Evolution of Financial Market Regulations in the Conflict of Law Aspect. Reflections from the Perspective of Twenty Years since Poland’s Accession to the European Union
Evolution of Financial Market Regulations in the Conflict of Law Aspect. Reflections from the Perspective of Twenty Years since Poland’s Accession to the European Union

Summary/Abstract: The specificity of financial market law as a separate research specialization is, in the author’s opinion, expressed, among other things, in the increasing role of regulations at the supranational level, in particular those that concern transactions related to more than one legal area.The aim of this article, due to its limited framework, will not be to analyze all aspects of cross-borderness in the financial market, but to try to show the regulatory evolution in this aspect from the perspective of twenty years since Poland’s accession to the European Union. Thus, the analysis will cover both the Private International Law Act of 1965 (which was in force in the initial period after Poland’s accession to the EU), the new Private International Law Act of 2011 and selected acts of European law starting from the Rome I Regulation of 2008 (on the law of applicable to contractual obligations) and ending with the MICA Regulation of 2023 on crypto-asset markets. Thus, through the above analysis, the author will answer the question whether over the last 20 years there has been a significant change in the way the financial market is regulated in a conflict context, i.e. related to more than one legal area, or whether these changes were only of a limited nature. The answer to this question cannot be one dimensional, but the author states that the more longer Poland is a EU Member State, the more important role is played by supranational regulations in that field, while the development of national law seem to be rather limited.

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