Wyniki wyszukiwania - Biblioteka Nauki

1

Parlamenty narodowe i ich rola w integracji europejskiej. Deficyt demokracji w UE w czasach kryzysu ekonomicznego i niepewności politycznej.

100%

Dąbrowska-Kłosińska P.

Studia Europejskie-Studies in European Affairs

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2013

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nr 2

s.75-94

EN

The article describes and assesses the role of national parliaments in EU legislation considering the reforms introduced by the Lisbon Treaty. This is closely connected with the understanding and (political) application of the principle of subsidiarity. After an analysis of the possibilities and limitations of the relevant legal regulations in the post-Lisbon age, alternative ways for participation of national legislators on the European level are being scrutinized and proposed. The issue of democratic legitimisation is also interconnected with the current political reforms being discussed in order to overcome the ‘Euro-crisis’. Finally, the authors argue that it does not make sense to include national parliaments in the existing legislative triangle of the EU and they promote the creation of a new kind of supervisory body instead.

2

Non-Financial Reporting in the Light of International Regulations and EU Directives

85%

Ryszard Kamiński R.

Adam Mickiewicz University Law Review

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2018

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tom 8

EN

The need to standardise non-financial reporting to ensure its transparency and clarity is noted by researchers and reporting organisations. In their opinion, the reports should be clear, transparent and comparable and stakeholders should be able to fully satisfy their information requirements. Bearing in mind this assumptions the aim of the study is to analyse the non-Financial reporting system within the scope of international and Eu-ropean Union law. The author pays attention to the essence of reporting non-financial Information and its standards, EU Directives and Guidelines of Discolure.

3

Harmonisation tendencies in European Consumer Law

80%

Kunkiel-Kryńska A.

Studia Prawnicze

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2012

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nr 2 (191)

67-102

EN

The aim of this article is to examine the ongoing process of harmonisation of consumer law in the European Union and a trend away from minimum harmonisation in consumer law towards full (complete, maximum) harmonisation. First of all, two important observations need to be made regarding a general concept of harmonisation in the EU and its main instruments i.e. directives regulated by Article 288 of the Treaty. Harmonisation of law is the finishing touch for the completion of the internal market of the EU after the directly applicable provisions of the Treaty regulating the four freedoms have done their work. Directives are the most important legislative instrument alongside regulations. They are based on different harmonisation methods e.g. minimum or full harmonisation. Theirs purpose is to reconcile the dual objectives: securing the necessary uniformity of EU law and respecting the diversity of national legal orders, traditions and structures. A directive is binding on the Member States as regards the objective to be achieved. The result is generally a two-stage law-making process, including implementation at the national level. It is of prime importance that in the field of consumer protection, the EU followed for a long time a minimum harmonisation approach and directives were based on this particular method of harmonisation. Over the last years, the EU policy on consumer protection has shifted from minimum to full harmonisation. Whereas minimum harmonisation allows Member States to adopt more protective rules, full harmonisation does not allow Member States to deviate from directives at all. This way, full harmonisation should guarantee that one uniform set of rules applies in the whole EU. In theory, this should contribute to legal certainty for both consumers and businesses. However, in practice, this is undoubtedly controversial. In light of the above, it should be stressed that the EU legislator wants to create a common consumer law for Europe. Admittedly the superficial appeal of full harmonisation from an internal market perspective is clear. One set of rules for traders, which grants access to the entire internal market of 27 states, is obviously appealing. However, this goal is illusory. Certain problems arise, to name a few: the EU's competence to legislate in the field of consumer policy or concrete evidence that full harmonisation is required to deliver the real internal market. What is more, while in some areas the need for full harmonisation is self-evident, for example, as regards product specifications, it is harder to see why private law rules – including consumer law - need to be fully harmonised. In the field of private law there is a much stronger tendency towards flexible thinking and a search for adaptability. Therefore it is hard to justify a full harmonisation approach to flexible and consistent national contract law orders. Last but not least, full harmonisation directives give rise to serious implementation problems at the national level, both in terms of transposition and applying transposition measures by national authorities, mainly courts. National courts – as European courts – ensure the correct application and observance of EU law. Taking the above into consideration, there is a tension between the aim of full harmonisation (uniformity) and interpretation of various general (undefined concepts) used in full harmonisation directives. In particular, there is a risk of divergent national interpretations. To sum up, over the last years the EU consumer protection policy has shifted from minimum harmonisation towards full harmonisation, which is supposed to reduce barriers in the internal market. However, it should be pointed out that there are some objection to the restrictive full harmonisation approach. Legal doctrine indicates certain problems i.e. full harmonisation directives give rise to serious implementation problems at the national level and cause risk of decomposition of national legal orders. Therefore the European Commission is now advocating a milder approach based on “targeted” full harmonisation - more selective, practical, less disturbing to the national legal orders.

4

Wpływ ewolucji prawa swobodnego przepływu osób na migracji w ramach Unii Europejskiej. Bilans dwudziestolecia istnienia rynku wewnętrznego UE

80%

Ambroziak A. A.

Studia Europejskie-Studies in European Affairs

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2013

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nr 3

s.115-136

EN

Economic integration leads to outflow of production factors from countries relatively well equipped to countries in which they are relatively rare, where it is possible to gain a higher rate of return. This process initiates short-term adaptations of supply and prices of production factors in integrating countries. The total production of these countries should increase, as should the final productivity of labour or capital. It is worth indicating that the possible negative effects of the transfer of capital or migration of labour arising from economic integration will most likely not be significant in comparison to the possible negative results of their ineffective allocation. One of the four freedoms of the internal market of the EU is the free movement of people, including workers, which gives opportunities to migrate and to search for a better job or a better place to live. Under EU law, all unjustified barriers have been eliminated or substantially reduced. Unfortunately, at the beginning of the 1990s, there were still many obstacles in the free movement of workers concerning different implementation of EU law on conditions of employment, mutual recognition of qualifications or coordination of social security and health care. Substantial changes in the legal framework of the free movement of people were introduced only in 2004–2005, when ten new Member States joined the EU. Although many Member States decided to apply restrictions on the free movement of workers, migration from the EU-10 and the EU-2 to the EU-15 considerably changed the flow of foreigners within the internal market of the EU. But it is worth underlining that despite a restrictive policy against foreigners in some Member States, the outside immigration to the EU is still considerably bigger than the internal migration within the internal market of the EU.

5

Enhanced Cooperation and Free Movement. Territorial Aspects of ‘Harmonisation’

80%

Malaga M. , Wilińska-Zelek A.

Adam Mickiewicz University Law Review

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2017

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tom 7

249-267

EN

In this article we examine the notion of ‘harmonisation’ in its interplay with the application of provisions on the free movement of goods. Due to the introduction of the European unitary patent protection system, we are witnessing the first cases of adopting enhanced cooperation in the internal market. This fact raises new, systemic questions concerning the concept of ‘harmonisation’ in European Union law. Are only legal, substantive aspects covered by its definition or should the territorial range of a legal act be taken into account? If yes – to what extent? Since the adoption of enhanced cooperation covers the field of intellectual property rights, the above questions concern the relationship between exercising those rights on the one hand and the principle of free movement on the other. A closer look at this matter leads to the conclusion that the unitary patent might not provide the solution to one of the problems that created for. More generally, in this article we conclude that when defining the concept of ‘harmonisation’, one should take its territorial scope into account narrowly, so as not to infringe the principles of EU law.

6

Niektóre prawa pasażerów lotniczych

80%

Polkowska M.

Przegląd Komunikacyjny

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2005

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tom R. 44, nr 7/8

26-31

PL

Uregulowania prawne UE dotyczące systemu odszkodowań dla pasażerów lotniczych, którym odmówiono przyjęcia na pokład w przewozach regularnych. Kwestia opóźnienia lotu w Konwencjach Warszawskiej i Montrealskiej. Odszkodowania według rozporządzenia WE z 2004 r.

EN

EU laws apply to compensation system for air transsport passengers, which were refused taken on board in regular transport. Flight delay in Warsaw and Motreal Convention. Compensations according to EC directives from 2004.

7

The European Union and Urban Planning

80%

Mialot C.

Studia Iuridica

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2016

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tom 63

195-202

PL

Nie istnieje odgórny plan zagospodarowania przestrzennego dla obszaru metropolitarnego Warszawy. Chociaż na pierwszy rzut oka planowanie urbanistyczne wydaje się nie dość uregulowane przez prawo unijne. Dodanie sektorowych regulacji w prawie UE w wielu ważnych kwestiach jak na przykład środowisko powoduje, że przyszłe regulacje będą dążyły do stworzenia całościowego planu zagospodarowania przestrzennego. Taki plan obejmowałby swym zasięgiem obszary wykraczające poza administracyjne granice Warszawy.

8

Wybrane problemy prawa autorskiego w świetle orzecznictwa Trybunału Sprawiedliwości Unii Europejskiej

80%

Laskowska-Litak E.

Kwartalnik Prawa Prywatnego

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2020

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tom 29

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nr 2

353-405

EN

The proposed paper offers a selection and an analysis of CJEU case law on copyright law. As regards the recent and most discussed judgments of CJEU, the author focuses on the evolution of the harmonized copyright law at the EU level: from a specific harmonisation centred on particular normative institutions to a functional interpretation of copyright law regulations. The paper is divided into three main parts: the first part focuses on the analysis of copyright subject matter; what then follows is the analysis of the scope of rights, in particular the right to make a work available online (second part), and, ultimately, there is a third part that deals with copyright limitations and exceptions. The analysis ends with the conclusions and topics for discussion with regard to the future interpretation of EU copyright law.

9

Unormowanie nieuczciwej konkurencji w prawie polskim

80%

Figura-Góralczyk E.

Kwartalnik Prawa Prywatnego

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2017

|

tom 26

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nr 2

399-462

EN

The article concerns the issue of unfair competition in the Polish law. It covers the evolution of the regulation of unfair competition in Poland from 1st World War to present day. The analysis concerns the Polish national prescriptions as well as the EU law. In the part concerning the Polish national prescriptions the article covers not only the analysis of the act of combating the unfair competition and the act of unfair business-to-consumer commercial practices but also the Polish Constitution, intellectual property law, the act of protection of databases as well as the act of protection of competition and consumers. In the part concerning the EU law the analysis concerns the primary and the secondary EU law. The aim of this article is to show the actual state of the Polish law of unfair competition.

10

An Analysis of the Legal Systems and Mechanisms Introduced in the European Union in the Fight Against Cyberspace Threats

80%

Kańciak A.

Internal Security

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2016

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tom 8(2)

195-224

EN

The ability to conduct attacks in cyberspace from any location in the world, together with a high level of anonymity for the perpetrator, underlines the global nature of this issue. Consequently, threats within cyberspace have become one of the most serious challenges for the national and economic security of countries. The immaterial character of cyberspace and the threats emerging from within its framework transcend borders in respect of both the subject and territorial dimension. The illegal activities conducted in cyberspace are also connected with the low, and constantly decreasing, costs of initiating and conducting attacks along with the relatively high possibility of by the attacking entity remaining anonymous.3 Cyber-security strategies are the response of the European Union and its Member States to the emerging threats. Developing national strategies is a relatively new trend. In such documents Member States present their national perspective in respect of cyberspace protection as well as the rules of conduct, perception of the threat, risk assessment and a strategic objective complemented by other specific objectives. These documents help national decision-makers with policy making in terms of cyberspace protection and the allocation of the resources essential for its development. Apart from cyberspace, strategies designate crucial areas of the state’s functioning as principal area of the protection that require special preventive action, i.e. critical infrastructure, economic development, national security, social development and a sense of security as a component within information-communications technologies applications.

11

Europejskie normy w polskiej rzeczywistości

80%

Tokarczuk A.

Technologia Wody

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2011

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tom Nr 2 (10)

75-76

PL

Polska od kilkunastu lat dostosowuje prawo krajowe do zapisów prawa unijnego, jednak podpisanie Traktatu Akcesyjnego o Przystąpieniu Rzeczypospolitej Polski do Unii Europejskiej zobowiązało nas do wypełnienia wszystkich jego wymagań, z przyjęciem odpowiednich okresów przejściowych. Podejmowane w tym kierunku działania są często kosztowne i wymagają reorganizacji istniejących instytucji. Dotyczy to również przedsiębiorstw wodno-kanalizacyjnych, dlatego bardzo ważny jest stały kontakt branży z instytucjami rządowymi w Polsce, a także w strukturach Unii Europejskiej.

12

Semibezpośredni udział obywateli Unii Europejskiej w stanowieniu prawa na poziomie ponadnarodowym – dziesięć lat europejskiej inicjatywy obywatelskiej

80%

Wróbel I.

Przegląd Zachodni

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2020

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nr 1 (374)

159-181

EN

The European Citizens’ Initiative as an element of participatory democracy in the EU has been in force for ten years, but the Treaty provisions establishing it required the adoption of a secondary legislation - Regulation (EU) 211/2011 and Regulation (EU) 2019/788, which replaced it. Therefore, the history of using this new instrument of civic participation at a supranational level is shorter. The subject of the article is an attempt to describe and assess the qualitative dimension of the new EU law institution, understood as an instrument for the participation of EU citizens in the supranational legislative process, on the example of the first four „successful initiatives”. Unlike the European Commission, however, a successful initiative is defined as an initiative that has led to a normative change in the EU legal order. The purpose of the article is to determine the scope of the actual participation of EU citizens in law-making at supranational level, carried out by means of a citizens’ initiative, and then to relate the obtained result to dogmatic approaches to the right to a citizens’ initiative and thus to determine the quality and significance of legal solutions in force at the first stage of implementing the Lisbon reform (from 1/12/2009 to 31/12/2019). That is why two research methods were used – the dogmatic legal method and the sociological method, the latter being understood as the analysis of factors influencing the content of created legal norms and the effects of binding norms. In the course of the conducted research, the hypothesis was verified that the new EU law institution in the first stage of its application did not provide EU citizens with influence on the content of legal norms adopted at the supranational level to a significantly different extent from the state before its introduction, and therefore did not fulfill its role in this respect in the EU legal order.

13

Spółdzielnia Europejska – spółdzielczość na rynku wewnętrznym Unii Europejskiej

80%

Szwarc-Kuczer M.

Pieniądze i Więź

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2011

|

tom 14

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nr 4(53)

98-107

EN

The Author presents entitlements of cooperatives resulting from the freedom of establishment and discusses the basic provisions of the Regulation on the Statute for the European Cooperative.

14

PROTECTION OF THE WOLF IN THE INTERNATIONAL AND EUROPEAN UNION LEGAL SYSTEMS

80%

Sobieraj K. , Zacharczuk P.

Review of European and Comparative Law

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2016

|

tom 24

|

nr 1

89-100

PL

This publication attempts to present comprehensively the principal legal acts that oblige the EU and all its Member States to secure favourable conservation sta-tus of the wolf population, as well as international legal acts regarding that issue . It also emphasizes the obligation to protect the ecological continuity between the places these carnivores inhabit . It should be pointed out that the existing publica-tions on the EU and international wolf protection regulations are limited to the two undoubtedly most important acts: the Bern Convention and the Habitats Directive .

15

Prawa pasażerów w transporcie

80%

Szwandrok J.

Przegląd Komunikacyjny

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2005

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tom R. 44, nr 10

29-30

PL

Podstawowe prawa pasażerów korzystających z usług różnych gałęzi transportu na obszarze Wspólnoty Europejskiej. Przepisy unijne ustanawiające wspólne zasady odszkodowań i pomocy dla pasażerów w przypadku odmowy przyjęcia na pokład samolotu albo odwołania lub dużego opóźnienia lotu. Ogłoszony projekt rozporządzenia UE w sprawie praw i obowiązków pasażerów w kolejowym ruchu międzynarodowym. Dokument roboczy pt. .Prawa pasażerów w międzynarodowym transporcie autobusowym.

EN

The fundamental rights of passengers using services from different branches of transport on the European Community area. The union recipes estabilishing common principles of damages and help for passengers in case of unacceptance on board or dismissal or large delay of flight. Announced project of EU decree in the matter of the passengers rights and duties in international railway movement. Working document "Passengers rights in international bus transport.

16

Wpływ prawa Unii Europejskiej na polską politykę regionalną

71%

Wojnarowski K.

Studia Iuridica

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2018

|

tom 77

184-198

PL

The article presents the impact of European Union law on the development of supra-local self-government structures in Poland. In the literature, it is estimated that the self-governmental reform of 1998 assuming the establishment of self-government voivodships and poviats enabled Poland to effectively join the implementation of regional development policy. The voivodship self-government and poviat became the basis of the institutional infrastructure together with the commune, enabling efficient acquisition of the Structural Funds and the EU Cohesion Fund.

17

The relationship between law, ratified agreement and the EU law in the light of the Polish Constitution and application of the EU law by public administration in Poland

71%

Woźniak M.

Opolskie Studia Administracyjno-Prawne

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2017

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tom 15

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nr 4

85-99

EN

The article makes a presentation of the relation between legal acts belonging to the so-called foreign orders and the national law at the level of regulation contained in the Constitution of the Republic of Poland and the problem of application of the EU law by the Polish administrative authorities. The ratified international agreements and acts of the EU law are sources of administrative law and must be applied by the public authority of Member States. The article deals with two issues: the relationship between the international law and national law in the light of the Polish Constitution and application of the EU law by public administration in Poland. These issues can be dealt with separately but have a number of tangent points. The author does not aspire to present a comprehensive discussion of these issues, but intends to point out some aspects. It has been argued that the standard of application of international law by public administrations (which is also the accession treaties) and the EU law depends on how the constitution regulates the issue of international law relation to the domestic law. In Polish jurisdiction (the Constitutional Court and the Polish Supreme Administrative Court) the practice of respecting the principle of primacy of the EU law as well as the principle of a community of interpretation of this law has been established.

18

Constitutional Courts and the Implementation of EU Directives: A Comparative Analysis

70%

Kustra-Rogatka A.

Polish Yearbook of International Law

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2018

|

tom 38

189-208

EN

This article concerns constitutional problems related to the implementation of EU directives seen from both the legal and comparative perspectives. The directives are a source of law which share a number of characteristic features that significantly affect and determine the specificity of Member States’ constitutional review of the directives as well as the legal acts that implement them. The review of the constitutionality of EU directives is carried out in accordance with the provisions of national implementing acts. Member States’ constitutional courts adopt two basic positions in this respect. The first position (adopted by, inter alia, the French Constitutional Council and German Federal Constitutional Court) is based on the assumption of a partial “constitutional immunity” of the act implementing the directive, which results in only a partial control of the constitutionality of the implementing acts, i.e. the acts of national law implementing such directives. The second position, (adopted, explicitly or implicitly by, inter alia, the Austrian Federal Constitutional Court, Czech Constitutional Court, Polish Constitutional Court, Romanian Constitutional Court and Slovak Constitutional Court) concerns the admissibility of a full review of the implementing acts. This leads to the admissibility of an indirect review of the content of the directive if the Court examines the provision as identical in terms of content with an act of EU law. Another issue is related to the application of the EU directives as indirect yardsticks of review. The French Constitutional Council case-law on review of the proper implementation of EU directives represents the canon in this regard. Nonetheless, interesting case studies of further uses of EU directives as indirect yardsticks of review can be found in the case law of other constitutional courts, such as the Belgian Constitutional Court or Spanish Constitutional Court. The research presented in this paper is based on the comparative method. The scope of the analysis covers case law of the constitutional courts of both old and new Member States. It also includes a presentation of recent jurisprudential developments, focusing on the constitutional case-law regarding the Data Retention Directive and the Directive on Combating Terrorism.

19

Financial Sanctions for EU Member States – Execution of Supervision Function by the Court of Justice of the European Union

70%

Augustyniak Ł.

Kontrola Państwowa

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2020

|

tom 65

|

nr 1 (390)

34-59

EN

Financial sanctions against Member States for infringement of Euro-pean Union law can amount to millions of euros. They are imposed by the Court of Justice of the European Union, either as a periodic penalty payment or a lump sum. The paper presents the procedure for enforcing the Court’s judgements and discusses the interpretation of Article 260 of the Treaty on the Functioning of the European Union in the case-law of this institution: from a precedent allowing the joint imposition of a periodic penalty payment and a lump sum, by changing the method of calculating both penalties as a result of the entry into force of the Lisbon Treaty, to the interpretation of the expression failu-re to fulfil its obligation to notify transposing measures referred to in Article 260 (3) TFEU.

20

Social law - public law in a European context?

70%

Koldinská K.

The Lawyer Quarterly

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2017

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tom 7

|

nr 4

286-291

EN

The paper addresses the issue of whether social law can be perceived as a separate and specific field of law and whether it can be defined as a purely public branch of law. Recent specific cases of the application of contractual principles in legal relations falling under social law and the impact thereof on the practice are discussed. Selected decisions from the ECJ are used to demonstrate a shift in the perception of Member States’ autonomy to set their own social policy.