2007 works on the new anti-discrimination directive.
Grzegorz Libor
French egalitarianism versus women’s fight for the vote
The aim of the present article is an attempt to present the history of aspirations of the female part of the French society to obtain the right to vote. Granting political rights to women in France took place only after the decree with the legal validity of the ruling by de Gaulle from 1944. It was the consequence of World War I and II. The significant role was also played by the changes in the following years. Subsequent years and votes explicitly showed the difference between voting theory and practice. Small percentage of women in both chambers of the Parliament became the basis for formulating further political demands. This was the beginning of the discussion about the parity, which was finally introduced in 2000.
Izabela Oleksiewicz
The counter – terrorism policy of the European Union as a form of human rights protection
The article analyses the impact of terrorism on the sphere of human rights and freedoms in the modern world. What is more, it presents the changes contained in the Lisbon Treaty about the counter-terrorism policy and it analyses the definition of an act of terrorism on the basis of the EU law. The author also suggests the proposals for the change of direction in the EU legislation in the field of counter-terrorism policy.
Agata Ludera- Ruszel
The Act of 29 October 2010 on the Implementation of Certain Provisions of the European Union in the Field of Equal Treatment on the example of Polish implementation of the European Union equality policy
The equality policy constitutes one of the major areas of increasing integration within the European Union. The accession of Poland to the European Union on 1 May 2004 made it necessary to introduce a number of legislative changes adopting the Polish legal system to the European Union requirements concerning the policy of promoting equity and combating discrimination. The article presents the actions presented by Poland in the field of the Union policy of equality on the basis of The Act of 29 October on The Implementation of Certain Provisions of the European Union in the Field of Equal Treatment.
Arleta Terpiłowska-Dworczak
Gender equality in the European Union from the perspective of the principle of equal pay for male and female workers
Equal treatment of women and men is one of the conditions of obtaining social unity objectives in the European Union. The EU supports the governments of the Member States by making legal provisions which are to facilitate the realization of anti-discrimination policy. The present paper deals with the problems concerning counteracting and combating all forms of gender discrimination with particular emphasis put on pay disproportions between women and men. The material was enriched by the results of research on pay inequality in the European Union.
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