Działania pozytywne jako instrument realizacji zasady równego traktowania kobiet i mężczyzn w zatrudnieniu

Author(s): Agata Ludera-Ruszel / Language(s): Polish Issue: 2/2015

Despite the change in the position of women and men in their social and professional life, which has taken place in the social awareness during recent years, women still continue to experience cases of unequal treatment. The labour market is one of the most important areas where the manifestation of unequal treatment based on gender can be noticed. Therefore the principle of equality in employment and the means of its implementation not only haven’t lost its importance but become especially significant in the current socio-economical situation. In the light of the foregoing, the purpose of this article is to present the positive actions as an instrument of implementation of the equality principle in employment between women and men under the EU and Polish legislation based on the views of doctrine and jurisprudence. The considerations that have been undertaken focus on showing the place of positive actions in the context of gender equality.

ЗАКОНИТЕ (DECRETA) НА ПЪРВИЯ КРАЛ НА REGNUM HUNGARIAЕ СВ. ИЩВАН I, И IUS GRAECO-ROMANUM

Author(s): Gábor Hamza / Language(s): Bulgarian Issue: 2/2015

The article claims that through analyzing the legislation of Hungary's first mon-arch Istvan I, one can specifically notice the realization of the principle ubi civitas, ibi ius. Namely, while setting the foundations of the state (civitas), the first Hun-garian souvereign, being gifted with a very broad European culture, managed to take into account both the universal nature of law and the necessity to preserve the national traditions of his people. The modern and global views of Istvan I, who successfully united Ius Romanum – or to be precise Ius Graeco-Romanum – with the legal customs of his own people, played a vital role in connection to Hunga-ry's European integration at that particular era.

Sektor małych i średnich przedsiębiorców a metodyka projektowania aktów normatywnych w prawie polskim

Author(s): Rafał R. Wasilewski / Language(s): Polish Issue: 3/2021

The article briefly presents the concept and specificity of the SME sector, indicating that legal conditions may constitute a barrier to the creation and development of this sector of enterprises. On the basis of the established legal barriers, actions of the EU and national bodies aimed at the elimination of these barriers in the context of the legislative process are indicated (e.g. the Small Business Act, the Strategy for Responsible Development until 2020 (with a perspective until 2030)). The study also analyses the provisions regulating the principles of legislative technique and normative acts in the area of economic law relating to the methodology of legislative work. The result of these studies is the finding that in Article 66 sec. 1 point 2 and art. 68 of the Entrepreneurs' Law, the special position of the SME sector has been emphasized and solutions have been introduced that make it necessary to take into account the specificity of these enterprises atthe stage of designing normative acts.

Seminarium „Przyszłość Europy: jak odpowiedzieć na wyzwania?”, Szczecin, 15 czerwca 2021 roku

Author(s): Agata Szwed / Language(s): Polish Issue: 36 (4)/2021

Legitimizing pre-emptive data surveillance under the EU law: the case of the PNR Directive

Author(s): Julia Wojnowska-Radzińska / Language(s): English Issue: 1/2021

The paper analyses the PNR Directive as pre-emptive data surveillance practice. The 2016/681 Directive regulates the use of Passenger Name Record (PNR) data in the EU for the prevention, detection, investigation and prosecution of terrorist offences and serious crime. It obliges airlines to hand national authorities passengers’ data for all flights from third countries to the EU and vice versa, but Member States can also extend it to ‘intra-EU’ ones (i.e. from an EU country to one or more other EU countries), provided that they notify the EU Commission. Thus, PNR Directive affects all passengers who arrive in the territory of one Member State originating from a third country, or who depart from a Member State’s territory to a non-EU country, including any transfer or transit flights. Using PNR data, the individual is profiled and encoded in terms of degrees of risk.

Problematyka wyznaczania rynku właściwego w przypadku rynków wielostronnych na przykładzie platform cyfrowych funkcjonujących w ramach rynków dwustronnych

Author(s): Agnieszka Anusz / Language(s): Polish Issue: 1/2021

The article analyses the process of defining the relevant market, with reference to digital entrepreneurs who operate on two-sided markets. The article presents a description of two-sided markets, including their basic features, such as network effect and price structure. These aspects are then analysed in the context of three factors of the relevant market: relevant product market, relevant geographic market, and temporal relevant market. The article leads to the conclusion that a temporal relevant market should be determined each time when considering online multiside markets. The article also analyses the so-called gatekeepers, that is entrepreneurs creating markets on which they also define the market conditions. Moreover, they do not always compete on the markets which they have created. In the case of gatekeepers, the article leads to the conclusion that the legal construction of abuse of market position should be sufficient; however, further regulation of gatekeepers may be necessary in the future.

Правен режим на защитените природни територии по директиви 92/43/ЕИО и 2009/147/ЕО на Европейския съюз

Author(s): Georgi Penchev / Language(s): Bulgarian Issue: 5/2021

Basic aim of this study is analysis of the protection of biological diversity in protected natural territories under Directives 92/43/EEC and 2009/147/EC. These legal acts of the European Union are related to the protection of species of wild flora and fauna and natural habitats. The basic task of the study consists in consideration of the legal measures in this field under these directives in the context of their introduction in the Bulgarian legislation. The comparative law and formal-logical methods of scientific research are used. The result of study is related to formulation of general conclusions from considered legal regulation and suggestions for its improvement.

Niepodzielność zasady niezawisłości sędziowskiej. Glosa do postanowienia Sądu Najwyższego z 23 września 2020 r., II DO 52/20

Author(s): Marek Piotr Kaczmarczyk / Language(s): Polish Issue: 1/2021

The article presents critical commentary to the decision of the Disciplinary Chamber of the Supreme Court concerning the possibility to treat an ECJ judgment in joined cases C-585/18, C-624/18, and C-625/18 as a prerequisite for reopening the proceedings based on Article 540 § 3 of the Polish Code of Criminal Procedure (k.p.k.). Disciplinary Chamber stipulates that the aforementioned ECJ judgment is not binding in Polish legal order. This follows, according to the commented decision, from two factors. First is the undue omission and, as a consequence, infringement of the Supreme Court Act in case of a prejudicial request to ECJ. The second is the lack of judicial independence of judges in the above case. The author argues that the line of argument taken by the Disciplinary Chamber is against Polish and European Union law. He points out several shortcomings in this Chamber proceedings. Its unconstitutional nature, ECJ interim measures, and other issues which the author acknowledges, renders Disciplinary Chamber unable to adjudicate. Regarding the author’s sbeliefs, first and foremost, this decision is illegal. Secondly, it shows urgent necessity to suspend the Disciplinary Chamber and, last but not least, proves that the Polish Constitution and European Union Treaties can safeguard the rule of law.

Необходимостта от създаването на Регламента относно пазарната злоупотреба и влиянието на решението Spector Photo Group

Author(s): Anna Tönies-Bambalska / Language(s): Bulgarian Issue: 3/2021

Over the years, the financial markets of the countries in the European Union have reached increasingly prominent differences, especially in insider dealing and its variety of sanctions. As a result, there is a need to adopt a single and harmonized European framework to ensure the security of all participants in capital markets. A key role in this process plays the decision on the Spector Photo Group case, which raises key topics, where there was no legislation at that moment. After a series of negotiations, the law changed with the Market Abuse Regulation.

Multilingualism, Francophony and the Perspectives of the Romanian Education

Author(s): Titus Corlățean / Language(s): English Issue: 1/2021

According to the relevant norms of national and international law, the right to education is consecrated as a fundamental human right. The 17 Sustainable Development Goals, as prescribed by the UN 2030 agenda for Sustainable Development, included as Goal no. 4 the “quality education.” Multilingualism in international relations and organizations and within the national education systems represents important pillars from this perspective. The Francophone identity and its cultural, educational, and political dimensions are essential parts of this topic. The COVID-19 pandemic’s dramatic impact on human development and education increased their relevance and necessity nevertheless. Romania is an important actor of the organization called “Organisation Internationale de la Francophonie” (OIF), including at the level of national school and university educational systems in French language and promotes through political European, and international mechanisms and policies the principle of multilingualism.

Reflecții cu privire la perspectivele unor reforme judiciare civile în lumina unor instrumente juridice europene

Author(s): Ioan Leş,Adrian Stoica / Language(s): Romanian Issue: 1/2022

The study is intended to provide a summary analysis of some of the most important proposals for the preparation of Community legal documents, which, in their view, will have a significant effect on the fate of judicial proceedings in all EU Member States. One of the most important documents concerns the Proposal of the European Parliament and of the Council establishing harmonized rules in the field of Artificial Intelligence. The proposed regulation is also considered by the authors as indispensable for the advantages but also in relation to the great risks that AI presents in the judicial processes. A particularly useful analysis is the one on the Proposal for a Regulation of the European Parliament and of the Council establishing a computerized communication system in civil and criminal judicial proceedings in cross-border cases. The analysis of the above-mentioned legal documents could not ignore, in the light of approaches to judicial developments in the EU, the existence of present documents on the taking of evidence and the communication of procedural documents in cross-border proceedings. The authors made an analysis of these documents (recommendations) highlighting some aspects regarding their application. The authors conclude that the new proposals and regulations of the Community institutions are likely to give a new impetus to the digitization process and to establish a coherent and effective legal framework to avoid the great risks that modern technologies pose to European citizens.

CONVENTION FOR INTERNATIONAL SALE OF GOODS AND THE INTERNAL LAW

Author(s): Majlinda Belegu / Language(s): English Issue: Special/2021

Vienna Convention is one of the most important conventions on trade of goods. It is one of the unified conventions on transport of goods from a country to the other. This convention had a unification effect towards unifying the obligatory law in the entire world. It has directly influenced the international trade and the transport of goods as well as the relationships between countries on the trade and the transport. It had influenced a lot the interstate relationships related to the free market and the customs and their unification, especially those between neighboring states that aspire membership in various international organizations. Hence it has achieved to unify the civil law in the entire world which was not achieved by drafting a Civil Code in Europe even though it was an attempt. Vienna Convention has its structure which is divided into several articles that are part of most of the domestic legislations in the countries of Europe. The author using methods of comparison analysis, systemic analysis and the historical analysis tries to analyze the impact of Vienna convention in the Kosovo positive domestic legislation.

Europos Sąjungos socialinių inovacijų skatinimo politika ir jos įgyvendinima

Author(s): Teodoras Tamošiūnas / Language(s): Lithuanian Issue: 1/2018

Research problem: the paper deals with the following problem questions: In which EU documents and how is the policy of promoting social innovation emphasised? How is the policy of promoting social innovation implemented in the EU? Research subject: EU social innovation promotion policy and its implementation. Research aim: to analyse EU social innovation promoting policy and its implementation. Research methods: Content analysis and generalisation of EU strategic documents, legislation and information materials, case studies of implementation of social innovation. In the European Union, innovation promoting policy is developed through strategic and legal regulation documents adopted in EU institutions. Investments into fundamental research dominate, the importance of application of innovations for the growth of the economy of the country is emphasised, and a broad concept of innovations is applied, encompassing the implementation of innovations in business and public sector. However, innovation promoting policy and its implementation seldom put an emphasis on social innovations as an important part of the general system of innovations; the place and the importance of social innovations for the social environment of the society are given insufficient attention. According to the newest understanding of the European Commission, social innovation is new ideas that meet social needs, create new social relationships and develop new forms of collaboration. These innovations can be products, services or models, which meet unsatisfied social needs in a more efficient way. Social innovation is a means integrating various interested parties for the realisation of social needs. Such understanding of social innovations is closely linked with other concepts, oriented towards meeting social needs, such as social company, social entrepreneurship, social economics, and social policy experimentation. Social innovations are based on the ingenuity of the population, civic society organisations, local communities, institutions and companies. They also offer an opportunity for the public sector and all participants of the market to ensure that products and services correspond not only to the individual but also to collective aspirations. Stimulating innovation, entrepreneurship and knowledge society are the main EU policy directions in “Europe 2020” strategy. Social innovations differ from other innovations in that their main aim is to create social change. In comparison with the general concept of innovation, social innovations have an additional motive, which is social mission and social values. The authors of social innovations can come from all layers of society, from public or private sector or from non-governmental organisations. Most often the most valuable sources of new ideas come from collaboration of different sectors. Various groups can make valuable contributions to social innovations: these are businessmen, experts, politicians, representatives of communities and civic society. They can act on different levels: from new ideas and pilot projects to implement them to the formation of the new policy. Social innovations play a major role in EU cohesion policy. The topics of these innovations are oriented towards thematic targets in the five spheres of investment policy: 1) research and development, 2) employment, 3) education, 4) social policy, 5) strengthening administrative abilities.

Legal Regulation of Public Governance in Finland – an Illusion of Predictable Public Administration?

Author(s): Niina Mäntylä,Laura Perttola,Kristian Siikavirta / Language(s): English Issue: 2/2015

Legal coherence and predictable decision-making are the cornerstones of Finnish administrative law. The aim of this research is to analyze the factors that make administrative decisions unpredictable in Finland today. Why is the challenge so significant for the authorities? The factor analysis revealed six main features affecting predictability in the legal regulation of Finnish public governance: the increasing use of soft law, the devolution of government, deregulation, the changing role of the individual, the blurring of the division between the public and the private sector and the influence of international and EU-law.

РИМСКИТЕ ФЛОТИ. МЕЖДУ ИНТЕГРАЦИЯТА И ГРАЖДАНСТВОТО

Author(s): Maria Casola / Language(s): Bulgarian Issue: 2/2021

In the study I Intend to examine some profiles relating to the organization of military fleets in the ancient Mediterranean and to integration policies in the military field, to their recruitment which have their roots in antiquity and, significantly, in the experience of Roman law.

THE HISTORICAL ROMAN PRECEDENT OF THE LEGAL PROTECTION OF NATURAL WATER RESOURCES

Author(s): Salvador Ruiz Pino / Language(s): English Issue: 2/2021

This study discusses certain situations involving the protection of natural resources by the Roman Law, some of them constituting the most remote antecedent of environmental protections that today constitute this branch of administrative law which the doctrine calls environmental law.

LA DIFESA DEL MARE NOSTRUM IN UNA COSTITUZIONE TEODOSIANA

Author(s): Mariateresa Carbone / Language(s): Italian Issue: 2/2021

The Justinian title “De poenis”, in CJ.9.47.25, severely punishes “Cives Romani” guilty of sharing information, regarding naval buildings, to the Barbarians. “Extremum supplicium” was inflicted upon the indicted. The “corpus Teodosianum” allows one to understand the reasons for the promulgation of this provision. With reference to CTh.9.40.24, this law gives an insight into the potential freedom granted to prisoners waiting for “extremum supplicium”. In the Theodosian version, the exceptional indulgence allowed towards episcopal figures, coming from within the Empire, is put in evidence. The omission of specific references made in CTh.9.40.24 from CJ.9.47.25, is attributable not only to the greater level of abstraction present in the Justinian code with comparison to the previous code, but also to ecclesiastical solicitations with regards to the established punishment.

Protection of Consumers in the Sphere of an Air Carrier’s Responsibility in the Event of a Flight Cancellation Due To a Strike of the Air Carrier’s Employees. Case Comment to the Judgment of the EU Court of Justice of 23 March 2021 Airhelp (C-28/20)

Author(s): Cezary Banasiński / Language(s): English Issue: 23/2021

The case annotation discusses consumer protection in the sphere of an air carrier’s liability for damages arising from a strike of its pilots, which was treated by the carrier as an extraordinary circumstance exempting the carrier from the obligation to pay compensation in the event of a flight cancellation. The Court of Justice interpreted the definition of ‘extraordinary circumstances’, both ‘internal’ and ‘external’ to the activity of the operating carrier, as the premise obliging or releasing the carrier from its liability.

Has the CJEU Made the First Step to Put a Stop to the Criminalisation of Migration? Commentary to the Judgement in the Case of JZ in the Context of the COVID-19 Pandemic

Author(s): Anna Magdalena Kosińska / Language(s): English Issue: 26/2021

The paper presents a critical discussion of the CJEU judgment in the JZ case (C 806/18), in which the Court interpreted Article 11 of Directive 2008/115 that regulates entry ban issuance. The author asks a question of whether an entry ban as a measure limiting the right to free movement has a moral and legal ground in international law and EU law. Moreover, the author focuses on the problem of the criminalisation of irregular migration - both in the context of the established line of the Court’s case law and in the case of a vague national law standard that penalizes illegal stays - the possibility to apply the criminal law concept of error in law and thus exclusion of criminal liability of an illegal migrant.

Polish, and Slovak, Women in the European Parliament: an Analysis of the Results of the Election Held in May 2019

Author(s): Dorota Lis-Staranowicz,Róbert Jáger / Language(s): English Issue: 26/2021

The objective of our paper is to analyse the political activity of Polish, and Slovak, women in EP elections; we aim to determine, among other things: whether gender quotas are a decisive factor for women’s electoral success, or do other factors result in an increase/decrease in the number of female candidates and the number of women MEPs? What are the particular characteristics of women representing Poland, and Slovakia, in the EP? What was their path to the EP? Which (conservative, liberal) parties are more willing to put women forward in EP elections? Poland introduced the so- called gender quotas into the electoral system, while Slovakia does not have such legal solutions in place. However, when comparing Slovakia to the situation in Poland, it can be stated that although there is a system of election quotas in Poland, its practical implementation may be purely theoretical. In percentage terms, the number of Slovak women elected to the European Parliament (except 2019) was significantly higher than in Poland, even though there is no quota system in the Slovak Republic. The success of Polish, and Slovak, women in the elections to the EP of the 9th term is the result of many factors, which include so-called electoral engineering (quotas, gender balance, first and second places on lists), electoral strategy of a party, but above all, political and social activity of the women themselves. We consider the last factor to be determinant in this respect.