Department of Theory of Law and State
Staff structure:
Dr. hab. Aleksandra Kustra-Rogatka, prof. UMK – Head of the Department
Dr. hab. Milena Korycka-Zirk, prof. UMK – University Professor
Dr. hab. Karol Dobrzeniecki, prof. UMK – University Professor
Dr. Agata Czarnecka – assistant professor
Dr. hab. Marcin Kilanowski, prof. UMK – University Professor
Individual scientific fields of research:
Dr. hab. Aleksandra Kustra-Rogatka, prof. UMK
e-mail: a_kustra@umk.pl
Academic interests:
The key area concerns the relations between constitutional law and the law of European integration. This thematic field covers such issues as: the constitutional rules that enable and establish conditions for a country’s membership in the EU, legal pluralism or the role of constitutional courts in the EU. Additionally, the problems of judicial review, transitional justice, global constitutionalism, legal interpretation and crisis of liberal democracy are under research.
(A detailed list of publication is available on the Polish website of the scholar)
Participation in international research grants:
the research project Security in V4 Constitutions and Political Practices (the International Visegrad Fund) resulting in preparation of a report on national security categories within the System of the Council of Europe, with the particular focus on the case law of the European Court of Human Rights.
Dr. hab. Milena Korycka-Zirk, prof. UMK
email: korycka@umk.pl
Main research projects:
The field of scientific interest had been determined by two crucial factors: the significance of analytical method and logic in scrutinizing law and the need of practical insight into the terminological and constructional achievements of theory of law. In general there are such currents of as: the issue of constitutional review of law, formal reasoning in jurisprudence and philosophical implications for the test of the principle of proportionality. Due attention is has been given to the subject of constitutionalism and practical aspects of the application and interpretation of principles in courts. Likewise, a redefinition of the notion of the principle in order to reflect the way principles are applicable by judges in courts especially in constitutional courts and the implication of the concept of the constitutionality of law that grant the protection of minority rights and how that influence the methods of constitutional norms interpretation have been taken into account.
The latest research turns to an attempt to highlight legal realism in application of law and the methods of legal research.
(A detailed list of publications is available on the Polish website of the scholar)
Dr. hab. Karol Dobrzeniecki, prof. UMK
- Research activity covers:
the issue of philosophy of law of the emergency situations in 2013-2018; philosophical and legal aspects of the information society; reprivatization after 1989 in the light of principles of the transitional justice, with particular focus on the problems of lawmaking and its application; legal pluralism; globalization; transformations of the international law; the problem related to the erosion of state sovereignty in the postmodern ages.
(A detailed list of publications is available on the Polish website of the scholar)
- International activity
- Participation in the national and international researches and scientific cooperation, including projects financed by the European Commission regarding the use of information technology in legal education: LEFIS and Law & ICT Shared Virtual Campus, as well as in the EU-China Dialogue project (2008-2012). Moreover, I was an expert and an operator in grants financed by the National Science Centre, National Centre for Research and Development and a project operator in grant of the Fund of Justice;
- several internships in foreign centres (Universidad de Navarra, National University of Singapore). Funds received as grants of the Nicolaus Copernicus University and the National Science Centre allowed me to be a visiting fellow in Cambridge (Squire Law Library) and Oxford (The Bodleian Libraries);
- participation in scientific conferences in Poland and abroad. Since 2005: the World IVR Congresses held in Granada, Krakow, Beijing and Frankfurt am Main; the XXVII World IVR Congress entitled: Law, reason and emotion, held at Washington in 2015.
- Grants and projects
- EU-China Human Rights Dialogue – project financed by the European Commission.
Project duration: 2008 – 2012. The leading role belonged to Irish Centre for Human Rights. Partner project institutions – a dozen or so research centres from European Union states, including the Research Unit “Dialog UE-Chiny” (to which the applicant belonged) at the Faculty of Law and Administration, Nicolaus Copernicus University. - Legal Framework for the Information Society II. Socrates Programme. Erasmus Thematic Network, 225990-CP-1-2005-1-ES-ERASMUS-TN. Project duration: October, 2005 – September, 2007.
- Law & ICT Shared Virtual Campus (LAW&ICT) funded by the European Union’s Lifelong Learning Programme, 133837-LLP-1-2007-1-ES-ERASMUS-EVC. Project duration: October 1, 2007 – September 31, 2009.
- Grant of the National Science Centre: Theory and dogmatics in the process of globalization of law 2013/08/M/HS5/00345 – Cardinal Stefan Wyszyński University in Warsaw in cooperation with the University of Navarra.
- Model regulacji jawności i jej ograniczeń w demokratycznym państwie prawnym [Model of disclosure regulation and its restrictions in a democratic state of law] – project financed by the National Center for Research and Development. Position in the project: expert.
- Project grant aimed at research: Działanie sprawiedliwości tranzycyjnej, edukacji prawnej i obywatelskiej jako element systemu przeciwdziałania przyczynom przestępczości [Operation of transitional justice, legal and civic education as an element of the system counteracting to the causes of crime]. Field of research: Kształcenie postaw obywatelskich a działalność związana z zapobieganiem przestępczości i pomocą osobom pokrzywdzonym przestępstwami [Civic attitudes’ education and activity related to crime preventing and aid for crime victims]. Duration: 2018 – 2019. Position: project operator. The project is co-financed by the Justice Fund.
Dr. hab. Marcin Kilanowski, prof. UMK
Scientific research and projects:
Scientific research has focused on four issues:
- The Meanings of American Pragmatism for Social Sciences (2002-2006); 2. Towards a New Understanding of the Value of Freedom and Responsibility (2007-2013); 3. Towards a New Philosophical Foundation for the State and Law. Freedom, Solidarity and Responsibility in Times of Crisis (2010-2017); 4. Law in the World of Global Changes – Towards a New Paradigm (2012-2018).
(A detailed list of publications is available on the Polish website of the scholar)
Grants:
as an expert
2018-2021 Work in the project The New Social Contract, EI University Center of the Governance of Change Grant – preparation of the report on The Future of Democracy and The Rule of Law.
2016-2017 Work in the project Global Risks 2035: The Search for a New Normal; Financed by Atlantic Council – evaluation of the outcomes of the research.
2015-2017 Work in the project Corporation in a Global Society with support of Santander Universitades Grant – preparation of the article Deep Capture.
2012-2015 Work in the project Redefining the transatlantic relationship and its role in shaping global governance; Project financed by European Union’s 7th Framework Programme for research, technological development and demonstration under grant agreement no 290454; Carried out by a consortium of 13 academic and research centres from the EU, the US and Turkey: Istituto Aari Internazionali, Coordinator German Marshall Fund of the United States, University of Edinburgh, Free University of Berlin, Fondation Nationales des Sciences Politiques Sabanci, University of Istanbul, Chatham House, European University Institute, University of Siena, Charles University of Prague, University of Mannheim, TNS Opinion, American University of Washington and in cooperation with experts from other universities e.g. Nicolaus Copernicus University – work on the final report; evaluation of the outcomes of the research.
as project menager
2017-2020 Work on the project Global Governance – Toward a New Paradigme at Oxford University (September). Financed by Altius Society with support of Acciona Grant and Telefonica Grant.
2015 Work on the project Toward new philosophical basis for protection of human rights at The Science-Po Law School, Paris (July). Institute of Legal and Political Research Grant.
2013 Work on the project From Universality to Responsibility in International Human Rights at Freie Universitat Berlin (February). John F. Kennedy Institute for North American Studies Grant.
2012 Work on the project Looking for a New Language for Human Rights at The Science-Po Law School, Paris (September). French Government Grant.
2010-2011 Work on the project Beyond Universalism at Harvard University supported by Department of Philosophy and Institute of Legal and Political Research Grant.
2008-2010 Work on the project Toward Social Solidarity and Civil Society. Nicolaus Copernicus University Scientific Grant.
2007 Work on the project Freedom and Responsibility at Harvard University. The Kosciuszko Foundation Grant
2005 Work on the project Pragmatism and its Role Today at Freie Universitat Berlin (December-January). John F. Kennedy Institute for North American Studies Grant.
2002-2004 Work on the project Between American and Continental Pragmatism. From Dewey to Habermas. The State Committee for Scientific Research Grant.
2002 Work on the project Toward New Basis for Liberal Democracy. Nicolaus Copernicus University Scientific Grant.
International cooperation:
Scientific contacts with Harvard University, Sciece Po Ecole de Droit, at the John F. Kennedy Institute for North American Studies at the Freie Universität in Berlin and at the Institut für Sozialforschung in Frankfurt am Main.
Other activities:
Since 2013, a member of the board and a member of the scientific board of the Altius Society at the University of Oxford.
Since 2009, association with following research networks: Harvard University, Institute of Global Law and Policy (Cambridge), Oxford University, Oxford Martin School & Oxford Union (Oxford), EI University – Centre for the Governance of Change (Madrid), Bucerius Global Governance Network (Hamburg).
Dr. Agata Czarnecka
Field of scientific research:
Main focus on Anglo-Saxon non-liberal legal and political philosophy; practical implications of philosophy of law.
(A detailed list of publications is available on the Polish website of the Scholar)
Other activities:
A leader of the project “Making Citizens Moral as a Factor of Crime Prevention and Supporting Crime Victims” funded by the Main Council for Social Readaptation and Support of Sentenced Persons;
Etiuda doctoral scholarship granted by the National Science Center of Poland.