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Finansowanie zielonej rewolucji za pomocą umów power purchase agreement

Author(s): Dariusz Michalski,Paweł Hawranek / Language(s): Polish Issue: 2/2021

The article discusses important issues related to financing investments in renewable energy with the use of power purchase agreements (PPAs). Further development of green energy should be expected and will be closely related to the development of green finance. The attractiveness of energy from renewable sources results from forecasts regarding the increase in the competitiveness of renewable energy in comparison to electricity from conventional power plants burning fossil fuels. The authors also indicate the increasing significance of the climate risk, which becomes an impulse for the development of green finance, creating instruments for responding to this risk. As a result of lowering investment costs, renewable energy sources (RES) are becoming the cheapest way to develop generation capacity in the global power industry. As a result, on many markets, the purchase of renewable energy for the needs of large industrial plants is competitive in comparison to the traditional power industry. The purchase of electricity from RES makes also possible to protect against price fluctuations caused not only by changes in the prices of fossil fuels, but also by greenhouse gas emission allowances, or the impact on energy prices of the climate change protection policy. Since the production of electricity is not the core activity of industrial plants, it is difficult to obtain positive decisions of owners to invest in renewable energy. Hence, the use of PPA instruments, that are not related to direct capital investments and the construction of fixed assets, is becoming popular. Importantly, PPAs ensure the liquidity of the market risk hedging in the long run, much longer than the liquidity of the futures market. That is why the article discusses the specificity of various types of PPAs and the risks associated with them.

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Nakaz zaprzestania wydobycia węgla brunatnego w kopalni Turów nałożony w ramach środków tymczasowych zarządzonych w sprawie C-121/21 R (postanowienie Wiceprezes Trybunału Sprawiedliwości z dnia 21 maja 2021 r.)

Author(s): Konrad Zawodziński / Language(s): Polish Issue: 2/2021

By order of 21 May 2021 in case C-121/21 R, the Vice-President of the Court of Justice ordered the cessation of lignite mining at the Turów mine. The ruling came in a case arising from action for infringement initiated by the Czech Republic against the Republic of Poland. The case illustrates the Court’s approach to assessing the credibility of a complaint and the urgency of injunctive relief. While there is no doubt about the possibility of providing interim legal protection in actions for infringement, there are reservations about the fact that the measure imposed by the Court of Justice goes beyond the permitted content of the judgment concluding the proceedings.

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Soft law jako instrumentarium zabezpieczające ochronę uczciwej konkurencji na rynku kapitałowym – zagadnienia wybrane

Author(s): Grzegorz Sęga / Language(s): Polish Issue: 1/2021

The aim of this article is both to show the real influence of soft law type regulatory solutions used to ensure fair competition in capital market trade and presenting the impact of soft law regulation in relations between supervisory bodies, institutional participants in capital market trade and the clients of those institutional capital market participants.

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Soft law – współczesny instrument regulacji życia gospodarczego

Author(s): Monika Iwaniec / Language(s): Polish Issue: 5/2020

This study focuses on the nature (Part II), functions (Part III) and legal effects of soft law instruments (Part IV) both in the national and international system. Its aim is to construct a theoretical and practical framework for legal compliance (in particular in the form of: guidelines, communications, compliance programmes, best practices, etc.) – in the discourse of national and EU courts. Courts do not convert soft law into hard law, but subject it to judicial interpretation and/or recognition. Recognition and binding force are used in cases where the judiciary clearly interprets – that is, agrees or disagrees with the content of the non-binding acts, or treats their content implicitly but in a circular manner – that is, without express reference to soft law instruments in the judgment, but rather more to moral, ethical norms and customs. The dynamic changes that are taking place in social life today are influencing changes that are related to the formalization of the sources of international law. Soft law should not be considered a ‘normative disease’ but rather, a symbol of the present day and a product of necessity. The strength of the state depends on the coherence of the law and the environment of non-legal regulations created, in particular, by large corporations, and which exert a significant influence on entities that conduct economic activities. Multicentricity, multisource, multi-level structure and the power of ‘soft law’ lead to the transformation of the law and changes in its functions. The aim of the article is to present the problem of applying soft law in practice, to draw attention to the ‘fictitious’ assumption that it has no binding force (in legal theory), but has a strong impact and fulfills many important functions in practice, mainly in economic law – hence its special place and role in the legal system.

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Odpłatny charakter „darmowych” usług Facebooka. Teza z wyroku Regionalnego Sądu Administracyjnego Lazio (Rzym) z 10 stycznia 2020 r. w sprawie Facebook, sygn. 261/20

Author(s): Marcin Kulesza / Language(s): Polish Issue: 4/2020

The article presents a thread of a decision of the Italian competition and consumer protection authority and of a judgment of the administrative court deciding the case on an appeal, regarding the acknowledgement of the economic value of data provided to Facebook by users subscribing to its service. The court confirmed the AGCM’s finding that data have such economic value and, therefore, the transaction of service subscription is mutual and, further, it creates certain operator’s obligations towards the user treated as a consumer. It is the first instance of such a decision of an authority or of a court of an EU Member State.

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GERMANY’S RESPONSE TO THE COVID-19 PANDEMIC – A REVIEW OF THE MAIN LEGAL SOURCES, THEIR APPLICATION AND LEGAL QUESTIONS DERIVING THEREFROM

Author(s): Renate Penßel / Language(s): English Issue: 1/2020

The Federal Republic of Germany and its Länder responded to the uncontrolled spread of COVID-19 in March 2020 by ordering the most severe encroachments on fundamental rights in their previous history (like the prohibition of all events and gatherings of people, the closure of community and recreational facilities, of gastronomy and most shops, partially even a general curfew). The debate about the legality of these measures lead to a parliamentary reversion of their legal basis, the general clause for measures to fight an infectious disease, included in the “Protection against Infection Act”. This article examines how this general clause and other provisions in German law have been developed and applied during the course of the crisis in order to obtain control over the spread of COIVD-19. It reflects the conformity of these developments and application with the requirements of the German constitution (especially with the guarantee of fundamental rights, the rule of law and the requirement of democratic legitimation) and documents, how they have been reviewed by jurisdiction up to now.

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THE IMPACT OF COVID-19 ON PORTUGUESE PUBLIC SERVICES: MINISTRY OF JUSTICE

Author(s): Pimenta Martins Chandra / Language(s): English Issue: 1/2020

The present paper aims to analyse the measures which were taken during the last five months by the Portuguese Government in order to face the disease caused by the new coronavirus (SARS-COV-2). The official name assigned to it by the World Health Org

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BRIEF CONSIDERATIONS REGARDING THE IMPACT OF THE NEW CORONAVIRUS ON FUNERALS: THE FRENCH EXAMPLE

Author(s): Silviu Dorin Şchiopu / Language(s): English Issue: 1/2020

Following the declaration by the World Health Organization on 30 January 2020 of a Public Health Emergency of International Concern, the French High Council of Public Health (HCPH) was asked by the General Directorate for Health – which prepares the public health policy – to issue safety and security recommendations on the management of confirmed cases of infection with the new coronavirus. A few days later, HCPH was asked to answer additional questions and make recommendations concerning in particular the action to be taken in the event of the death of a patient infected with the SARS-CoV-2 virus. In view of the knowledge available in February and the still emerging nature of the virus, the first opinion, dated 18 February 2020, recommended maximalist measures. Due to the evolution of knowledge, the epidemic and the number of deaths, on 24 March 2020, the HCPH issued a new opinion which replaced the previous one. The latter recalls that, in the care of deceased persons, strict compliance with hygiene rules and physical distance measures must be observed, but also to respect – in their diversity – the cultural and social practices around the body of a deceased person, especially with regard to the ritual cleansing of the body by persons designated by the next of kin, as well as the possibility for them to see the face of the deceased before the final closing of the coffin. However, on 1 April 2020 a decree established that the deceased affected or probably affected by COVID-19 at the time of their death are subject to immediate encoffining, the mortuary toileting is prohibited as well as any conservation (thanatopraxy) care. In view of the foregoing, this short paper examines the impact of the current pandemic on funerals from the perspective of French legislation, without overlooking some aspects of comparative law.

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RAZLOZI ODBACIVANJA PONUDA U POSTUPCIMA JAVNIH NABAVKI

Author(s): Slaviša Bjelogrlić / Language(s): Bosnian Issue: 1/2021

The paper analyzes the provisions of the Law on Public Procurement that refer to the reasons for rejecting requests for participation or bids in public procurement procedures. The paper points out the shortcomings and insufficient precision of the current legal provisions of the topic, with a proposal to improve existing solutions, all in order to avoid difficulties in the process of evaluation and evaluation of bids in public procurement procedures, which often lead to (unnecessary) appeals and court proceedings.

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EMPLOYEE’S CONSENT FOR PSYCHOLOGICAL SERVICES. BRIEF CONSIDERATIONS

Author(s): Dana Volosevici / Language(s): English Issue: 2/2020

Starting with recruitment and selection, throughout the employment relationship and until its termination, the intervention of the psychologist is recommended for the evaluation of the candidates and later of the employees. Employees are, as specified in the Code of Ethics of the profession of psychologist, partially dependent persons, as the decision and informed consent are divided by two or more parties, respectively the employer and the employee. The article analyses some aspects related to how the situation of legal dependence of the employee on the employer has an ethical and legal impact on obtaining the employee’s regarding the psychological services.

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APPLICATION OF THE DISCIPLINARY OFFENSE OF THE WRITTEN REPRIMAND. CASE STUDY

Author(s): Dragos Lucian Radulescu / Language(s): English Issue: 2/2020

Labor discipline is a legal institution related to the obligation of employees to comply with the system of internal rules of employers, as well as those resulting from the content of the individual employment contract. The legal relationship between the employee and the employer is one of subordination, this implying specific rights and obligations, imposed by the work discipline, their non-observance leading to the possibility of applying disciplinary sanctions. In the context of the COVID-19 pandemic, the obligation of the civil servant to comply with the superior's order becomes essential, the county public health directorates being in the forefront of the fight against the virus. The article refers to the disciplinary sanction of the warning, applied to the civil servant for violating the work discipline, in the context of blocking the activity of the department, by non-compliance with the internal audit service, with reference to internal regulations, labor agreements, and individualization of the sanction, motivation and procedural approach.

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Animal Protection in Hungary: A Multilayer System Based on an Administrative Approach

Author(s): István Hoffman,Bernadette Somody / Language(s): English Issue: 3/2021

Animal protection has a long tradition in the Hungarian legal system. It can be interpreted as a multi-layer model, but the major approach of animal protection has an administrative nature. Originally, animal protection was interpreted as protecting farm animals as resources. Even though new layers have been evolved, the agricultural-administrative approach remained. The second layer is based on the protection of health and healthy nature. Animals are even protected as part of the natural environment and ecosystem and their protection is part of securing the biodiversity in Hungary. Although animal cruelty is a criminal offense in Hungary, the penal law approach is consistent with administrative law as it is based on the institutional protection of the fundamental right to health and a healthy environment. The law acknowledges that animals are capable of feeling, of suffering. However, animal protection stems from the state’s objective - subjectless - duty to protect the environment and humans’ living conditions. Its ultimate aim is to protect humans.

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Sprawiedliwość administracyjna w świetle Kodeksu prawa kanonicznego z 1983 r.

Author(s): Grzegorz Leszczyński / Language(s): Polish Issue: 45/2019

Taking up the value of administration in the law of Church, the author begins his reflections with a look at the history of administration of the Church. Then, he describes the different forms of administrative acts to define the fundamental forms of administrative recourses. The last part of the author’s reflections is devoted to the conclusions and the future of the administrative law in the Church.

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Judicial review in competition cases in Croatia: Winning and losing arguments before the High Administrative Court of the Republic of Croatia

Author(s): Dubravka Akšamović / Language(s): English Issue: 22/2020

The paper provides a systematic insight into judicial control of Croatian Competition Agency (CCA) decisions in Croatia. Its first part will explain how the applicable model of judicial control and CCA powers were changed over the years. The central part of the paper will be dedicated to the current model of judicial control of CCA decisions, to the powers of the High Administrative Court of Republic of Croatia (HACRC) and to the scope of judicial review in competition cases. In the last part of the paper, the author will present the results of a survey on the most successful and unsuccessful appeal arguments in competition cases before the HACRC in the five year period from 2015 until 2020. In its conclusion, the author will give a critical review of the quality and adequacy of the current model of judicial control in competition cases in Croatia, and will suggest changes that would, in the authors view, result in significant improvements.

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Competition Enforcement Models in the Western Balkans Countries – The Rule of Law Still Terra Incognita?

Author(s): Dijana Marković-Bajalović / Language(s): English Issue: 22/2020

The administrative model of competition law enforcement is the prevailing model in the EU Member States. Although Member States are free to choose between the administrative and the judicial model or their combination, many of them opted for the administrative model taking the EU model as an example. The same is valid for the candidate and potential candidate states of Western Balkans. The new Directive 2019/1 deals with the issue of safeguarding the fundamental rights in competition proceedings in general terms only, while stabilisation and association agreements lay down the rule of law as a fundamental principle, but do not say much regarding the features of the competition enforcement model. Candidate countries did not consider the rule of law requirements when designing their competition enforcement models. Competition authorities combine investigative and decision-making powers, preventing them from impartial decision-making. Rules on the appointment, that is, election of members of decision-making bodies, and the limited term of office, made competition authorities susceptible to political influence. Administrative courts are in charge of disputes initiated against decisions of competition authorities in the second instance.

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Institutional Design, Efficiency and Due Process in Competition Enforcement: Lessons from Slovenia and Serbia

Author(s): Veljko Smiljanić,Kevin Rihtar / Language(s): English Issue: 22/2020

The article compares the institutional designs and historic legacy of the Slovenian and Serbian competition enforcement framework, and discusses the advantages and drawbacks of each model. Slovenia implemented a mixed model, where the competition enforcement procedure is divided into functionally separate investigation and misdemeanour administrative procedures for the imposition of sanctions. The Slovenian model has generally been perceived as inefficient, with specific difficulties arising from the unclear relationship between the administrative and the misdemeanour procedures. On the other hand, Serbia significantly changed its institutional design in 2009 from its Austrian-inspired roots to a single administrative procedure. The new system appears to have been more effective, but strong judicial safeguards are necessary. The Authors further review the matter from a national and international point of view, considering the ECN+ Directive and the case-law of the Court of Justice of the European Union and European Court of Human Rights.

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Competition Law Framework in Kosovo and the Role of the EU in Promoting Competition Policies in Other Countries and Regions Wishing to Join the Block

Author(s): Avdylkader Mucaj / Language(s): English Issue: 22/2020

The aim of this article is, on the one hand, to provide an overview of the competition law framework in Kosovo vis-á-vis the establishment of the Kosovo Competition Authority (hereinafter; the Authority), its institutional design as well as the criteria for becoming a member of the Commission within the Authority, which is the most important decision-making body in the field of competition law in Kosovo. On the other hand, it discusses some of the challenges the Authority as well as the courts are facing as regards the effective enforcement of competition law provisions in Kosovo, be it procedural or substantive. In addition, the only three cases decided by the Authority, since its establishment in 2008, are briefly discussed. Last but not least, it tries to contextualise the role of the EU concerning enacting as well as enforcing competition law in some of the South East Europe (hereinafter; SEE) countries, with the main focus placed on Kosovo. Without the European perspective, it is convincing to say that the picture that would result from a competitiveness viewpoint would change dramatically, although the EU’s efforts alone are not sufficient in the absence of serious efforts by the states themselves.

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Evaluation of the minimum standard of the treatment to be provided in the Turkish temporary protection regime and legislation

Author(s): Joanna Kuruçaylıoğlu / Language(s): English Issue: 13/2021

This article will elaborate and give an overview of the Turkish temporary protection regime. In 2011, when the war in Syria began, Turkey had to face the mass influx from the southeast area, bringing Turkey many Syrian refugees. By 2011 Turkey did not have sufficient regulation on temporary protection, which could deal with many upcoming refugees. In 2013 the Law of Foreigners and International Protection came into force. It was necessary to update the latest legislation on temporary protection, the 1994 Temporary Protection Regulation. Due to unification with international and European standards and to provide possibly the best services to the refugees, Turkey, in 2014, enacted a new law on asylum, migration, and temporary protection construction. Therefore, according to the Turkish Constitution and international regulations, the following article will describe the Turkish refugee law development and legal construction, temporary protection regime, and the problems that still need to be solved.

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Charakter prawny danin publicznych w polskim prawie podatkowym

Author(s): Michał Kuśmirski / Language(s): Polish Issue: 13/2021

The issue of the legal nature of the public tributes in terms of classifying them in the respect of formalsubstantive territory was raised in the article. The focus was put on taxes and fees as two main representatives of this public services group. The purpose of this study was to show the real character of some public tributes in the polish tax law. Thereupon this group of public services was discussed and then the tax and fee were addressed separately. Thanks to that their meaning, common features and differences were indicated. The valid indication of remuneration and its absence made the correct analysis and classification of the public tribute possible, it also allowed to address the issue of the incorrect nomenclature of these services and to indicate which of these are in fact fees and which them are more of a tax. Due to the research of the effective regulations of the tax law, in this study the dogmatic method was applied. In addition to that, the sociological and historical methods were also used.

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(Nie)zatarte skazanie osoby ubiegającej się o pozwolenie na broń – analiza przypadku

Author(s): Adam Pachucki / Language(s): Polish Issue: 13/2021

Under Polish law a person applying for a firearms license (the author uses the example of a person applying for a firearms license for hunting purposes) is obliged to attach thereto medical and psychological certificates confirming that an applicant may bear a firearm. These certificates may be challenged on appeal by the competent police authority, only on the grounds of an expunged conviction. Police authority can legally state that such conviction itself implies a defectiveness thereof, despite the lack of any other allegations, evidence or information that the candidate should not keep and bear a firearm. According to the law, an expunged conviction should not have any negative legal consequences, the record of the sentence is deleted from the register of offenders, and such conviction shall be considered void. Based on the current jurisprudence, the author discusses the problems of the current wording of the legal provisions, shows possible abuses, indicates the violation of the institution of expungement and proposes changes to the provisions that could reduce the problems mentioned in the article.

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