Blaski i cienie członkostwa Polski w Unii Europejskiej na przykładzie implementacji unijnych przepisów o gwarancji jakości w obrocie konsumenckim

Author(s): Agnieszka Kubiak-Cyrul / Language(s): Polish Issue: 1/2014

This paper provides an analysis of the rules of consumer sales guarantees in polish civil law, which evolved under the influence of the Consumer Sales Directive. Implementation of the Consumer Sales Directive in the area of guarantees didn’t have a positive effect in Poland. Before the implementation, polish legal system offered advanced system of rules on consumer sales guarantees. Introducing the directive has resulted in lowering the level of consumer protection in this scope.

Types of Business Entities in Ukraine: Problems of Legal Regulation

Author(s): Oleksandr Kovalyshyn / Language(s): English Issue: 1/2014

Struktura organów spółdzielni w świetle przepisów ustawy z dnia 29 października 1920 r. o spółdzielniach na przykładzie Spółdzielni Spożywczej Pracowników Państwowych i Komunalnych w Końskich

Author(s): Dorota Wiśniewska-Jóźwiak,Monika Strzelecka / Language(s): Polish Issue: 1/2012

The cooperative movement in Poland began to take shape in the 19th century. The principles of its operation were governed by the laws of the three partitioning powers, which resulted in the dissimilar development of cooperative entities. After regaining of independence by Poland, such a status quo resulted in numerous problems and became the reason for intensified legislative work. The provisions of law were unified on 29th October 1920 when the Lower House of the Polish Parliament (Sejm) passed the Act on cooperatives. One of the cooperatives that had to adjust their activity to the newly introduced principles was the Cooperative of the Workers of State and Municipal Food Industry (Spółdzielnia Spożywcza Pracowników Państwowych i Komunalnych) in Końskie. Its members adjusted the organisation and activity of their cooperative to the provisions of the Act on cooperatives on the power of the annual general meeting held on 27th November 1921. The statute approved on that date contained provisions harmonised with the principles expressed in the Act and referring to the structure of the organs (managing board, supervisory board, and general meeting), their composition, the manner of appointing members and their operation, moreover fine-tuning them in certain areas, e.g. the drafting of the report from the cooperative’s operation in the previous budget year.

Výklad nakladatelského práva

Author(s): Ivo Telec / Language(s): Czech Issue: 3/1996

The document provides an interpretation of Czech publishing law, primarily based on Act No. 35/1965 Coll., concerning literary, scientific, and artistic works. It outlines the contractual relationship between an author and a publisher, where the author grants permission to publish a work, and the publisher commits to publishing and distributing it while paying the author a fee. The text emphasizes the exclusivity of the publishing contract, detailing conditions under which an author can seek another publisher. It also discusses the various forms of works that can be published, including literary, musical, dramatic, artistic, and photographic works. The document references numerous related laws and regulations, highlighting the legal framework governing publishing agreements. Additionally, it touches on the responsibilities and rights of both authors and publishers, including the handling of reprints and translations. The text also mentions historical and international perspectives on publishing contracts, providing a comprehensive overview of the subject.

K právnímu postavení sportovních oddílů a profesionálních sportovců

Author(s): Vladan Vala / Language(s): Czech Issue: 2/1996

The document discusses the legal status of sports clubs and professional athletes in the Czech Republic. Historically, athletes were considered employees of enterprises, often seen as amateurs despite receiving income for playing sports. Today, athletes are compensated for their actual performance, leading to complex legal relationships between athletes and clubs. The document highlights the lack of significant legal literature on this topic, both domestically and internationally. It examines the structure of sports clubs, which are mostly civic associations, and the financial aspects, including sponsorships, ticket sales, and player transfers. The document also explores whether sports activities can be considered a business activity and the implications of such classification. It delves into the legal definitions of professional athletes and their potential status as self-employed individuals or employees. The text concludes by discussing the challenges in defining the legal nature of sports clubs and the need for clearer regulations.

CENOWE POROZUMIENIA OGRANICZAJĄCE KONKURENCJĘ. RÓŻNORODNOŚĆ ORZECZEŃ. CASE STUDIES: KARTEL CEMENTOWY, KARTEL DROŻDŻOWY VERSUS SPRAWA SFINKS

Author(s): Monika Bychowska / Language(s): Polish Issue: 4/2022

Forbidden price agreements are one of the most serious violations of competition law. However, even such agreements are subject to relativization in terms of their market effects. Those price agreements, which are evidently easier to detect, at the same time less degrade the relevant market. The task of each competition protection authority is to effectively enforce competition law, which means that it is obliged to deal with the most important cases that may - in the absence of the authority’s intervention - lead to irreversible effects on competition.

ZABEZPIECZENIE INTERESÓW FIRMY W UMOWACH HANDLOWYCH Z KONTRAHENTAMI W CZASIE KRYZYSU

Author(s): Sławomir Obszyński,Natalia Korab,Sławomir Żurawski / Language(s): Polish Issue: 1/2023

The cornerstone of any company’s operation is ensuring its security. One of the most important tasks is to maintain financial security. The main purpose of the article was to indicate the differences in the level of financial security with counterparties with the introduction of appropriate provisions in contracts in this area and with the absence of such provisions and disorderly operation of the company in this area. In the first part, the authors describe the basics of the contract with counterparties. Then they characterize the basic contractual clauses, pointing out their important role in international contracts. The main part presents clauses protecting the company’s interests in commercial contracts with counterparties in times of heightened risk. In conclusion, it was noted that the absence of force majeure provisions in commercial contracts can have serious consequences for both parties. The main research problem was formulated: How should a company secure its finances in contracts when executing long-term contracts, during a crisis? What risks are incurred when such safeguards are not applied? The following hypothesis was adopted: the contract entered into should reflect the assumptions of both parties as best as possible and provide for solutions to most potentially contentious issues. Failure to include safeguard clauses in the contract can bring serious consequences for the future of both contracting parties. Verifi cation of the above hypothesis and obtaining answers to the above questions required the use of qualitative methods including critical analysis of legal acts, documents and selected items of literature on the subject.

Интервю с г-жа Петя Точарова, изпълнителен директор на Българската асоциация на музикалните продуценти (БАМП)

Author(s): Not Specified Author / Language(s): English,Bulgarian Issue: 3/2023

Ogólnopolska konferencja naukowa „Cyfryzacja – informatyzacja – cyberbezpieczeństwo. Perspektywy, szanse i zagrożenia dla administracji publicznej”

Author(s): Dominika Skoczylas,Paweł Śwital / Language(s): Polish Issue: 47 (1)/2024

Essays II/2023

Author(s): Kryštof Dvořáček,Hasan Can Özdemir,Jakub Raše / Language(s): English Issue: 28/2023

Selection of student essays on various topics concerning law and technology.

Úhrada „víceprací“ při dohodnutých změnách předmětu díla

Author(s): Patrik Sysel / Language(s): Czech Issue: 2/2024

The article deals with the effects of agreements on changes to the subject matter of the work on the price. Section 2614 of the Civil Code provides that in the case of an agreement to reduce the scope of the work, the price will be reduced if the parties have not agreed on the consequences for the price. However, the law does not define the consequences of extending the scope of the work or so-called qualitative changes. This is a difference from the source regulation in the Commercial Code, which dealt with all types of changes to the subject matter of the work. The literature does not agree on whether, with regard to the apparently intentional change in legislation, the regulation should be interpreted only in favour of the client, or whether the possibility of price increase can also be inferred through other statutory provisions. The article attempts to provide a convincing solution to the consequences of agreements on changes to the subject matter of the work, both in the context of interpreting the parties’ agreement and the dispositive statutory provisions. The article also contains recommendation for practice.

Criminal involvement in business

Author(s): Delia Magherescu / Language(s): English Issue: 1/2022

The current situation of criminality and its involvement in several economic fields reveal that a new generation of criminal activities has been developed. They are particularly viewed during the last decades in the field of business, some of them being committed in accounting, banking and financial areas. The interest for these areas is as big as the perpetrators have made substantive efforts in order to harmonize their modus operandi to the updated means of committing crimes in the field of business. The paper aims at analysing the forms of criminal activities as well as their involvement in the field of business, both from theoretical and practical point of view. The jurisprudence in criminal matters has been analysed and discussed from the perspective of the judicial bodies' ability to discover any form of economic crimes as well as to gather evidence in purpose to decide beyond an reasonable doubt on the crimes committed and the defendants ' guilt. The results obtained during the research activity conducted on this topic emphasize that a new trend of criminality in the field of business exists. It should be taken into account by the judicial bodies in purpose to combat and prevent as much as possible the forms of the criminal involvement in the field of business.

Covering the financial risks of companies in the HoReCa field through insurance contracts and methods of alternative dispute resolution (ADR) for these contracts

Author(s): Crenguţa Leaua,Laura Ramona Nae / Language(s): English Issue: 1/2023

The issue of financial risks of companies in the HoReCa field has acquired a new dimension with the situation of the COVID-19 pandemic, as they are forced to reevaluate their contractual risk allocation and financial loss coverage mechanisms. This situation generated a reassessment of the importance of insurance contracts, especially business interruption insurance. The interpretation of clauses in existing contracts that did not expressly refer to the pandemic situation increased the number of disputes generated by this lack of clarity. The present article represents a general presentation of the risks of the activity in the HoReCa field, of the insurance contracts specific to this field, as a way of addressing these risks. The article also refers to the methods of out-of-court settlement of disputes in the field of HoReCa insurance, respectively to the arbitration organised in this field, as well as to the alternative dispute resolution methods (ADR) used in Romania and at the level of the European Union

Presentation of the SSM guide to the method of setting administrative pecuniary penalties

Author(s): Ecaterina Labi / Language(s): English Issue: 1/2023

Article 18 of the SSM Regulation and Article 132 of the SSM Framework Regulation set out the basis for the ECB’s administrative pecuniary penalties’ regime. Under Article 18(1) and (7) of SSM Regulation, the ECB (via its decision making body, Governing Council) may, impose administrative pecuniary penalties on supervised entities, in case of an intentional or negligent breach of (i) a requirement established by directly-applicable acts of Union law where administrative pecuniary penalties are available to competent authorities or (ii) a requirement provided for in ECB regulations and decisions. Within the exercise of its power to impose such penalties, the ECB enjoys a wide margin of discretion within the limits set by SSM Regulation and Regulation (EC) No. 2532/98. In this respect, the penalties applied must meet the criteria set out in Article 18(3) of SSM Regulation: they must be therefore “effective, proportionate and dissuasive”. Furthermore, the ECB may not exceed the limits specified in Article 18(1) of SSM Regulation and Article 4a (1) (a) of Regulation (EC) No 2532/98. The ECB may impose penalties of up to 10% of a bank’s total annual turnover in the preceding business year, or twice the amount of profits gained or losses avoided as a result of the breach, where those can be determined, as set in Article 18 of the SSM Regulation.

Liability of content sharing platform providers and other intermediary service providers for copyright infringement in the light of the Digital Services Act

Author(s): Anikó Grad-Gyenge / Language(s): English Issue: 2/2023

The internal copyright market of the European Union has been shaped by more than two decades of intense legislative activity. The most recent, decisive step in this process was the adoption of the so-called CDSM Directive, which also marked the end of the copyright reform process announced in 2010. The Directive is a mixed piece of legislation which has amended the copyright acquis on a number of points and opened new areas of harmonisation. Although the Directive has a horizontal scope, covering a wide range of copyright topics, it has only addressed a limited, but crucial, aspect of the operation of content sharing (platform) service providers. Research on this topic is in its infancy. Within the framework of the research programme, this paper examines - primarily from a copyright perspective - the question of how intermediary service providers, covered by the E-commerce Directive, the (partially) exempted service providers and the service providers covered by the CDSM Directive are affected by the DSA and what consequences this may have for the development and operation of copyright content providers, in particular with regard to the access to copyright content.

Poland’s tax treaty policy in the post-BEPS era an overview

Author(s): Ziemowit Kukulski / Language(s): English Issue: 2/2023

This paper deals with Poland’s tax treaty policy in the post-BEPS era. The author analyses the impact of the MLI, and changes introduced to the OECD and UN Models in2017 on tax treaties Poland is party to in post-BEPS era. The study concentrates around the research question of whether these tax treaties could be seen as a pattern for the future in the area of implementation of anti-BEPS measures.

Unshell directive proposal – a Pandora box of unrealistic benefits, unjustified reasons and unforeseen indirect consequences

Author(s): Mădălina Cotruț / Language(s): English Issue: 2/2023

The author raises questions on the reasons and benefits specifically declared by the European Commission in the documents prepared for promoting the Unshell Directive Proposal among EU Member States with the view to assess if they prove sufficient for its implementation. Furthermore, the overview is supplemented with the analysis of consequences that may indirectly affect the taxpayers on the EU market and the tax authorities from all the EU Member States. The author questions if this proposal is really needed considering that it brings many uncertainties for both taxpayers and tax authorities.

Sprawność kontroli przedsiębiorcy – uwagi de lege lata i de lege ferenda

Author(s): Anna Hołda-Wydrzyńska / Language(s): Polish Issue: 64/2024

The subject of the article is the legal regulation of the conduct of inspections in an efficient and non-disruptive manner for entrepreneurs. The purpose of the paper is to analyze the provisions adopted in Chapter 5 of the Entrepreneurs Law from 6 March 2018, entitled Restrictions on inspection of business activity, from the point of view of the implementation of the principle of efficiency of inspection proceedings, referred to in Article 52 of the Law. The author discusses the rules on the proper notification of the business of the initiation of inspection proceedings, the limits on the duration of the inspection, the rules on the time and place of the inspection, as well as the issue of the prohibition of concurrence of inspections. Based on the analysis of the Polish legislation, a postulate was formulated to refrain from introducing new exemptions and derogations from the current rules of control and legal solutions were proposed that could positively affect the realization of control efficiency. As noted, the current legislation, as well as the accepted practice, in principle allows to claim that the legislation de facto and de iure does not protect entrepreneurs from excessive inconvenience of control proceedings.

WINTER ELSA LAW SCHOOL "WELS Niš" 2024

Author(s): Lenka Sekulić,Vuksan Jovanović,Nađa Milić / Language(s): English Issue: 1/2024

In this report, we present the results achieved in the Winter ELSA Law School (WELS) Niš, organized in the period from 18 - 25 February 2024 by ELSA Niš. The WELS project aims to allow students from various European countries to acquire new knowledge from different spheres of legal life, make new friendships, and connect with other young lawyers across Europe. The local group ELSA Niš organized this event for the first time in February 2024. In addition to the rich academic program on the topic of “Business Law and IT Law” prepared for the WELS Niš participants, the local group ELSA Niš managed to present the City of Niš and the Serbian culture to our friends from all over Europe. During the five-day event, held on the premises of the Science and Technology Park Niš and the Faculty of Law, University of Niš, our lecturers covered a range of topics which included: the legal framework of information technologies in the European Union, the legal regulation of blockchain technology, strategies for the defense of a joint-stock company against a hostile takeover, the phenomenon of mass tort claims, and many more up-to-date topics in the sphere of Business Law and IT Law. The lecturers who generously participated in the WELS Niš are prominent experts in their fields, including well-known lawyers, businessmen, and professors from the Faculty of Law, University of Niš.

Implementation of Article 18 of the Consumer Protection Law in Express Delivery Companies in Denpasar City, Indonesia

Author(s): I Made Dedy Priyanto,I Made Sarjana,I Made Subaw / Language(s): English Issue: 8/2023

This study aims to investigate the implementation of Article 18 of the Consumer Protection Act on express delivery companies in Denpasar City. The research employs a statutory and factual approach as part of empirical legal research. Data collection involved interviews with relevant parties from express delivery companies and the use of secondary data from legal literature and regulations related to the research topic. The data was processed qualitatively to gain an in-depth understanding of the issues under investigation. The results revealed that Article 18 had not been fully implemented by express delivery companies in Denpasar City, particularly concerning certain aspects such as § 1 (a, c, e) and § 2. This non-compliance is attributed to companies prioritising efficiency and profit over legal compliance and inadequate supervision of the agreement letter for goods transportation. Comprehensive law enforcement must cover all aspects regulated in the legislation, ensuring that stipulated regulations are followed appropriately by the law. Additionally, formulating relevant public policies is essential to encompass all aspects of the code, including the incorporation of provisions in Appendix II of Minister of Transportation Regulation No 60 of 2019 concerning Minimum Service Standards for Special Goods Transport, as well as Articles 56, 71 (§ 1), 80 (§ 4) of the same regulation.