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INSTRUMENTS OF PROTECTION OF ENTITIES' RIGHTS (OTHER THAN LEGAL ONES) IN THE EUROPEAN COMMUNITIES

100%

Sozanski J.

nr 3(10)

77-112

Protection of individuals' rights is usually seen as legal protection. However, protection other than legal one seems to be equally important and in many cases (also concerning 'acquis communautaire') much more frequently used. The distinction between these two kinds of protection is not precise but it does not cause any problems in practice where this distinction is often used. Individuals are entitled to legal protection before TS and SPI but also before state courts (acting as community courts) which concerns infringement of rights guaranteed in 'acquis communautaire' by other entities, institutions and legal entities belonging to member states. The protection before state courts covers the whole scope of 'acquis' including (after the latest reform) the right of competition in the European Community. On the other hand, the protection other than the legal one includes the right to petition to the European Parliament and the right to lodge a complaint to the Community Ombudsman and also numerous complaints to the Committee in connection with infringement of the community law (e.g. public aid, subsidies, anti-dumping law and other economic and commercial practices). This kind of protection is additionally enriched by the right to address all institutions of the European Community and the European Union by private persons and legal entities in their native languages and the obligation to answer them in a native language. This kind of protection also includes all types of measures protecting consumers, protection of health and protection of environment. The authorities and public institutions of member states are obliged to provide protection other than the legal one.

PRIVILEGES AND IMMUNITIES OF MEMBERS OF THE INSTITUTIONS AND ORGANS OF THE EUROPEAN COMMUNITIES IN THE CONTEX OF THE CODE OF CRIMINAL PROCEDURE

100%

Karnat J.

nr 1(84)

97-115

The article discusses the privileges and immunities of members of the institutions and organs of European Communities in relation to the provisions of the Code of Criminal Procedure. In this context, the author presents the impact of non-liability and inviolability privilege for the possibility of initiation of criminal proceedings, for continuation of the proceedings already initiated, and for making judicial decisions. The type and extent of protection of the immunities and other privileges applicable to Members of the European Parliament, judges of the European Court of Justice and the Court of First Instance, advocates general, members of the Court of Auditors, employees of the European Investment Bank and the European Central Bank, members of the Council of the European Union and the European Council. There were also discussed the immunities which may be lifted, and the procedure under which a public prosecutor should be granted a consent for the prosecution, as well as organs empowered to lift a given type of immunity. The article was based on the existing provisions of European law in conjunction with national legislation 'stricto sensu' of the Republic of Poland and jurisprudence of the European Court of Justice and the International Court of Justice. In the final part of the article the proposals 'de lege ferenda' with respect of desirable changes concerning the above-mentioned privileges and immunities.