Prawnofinansowe aspekty bezpieczeństwa energetycznego w Polsce i UE

Author(s): Julita Kostka-Twór / Language(s): Polish Issue: 2/2014

This article describes issues related to the provision of broad understanding of energy security within the EU and in the Polish legal order in force. On the basis of the cited definition of the term “energy security” showing the essential elements necessary for achieving this purpose. Due to the fact that the subject of security, to the greatest extent are the raw materials are fossil source of their origin and value of demand. Shows the adjustments resulting from the two EU directives: horizontal and energy policy. Their implementation to the Polish legal order were presented on the example of last update the law on excise duties in terms of taxation from 2 January 2012. excise products. The development, in addition to a description of the issues shall be under question the correctness of the Polish tax law fit to the requirements already in force under national law and EU law. The manifestation of the contradictions is widely applied in relation to the exemption of organic not directory. It should be noted that provision of energy security is inextricably linked with the use of fossil raw materials, and hence greenhouse gas emissions. The current Excise Tax Act fails to comply with the rigors of applying already Act-energy law, in which one element of energy security are requirements for the protection of the environment. In addition, the study cites the obligations of Member States arising from published in March 2006, the Green Paper and indicates the adopted in April 2009. climate and energy package. At the same time, is an example of the new solutions used to reduce, among others emissions of these gases carbon taxes.

Prawnofinansowe instrumenty polityki prorodzinnej – postulat zmian inspirowanych brytyjskim systemem Child Trust Fund

Author(s): Paweł Klimek / Language(s): Polish Issue: 1/2013

The paper contains legal analysis of financial law instruments used to implement family policy in the Republic of Poland. It is worth noting, that the Polish family policy system is based on elements of the structure of the personal income tax and social benefits such as joint taxation of spouses or single parents, maintenance exemption or maintenance benefits. Only two elements of this structure are common or relatively common and motivate Polish society to increase the birth rate, they are: personal income tax family relief and lump-sum child benefit. What is more, the transfer of funds from the system takes place at the time of childbirth or during its upbringing. However, there is no universal legal institution which aims at supporting children at the time when they are becoming independent and at inducing them to save money. It causes, that there is no guarantee, that the funds received by the parents are spent for education and welfare of the child. Therefore, the paper contains de lege ferenda postulates inspired by the Child Trust Fund system which implements these assumptions to the United Kingdom’s system of financial law. Furthermore, introducing a similar solution to the Polish legal system would support ad hoc financial institutions, which have suffered because of the recession, but the final beneficiaries of the reform would be young Polish citizens.

Problems relating to development of agricultural land market: case of Slovakia

Author(s): Eleonora Marišová / Language(s): English Issue: 1/2005

Ustawa o przeciwdziałaniu nieuczciwemu wykorzystywaniu przewagi kontraktowej: różnorodność czy jednolitość jej celów?

Author(s): Rafał Laskowski / Language(s): Polish Issue: 2/2019

In the article follow-up considered the issue of the purpose of the Act of 15 December 2016 on prevention of the unfair misuse of competitive advantage in the trade in agricultural and food products has been described. Similarly to the first part of the article was taken attempts to answer the query concerning the cohesion of those purposes, complementarity and the conflict in their structural assumptions. In the article discusses other purposes of adopting the act, such as improving the functioning of the market and protecting its weaker participants against dishonest practices, as well as protection of good manners. The emergence of practical examples of the application of the Act in the form of jurisprudence of administrative authorities has allowed for subsequent assessment if the presented purposes are the ones which are implemented in the process of executing the law. In addition, the author has developed considerations related to the interpretation of the basic assumptions implemented in the Polish legislation in comparison with EU legislation. In the summary of the article conclusions and the final evaluation of the purposes of the legislature were presented.

Základy etické a právní regulace reklamy

Author(s): Tibor Skalka / Language(s): Czech Issue: 2/1997

The document discusses the ethical and legal regulation of advertising in the Czech Republic. It highlights the importance of advertising in modern society, serving both as a competitive tool for businesses and a guide for consumers in a market flooded with similar products and services. The primary legal frameworks governing advertising include the Act No. 40/1995 Coll. on the Regulation of Advertising, the Act No. 468/1991 Coll. on Radio and Television Broadcasting, and the Act No. 634/1992 Coll. on Consumer Protection. Additionally, the Commercial Code plays a significant role in regulating advertising within the context of economic competition. The document also emphasizes the role of the Code of Advertising Practice, which outlines moral principles and norms for advertising activities. This code, while not legally binding, complements legal regulations by addressing ethical issues in advertising. The relationship between ethical and legal norms is explored, particularly how ethical standards can influence legal interpretations and vice versa. The document underscores the necessity of defining boundaries for advertising practices to ensure they are truthful, decent, and respectful of legal and ethical standards. It also discusses the role of various stakeholders, including advertisers, advertising agencies, and media owners, in adhering to these regulations.

K tzv. funkcím konkurence

Author(s): Josef Bejček / Language(s): Czech Issue: 2/1996

The article discusses the role of competition in economic systems, referencing the ideas of Adam Smith and F. A. Hayek. It highlights the importance of maintaining a competitive environment to ensure freedom of contract and prevent economic power concentration. The text argues that competition should be free and unregulated to allow for optimal resource allocation and societal prosperity. It also addresses the potential dangers of both market distortions and excessive state intervention. The article emphasizes the need for legal frameworks to protect competition and ensure fair market conditions. It concludes that competition law should aim to preserve market freedom and prevent monopolistic practices.

Ochrana životního prostředí a správní řád

Author(s): Ivana Průchová / Language(s): Czech Issue: 2/1996

The purpose of this contribution has been to analyse some problems regarding the application of the legal order (of Act No. 71/1967 Col I., on Administrative Procedures) during proceed of decision-taking by the agencies of the state admi­nistration in the sector of environmental protection. The valid legal regulations in this respect are dispersed into the legal regulations of a variety of branches, Act 17/1992 Col I. On Environmental Protection does not contain the general rules concerned with decision-taking in the sector of environmental protection. Within the framework of considerations of lege ferenda it is of great advantage to reason about gradually unifying the legal regulations, with a tendency of putting throu­ gh the so-called integrated decision-taking in questions related to environmental protection, where the administrative procedure would be limited to issuing the final decision only (permitting or Prohibiting certain activities). On the contrary, on expressing certain views, s tandpoints opinions or issuing approvals, preceding the final decision both in rem and also chronologically, there would be no need to proceed according to the legal regulations.

Civil-law aspects of carrying out an economic activity by persons with disabilities who do not have full capacity to perform acts in law

Author(s): Katarzyna Malinowska-Woźniak / Language(s): English Issue: 48 (2)/2024

The aim of this paper is to present civil-law aspects of carrying out an economic activity by persons with disabilities who do not have full capacity to perform acts in law. Key to this discussion was a hypothesis that persons with disabilities who do not have full capacity to perform acts in law may de lege lata carry out an economic activity. In the course of the analysis, relevant provisions of the Civil Code, Family and Guardianship Code, the Code of Civil Procedure, the Act on the Central Register and Information on Economic Activity and the Entrepreneurs Act are analysed using the method of investigation of the law in force. The analysis also covers proposals for legislative changes included in the draft act on amending certain acts to improve the legal and institutional environment for entrepreneurs. The research yields the following conclusions. Natural persons who do not have full capacity to perform acts in law may carry out an economic activity in their own name, though they perform acts associated with their activity with the participation of a statutory representative. Persons with limited capacity to perform acts in law may perform certain actions related to their business activity on their own. The taking up of an economic activity and other important matters related to economic activity require consent of the family and guardianship court. Introduction of legislative changes that involve clarification of principles of taking up and running an economic activity by persons who do not have full capacity to perform acts in law seems valid. Legislative proposals presented in the draft law of 13 April 2023 are insufficient and flawed, though the direction of changes must be recognized as correct.

The global financial crisis and the Constitution

Author(s): Christos KAZANTZIS / Language(s): English Issue: 1/2023

The study of constitutions in the context of the global financial crisis can be structured through two distinct questions: how can constitutions help in the crisis and what happens to constitutions during such a crisis? Beyond its economic impact, the 2008 financial crisis has produced new constitutional stories. One of the most important issues that we should discover is “How does the global financial crisis affect constitutions and their enforcement?” Nonetheless, one could begin by asking the exact opposite that is “Can constitutions affect the course and the consequences of the financial crisis?” The interaction between the financial crisis and constitutions differs in each legal order as it is correlated to the exact form the crisis took in each country, varying in terms of intensity and symptoms, and also because constitutions and political systems have their own safety valves in response to such challenges. Looking back to the 1930s, the New Deal constitutional moment and the collapse of the Weimar Constitution are suggestive of the interaction between major financial crises and constitutions, indicating that completely adverse reactions may occur. What happens depends on a combination of constitutional design and multiple external factors. This attempt to document how constitutions responded to the 2008 global financial crisis is structured by addressing a series of questions that aim to reveal what dominated the country- specific dialogues.

Contradictions in the evolution of the CAP

Author(s): Fernando Moreno Mozo / Language(s): English Issue: 2 (33)/2023

The subject of this article is contradictions in the evolution of the Common Agricultural Policy. The considerations aim to identify these contradictions and their negative consequences. Starting from the peculiarities of the demand for agricultural produce, the author discusses the importance of the Common Agricultural Policy and presents six successive phases of its development. He concludes with a synthesis of the contradictions of the CAP evolution and their negative consequences. He also raises a question as to whether it would be possible to subject commercial activity in agriculture, like in other sectors of the economy, to free competition among a group of states or globally, on the assumption that such competition would be reciprocal and subject to the same standards of quality and food safety.

Jose Luis de Palma Fernández, Las organizaciones interprofesionales agroalimentarias

Author(s): Fernando Moreno Mozo / Language(s): English Issue: 2 (33)/2023

Review of: Jose Luis de Palma Fernández, Las organizaciones interprofesionales agroalimentarias. Regulación jurídica, Editorial Reus, Madrid 2023, ss. 370.

Prawne pojęcie obszarów wiejskich i kształtowanie go pod wpływem polityki Unii Europejskiej

Author(s): Justyna Goździewicz-Biechońska / Language(s): Polish Issue: 1 (34)/2024

The aim of this article is to define the legal meaning of the term “rural area” and to present the main concepts of this notion that function in law, taking into account the influence of EU policies, especially the Common Agricultural Policy, on their formation. The author analyses the different concepts of rural areas in law, and focuses on three main ones: the administrative, the functional and the comprehensive one. She concludes that it is difficult to define rural areas unambiguously and in a manner that would be universally accepted within the entire legal system. This is because there are various interpretations determined by the objectives of their delimitation and the specificity of legal regulations. The comprehensive concept of rural areas is considered to be the most broadly understood. Furthermore, the author notes that the changes in the conceptualisation of rural areas in law (including agricultural law) and in European Union policy reflect the directions of socio-economic and cultural changes taking place in the rural community.

Płatność do powierzchni upraw konopi

Author(s): Monika Łata / Language(s): Polish Issue: 1 (34)/2024

The aim of the considerations is to determine the legal nature of the payment for hemp acreage in the light of EU and national law and to formulate an answer to the question whether the legal construction of this payment is in line with the objectives of the Common Agricultural Policy for 2023–2027. In conclusion, the author found, inter alia, that these payments have a conditional character. Indeed, the legislator burdens the agricultural producer with the risk of not receiving any area payments on the area of hemp cultivation. The granting of support is determined by the percentage content of Δ9-tetrahydrocannabinol in the cultivated variety of hemp, which is variable and de facto independent of the farmer. This contradicts the objectives of the CAP, such as promoting fair farm incomes and the resilience of the agricultural sector across the Union, or increasing market orientation and ensuring the competitiveness of farms. The author points out the inconsistency of the Polish regulation of fibre hemp with EU law. Thus, it is postulated that the definition of ‘qualifying hectare’ in relation to hemp in EU law should be clarified, the EU method of verifying Δ9-tetrahydrocannabinol content should be implemented into the Polish legal order in a comprehensive manner and the provisions of the Act on Counteracting Drug Addiction should be adjusted to the new conditions.

The budget and budgetary law of the Polish People’s Republic

Author(s): Michalina Duda-Hyz / Language(s): English Issue: 2/2023

In Polish People’s Republic, as in other socialist countries, the budget system and the organisational structure of the budget corresponded to the assumptions of the political and socio-economic system of the socialist State. This means that the principles of the management of the budget and budgetary law itself were significantly different from the principles and norms then in force in Western European countries. The aim of this article is to outline how the main stages of the Polish People’s Republic’s budget were forming, as well as to demonstrate the impact of changing tendencies to centralise and decentralise the economy on the structure of the State budget. The first part of the article is devoted to the presentation of the process of adaptation and adjustment of the inter-war fiscal legislation to the new political and economic situation. In the second part, the main phases of the reconstruction of the budgetary system have been analysed. The next two parts of the article refer to the issues of adjustment of the budget system to the decentralisation of the management of the national economy and to the crisis of the early 1980s. The implementation of the research objectives made it possible to formulate the thesis that, despite the changing tendencies towards centralisation and decentralisation, throughout the entire period of the Polish People’s Republic the budget system and the organisational structure of the budget itself corresponded in principle to the assumptions of the political and socio-economic system, at the basis of which lay the principle of democratic centralism and the political and economic unity of the State.

DIGITALNI PROIZVODI (SVEOBUHVATNI PREGLED)

Author(s): Mirza Dinarević / Language(s): Bosnian Issue: 1/2024

One of the defining characteristics of modern trade in recent decades is the general modernization of the way trade is perceived, in the shaping of which a significant role was played by digital trade, which is certainly unimaginable without digital products. Considering the role that digital products play in modern trading, business and life, it is of crucial importance to understand what digital products are, only after that is it possible to credibly talk about classification and ultimately about dealing with them. Given that the scope and reach of digital products is on a scale that was before unimaginable, as the most egregious examples of dealing with them on a wide scale, we will contemplate those of the EU and USA as well as certain other relevant and interesting examples. When it comes to specific dealing with digital products in the sense of this discourse, the decision regarding which legal framework will govern the trading thereof is crucial. Prior to this step, the digital product in question needs to be qualified, keeping this in mind, relevant provisions of GATT and GATS will be considered, which regulate trade in goods and services, that will further determine all the fundamentals and ultimately the profitability of the product itself. Many elements could be characterized as having a role in determining the legal framework that will be used, but the method of delivery as well as the very nature of the product are simply indispensable in any serious discussion about digital products. Finally, in order to complete this overview, digital content is considered, i.e. it's role in relation to digital products.

A Romanian Example of Compensation for Non-material Damages Caused by a Violation of the Right of Access Provided by the General Data Protection Regulation

Author(s): Silviu Dorin Şchiopu / Language(s): English Issue: 2/2023

The former European Union Civil Service Tribunal admitted the existence of non-material damage that is separable from the unlawfulness that is the basis for the annulment of a contested decision and which cannot be entirely repaired by that annulment. So, the frustration of being forced to bring an action, on the one hand, and a state of serious uncertainty and concern (anxiety), on the other hand, may constitute actual harm suffered giving rise to the claim for moral damages, as long as the illegality of the wrongful act and the existence of a causal link between the act and the damage suffered are also proved. The Romanian courts awarded moral damages for the infringement of the right of access provided by Regulation (EU) 2016/679 to compensate the feeling of injustice and the anxiety caused by the fact that a person had to conduct a pre-litigation procedure and then a litigation procedure in order to have his rights recognised. This paper argues that the data subjects should demand and the courts should award non-material damages not only for the frustration of being forced to bring actions to defend their right to the protection of personal data, but also for the serious state of uncertainty and concern that can be generated by the loss of control over their own personal data when the controller disregards the right of access of the data subject, right designed to allow the latter to be aware of, and verify, the lawfulness of the processing.

Правна същност на продължаващото обучение при лекарите и лекарите по дентална медицина. Правна стойност на видовете сертификати

Author(s): Emilia Angelova-Hovagimyan / Language(s): Bulgarian Issue: 2/2023

The continuing education of physicians and dentists raises various legal issues. This is due to the fact that there is no explicitly written norm that makes the continuing education of medical specialists mandatory. Accreditation organizations are the ones that play a major role in accrediting different trainings that bring different credit points to their holders. Another legal issue that is often discussed in the medical community is,, what value do medical certificates have that are issued by individuals or commercial companies that are outside the range of possibilities clearly outlined in a legal norm, for conducting continuing education.

ОТНОВО ОТНОСНО РАЗПРОСТИРАНЕТО НА ИПОТЕКАТА ВЪРХУ ПРИРАЩЕНИЯ: ОПИТ ВЪРХУ ТЪЛКУВАТЕЛНИТЕ МЕТОДИ В ПРАВОТО

Author(s): Andrey Georgiev / Language(s): Bulgarian Issue: 1/2024

The article examines the development of the jurisprudence of the Bulgarian Supreme Court of Cassation on the issue whether a mortgage (lien) registered on a landplot can extend its effect to buildings built in the same plot after the registration of the mortgage deed. The gradual development of the interpretation of potentially conflicting provisions - art. 170 and 175 of the 1950 Obligations and Contracts Act - has been traced to clarify why the final conclusion that the mortgage lien extends to all buildings constructed in the landplot, for which the mortgage is registered, after the latter's registration. The author presents the thesis that this approach is an evolutionary development of the rules of use of interpretive methods in Bulgarian law, introducing the interpretation in accordance with basic legal principles as the main and preferred interpretive method. A breif comparison with developments in Roman law is also provided.

Conflict negativ de competență. Acțiune în constatarea existenței dreptului de proprietate asupra disponibilităților bănești existente într-un depozit bancar al societății radiate ca urmare a închiderii procedurii insolvenței. Neincidența...

Author(s): Not Specified Author / Language(s): Romanian Issue: 1/2023

Faptul că litigiul are ca obiect cererea de constatare a existenței dreptului de proprietate asupra disponibilităților bănești existente într-un depozit bancar, deschis pe numele debitoarei, care a parcurs procedura insolvenței, precum și realizarea dreptului sub forma remiterii sumei către reclamant nu atrage automat competența judecătorului sindic, ale cărui atribuții sunt reglementate de art. 45 din Legea nr. 85/2014. Astfel, având în vedere că reclamantul urmărește constatarea dreptului de proprietate asupra disponibilităților bănești existente în contul debitoarei, față de care s-a închis procedura insolvenței, și obligarea băncii la plata acestora către reclamant, în cauză sunt aplicabile normele de procedură prevăzute la art. 35 C. proc. civ. și cele de drept substanțial de la art. 557 și art. 2192 C. civ. Prin urmare, competența materială și teritorială de soluționare a cauzei în primă instanță nu se poate stabili potrivit normelor prevăzute art. 120 C. proc. civ. și dispozițiilor speciale privind procedura insolvenței, ci în virtutea dispozițiilor dreptului comun.

Nelegalitatea raportării informațiilor negative în Centrala Riscului de Credit. Acțiune în despăgubiri. Nelegala aplicare a legii în analiza legăturii de cauzalitate, condiție a răspunderii civile. Consecințe

Author(s): Not Specified Author / Language(s): Romanian Issue: 2/2022

Raportul de cauzalitate este nu doar o condiție a răspunderii, ci și criteriul după care se stabilește întinderea obligației de despăgubire. Decelarea acestei condiții nu este întotdeauna facilă, legătura de cauzalitate se configurează adesea într-un complex de împrejurări, cu interacțiuni diferite în producerea rezultatului, iar acestea trebuie examinate fiecare în parte spre a putea determina care dintre ele, singular ori împreună, au condus, în mod indivizibil, la producerea pagubei. Cauza prejudiciului nu poate fi identificată întotdeauna ca fiind singulară ori izolată, ci trebuie determinată prin evaluarea modului în care ea este favorizată de alte elemente, chiar secundare, care concură, înlesnesc sau favorizează, în cele din urmă, paguba. Toate împrejurările evocate pot provoca un context care, în sine, se poate identifica într-o etiologie unică și caracterizează, într-un caz particular, legătura de cauzalitate care concură la demonstrarea răspunderii civile. Or, în măsura în care instanța de apel a avut în vedere examinarea legăturii de cauzalitate numai prin evaluarea unui singur șir de elemente, evaluate ca indispensabile, dar a ignorat altele, la rândul lor esențiale, integrate aceluiași context, analiza legăturii de cauzalitate, condiție a răspunderii civile, este insuficientă, ceea ce nu corespunde unei aplicări corecte a legii.