ДЛЪЖНИЦИ И ДЪЛГОВЕ: НОВИ ПЕРСПЕКТИВИ

Author(s): Sebastiano Tafaro / Language(s): Bulgarian Issue: 1/2021

The text of the article was edited on the basis of a report presented to the XI Congress of Roman law scholars from Central and Eastern Europe and Asia, held in Craiova on 3 November 2007. It examines successively legislative policy on debt and government intervention on interest rates, limitation of interest rates supra legitimum modum, setting an upper limit for increasing the amount of debt. A special place is given to the concepts of proportionality and reasonableness in credit relations, as well as to the evolutionary interpretation of obligation and proportionality.

BONA FIDES IN ROMAN CIVIL PROCEDURE

Author(s): Milka Rakočević / Language(s): English Issue: 1/2021

Although not always distinguished as an explicit procedural phenomenon, abusus iuris doctrine has a long history and is familiar to all periods of historical development of civil procedure. As one of the basic principles of contemporary civil procedure, if analysed historically, it can be noted that the prohibition of abuse of procedural rights is neither modern nor contemporary in the legal meaning of those terms, nor in the historical retrospective loses the importance that characterize it in the modern civil procedure. Within the paper, the focus is set on the administration of justice in ancient Rome with particular interest on the institute of abuse of procedural rights. The paper discusses the beginnings and development of organized methods of legal protection in Roman civil procedure with the aim to determine its basic characteristic through different stages of its development and to analyse the frivolous behaviour of the parties before the tribunal and procedural mechanisms for supressing vexatious litigation. The historical retrospective is covering different periods of development of the Roman litigation. The main drive for analysis of the historical dimension of civil procedure in ancient Rome is to analyse the genesis and evolution of the principle of bona fides in Roman civil procedure.

ПРОИЗХОДЪТ И ВЛИЯНИЕТО НА ШВЕЙЦАРСКИЯ ГРАЖДАНСКИ КОДЕКС

Author(s): Jean-Philippe Dunand / Language(s): Bulgarian Issue: 1/2021

The Swiss Federal Assembly adopted the Swiss Civil Code on 19 December 1907 by roll-call vote and by unanimity of the members present. The code came into force on January 1, 1912. It was welcomed throughout the country as the "written will" of the Swiss. According to Prof. Walter Yung, the code strengthens the "Swiss feeling of being one people" and becomes one of the "spiritual treasures" of the country. Considered an example of clarity, simplicity and moderation, the Swiss Civil Code was soon reflected abroad and inspired the civil codification of many countries. Based on German legal sources, it "retains its characteristic appearance and combines a deep knowledge with purity of form, which provide the basis for an extraordinary flexibility, able to change according to all future changes, without losing its basic structure." The article consistently examines the origins and main sources on which the Swiss Civil Code is based, as well as its impact.

Ruch spółdzielczy w energetyce. Nowe trendy w energetyce lokalnej

Author(s): Mariusz Szyrski / Language(s): Polish Issue: 3/2021

The cooperative movement has played a significant role in increasing the competitiveness of the economy and has promoted the European values of solidarity, self-government and democracy. In recent years, the cooperative idea has been linked with the local energy sector – in Europe and in Poland. The decentralization of energy production to local communities – thanks to the incredible development of new technologies in renewable energy – is now becoming a standard in Western Europe. These trends have also been visible in Poland for some time. Unfortunately, in Polish conditions the institution of cooperatives, including energy cooperatives, is negatively associated with the communist era. The main research question, around which the considerations in this article revolve, is as follows – why, despite the existence of a legal basis in Poland from 2016, energy cooperatives have not been created. The article will analyse the legal regulations relating to the functioning of the energy cooperative, taking into account its current status in the energy law.

Digitizing the public administration and safeguarding individual rights: automated decision-making at the intersection of the GDPR and Polish administrative procedure

Author(s): Filip Geburczyk / Language(s): English Issue: 1/2021

Automating administrative decision-making through the use of algorithms integrated into administrative procedures constitutes a major goal of both the Polish government and the EU. Notwithstanding the undeniable benefits of automated administrative decision-making, the tentative development of the law regulating administrative procedures in this regard translates into risks to important elements of administrative due process. Although a systematic regulatory approach to automated administrative decision-making is lacking, an analysis of the provisions of the GDPR concerning profiling algorithms and automated decision-making may prove rewarding, given that they may directly affect the procedural rights of parties in proceedings before national authorities. On the other hand, the imprecise language of the GDPR makes it susceptible to interpretations deeply embedded in the hitherto elaborated practices of the Polish administrative procedure. The article analyses the intersection between the GDPR and Polish administrative procedure in order to examine the potential for mutual influences between both frameworks.

Eucharystia Kościoła rzymskokatolickiego w Niemczech w dobie pandemii COVID-19

Author(s): Andrzej Glombica / Language(s): Polish Issue: 37/2021

This article draws on the experiences of the Federal Republic of Germany and provides a theological reflection on the consequences of political decisions made in response to the spread of COVID-19. The research primarily concerns the relationship between the importance of the communal celebration of the Eucharist and the limitation on contact imposed on the grounds of protecting human life and health. Due to the novelty of the subject, the sources are generally accessible internet materials. The starting point is a calendar of specific decisions by the state authorities and the reactions of the German Bishops’ Conference to these secular regulations, followed by the comment made by German Roman Catholic theologians on the situation. Of these, more attention has been paid to the controversial responses – made by the Bishop of Magdeburg Gerard Feige, Archbishop of Cologne Cardinal and Doctor of Theology Rainer Woelki, and dogmatist Julia Knop – rather than those that are theologically insightful or correct. All this has been juxtaposed with the Church’s official teaching on the communal celebration of the Eucharist and its basic assumption, i.e., the predominance of the divine element over the human element. This article shows that state measures, ecclesial behaviour, and theological discussions can all be interpreted as a practical negation of the saving nature of the Eucharist. This presentation concludes with the question of what is more important: celebrating the Eucharist, receiving Holy Communion, experiencing community, or further weeks of strictly limited social contact, including in religious gatherings. This question is also an invitation to undertake further, in-depth reflection not only on the economic, social, and emotional effects of the pandemic but also – and perhaps primarily – on the spiritual ones.

Uwarunkowania konsensualnego modelu dialogu społecznego i dialogu obywatelskiego na poziomie regionalnym w Polsce

Author(s): Joanna Podgórska-Rykała,Jacek Sroka / Language(s): Polish Issue: 1/2021

This article focuses on searching for a consensual model of similarities, differences, transfers of practices, and lending networks in regional dialogue, which would be appropriate for Polish realities. These considerations are made within the framework of an analysis of two institutionalized varieties of dialogue: social and civil dialogue at the level of voivodship. Elements of a model answer to the issues addressed by the authors are constructed with reference to the Malopolska region, which was selected due to the results of nationwide research – conducted earlier by one of the authors – indicating that this region has a clear potential which favours the development of dialogue institutions. The authors use the categories indicated, taking into account the tool of public deliberation. Following theorists and practitioners, they consider deliberation as one of the most optimal dialogical (pre)decision-making paths, since it leads to effective and acceptable decisions and enables the optimal, fair and transparent public management of environmental resources. It is assumed that the mutual learning of new ways of doing things by specific institutions engaged in social and civil dialogue enables the correction of already established nondialogue elements in the future. It is also assumed that, according to the concept of so-called learning regions, other regions are able to learn dialogue from one region. The authors use the methodology of the social sciences, and in particular they reach for proposals of public policy studies, which they supplement with elements of formal and institutional analysis. The method used for this purpose is a comparative analysis of social and civil dialogue in Polish regions, along with the use of legal analysis and borrowings from case studies carried out in earlier research.

What is the Government Really Pursuing by Introducing Quarantine Measures in the Conditions of COVID-19? The Case of Ukraine

Author(s): Vitalii Nitsenko / Language(s): English Issue: 9/2021

New challenges in the COVID-19 pandemic for Ukraine turned out not to draw the authorities (President, the Cabinet of Ministers, and the Verkhovna Rada of Ukraine) with people, enhancing support in difficult economic conditions, support for small and medium-sized businesses, and the introduction of quarantine and enhancing control in all spheres of the people life.

Wybrane aspekty odtwarzania celów w prawie gospodarki odpadami (cz. I)

Author(s): Marek Łazor / Language(s): Polish Issue: 14/2021

Although presented in many different ways in legal regulations themselves, waste management law purposes play a significant role in a legal norm reconstruction. They usually determine the choice of the management method assigned to a given waste stream and the form of protective measures to take. In the case of waste, one classified as hazardous in particular, incorrect reconstruction of the objectives of a given legal regulation may have measurably negative consequences, not only for the environment but above all for human life and health. The legal institutions regulating waste management that exist in the domestic legal system recurrently refer to the objectives and other values of the EU law. Thus they become an element of a broader European mechanism of environmental protection. The importance of values and, in many cases, the over-national character of the objectives strengthens the position of extra-linguistic directives in the process of interpreting the provisions of waste management law. This trend gets also reinforced by significant systemic changes currently taking place in this particular area of law, which is based on a complete re-evaluation of the principles of waste management through the construction of a closed-cycle economy system. The derivational concept of law interpretation, authored by Maciej Zieliński, due to its specific interpretative features, may be regarded as a crucial tool in the process of reconstructing the purpose of a legal norm in this intensely changing legislative area. The inspiration to discuss the issue brought up in the article is the demand, which has been raised for some time by legal dogmatics, to combine the theoretical-legal reflection with the problems of exact legal sciences as often as possible.

Recenzja wydawnicza monografii Adrianny Ogonowskiej, Prawna ochrona wód morskich Morza Bałtyckiego przed zanieczyszczeniami ze statków. Aspekty prewencyjne, Wydawnictwo C.H. Beck, Warszawa 2021, ss. 259

Author(s): Monika A. Król / Language(s): Polish Issue: 14/2021

Sprawozdanie z ogólnopolskiej konferencji naukowej „Zawody zaufania publicznego – tradycje i wyzwania współczesności”

Author(s): Kamil Dąbrowski / Language(s): Polish Issue: 14/2021

ЗА ОХРАНАТА НА МОРСКИТЕ БРЕГОВЕ СПОРЕД ПРАВНАТА УРЕДБА В ТЕОДОСИЕВИЯ КОДЕКС (CTH.7.16 DE LITORUM ET ITINERUM CUSTODIA)

Author(s): Methodi Todorov / Language(s): Bulgarian Issue: 2/2021

The paper analyzes the content of the three imperial laws in the CTh.7.16 on the protection of sea shores and roads. A discussion is offered on the problem about the inclusionof only imperial constitutions issued by the emperors Honorius and Theodosius in a relatively short period: 408-420 AD in book VII, title 16 of Theodosian Code.

SOLIDARITY LIABILITY IN THE EVENT OF WORK-RELATED ACCIDENTS

Author(s): Dragos Lucian Radulescu,Delia Mihaela Marinescu / Language(s): English Issue: 1/2021

The patrimonial liability is the most common form of liability, being attracted in case of non-compliance with the legal norms, in order to protect the social values indispensable for the normal functioning of a company. Legal employment relationships are one of the most common areas in which joint and several liability is applied, namely in the case of work accidents resulting in personal injury to employees, which can cause them including permanent disabilities and can be caused by deficiencies in specific equipment used, as well as the lack of effective training in the field of labour protection. Establishing guilt and attracting civil liability is done in relation to the concrete conditions of the accident, the duties of employees according to job descriptions, but also the concrete actions they performed during the program or in connection with work duties. The article presents the applicability of the legal norms in the matter of civil liability to a practical case in which the courts have held joint and several liability of employees and employers in case of accidents at work, referring to the legal conditions to be met, with implications in criminal law.

INDIVIDUAL, EMPLOYERS AND ORGANIZATIONAL CITIZENSHIP BEHAVIOUR

Author(s): Dana Volosevici,Dragoş Grigorescu / Language(s): English Issue: 1/2021

The paper aims to analyze the idea of social solidarity from the perspective of legal constraints that characterize the labor relations between employees and employers and the growing need for community involvement of organizations. Therefore, the concept of citizenship-oriented behavior of organizations (OBSs) and the legal concept of subordinating employees to organizations will be at the center of attention. The first part of the article will be about defining the human being through the occupation or profession he chooses to practice (homo faber), we are what we work, and advance to the social dimension of any economic activity, and the second part will analyze these ideals such as altruism, solidarity or prosocial behavior, from the perspective of legal regulations in the labor code that emphasize the subordination of employees to employers who at least at first discourage the assumption of a civic dimension aimed at citizenship of employees. suggested possible solutions to improve these legal relations so that values such as solidarity are more present in the contractual relations between employees and employers in various social or economic contexts.

THE LACK OF TRANSPARENCY – THE PREMISE OF HUMAN RIGHTS VIOLATIONS IN PRISONS DURING THE COVID-19 PANDEMIC

Author(s): Crina-Bianca Vereș / Language(s): English Issue: 2/2021

Internationally, human rights law guarantees an universal right to the highest achievable and mandatory standard of health and obliges the governments to take measures to prevent threats to public health and to provide medical care to those who need it. The COVID-19 pandemic continues to rip through prisons across the world, and some excessive measures imposed by governments to prevent the spread of the disease have led to human rights violations. If one would take into account Romania’s persisting problems of overcrowding and poor hygiene conditions in prisons, it is required to highlight how the lack of transparency in public institutions has an the impact on the prison environment during the pandemic. The paper suggests that there is a link between the way the prison life is perceived and the lack of compliance of national measures with generally binding standards regarding human rights imposed internationally.

Polityka migracyjna Republiki Federalnej Niemiec

Author(s): Marek Podraza / Language(s): Polish Issue: 1/2022

The effective management of migration flows is the goal of every country that deals with an influx of foreigners. The Federal Republic of Germany began building its migration policy after World War II. Initially, it was focused on recruiting foreigners from third countries, filling the staffing shortages in sectors dominated by low-skilled workers. Over time, it underwent a transformation, focusing on the so-called specialists. Over the course of 70 years, Germany has become one of the strongest economies in the world, and is now, according to the OECD report, the second most popular destination of today’s migration. Undoubtedly, the real test for German migration policy was the migration crisis initiated by the Arab Spring. In 2015 alone, 1.1 million immigrants reached Germany, and nearly half of them applied for asylum. The initial openness at some point exceeded the possibilities of Germany. Considering the increasing demographic problems of Germany, the current situation may positively affect the economic development of this country, especially when we take into account the effective integration policy to date. Whether this happens will primarily depend on subsequent decisions of the German authorities in this regard.

Kashmir conflict: Yearning for an elusive peace in the contemporary South Asian Region

Author(s): Osantha Nayanapriya Thalpawila / Language(s): English Issue: 53/2022

The conflict in Jammu & Kashmir has become a critical issue not only for India-Pakistan relations but for the whole of South Asia. After careful analysis, the origin of the conflict has been identified by scholars as a failure in demarcating a practical border between India and Pakistan by the British colonial rulers. The consequence was that after gaining independence, both countries went to war three times over Kashmir. In addition, numerous breakouts of hostilities were reported along the line of control between India and Pakistan in the Kashmir region. The United Nations Organization made several attempts to arrive at a permanent solution for the Kashmir issue. In addition, several bilateral meetings were held by India and Pakistan to work out a solution to bring about long-lasting peace in Kashmir. However, all the initiatives failed, and hostilities are still going on. The situation has further deteriorated after several incidents of cross-border terrorism that had its roots in Kashmir politics. Today the Kashmir issue has become a key threat to South Asian security after the changes that have taken place in global politics as well as regional politics. The aim of this paper is to study the conflict in Kashmir to find a way to build peace in the new global context. This paper is based entirely on secondary data and uses the descriptive analysis method. Indian government policy on Jammu & Kashmir has been influenced by past events in Kashmir, while Pakistan is looking for alternative strategies to build peace in Kashmir. The impact of this conflict on the South Asian region will mostly depend on the Indian Government’s determination to keep Kashmir under its control while it is continually challenged by the Pakistani regime, which also has claims on this territory.

Kredyt obarczony ryzykiem walutowym jako zagadnienie społeczne. Kilka refleksji na temat sytuacji kredytobiorców kredytów indeksowanych do CHF/denominowanych w CHF w kontekście zasady sprawiedliwości sensu largo

Author(s): Aleksandra Nadolska / Language(s): Polish Issue: 2/2022

The phenomenon of Swiss franc mortgages in Poland revealed the ineffectiveness of consumer rights protection and a misunderstanding of the EU idea of balancing consumer contractual rights and obligations towards the trader. The lack of a systemic solution to this issue has led to the fact that currently persons with debts in Swiss francs are in dispute not only with banks, but also with that part of the society which feel disadvantaged by the fact that contracts containing abusive clauses have become cancelled. The PLN borrower’s perspective does not take into account the key factors that determined this pattern of events (even while ignoring the fact that it is not the court’s ruling that makes the mortgage agreement invalid). This article presents and discusses the factors thanks to which the expansion of loans indexed with the CHF rate in 2004–2010 was possible. Based on this analysis, the author proves that unequal treatment of consumers in access to the credit services occurred at that time, and that currently pending litigation cannot take into account the principle of social justice, which does not include goods or services over which the state has no influence, when applying distributive mechanisms.

Kultura bezpieczeństwa żywności w prawie Unii Europejskiej. Czy polski system kontroli żywności sprosta wyzwaniu?

Author(s): Małgorzata Z. Wiśniewska,Anna Kowalska / Language(s): Polish Issue: 2/2022

The purpose of this polemical article is to answer two research questions: (i) What is the place of food safety culture in EU law? (ii) Is the Polish food control system prepared to verify its implementation in food businesses? To achieve this goal, the authors conducted a review and critical analysis of literature sources, EU law, in particular concerning food safety, including national law, private standards for food safety management systems, and official reports, and they applied the method of synthesis and logical concluding. The article refers to important changes in EU law initiated by amendments to the Codex Alimentarius regarding food safety culture. The establishment and maintenance of a positive food safety culture is fundamental to the successful functioning of any food safety management system, because of its important impact on human behaviour in providing safe and adequate food. The article indicates the role of private food law in this regard, the implementation of which, although optional, is often essential to meet the market requirements. The authors doubt whether Polish food control institutions are ready to expand the scope of their activities by verifying the implementation of food safety culture in food businesses. A serious obstacle to making such significant changes is the major weakness of the food control system, which has been observed for years, and serious problems related to food safety hazards and threats in Poland. The authors constructively critique – for the first time – the organizational and legal circumstances for implementing and verifying food safety culture in the Polish food industry and its environment.

Considerations on the Models of State Organization in the European Union

Author(s): Paul-Iulian Nedelcu / Language(s): English Issue: 01/2022

The unitary state is organized on the basis of the principle of unity and centralization. This form is the most widespread in the European Union (France, Portugal, Poland, Hungary, Czech Republic, Lithuania, Romania, etc.). The rule of law has the following main characteristics: - it consists of a single set of bodies through which political power is exercised at central and local level; - the governing activity is broadcast from the center in a hierarchical way; - there is only one legal order, based on a single constitution; - the population has only one citizenship. Although the state is unitary, its territory can be divided into administrative-territorial units or into local communities. The subdivisions of the unitary state have an eminently administrative character and do not constitute states within the state. In the modern unitary state, based on the principles of the rule of law, centralization plays a role similar to that of absolute monarchies, but obviously with different means and objectives. We consider, in this sense, the fact that the centralized state apparatus (the single or main center of decision) represents, in reality, the whole nation and serves its general interests. In modern states, the centralization of power and its distribution by a single center of decision is no longer for the benefit of a single person, but of the whole people.