General contractor and project financing in the realization of major public civil engineering projects in Italy.

Author(s): Vincenzo Farina / Language(s): English Issue: 3/2012

In this presentation we will discuss the new General Contractor provision in the Italian legal system, analyzing the financing of major civil engineering projects through Project Financing. We will thus examine in detail: the role and function of Special Purpose Vehicles established by the General Contractor; the joint liability of the entities constituting the General Contractor; the transfer of special- purpose vehicle shares, the issue of securities, and performance bonds as relating to project realisation, and its relationships with project operation.

Abuso del diritto ed autonomia negoziale. Nuovi approcci giurisprudenziali e profili comparatistici.

Author(s): Marco Farina,Demetrio Maltese / Language(s): Italian Issue: 3/2012

Uwarunkowania funkcjonowania administracji publicznej.

Author(s): Sebastian Bentkowski / Language(s): Polish Issue: 3/2012

The purpose of this article is to present the problems of factors shaping the structure and functioning of the public administration, in particular classifications and categories of these factors in terms of methodology and real, as well as the effect of selected factors on the quality of the legal nature of the administration. In the literature, it is assumed that the determinants of public administration shape the structure, functions and competences of administration and organizational sphere of administration. The issue of these conditions is important in the context of the quality of administration, particularly in the area of meeting the needs of citizens and society. The reasons for this state of affairs can be divided into legal and non-legal. The first group of reasons due to the obligation of public administration within the powers set out in the legal standards. The result is that all of its activities must be pursuant by legal regulations in force. those regulations are the standards of its activities.Constitutional, competence, and procedural legal norms determines not only the requirements for the construction and organization of the administration, but also shapes an assessment of the administration. The second group of reasons concerns the non-legal factors, such as political, social, cultural, which, together with the rapidly changing environment of administration, constantly affect the functioning of the administration.

Korupcja osób na eksponowanych stanowiskach politycznych z perspektywy white collar crime.

Author(s): Szymon Michał Buczyński,Anna Banaszkiewicz / Language(s): Polish Issue: 4/2012

Corruption of politically exposed person is a global issue. Briberies at high levels of government distort the allocation of spending and lower the quality of infrastructure. The opening of political systems and the privatization of enterprises may increase corruption. The development of financial markets has spread democratization and market reforms, introduced new forms of corruption. Corruption of politically exposed person has impact on economic development and political stability. Corruption scandals have contributed to the downfall of governments in Brazil, Italy,Japan, Ecuador, and India. White collar crime as corruption occur within business companies. There is the strong link between organized crime and corruption.

Korupcja w sektorze farmaceutycznym – analiza zjawiska.

Author(s): Joanna Narodowska / Language(s): Polish Issue: 4/2012

The authors of the paper attempt to analyze the phenomenon of corruption in the pharmaceutical sector. It is commonly known that this pathology occurs in relation between pharmaceutical companies and legislative authorities, executive authorities, doctors, medical and scientific community as well as patient organizations. Therefore, the authors consider the causes (etiology), symptoms (phenomenology) and possibilities of counteraction this negative social phenomenon (prevention and criminal policy). The issue of corruption is viewed in the light of Polish criminal law, pharmaceutical law and on the ground of ethical basis. The theoretical contemplations are supplemented by results of researches on awareness of doctors in the subject of corruption.

Własność municypalna a mienie komunalne. Wpływ doktryny politycznej na koncepcję własności komunalnej w perspektywie historyczno-porównawczej.

Author(s): Bronisław Sitek / Language(s): Polish Issue: 1/2013

The practical application of the concept of legal personality in the ancient Roman law allowed colonies to be equipped with the statutory provision of powers to own property. The autonomy of the local community was independent of changes in the political system. The origins of self-republican times come down to the republican democracy, but its full development occurred in times of strong centralization of power in the hands of the emperor. Political changes did not have so much influence on the design and function of local governments. After the Second World War in Poland, in the first period, there was attempt to keep appearances of self-government, based on the pre-war legislation. Sovietization led to increasingly strong centralization of power in the hands of party decision making bodies. The national councils already appointment in 1944, originally as a control, later decision-making, were only an extension of the state administration. It did not have a legal personality and therefore cannot dispose of property. Not only interests of the local community were realized, but strategic national development objectives by Marxist ideology were implemented. Reversion to the local government in Poland took place only after the change of political system in 1989. The combination of the solutions of Roman law and contemporary legal system shows how negative effects ideology put by force on live has got, especially through legislative measures and specific political system.

Organizacja i zadania. Europejskiej Szkoły Administracji.

Author(s): Magdalena Sitek / Language(s): Polish Issue: 1/2013

The Lisbon strategy has placed the emphasis on the training of clerical personnel employed in the institutions and bodies of the European Union. In 2005 the European School of Administration was established with headquarters in Brussels and Luxembourg. The internal structure is based on the scheme to other relevant EU institutions and bodies, that is, the director and the board. Officials are employed on a permanent contract of employment.The main activities of the School concerns the development of competencies by officials of the European institutions, especially by new employees or applicants for promotion to the higher clerical group. The school can provide training for the institutions of the Union, but only on the basis of the agreement and the ensuring of funds by the contracting authority. It may be a member of the training, research and science. ESA in the framework of its powers and tasks is authorized to cooperate with other government schools, institutes and universities specializing in the field of training civil servants. Such cooperation may include mutual exchange of practices (Article 5. 4 of Decision 2005/119/EC). The school implements tasks associated with the exploration and implementation of modern management technologies EU administration.

Ensuring security and stability in certain parts of Asia by introducing appropriate legal measures in the context of terrorist threat- introductory remarks.

Author(s): Piotr Rychlik / Language(s): English Issue: 1/2013

Terrorism remains one of the most important threats to the international security and stability. This dangerous phenomena affects some of Asian countries, especially Afghanistan, to a very significant extent. Combating terrorism is hardly possible without an efficient legal system. The article tries to signalize the most important security problems connected to terrorism and present some Polish experience in introducing anti-terrorist legislation.

Odwilż birmańska. Odświeżenie reżimu czy transformacja systemu politycznego?

Author(s): Michał Lubina / Language(s): English Issue: 1/2013

Since 2011 Burma has witnessed a gradual process of liberalization of political situation in this country, called “the Burmese thaw”. The ongoing changes in Myanmar so far brought significant achievements, including the release of political prisoners and cease-fire agreements with ethnic minorities guerillas. Moreover, Myanmar has witnessed liberalization of the press, the release of political prisoners and the initiation of a political dialogue between the regime on the one hand and the opposition and ethnic groups on the other. The reforms culminated in by-elections on 1 April 2012, which in turn resulted in a landslide victory for Aung San Suu Kyi’s National League for Democracy (NLD). The West acclaimed these changes by lifting economical sanctions imposed for Myanmar for violating human rights decades ago. This political thaw, was not, however done due to domestic reasons, such as liberalization or any kind of reconciliation between the government and opposition. The most important reason to start reforms was China’s threat. The regime seems to have felt the need to balance China’s presence in the country. The opening-up to the West, therefore, is intended to rid Myanmar of the Chinese embrace. The reforms are meant to be a sign to the international community, especially the EU and the US, to engage with the country. This is ongoing now, with the addition of Japan. However, decades of civil war and human rights violations have created deep mistrust between the ethnic groups and the military. Consequently, it is possible that without a clear road map for political negotiations and reforms, the current peace initiative will fail and will end in renewed fighting. The country’s reform process is ongoing but fragile; at the moment it is impossible to say whether it will lead to real democratization or to a different form of authoritarian rule. The ongoing reforms in Burma seems more to be a regime’s make-up than a beginning of path leading to democratization.Nevertheless, the changes brought significant progress to the Burmese society. For the first time since two decades hope returned. The changes are noticeable, perceptible. In a year, maybe two, Burma may change from a comfortable (to us) “alternative utopia” into a new colony of global world. Westernization and globalization, first blocked by Ne Win’s autarchy and then by Than Shwe’s isolation, is inevitably arriving in Burma.

La mediazione: il ruolo del mediatore e dell’avvocato.

Author(s): Cosima Ilaria Buonocore / Language(s): Italian Issue: 2/2013

With the mediation required for many commercial and civil matters, the legislature wants to deflate the litigation that causes profound state of crisis in which for many years lived the civil trial. The legislature, because for twelve subjects is obligatory mediation before going before the court pursuant to Art. 5, Leg. 28/2010, has focused on the recruitment of mediators, in a vigorous way by identifying the requirements for identification of their professionalism and capabilities of the organizations that educate, in this way creating a new figure with an adequate level of preparation and professionalism. The importance, for civil litigation, mediation has, the legislature has also provided special rules concerning the duties incumbent on lawyers. The legislature has taken inspiration from considering n. 25 of the european directive n. 52/2008, which speaks of encouraging lawyers to inform their customers, and provided with legislative Decree n. 28/2010 has provided information to the duty incumbent on lawyers. The lawyer’s duty of disclosure to their patients. The mediation is an alternative tool to the process, they are both connected to each other and then the proper functioning of the first depends on good knowledge of the second. The work of the legislature as to the professionalism and expertise of the mediator is positive.

Charakterystyka energetyczna budynków – aspekty prawne (zagadnienia wybrane).

Author(s): Justyna Kownacka ,Roman Trzaskalik / Language(s): Polish Issue: 3/2013

This article aims to provide guidelines for the currently applicable EU law regulations on energy performance of buildings that are a constitutive instrument for implementing the climate and energy package pursuant to the Kyoto Protocol. The authors also present the state of the Polish legislation and its adjustment to the requirements set by the EU legislator. The authors analyze and assess the assumptions of the Polish draft legislation on energy performance of buildings, paying particular attention to the implementation of the postulate that within the specific term all new buildings in the European Union should have nearly zero-energy consumption, as well as to the problem of sanctions for non-fulfillment of the legal obligations emerging from the implementation of the EU legislation.

Regulacje prawa energii odnawialnych we Wspólnotach Europejskich.

Author(s): Michał Łęski / Language(s): Polish Issue: 3/2013

This article presents in shortened form the evolution of the European energy policy over the years. Starting with the post-war period, the Robert Schuman Declaration and the emergence of the European Coal and Steel Community and the Treaties of Rome is trying to show that the history of a common energy policy had its roots and was born right after the end of hostilities in 1945. Then, signed the Treaties of Rome began to be the beginning of what, since 1992 can be called as the European Union and the energy policy of the Member States and the Union. In the next section there are shown - at a glance - another attempts to pave the regulations and activities related to energy and energy policy in the united European Union. Starting from the Green and White Paper, the first statements on the liberalization of the energy market, the following directives and legislation related directly to the renewable energy sources (RE) the author goes to the latest regulations of RE and still ongoing legislative works.

Arbitration Proceedings in Consumer Disputes - Selected Aspects.

Author(s): Miloš Maďar / Language(s): English Issue: 4/2013

This article deals with protection of consumer rights in the Slovak Republic, focusing on admissibility of arbitration clauses in consumer contracts. In consumer disputes, arbitration clauses present a specific practical and theoretical problem and therefore we examine this topic in wider discussion. In relation to arbitration clauses, jurisdiction of arbitration court in consumer protection is further discussed.

The right to information from public authorities in the Slovak Republic.

Author(s): Michal Jesenko / Language(s): English Issue: 4/2013

A right to information allows citizens to participate actively in public matters administration. Timely access to truthful and complete information is necessary condition of free decision-making and action of citizens and the instrument for open and transparent public administration enforcement. The paper deals with the problems of a right for information provided by public authorities and public institutions under the conditions of the Slovak Republic, while the attention is paid to the legal regulation.

Karnoprawna ochrona wyborów i referendów w Republice Słowackiej.

Author(s): Mária Hencovská / Language(s): Polish Issue: 4/2013

The presented contribution attempts to analyze citizen’s protection in the area of public affairs governance exercised by the Slovak Republic citizens directly or by means of nominated representatives elected by them. The Constitutional Law to elect and vote in referendum is guaranteed by the legislator not only by means of Election Acts and the Act referring to the manner and methods of providing referendum, but at the same time it is protected by the Criminal Law provisions. The author puts a special attention to the criminal offence regarding manipulation of the preparation and the course of elections and referendum. Besides that, the author puts into consideration the criminal offence of the election corruption together with some application problem- factors of the mention provisions.

Korupcja w wojsku naruszeniem fundamentów bezpieczeństwa państwa.

Author(s): Paweł Chodak / Language(s): Polish Issue: 4/2013

Corruption in the armed forces of the Republic of Poland is nothing but an attack on our country, on the correct economic development, economic, social and cultural. Corruption is a major threat to the free and unhindered functioning of all the organs of Government. Corruption is a threat to ensure constitutional order, constitutes a threat to the existing legal and social standards that have been implemented and adopted for use in the society. The impact of this phenomenon-the crime is very difficult to estimate, however, must be constantly monitored and subjected to analysis for searching for the reasons for the occurrence of this dangerous phenomenon. The conduct of the monitoring, control, prevention, investigations and for the fight against corruption, are the responsibility of the relevant departments and authorities.

Wymiar sprawiedliwości - tradycyjny czy nowoczesny?

Author(s): Piotr Kluz / Language(s): Polish Issue: 4/2013

Technological development do not remains without influence on the administration of justice, and the way of the work of judges and rules for the conduct of proceedings. In this new reality - designation of the essence of justice and the right to trial is the starting point for further considerations regarding computerization of the courts. It is extremely important for determining how far the progress of information technology changes the justice and on what rules it can step into the courts. The idea is to streamline computerization, to not block or infringe the realization of one of the fundamental principles of the rule of law, which is the right to sue. New technical solutions that lead, though it seemed faster to receive legal protection, but they may interfere with the applicable constitutional principles and established jurisprudence. It can therefore be assumed that the introduction of the justice of advanced technology solutions required to consult them with the legal profession and the distribution of literature, in order to provoke debate.

Przemyt towarów podrabianych - perspektywa kryminologiczna.

Author(s): Szymon Michał Buczyński,Paweł Snopek / Language(s): Polish Issue: 1/2014

Counterfeiting of trademarked products is an increasing problem in national and international trade. The OECD report of 2008 estimates the volume of international trade in counterfeit and pirated products at USD 200 billion per year. These studies did not include the value of products distributed domestically and via the Internet. Given these distribution channels of counterfeit and pirated goods value of the market may double. This significant economic phenomenon occurs in both less developed and well developed countries. The International Anti Counterfeiting Coalition (IACC) estimates that 5-7 percent of world’s trade is in illegitimate goods. In the medium term this problem is estimated to increase up to several thousand percent. From the consumer’s perspective, counterfeiting can be either deceptive or non-deceptive. The demand side of counterfeiting is the actual forces behind this counterfeiting trade. Deceptive counterfeiting involves purchases where consumers are not aware that the product they are buying is a counterfeit. This aggravating market pathology affects the price level influences the reputation of manufacturers, can be a real threat to the life and health of consumers and is changing international division of labor. The most frequently examined counterfeit goods are those whose ratio of functional utility to price is low while the ratio of intangible and situational utility to price is high (luxury goods).

Formalizacja prawna kontroli realizacji zadań w zakresie opieki zdrowotnej.

Author(s): Sebastian Bentkowski / Language(s): Polish Issue: 1/2014

The formalization of state authorities and institutions in charge of control of healthcare, including local government bodies, as adopted in the Polish legal system, takes into account the praxeological requirements regarding both structures (such as flexibility, harmonization of objectives, information mobility), and goals (adequate degree of generality, clarity, comprehensibility, feasibility and availability). Local government units are also equipped with the necessary authorizations and proprietary competences enabling them to effectively influence the financial governance of independent public healthcare institutions. One should also pay particular attention to supervisory and auditing powers of local governments, which allow regular monitoring of the financial situation of healthcare institutions, as well as efficient prevention and elimination of organizational and financial problems, also in situations when the quality of medical services is not satisfactory for patients.

Autorytaryzm i rządy prawa a reżim graniczny: przypadek Polski

Author(s): Michal Buchowski / Language(s): Polish Issue: 1/2024

The article focuses on the already normalized lack of respect for human rights and the legal principles adopted by the Polish state with regard to immigrants and asylum seekers. This is a phenomenon well-known and discussed in migration literature. Article’s contribution is to present the problem in a way that shows how the migration and border regime was associated with the construction of a system of illiberal democracy (“democrature”) and the creation of xenophobic sentiments underpinned by ethnocultural nationalism. The popularity of nationalist views underlies and determines political actions to sustain public support even when they proclaim respect for or restoration of the rules of liberal democracy.