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Organizacja administracji ochrony środowiska w Polsce i Unii Europejskiej

Organizacja administracji ochrony środowiska w Polsce i Unii Europejskiej

Author(s): Maciej Jabłoński / Language(s): Polish Issue: 2/2014

The organization of environmental protection in Poland and the European Union is a mutual connection of competencies and a correlation of systems and rights according to national and EU laws. The legal system of the EU is the result of decades of cooperation undertaken by the will of the Member States known as the acquis communautaire. EU law has primacy over national law, which in practice means that in the event of a conflict between the provisions of national law and EU law, the national law is deemed inapplicable and needs to be adjusted by the Member State

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Around the Bloc: OSCE Monitors Come Under Fire in East Ukraine

Author(s): TOL TOL / Language(s): English Issue: 01/19/2016

The incident comes nine days after monitors were held at gunpoint by rebel forces, and follows a fresh attempt at a lasting ceasefire.

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The Cohesiveness Policy of the European Union: multidimensional regionalization

The Cohesiveness Policy of the European Union: multidimensional regionalization

Author(s): Dominika Cichońska,Jarosław Fedorowski,Romuald Holly / Language(s): English Issue: 1/2014

European nations may expect years of positive transformation in the next half of the second decade of the 21st century, just after decades of economic and social instability. Such transformation would involve social, political and structural changes stimulated by societies' deep motivation and well defined expectations with regard to social and health issues. In this new (and soon to come) era of transformation, fulfilment of superior goals should serve the unity of the EU as well as joint internal and external safety. While using the cohesion policy as a tool to achieve those goals, policymakers must take all those new conditions into consideration. Effective support by means of detailed and complementary regional programs/ projects is surely required. Based on the above, we have to once more interpret the definition of regionalization. We must also demonstrate new dimensions of regionalization in relation to the cohesion policy.

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Znaczenie konsultacji społecznych w formułowaniu polityk publicznych Unii Europejskiej

Znaczenie konsultacji społecznych w formułowaniu polityk publicznych Unii Europejskiej

Author(s): Urszula Kurczewska / Language(s): English,Polish Issue: 1/2015

Public deliberation mechanisms play an important role in the process of the EU public policy making because they are to compensate the shortage of representative democracy. One of them is social consultation carried out mainly by the European Commission. The paper consists of the analysis of open public consultation role in designing and implementing the EU sector policies. Their growing importance and frequency of use with regard to the economic policy and its kinds is clearly visible. The aims of such consultations are various. They are primarily used as an instrument of legitimacy of decisions taken by the Commission as well as an important source of information about the stakeholders' opinions and stance. The case of social consultations concerning the transatlantic agreement TTIP is analysed here in detail due to the significance of social mass protests which used to occur and owing to the importance of the agreement for all the Europeans, they may also take place in the future.

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Udział senatu RP w tworzeniu prawa i kreowaniu polityki społeczno-gospodarczej państwa

Udział senatu RP w tworzeniu prawa i kreowaniu polityki społeczno-gospodarczej państwa

Author(s): Eliza Nowacka / Language(s): English,Polish Issue: 4/2015

The creation of socio-economic policy is not, however, the main domain of the second chamber, especially in those systems, where the model of asymmetric bicameralism is implemented. The limitation of the process of creating economic policy is observable for example in the Czech Republic, where the Senate does not participate in passing of the budget act. Socio-economic policy of the state is not the main scope of interest of the Polish Senate either. The majority of legislative initiatives results in the creation of a new law and it does not raise the subject of socio-economic state policy directly. There are to be found, however, some initiatives that propose changes in the tax system, labour law, social care law or in the area of pensions and annuities. Owing to the legislative initiatives of the Senate accounting chambers and employers' associations were created. While analyzing the role of the Senate in socio-economic state policy the actions of Senate committees, especially of the Budget and Public Finance Committee, the National Economy Committee, the Family and Social Policy Committee, the Agriculture and Rural Development Committee are worth emphasizing. Those committees put forward amendments to the budget act, review the laws passed by the Sejm or international agreements concerning socio-economic policy. Some of the effects of the Polish Senate's committee work is, among many, proposing by the Budget and Public Finance Committee, on behalf of the Senate, a number of amendments to consequent budget acts. It should be stressed, however, that the Senate undermines its role in the field of socio-economic policy. It takes, so to say, additional measures to other activities. A lack of long-term and comprehensive programmes can be seen in those actions. The Senate uses the instruments of government, nevertheless, it does so in moderation.

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Roman Hausner (1883–1947) – wybitny administratywista Polski międzywojennej

Roman Hausner (1883–1947) – wybitny administratywista Polski międzywojennej

Author(s): Jarosław Kostrubiec / Language(s): Polish Issue: 1/2019

Roman Henry Hausner (1883–1947) was a high-ranking state official in the Ministry of Home Affairs with a vast number of publications in the field of public law. The aim of the article was to present Hausner’s biography from the point of view of his career as an official as well as his creative activity including his role in the process of implementing public administration reforms in interwar Poland. On the one hand, the article presents the life of Hausner as an official and a member of a few committees on public administration in interwar Poland in chronological order. On the other hand, the study presents Hausner’s views concerning fundamental institutions of administrative law. These two elements do not constitute separate parts of the article since his work in the Ministry of Home Affairs and writing were presented as a certain whole. Such a picture is created by the biography of the protagonist of this paper who combined the practical aspect of his work as an official with the issues of writing. The author of the article argues that Hausner as a co-creator of many important drafts of legal acts, a propagator of far-reaching reforms in the field of public administration system and a prolific writer can be considered a significant figure of the interwar doctrine of administrative law.

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Издаване на европейска заповед за запор на банкова сметка в практиката на българските съдилища

Издаване на европейска заповед за запор на банкова сметка в практиката на българските съдилища

Author(s): Tanya Gradinarova / Language(s): Bulgarian Issue: 2/2019

Regulation (EU) No 655/2014 of the European Parliament and of the Council of May 15th, 2014 creating a European Account Freezing Injunction procedure to facilitate cross-border debt recovery in civil and commercial matters provides for a single autonomous procedure for issuance and execution of a European injunction for the freezing of bank accounts. Upon its adoption, the Community legislature considered the need to introduce a directly applicable legal instrument for the purpose of the efficient and rapid freezing of bank accounts due to the significant difference in the conditions and effectiveness of the implementation of national interim measures and their cumbersome nature in cases with cross-border consequences. The application of the Regulation in conjunction with the provisions of Chapter fifty-six „a“ of the Civil Procedure Code poses a challenge to both the legal theory and the jurisprudence. This report aims to create a discussion and commentary regarding some of the problems that arise before the current case law of Bulgarian courts in applying the unified European procedure for granting a European injunction for the freezing of bank accounts, established by Regulation (EU) No 655/2014 and the rules of chapter fifty-six „a“ of the Civil Procedure Code – Art. 618a to Art. 618e of it. The validity of the problems analysed is conditioned by the need to ensure the correct application of the Community procedure for granting a freezing injunction that is to be enforced on the territory of other Member States of the European Union without a special procedure for recognition and without granting a declaration of enforceability. The task of this study is to analyse the available national case law on granting a European bank account freezing injunction and to present some proposals for its unification.

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Влияние на някои престъпления с международен елемент върху световната икономика

Влияние на някои престъпления с международен елемент върху световната икономика

Author(s): Atanas Borisov / Language(s): Bulgarian Issue: 2/2019

This article studies the multifaceted effect and illegal profits of some of the international transborder crimes and their impact on society and the world economy, as well. It regards the international dimension of six crimes, which generate more than $ 3 trillion a year.

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Търговските книги и тяхното доказателствено значение

Търговските книги и тяхното доказателствено значение

Author(s): Krasimira Mircheva / Language(s): Bulgarian Issue: 2/2019

The article addresses the trading book following the relevant provisions under the national legislation in force. The author sets out her view about the concept that maintaining the obligation to keep records of trading books serves various interests – such of a publiclaw nature (particularly the case for taxation) as well as those of a private-law character (by presenting a report of enterprise assets to the owners and third parties). Special emphasis is placed on the legal rules dedicated to keeping data records in the business books in case of litigation, as well as their significance for ensuring evidence, including their challenging. The article refers to the relevant case-law of various courts. It also summarises the possibility given by the current legislation for settling any trade dispute merely based on a documentary proof submitted to the court, which streamlines as well as accelerates the judicial process.

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Новият иск по параграф 6 от преходните и заключителните разпоредби на Закона за изменение и допълнение на Закона за банковата несъстоятелност

Новият иск по параграф 6 от преходните и заключителните разпоредби на Закона за изменение и допълнение на Закона за банковата несъстоятелност

Author(s): Matey Matev / Language(s): Bulgarian Issue: 3/2019

The article „The new claim under paragraph 6 of the Transitional and Terminal Provisions of the Law on Amendment and Supplement of the Bank Insolvency Act“ clarifies its theoretical aspects. They address the relative nullity of series of share-transfers made by debtors of Corporate Commercial Bank (CCB), AD (in insolvency), after the date of its placement under special supervision by the Bulgarian National bank. The claim by its general characteristics is an action for revocation, requiring a special legitimacy of the insolvency administrator, the temporary insolvency administrator or the Deposit Insurance Fund. All of them should defend the interests of the creditors of the insolvency mass. The study of the claim observes the time limit, the special jurisdiction, the effect of the court decision and its proximity with the claim under Article 135 of the Obligations and Contracts Act, as well. The conclusions made consider the lawsuits for the bad faith transactions with the shares of CCB debtors and outline the factual composition of the claim and its frame of proof.

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Релацията „право – икономика“: светогледни измерения на правното явление в условия на глобализация и дигитализация на световната икономика

Релацията „право – икономика“: светогледни измерения на правното явление в условия на глобализация и дигитализация на световната икономика

Author(s): Victor Ivanov / Language(s): Bulgarian Issue: 3/2019

The worldview dimensions of the law phenomenon increase their importance to the research of legal scientists and in the training. The „law – economy“ relationship is one of the most essential elements in the formation and renewal of law and of structures and forms of government, as well. Both transition from national to supranational economic structures and deepening digitization of the economy are of paramount importance. These processes revolutionize the legal phenomenon, and this leads to the necessity of revolutionizing the legal sciences, including the General Theory of Law and the General Doctrine of the State. It is the task of legal theoreticians to reconsider the transition from national state legal continuum to regional and global legal-power structures. It defends the understanding that, in the context of a digitizing and globalizing economy, special and incredible efforts are needed by the emerging global civil society in order to create in time new democratic forms and mechanisms in line with the spirit of the Fourth Industrial Revolution. Jurists face the challenge of building a modern desacralizing worldview in defence of universal values and ideals.

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Задължението на работодателя за предаване на трудовата книжка и отговорността за неизпълнението му

Задължението на работодателя за предаване на трудовата книжка и отговорността за неизпълнението му

Author(s): Hristo Banov / Language(s): Bulgarian Issue: 3/2019

The article provides a solution to some legal issues, related to the employer's obligation to hand over immediately the duly filled out labour book to the employee upon termination of the employment relationship, respectively to the consequences of the non-fulfilment of this obligation, namely the incurring of the employer's financial liability. On the above-mentioned issues, contradictory practice of the Supreme Court of Cassation was noted, because of which the Interpretative Case No. 1/2019 of the General Assembly of the Civil College was started. The many specific issues raised by the contradictory case-law are limited to the question whether the employer's obligation under Art. 350, para. 1 of the Labour Code in all cases arises and becomes exigible at the time of the termination of the employment relationship, or several hypotheses should be distinguished, in at least one of which the emergence of the discussed obligation is not by virtue of the law, but for this purpose the execution of certain actions by the employee is required. The solution to these legal issues leads to the answers to the second group of questions, related to the occurrence of the employer's obligation to pay compensation to the employee due to the illegal retention of his labour book.

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Transitions Online_Around the Bloc-16 March
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Transitions Online_Around the Bloc-16 March

Author(s): Ioana Caloianu / Language(s): English Issue: 03/23/2020

In the news: new government in Bucharest; a lifeline for the Russian economy; Ukrainian entrepreneur shoots for the sky; clemency plea for Gigi Ugulava; and an inside view on Polish judicial reforms.

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Homo homini covidus sau despre virus, restricții și alți demoni

Homo homini covidus sau despre virus, restricții și alți demoni

Author(s): Ionela Cuciureanu / Language(s): Romanian Issue: 14/2020

There is a pandemic with catastrophic effects worldwide, a population more or less and / or correctly informed, traffic restrictions are lifted due to the lifting of the state of emergency and an alert state is established, which in turn involves a number of restrictions. This whole framework, which can be explained by the nature of the events, seems to have a less explicable side, namely the inflammation produced in the public space by the adoption of these restrictions through Law no. 55/2020 on some measures to prevent and combat the effects of the COVID-19 pandemic and the normative acts issued in its application. Ah, and somewhere in the background, the Constitution is running, like a TV left open and to whom no one is paying attention any longer.

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Finansowe aspekty prowadzenia działalności w zakresie zakładów wzajemnych

Finansowe aspekty prowadzenia działalności w zakresie zakładów wzajemnych

Author(s): Grzegorz Skowronek / Language(s): Polish Issue: 1/2020

This study was devoted to the analysis of the conditions for the organization of mutual bets, regulations on the basis of which the activity in this area is carried out and the rules of their taxation with gambling tax. Undoubtedly mutual betting, being a type of gambling must be subject to strict regulations and in some cases restrictions. The reason for these restrictions is the fact that gambling brings threats, in particular, addiction to games. The answer to the danger of addiction is the introduction of a number of barriers and financial restrictions for the activities related to the organization of mutual bets. At the same time, one should be aware that the introduction of regulation of any sphere of economic activity must be in accordance with European Union regulations regarding freedoms, e.g. in the area of the flow of services. Therefore, it is important to analyze the financial aspects related to mutual betting and to assess it from the point of view of the jurisprudence of the Court of Justice of the European Union.

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Przyczynek do dyskusji nad faszystowskim prawem gospodarczym

Przyczynek do dyskusji nad faszystowskim prawem gospodarczym

Author(s): Maciej Marszał / Language(s): Polish Issue: 1/2019

Italian fascism was not limited only to political issues, but it also covered important socio- -economic problems. The basic element of Italian political doctrine was corporatism, which had a decisive influence on the shape of Italian legislation process in the field of constitutional, administrative, tax, commercial, labor and social security law. Corporate solutions created relations of the individual towards nation and citizen towards the state. From one point of view, the fascist socio-economical program denied the liberal free trade economy, but from the other, it was a counterbalance for a developing social ideology of class conflict, which was proclaimed by the socialists and communists. The idea of fascist corporatism in Italy gave a vision of social peace. It also improved the functioning of the government by subordination of trade unions to the state and by suppressing social divisions on the employer – employee line. The purpose of this study was to present fascist commercial law and it’s importance for economic policy of Mussolini state. The basic legal acts from the period of 1922 till 1939, which are related to fascist economy, were analyzed.

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Francisca de Vitorii uzasadnienie kolonizacji Ameryki z perspektywy rozwoju idei praw naturalnych

Francisca de Vitorii uzasadnienie kolonizacji Ameryki z perspektywy rozwoju idei praw naturalnych

Author(s): Marcin Merkwa / Language(s): Polish Issue: 2/2019

The article presents the way in which Francisco de Vitoria justified the colonization of America. The considerations are based on the assumption that according to Vitoria, the relationship between the Spaniards and the inhabitants of the New World was based on the doctrine of natural powers. For this reason, the concept of the Spanish thinker should be taken considered. Its originality is based primarily on the fact that it used the idea of natural powers to solve current problems, and also let the concept known widely, but treated as an impractical legacy of the Middle Ages, became the basis for law and policy considerations. In this way he paved the way for modern ways of recognizing natural rights and, finally, human rights.

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Narodna vlada SHS v Ljubljani v obrambnih zadevah: vzpostavljanje obrambnega sistema Države SHS leta 1918 med legislativo in realnostjo

Narodna vlada SHS v Ljubljani v obrambnih zadevah: vzpostavljanje obrambnega sistema Države SHS leta 1918 med legislativo in realnostjo

Author(s): Damijan Guštin / Language(s): Slovenian Issue: 2/2019

The establishment of the defence system and the armed forces as its most crucial element was among the most sensitive and demanding tasks during the formation of the State of Slovenes, Croats and Serbs. In October 1918, the risk involved in the political act of proclaiming an independent state dictated exceedingly tentative preparations. Therefore, as late as on the day when the new state was established, the state leadership started setting up the first elements of the defence system by adopting the former Austro-Hungarian defence system, including the legislation. Subsequently, it kept adapting and simplifying this system in accordance with the circumstances. Its management was distributed between the National Defence Commissions in Zagreb (the central Commission, in charge also of the Kingdom of Croatia), Ljubljana, and Sarajevo. The SHS National Council based its activities on the principle of a single defence system with a single army, consisting of three (later four) military commands for the Slovenian provinces, Kingdom of Croatia, Slavonia and Dalmatia and Bosnia and Herzegovina. With the administrative definition of its scope of activities after 19 November 1918, the National Government of SHS in Ljubljana assumed direct control over the military matters and the defence system and merged all three branches of the Austrian armed forces into unified armed forces, based on mobilisation (with many elements of voluntarism).

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Instrumentalization of Law in the Context of Memory Policies in Central and Eastern Europe after 1989

Instrumentalization of Law in the Context of Memory Policies in Central and Eastern Europe after 1989

Author(s): Filip Cyuńczyk / Language(s): English Issue: 3/2019

The main goal of the article is to conduct case studies of CEE memory policies introduced after the fall of communism and to present them as an interesting field for examining the instrumentalization of law. The primary research question is: Do several case studies of several memory policies implemented in post-communist states help to examine the theoretical concept of the instrumentalization of law? In this paper, I intend to show the hidden potential of such studies. I present some of the specific elements of new constitutionalization attempts in CEE, which included narratives of memory in several constitutions in the region. I also show their relation to the concept of instrumentalization of law. Finally, I describe some political acts of instrumentalization of law in the field of collective memory.

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Truth Revelation Procedures as a Rights-based Alternative to the Politics of (Non-)Memory

Truth Revelation Procedures as a Rights-based Alternative to the Politics of (Non-)Memory

Author(s): Emilia Kowalewska / Language(s): English Issue: 3/2019

This article offers a socio-legal reflection on the relation between law, state obligation, and attempts to institutionalize collective memory. As the question of memory institutionalization becomes most pertinent in the context of regime change that imposes on an incumbent government certain expectations for addressing the past, the article considers this research problem from the perspective of transitional justice theory. The transitional justice paradigm allows for an interdisciplinary consideration of the topic. Special attention is paid to legal norms and mechanisms directed towards establishing authoritative knowledge about the past. The emerging principle of the right to truth is presented as an integrating and rights-based perspective from which to approach societal demands for acknowledging injustices of the past. Measured against the fundamental rights that lie at the heart of transitional justice theory, three types of truth revelation procedures are presented. The article shows that the relationship between law and memory – which is often reduced to one of political instrumentalization – should, in accordance with the values of a liberal democracy, be reframed from the perspective of individual and collective rights. The article seeks to contribute to the field of memory studies in the social sciences by exposing functions of legal norms and mechanisms that are often overlooked when discussed from the perspective of the politics of memory.

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