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Effects of the Opening of Insolvency Proceedings under the EU Regulation No. 1346/2000 on Pending Arbitration Proceedings

Author(s): Silvie Mahdalová / Language(s): English Publication Year: 0

This paper deals with effects of the opening of insolvency proceedings under the Council Regulation (EC) No 1346/2000 of 29 May 2000 on insolvency proceedings (“Insolvency Regulation”), on pending arbitration concerning asset forming part of the insolvent estate.The present article offers determination of collective character of insolvency proceedings compared to the private character of arbitration brought by an individual creditor and emphasizes the necessity to regulate their mutual interaction. The author analyzes relevant provisions of the Insolvency Regulation and its revised version in order to verify whether its framework establishes rules for determination of the law applicable to effects of the insolvency proceedings on pending arbitration.

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Are the Days of the “Italian Torpedo” Numbered?

Author(s): Pavel Šidla / Language(s): English Publication Year: 0

The paper examines the interaction between arbitration and court proceedings from the perspective of European international procedural law and the phenomenon of the “Italian torpedo”. It deals mainly with two questions, namely what impact Brussels I bis Regulation will have on arbitrations in the EU, whether the “West Tankers’ case” was really decided wrongly, or rather, whether the CJEU had any other option, if we take the so called “Brussels’ effect” into consideration. Another important question this paper deals with is whether the “Italian torpedo” can be under Brussels I bis’ regime torpedoed, by allowing to enforce an award obtained in parallel arbitral proceedings and effectively “sidestep” the CJEU’s controversial decision in the West Tankers litigation, as it was the case in High Court’s decision in the West Tanker’s case.

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International Investment Arbitration: Investor-to-State Dispute Settlement in EU Agreements

Author(s): Martin Švec / Language(s): English Publication Year: 0

The Treaty of Lisbon conferred new exclusive competence in the field of foreign direct investments on the European Union. It seems that 50-year-old fragmented system of investment law, based on bilateral investment treaties, took a new direction towards a comprehensive European international investment policy. Popularity and efficiency of international investment agreements derive mainly from the concept of investor-state dispute resolution (investment arbitration). New competences of the EU significantly impact on the resolution of disputes.

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The EU Green Deal and the future of the EU business law - scenarios for legal evolution

Author(s): Oleg Zaichuk,Yuri Zaichuck / Language(s): English Publication Year: 0

The ongoing transition away from fossil fuel presented a number of challenges for the EU and its legal profession. According to the EU official statistics, the EU is on its way toward becoming the first carbon neutral region of the planet. However, even Germany is struggling to generate enough electricity from its renewables and actively pursuing "strategic alternatives". The EU is actively looking into introducing a so-called carbon adjustment on its border to create a level field for its own companies. However, at the same time, the EU is heavily dependent on exporting its goods to the very same countries which actively resist EU's plan to charge the carbon border duty on their ex- ports to the EU while EU's competitiveness and share of the world's trade is slowly but inexorably falls behind the rest of the world. The future of the EU business law and the outcome of the EU green transition depends on the speed of the technological progress which is highly uncertain. It is this evolution of technology which would determine the future of the EU business law whether EU's political actors accept it or not.

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Term of office as an indicator of independence of the antitrust authority in the implementation of the ECN+ Directive: experiences of Polish law and of the Polish antitrust authority

Author(s): Rafał R. Wasilewski / Language(s): English Publication Year: 0

Whether in the European Union or elsewhere in the world, there is no universal model an antitrust authority could be patterned against. Instead, administrative, judicial and mixed bodies are present. For the proper performance of the functions entrusted to them, it is necessary to ensure that these bodies remain free from political influence. The need for such independence of antitrust authorities is clear from the ECN+ Directive, which Member States are required to implement. In the article, an attempt was made to assess whether the provisions of the ECN+ Directive introduce specific requirements as to the term of office for officeholders in antitrust bodies and examine what solutions have been adopted to this end in Polish law. The Polish antitrust authority is the President of UOKiK, which is currently an office without term. However, in the course of implementing the ECN+ Directive, different solutions have been designed, establishing that this authority should indeed operate against a fixed-term model. On the basis of historical legal acts, current normative acts, draft bills and the findings derived from the literature and case-law, the question should be answered whether term of office is an indicator of the independence of an antitrust authority. The research methods adopted to this end are the dogmatic and historical-legal approach.

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Пророгация на международна компетентност по въпроси, свързани с имуществения режим между съпрузи по Регламент (ЕС) 2016/1103

Author(s): Kristian Raychev / Language(s): Bulgarian Publication Year: 0

Council Regulation (EU) 2016/1103 recently adopted through an enhanced cooperation by the European Legislator creates a structure of norms, regulating all the international private law aspects of matrimonial property regimes as a result of the couple’s separation or the death of one of the spouses. This report aims to examine the scale of connecting factors for the purposes of determining jurisdiction, emphasizing the role of the autonomy of the parties as a possibility for choosing a court in certain cases.

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Възможност за участие на трето заинтересовано лице в производството при отнемане на имуществото му в полза на държавата - гаранция за защита на правото на собственост, регламентирано в КЗПЧОС и правото на ЕС

Author(s): Antoniy Gatov / Language(s): Bulgarian Publication Year: 0

The hereunder article aims to propose an analysis of the compliance of several provisions in the Bulgarian Criminal Code and other special Acts regarding the confiscation of property, with Article 1, Protocol I to the European Convention on Human Rights and the European Union Charter of Fundamental Rights. More precisely – when the property is being confiscated even when it is not owned by the perpetrator. The author has examined various positions held in the doctrine and the case law, both at national and European level, based on which has formed a conclusion and has proposed a potential solution to the problem.

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Оценка на въздействието върху околната среда в Република България

Author(s): Georgi Penchev / Language(s): Bulgarian Publication Year: 0

This scientific study is dedicated to some current problems of the legal regime of the environmental impact assessment in the Republic of Bulgaria. The attention is paid to the legal essence and stages of development of this administrative procedure under the Environmental Protection Act of 2002. In the conclusion some more general conclusions from the existing legal regulation as well as suggestions for its improvement are made.

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Стопанският подкуп по българското наказателно право

Author(s): Mariya Mihaylova / Language(s): Bulgarian Publication Year: 0

The Bulgarian legislator is faced with the challenge and the need to re-evaluate its punitive policy to protect the normal functioning of the economic system. When regulating such a matter, it is necessary to look for a balance of values and interests, as on the one party is the public interest requiring a stable and workable economy and on the other party stands the private interest requiring certain limits of the state regulation.

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Art. 2b ustawy o kształtowaniu ustroju rolnego – wybrane zagadnienia i problemy

Author(s): Jakub Hełka / Language(s): Polish Publication Year: 0

The aim of this article is to prove the problems of article 2b of Act of 11 April 2003 on Formation of Agricultural System. Author analyzes legislative process, and then compliance of those regulations with constitution and European Union law. Then author analyzes problems of using this article in practice – its material and temporal scope. Then author also analyses article’s exemptions.In conclusion, author includes his opinion about validity of those regulations and its impacts on economical and agricultural situation in Poland.

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Zmiana przeznaczenia gruntów rolnych oraz wyłączenie z produkcji rolnej

Author(s): Grzegorz Zębik / Language(s): Polish Publication Year: 0

Agriculture conservation system in Poland limits possibility of utilization of farmlands for nonagricultural purposes. According to Farm and Woodland Conservation Act before changing character of farmland it is necessary to obtain permission to change of farmland designation for nonagricultural goals and exclusion of land from agricultural production. Main focus of this article is primarily to explain above mentioned procedures and create a guide for them. Furthermore this article would also address an issue of farmland conversation range.

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Ubezpieczenia majątkowe w rolnictwie – konieczność czy przywilej

Author(s): Ewa Gryczyńska / Language(s): Polish Publication Year: 0

The purpose of my deliberations is to draw the attention to the critical role of property insurance in agriculture. Risk reduction and consequently greater financial stability allows more efficient use of the available funds and development of farms, increasing their innovation. Farmers omission to buy insurance and the application of passive risk reduction forms, including collection of financial reserves or avoiding obligations contracted in the form of credits, has a negative effect on agriculture. Agriculture is a type of operations of natural persons bearing a higher degree of risk. It is caused by the specific nature of agricultural production which is exposed to a number of unfavorable factors: biological, technological, price risk as well as weather or climatic conditions, which, in the era of global warming, are stronger and more frequent. A farmer is often unable to prevent the effect of events prevailing in this area of the economy. Property insurance is a broad notion, its scope includes asset insurance and civil liability insurance. There are three types of mandatory insurance. I will thus attempt to look at the balance of profits and losses concerning the decision to conclude an insurance contract in the context of the legal regulations, among others, cultivation insurance subsidies. I will determine whether insurance is a necessity or privilege, or perhaps both a necessity and a privilege.

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Restrukturyzacja zadłużenia podmiotów prowadzących gospodarstwo rolne jako systemowy element ochrony i wsparcia działalności rolniczej

Author(s): Kamil Barc / Language(s): Polish Publication Year: 0

The subject of the article focuses around analysis of new solutions in the field of restructuring debts resulting from agricultural activity. At the beginning of the article, the author distinguishes the rules which are in the legislation. In the latter part, he carries out a thorough analysis and critical assessment of the newly introduced laws concerning the debt assessment from the debt owner and transferring it to the KOWR. While the author appreciates the reaction of the legislator, he also notices some loopholes in the proposed solutions and puts forward his own regulations to complement them and make their interpretation easier when applying them.

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Zbycie udziału w spółce z ograniczoną odpowiedzialnością a uprawnienia KOWR

Author(s): Jakub Zamojski / Language(s): Polish Publication Year: 0

The article presents in a systematic way the provisions concerning the disposal of shares in a limited liability company in accordance with the provisions of the Code of Commercial Companies as well as presents contractual ways to protect the company against the disposal of shares by its shareholders. The paper also discusses the problem of joint and several liability in case of sale of shares and the situation when a limited liability company is the owner of agricultural property and a shareholder decides to sell his share. The article then presents the practical implementation of the right of pre-emption vested in the National Agricultural Support Centre and describes cases in which the National Agricultural Support Centre is not entitled to the right of pre-emption. Then, the procedure enabling the National Agricultural Support Centre to exercise its pre-emptive right is presented together with an analysis of legal requirements. Finally, the article presents legal consequences of a breach of the Act on shaping of the agricultural system.

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Produkt z pogranicza vs środek spożywczy. Zagadnienia klasyfikacyjne

Author(s): Monika Łata / Language(s): Polish Publication Year: 0

Sometimes it may be unclear whether a particular product is a food (foodstuff) under food legislation or whether it falls under other sectorial legislation. In the case of these „borderline products”, the decision on a product’s classification must be taken on a case-by-case basis. In the article there is an analysis of classification issues as well as it attempted to answer the question of „what shall we do with borderline products?”. The author considers most of all judgments of the Court of Justice and polish courts in the context of European Union food law, Polish food law and Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal products for human use (and polish pharmaceutical law).

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„Może zawierać…” – o niezamierzonej obecności alergenów w żywności słów kilka

Author(s): Aneta Bąk / Language(s): Polish Publication Year: 0

According to the World Allergy Organization (WAO), there are more than 240 million people living with a food allergy worldwide. As this number is constantly increasing, it is essential to provide consumers with clear and not misleading information on the characteristics of the foodstuffs on the market, enabling them to make informed choices and consume safely. The aim of this study is providing consumers with voluntary information on the unintended presence of allergens and intolerant substances in food by means of the term ‘may contain…’ and similar. It is all the more important that despite almost 8 years of Regulation 1169/2011 being in force, this issue still remains vague, raising further doubts as to the correctness and effectiveness of the solutions. The article brings closer the current state of the regulations on consumer information about the possible presence of allergens in food and their impact on the possible designation of a food product as dangerous within the meaning of Article 14 of General Food Law. The presentation takes into account the previous views of the doctrine on the issue of voluntary food labelling, changes that have taken place in practice within the presented issue as well as the arguments accompanying individual food law entities. Moreover, the solutions proposed so far with regard to the use of the term “may contain…” and their impact on consumers’ health protection will be verified.

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Wymogi prawne w zakresie informacji na temat żywności dla niemowląt i małych dzieci ze szczególnym uwzględnieniem reklamy

Author(s): Marta Łanoch / Language(s): Polish Publication Year: 0

Food for infants and young children is a category of food that requires specific regulation in terms of its safety, quality, as well as labeling and advertising. The creation of appropriate legal regulations regarding the provision of information on food for infants and young children is important because the group of recipients of this information requires exceptional protection. This task creates considerable problems because this group is heterogeneous. The recipient of the information may be a parent, doctor, pharmacist or the child himself. With this in mind, it is extremely important to construct appropriate legal regulations that will not create opportunities to circumvent them, so that they meet the purpose for which they were established.

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Ewolucja europejskiej regulacji prawnej w zakresie upraw GMO

Author(s): Anna Maria Rizzo / Language(s): Polish Publication Year: 0

The scope of this article is to present the fundamental review of European Union legislation in reference to the implementation of genetically modified organisms (GMO) in cultivation. The research described in this article covers the analysis of EU directives in recent years and general policy regarding the application of GMOs. This analysis aims to isolate and understand the direction in which legislative works are headed in agriculture development. The overall analysis of European Union legislation reveals that it is somewhat reluctant when it comes to applying GMO technology, even though the global research has shown many positive effects that it could have on agriculture. When analyzed, the situation of law and GMOs seems to be stagnant for a long time.

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Европски зелени договор и стратегија од "њиве до трпезе", за праведан, здрав и еколошки прихватљив прехрамбени систем

Author(s): Nataša Stojanović / Language(s): Serbian Publication Year: 0

The European Commission, being aware of climatic changes and biodiversity losses, caused primarily by human activities, presented both to the European and the world public the European Green Deal on 11 December 2019. The basic goal of this legal document is the transformation of the European Union into a fair and prosperous society with a modern, efficient and competitive economy, where greenhouse gas emission will not exist in 2050 and where economic growth is not conditioned by the use of resources. An integral part of the European Green Deal is the Farm to Fork strategy, for a just, healthy and ecologically acceptable food system, dated 20 May 2020,providing an entire set of measures and activities that the European Union Member States must undertake to reduce adverse influence of agricultural production, fishery and aquaculture on people’s health, environment and biodiversity. Additionally, the purpose of this Strategy is the transition to a sustainable food system that guarantees safety in food provision and access to healthy foodstuffs, simultaneously providing income sources to all the active participants in the food production/ supply chain. The author analyses solutions contained in the European Green Deal related to the creation of a sustainable, just and healthy food system in the Farm to Fork strategy,aiming to shed light to their positive and negative sides, and particularly to any effects they may have on people’s health, environment and biodiversity.For the purpose of this paper, the following methods are used: legal and dogmatic, normative and legal, and sociological methods. Irrespective of the fact that the Republic of Serbia is still not a full member of the European Union, the author advocates in her paper the implementation of solutions and ecological and legal mechanisms, standardized in the European Green Deal and in the Farm to Fork strategy in Serbian law, in order to facilitate the creation of a sustainable food system.

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Међународни стечај банака у контексту УНЦИТРАЛ модел закона о прекограничној инсолвентности и јединственог механизма резолуције ЕУ

Author(s): Damjan Danilović / Language(s): Serbian Publication Year: 0

This paper analyzes key aspects of international insolvency of banks. Peculiarities of loan and deposit transactions along with internationalization of their operations make banks prone to generating negative systemic effects, situation which calls for consolidated monitoring in banking. This approach may lead to specific solutions concerning international bankruptcy in banking. International jurisdiction over bankruptcy of banks is determined in a different manner compared to jurisdiction over non-financial entities and is to be carried out on the principle of universality. International bankruptcy of banks will be analyzed in the context of relevant sources of law such as UNCITRAL model on cross-border insolvency which represents important legal instrument of harmonization of laws in this area and EU single resolution mechanism in which international bankruptcy procedure reached the ultimate stage of integration.

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