| Budget Amount *help |
¥2,400,000 (Direct Cost: ¥2,400,000)
Fiscal Year 2006: ¥700,000 (Direct Cost: ¥700,000)
Fiscal Year 2005: ¥800,000 (Direct Cost: ¥800,000)
Fiscal Year 2004: ¥900,000 (Direct Cost: ¥900,000)
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| Research Abstract |
(1)Three types of relationships between the influencing side (international elements) and the influenced one in the process of formation of legal system in the post-socialist countries, were extracted; (1)type of realization of supranational legal community membership, (2)type of conditionarities in financial supports and (3)type of intellectual exchange. On the basis of such a typology, similarities and differences between Poland and Russia were examined.
(2)As case studies of each type, Council of Europe and European Court of Human Rights (type(1)), pension reforms (type(2)) and so-called "percent law" (type(3)) examined in case of Poland.
(3)As to a type of realization of supranational legal community membership, the problem of EU accession of Poland was examined in detail as its typical case. Special attention was paid to constitutional issues which were given rise to in the process of this accession and the decisions of Constitutional Tribunal on these issues were examined. Discours around Treaty for European Constitution as the first case, in which Poland stood on the reverse, influencing side to European law as a member country.
(4)The analytical model of restructuring of legal system and typology of international influences, presented in this project on the bases of Polish and Russian cases, can be used as a benchmark in analysing "legal assistance" in Asia in comparison with experiences in Europe.
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