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Jurisprudența maritimă ante- și interbelică – din lucrarea „Jurisprudență maritimă română”, 1887-2001

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Jurisprudența maritimă ante- și interbelică – din lucrarea „Jurisprudență maritimă română”, 1887-2001

Author(s): Marin Voicu / Language(s): Romanian Issue: Supliment/2022

Extracts: 1. Introduction (pp. 3-14) / 2. Table of contents (pp. 620-635) / 3. Civil sentence no. 161/22.06.1928 of the Tulcea Court, in the case "The approach produced by the ship "Princess Maria" (pp. 30-44) / 4. Commercial decision no. 95/10.12.1929 of the Constanța Court of Appeal, appealed, (pp. 44-62) / 5. Civil decision no. 806/09.05.1933 of the Court of Cassation, Section III, appealed (pp. 62-67).

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Medalion prof. I.L. Georgescu (1901-1996), coautor al proiectului Codului maritim român – CMR – 1936

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Medalion prof. I.L. Georgescu (1901-1996), coautor al proiectului Codului maritim român – CMR – 1936

Author(s): Marin Voicu / Language(s): Romanian Issue: Supliment/2022

The Legislative Council included, in 1929, among its members, ION L. GEORGESCU, who carried out, as a referent and then as an advisor, an extensive creative activity within this prestigious institution.

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Medalion Acad. prof. Constantin Hamangiu – 90 de ani de la trecerea în neființă (1932)

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Medalion Acad. prof. Constantin Hamangiu – 90 de ani de la trecerea în neființă (1932)

Author(s): Author Not Specified / Language(s): Romanian Issue: Supliment/2022

1. The man, the teacher, the magistrate and the doctrinaire / 2. The "Testament" and the donation (1929) to the Romanian Academy / 3. Constantin Hamangiu and the "Romanian Pandects" (1921-1932) / 4. "Law, laws and life" - excerpt from the article "About the future Civil Code - the problem of its unification", by Constantin Hamangiu, in "Pandectele Române" - 1928- editorial - pp. I-XIX. "The actuality of the analysis and recommendations of the law ferenda", from the perspective of the "LIVING RIGHTS" doctrine.

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Ustawa Prawo wodne z 2017 roku w świetle zasad techniki prawodawczej

Author(s): Jerzy Rotko / Language(s): Polish Issue: 4/2022

The article assesses the technical and legal correctness of the legislation of the Act of 20 July 2017 – Water Law, using the logical-linguistic method. The principles of legislative technique included in the form of an annexe to the Ordinance of the Prime Minister of 20 June 2002 on the ‘Principles of Legislative Technique’ are adopted as a point of reference. The analysis of the ways of expressing standards plays a key role both at the stage of preparing and adopting a new law, as well as during the period of its validity, as it allows various shortcomings of the adopted regulations to be revealed. The fact that the Water Law of 2017 has been in force for five years does not, therefore, make it unreasonable to undertake a comprehensive assessment from the point of view of compliance with the rules of legislative technique. In a broader perspective, such an analysis also provides research material for the formulation of theoretical and legal assumptions of the law-making process and their possible verification. The conducted research shows that in the Water Law Act of 2017 there are a few violations of the standards constituting the rules of legislative technique. Most of them do not cause any serious problems in applying the provisions, but there are also some – often overlooked in a cursory reading of the law – which deserve criticism. At issue here are violations of the consistency of the systematics, inconsistencies in the group of formulated prohibitions, which are additionally excessively rigorous in relation to the requirements of European law, dispersing issues between the main act and amending acts, and generally the phenomenon of the overproduction of legal entities, which introduces unnecessary normative noise.

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FORMATION OF REGULATORY AND LEGAL FRAMEWORK FOR REVITALIZATION OF DEGRADED TERRITORIES IN UKRAINE

Author(s): Serhii Horbliuk / Language(s): English Issue: 1/2022

The article assesses the incidence of regional policy on overcoming the crisis phenomena of territorial development in Ukraine. The evolution of regulatory and legal approaches to revitalization of degraded territories before Russian full-scale invasion of Ukraine (2022) are examined for compliance with sustainable development concept. The methodology for identification of depressed territories and the development of state programs to overcome their depressed condition, legally regulated but as yet unimplemented, are discussed. It was found that due to the adoption of a number of laws and the State Strategy for Regional Development for the period of 2021-2027, there has been a move from declaring depressed territories to be policy targets, which de facto were deprived of state support. Attention is focused on the transition to a territorially-oriented state policy of regional development based on the identification of low-capacity areas, and application of special mechanisms and tools of state support. Among the measures of state regional policy in this field, the state support for potential centres of economic growth and integrated projects of developing territories with special developmental challenges is becoming increasingly important. Ways to improve the regulatory and legal framework for the revival of degraded territories in Ukraine are considered separately. The strategic priorities of the regional policy of territorial development are analysed for their compliance with the Sustainable Development Goals, which are the basic guidelines for the revitalization of territories. It has been established that measures to overcome the crisis phenomena of territorial development, contained in the existing regional strategies, are mostly piecemeal. At the regional level, the policy of revitalization of territories is characterized by the presence of single integrated projects, aimed mostly at the recovery of neglected infrastructure facilities. The experience of integrated planning of territorial development testifies to the attempts to balance spatial, economic, social and environmental goals when forming regional policies. In summation, the prospects for the development of the policy of revitalization of degraded territories with the existing legal regulation are substantiated; conditions, under which the appropriate regulatory and legal framework will contribute to overcoming the threats of territorial decline in Ukraine, are outlined.

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Prawny model ochrony pracy na własny rachunek – wprowadzenie do dyskusji

Author(s): Tomasz Duraj / Language(s): Polish Issue: 101/2022

The main objective of the foregoing study is to introduce the reader to the issues of legal protection of self-employment in Poland, which was the subject of the IV National Scientiﬁc Conference from the series “Atypical employment relations” organized in Lodz on December 8–9, 2021 by the Center for Atypical Employment Relations at the Faculty of Law and Administration University of Lodz. This event was part of the promotion of a scientiﬁc grant carried out under the direction of Prof. Tomasz Duraj as part of an international project ﬁnanced by the National Science Centre entitled: “In search of a legal model of self-employment in Poland. Comparative legal analysis”. The author presents his own reﬂections de lege lata and de lege ferenda on the optimal model of legal protection of self-employment in our country.

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Europejska autonomiczna definicja pracownika i jej implikacje dla osób samozatrudnionych w sferze indywidualnego i zbiorowego prawa pracy

Author(s): Joanna Unterschütz / Language(s): Polish Issue: 101/2022

Currently, there is no clear definition valid throughout Europe that makes a clear distinction between genuine self-employed workers who work independently of a contractor and false self-employed workers. The 2006 ILO Recommendation takes a broad approach to the concept of “employment relationship” to enable action to be taken against false self-employment. In determining whether an employment relationship exists, the primary focus should be on the facts of the worker’s activity and remuneration, regardless of how the relationship is characterised in the contract. The EU’s so-called autonomous definition of a worker, as established by the CJEU, contains three main criteria to establish the existence of an employment relationship: whether the person performing the work acts under direction, the nature of the work (e.g. whether it is real, effective and regular) and whether remuneration is received for the work. Recent judgments of the CJEU lead to the conclusion that such a deﬁnition should be applied in all Member States in order to guarantee the eﬀectiveness of employment law directives. This line of interpretation is further reinforced by the reference to the autonomous deﬁnition of worker in Directive 2019/1152 z on transparent and predictable working conditions in the European Union. The aim of the publication is to reﬂect on whether the application of this deﬁnition would mean that individual and collective labour law rights would also be extended to the ostensibly self-employed.

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Praca czy usługa na własny rachunek?

Author(s): Jakub Stelina / Language(s): Polish Issue: 101/2022

The author analyses the problem of the nature of employment of entrepreneurs performing registered business activities. From the point of view of the types of employment provided for in Polish law the performance of self-employment by entrepreneurs should be qualiﬁed as employment of a civil law nature, because the subject of such activity can only be services, and not subordinate work. An entrepreneur is not allowed to enter into employment contracts in the course of business. On the other hand, services performed in the course of business activity may be qualiﬁed as work under the Constitution, which in Art. 24 states that work is under the protection of the state. This provision uses the concept of work in a broad sense. This means that certain constitutional standards of labor protection can, and even should, be applied to entrepreneurs, which, however, cannot lead to the equalization of their status with that of employees.

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Samozatrudniony – jeszcze przedsiębiorca czy już pracownik? O dylematach konfliktu wolności gospodarczej i ochrony pracownika

Author(s): Sebastian Koczur,Kinga Piwowarska,Andrzej Marian Świątkowski / Language(s): Polish Issue: 101/2022

Self-employed is not and cannot become a worker. The same reservation applies to an employee who has decided or been forced to run a self-employed sole trader. For this reason, according to the authors, the idea of crossing the border between economic and labour law in the current legal state cannot be implemented.

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Pracowniczy model samozatrudnienia

Author(s): Andrzej Marian Świątkowski / Language(s): Polish Issue: 101/2022

The author considers the legitimacy of constructing a new concept of employment of self-employed natural persons. It is based on the regulations of the speciﬁc status of these people who perform this type of work in some Member States of the European Union introduced into the labour law. He is analyzes the basics and criteria used by the judicature of the Court of Justice of the EU. It focuses on a speciﬁc and real sole proprietorship, consisting in the paid provision of services performed for and under the direction of another person – employer/entrepreneur or entity. He comes to the conclusion that there is no need to construct complex, separate legal concepts in which self-employed persons could act as “employees.”

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Refleksje na temat koncepcji prawnej regulacji pracy na własny rachunek w projektach kodeksu pracy

Author(s): Monika Gładoch / Language(s): Polish Issue: 101/2022

The article concerns the projects of the labor code in the ﬁeld of forms of securing the self-employed. In 2006 and 2018 were created two projects of the Labor Code. The authors of them tried to protect self-employed persons in the best possible way. The ﬁrst Commission, which worked in the years 2002–2006, accepted in principle atypical forms of employment on the labor market. A completely diﬀerent view in this regard was presented by the Commission from 2016– 2018, which perceived employment outside the employment contract as a way of circumventing the provisions of labor law, a symptom of a pathology of the labor market. However, the forms of securing self-employed workers presented by both Committees are in fact very similar.

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Status prawny osób zatrudnionych za pośrednictwem platform internetowych – w poszukiwaniu modelu ochrony

Author(s): Kamila Naumowicz / Language(s): Polish Issue: 101/2022

The COVID-19 pandemic has highlighted numerous problems regarding the legal protection of persons performing work via online platforms, resulting, inter alia, from the formal qualiﬁcation of these workers as self-employed by the platforms. The lack of job stability, protection in terms of salary, social protection or even safe and healthy working conditions caused a wave of protests in many European countries and resulted in rich jurisprudence deﬁning the criteria of determining the legal status of persons performing work via online platforms. It also prompted the EU legislator to improve the working conditions of this group of workers, as evidenced by the draft of the EU directive on the improvement of working conditions through online platforms published in December 2021. The aim of this study is to present the legal dilemmas related to the determination of the legal status of persons providing work via online platforms with reference to the jurisprudence of selected European countries and the solutions proposed by the European Commission. A critical assessment of the proposed regulations leads to a reﬂection on the appropriate model of protection for these persons, beyond the dichotomous division into employee and non-employee status.

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Możliwe kierunki regulacji ochrony pracy samozatrudnionych ekonomicznie zależnych

Author(s): Kinga Moras-Olaś / Language(s): Polish Issue: 101/2022

The necessity to cover economically dependent self-employed persons, i.e. a group of people providing work as part of their economic activity, based on contracts that do not lead to an employment relationship, but in conditions similar to employees, with labour protection regulations should not raise doubts, in particular in the context of Art. 24 of the Polish Constitution. The article aims to briefly present the possible ways of regulating this subject matter, in particular from the system perspective, and to present the approach that is, in the author’s opinion, the optimal one. Proposals in this respect include various concepts of protecting economically dependent self-employed workers, ranging from maintaining the status quo to including economically dependent self-employment in the scope of the employment relationship. However, none of these extreme concepts seems to be correct and it is necessary to look for a golden mean. It seems most desirable to distinguish the self-employment in question as a separate legal category in conjunction with the granting of certain rights to members of this group. Adopting this direction will allow for the delimitation of economically dependent self-employment and the employment relationship connected with providing the required protection to entities providing work in this form, adapted to its specificity.

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Economically Dependent Standard as a Criterion of Employment Rights for Semi-Employed Workers in Poland

Author(s): Łucja Kobroń-Gąsiorowska / Language(s): English Issue: 101/2022

The current legal status protects only employACees within the meaning of Art. 2 of the Labor Code, and in a small part of contractors, it contributes to the deterioration of the situation of semi-dependent/self-employed workers, resulting in effects that are entirely opposite to the intended ones, i.e., the inclusion of the axiology of the protective function into non-employee forms of work. Poland does not have its own scope of protective provisions similar to the labor code provisions that would apply to economically semi-dependent/self-employed workers. In this article, is analyzed the concept of the economically semi-dependent/self-employed as a starting point for granting them certain employment rights. Two main conclusions can be drawn: first, the economically semi-dependent self-employed is not an intermediate category between workers and the self-employed but a subcategory of the self-employed. Secondly, failure to grant them protection by Polish labor law will have a negative impact on the extension of collective rights of the self-employed.

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Praca na własny rachunek a ochrona w zakresie BHP

Author(s): Małgorzata Mędrala / Language(s): Polish Issue: 101/2022

The article deals with the topic of self-employment in the context of the guarantees in force in Poland in the field of occupational health and safety. The Author analyzes the current regulations of the Polish Labour Code in this respect from the perspective of the self-employed and indicates their shortcomings. She also formulates de lege ferenda postulates in order to propose a model approach to the right to safe and hygienic working conditions for dependent self-employed workers. She recognizes the legitimacy of differentiating the right to health and safety for the self-employed and the employees in terms of individual benefits.

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Praca na własny rachunek a ochrona przed mobbingiem i dyskryminacją

Author(s): Michał Barański,Błażej Mądrzycki / Language(s): Polish Issue: 101/2022

Work under civil law contracts has become increasingly popular in recent years. Primarily young people (entering the labour market) are employed based on civil law contracts. A similar phenomenon is a gainful activity within the so-called self-employment under conditions of economic dependence on one’s contractor. Awareness of the dissemination of non-employment forms of employment has led the authors to consider possible forms of protection against mobbing and discrimination in the case of self-employment. These phenomena (mobbing and discrimination) are generally associated with the relationship between employer and employee. However, the mere fact of a different type of employment does not exclude the risk of ‘mobbing’ or discrimination. In such circumstances, it is almost natural to explore possible forms of protection. The authors have analysed the existing legal regulations in search of available solutions that can provide adequate protection for the self-employed.

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Protection of the Self-Employed to the Extent of Non-Discrimination and Equal Treatment – An Overview of the Issue

Author(s): Tomasz Duraj / Language(s): English Issue: 101/2022

The subject of the foregoing study is the analysis of the legal regulation of the protection of the self-employed to the extent of non-discrimination and equal treatment. The author positively assesses the very fact of adopting the Equality Act, which contributed to raising the standards of protection of self-employed people in this area. Unfortunately, however, a number of detailed regulations included in this act raise justified doubts and deserve criticism. Moreover, some provisions of the Equality Act are inconsistent with international agreements binding Poland, and also violate Art. 32 of the Constitution of the Republic of Poland. This leads to an unjustified lowering of the standards of protection against discrimination and unequal treatment of the self-employed in relation to the legal situation in which employees find themselves. A critical analysis of the Equality Act shows the far-reaching inconsistency of the legislator and the inconsistency of the entire system of protection against discrimination. This, in turn, makes this law ineffective, as shown by statistics in which a very small number of cases are brought to court and end up with a positive outcome for the person discriminated against.

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Right to Rest of the Self-Employed under International and EU Law

Author(s): Mateusz Barwaśny / Language(s): English Issue: 101/2022

The main objective of the foregoing article will be to determine whether a self-employed person has the right to rest under international and EU law. According to the research conducted by the OECD, in 2021, the self-employment rate for all countries reached 16.5% of all employed persons. Therefore, bearing in mind that self-employed persons constitute such a large group of all people who provide paid work, it is justified to consider whether they may be entitled to the appropriate protective guarantees, also in the area of the right to rest. Appropriate rest includes not only the right to a holiday, but also a period of daily and weekly rest and the limitation of the maximum working time. The right to rest is also very important in terms of work efficiency and safety in the workplace. Therefore, efforts should be made to ensure that every contractor, including the self-employed, has the right to a proper rest in order to regenerate his strength and exercise the right to health and safety, which every person is entitled to according to international legal regulations.

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Praca na własny rachunek a ochrona w zakresie zbiorowego prawa pracy

Author(s): Monika Latos-Miłkowska / Language(s): Polish Issue: 101/2022

As a result of the amendment to the Act on Trade Unions, which entered into force on January 1, 2019, self-employed persons meeting the criteria indicated in Art. 11 of Trade Union Act were granted the right to associate in trade unions and, consequently, other rights in the field of collective labor law. This is a new legal situation, because under the previous legal status, these persons were deprived of rights in the field of collective labor law. The aim of this article is therefore to analyze the scope of protection of the rights and interests of self-employed workers on three levels: 1) the right to associate in trade unions, 2) their coverage by collective agreements, 3) collective disputes. An attempt will also be made to assess to what extent the model of collective protection of their interests offered to these people is adequate to their needs and the specificity of their work.1 Ustawa z dnia 23 maja 1991 r. o związkach zawodowych (t.j. Dz.U. z 2022 r. poz. 854), dalej: u.z.z.

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Proiecte de coduri, legi şi regulamente

Author(s): Author Not Specified / Language(s): Romanian Issue: Supliment/2022

1. Project of the Romanian Maritime Code 1936 – Paul I. Demetrescu, I.L. Georgescu p.98 / 2. The Maritime Court of Constanța - 1938, in the "Justice of Dobrogea", Year IX, no. 3-4, pp. 83-87 p.150 / 3. The Romanian maritime service (1895-1945), extracted from the Romanian encyclopedia – online p.153 / 4. Bilateral navigation treaties and conventions (1877-1911) p.154

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