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The Directive sets out the principles for the collection, storage and processing of passenger data. It was implemented in Poland in the form of a statute that significantly detailed the regulation of the Directive. The National Passenger Information Unit was established under the statute. The transposition raises no legal objections.
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The Polish Constitution does not provide for the existence of regional parliaments with legislative competences in Poland. The chambers of the Polish Parliament are therefore not obliged to hold consultations under Article 6 of the Protocol on the Application of the Principles of Subsidiarity and Proportionality. However, members of self-governing representative bodies are members of the EU’s Committee of the Regions, which can bring an action before the Court of Justice of the EU for violation of the principle of subsidiarity by an EU act and can also take a position on the compliance of EU action with the principle of subsidiarity as an advisory body.
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The publication presents detailed issues related to the budgetary sovereignty of the Polish Parliament (i.e., the Sejm and the Senate) and the nature of the control / audit of budgetary expenditures. It analyses the role of the Parliament in preparation, adoption, and implementation of its budget in relation to, inter alia, funding and controlling expenditures allocated to parliamentary groups and political parties. It indicates the most important legal regulations related to this area and the amounts of expenditure from the budgets of the Chancellery of the Sejm and Senate, including the expenditure allocated to Deputies’ and Senators’ offices, as well as to parliamentary clubs, and groups.
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The subject under research brings to the center of our attention two important institutions of public international law, namely the succession of states and their responsibility for international illegal acts. From the first years of the activity of the International Law Commission (ILC) of the United Nations (UN), the two themes were present on its working table. Part of the problems analyzed, from a theoretical and practical point of view, were codified, but another part remained in the attention of ILC for future analyses. As of 2017, succession in relation to state responsibility is on the working table of the UN International Law Commission.
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Each country establishes the rights and obligations of foreigner, their entry, stay and exit from its territory, that is, the regime of foreigners. To the extent that the forum state does not recognize a certain right to the foreigner, there can be no discussion of the ways of exercising it and the law governing it.The legal condition of the foreigner (or the regime of the foreigner) represents the whole legal norms in the legal system of the forum regarding the rights and obligations of the foreigner (natural person or legal person) in a certain country.The legal condition of the foreigner is related to the conflict of laws, in the sense that only to the extent that a certain right is recognized to the foreigner arises a conflict of laws.In our country the legal condition of the foreigner is provided by Romanian law, as the law of the place where the foreigner is living. Therefore, the legal condition of the foreigner is established by the state of residence, hence its unilateral character. However, the possibility of concluding international conventions on the legal status of the foreigner should not be excluded, which gives him a bilateral character.
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In this work I discuss the issue of drug reimbursement for diabetics in a comparative perspective against the background of other European countries. I wanted to focus on presenting the risk posed by this disease and the possible complications resulting from it. I then present treatment options and the associated costs. I offer a comparative presentation of the options for treating diabetes in various European countries. I use this comparison to show how the issue of fighting this disease, which is the same everywhere, is resolved in various ways, while state systems and relevant authorities try different measures to help diabetic patients. My research method was to use my own experience, to carry out social interviews, and to review relevant scientific literature.
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The law to combat tax evasion provides a compulsoriness of establishing the precautionary measures. Therefore, Article 11 of Law no. 241/2005 for the prevention and combating of tax evasion, sets down that, in the event that a crime provided for by this law has been committed, taking precautionary measures is mandatory. As a principle, the provisions of a special law are supplemented by the provisions of the general law, tot the extent that they do not conflict. Therefore, it is obvious that in relation to the competence to dispose of them, the act by which it is disposed of, the remedy, the general provisions of the Code of Criminal Procedure are applicable. From the analysis of art. 11 of Law 241 of 2005, however, it would result that the precautionary measures are taken in all cases, without any exception, without the courts being able to make an evidence-based analysis of the necessity and proportionality of these measures. The article analyzes to what extent this interpretation does not contradict the constitutional requirements regarding free access to justice, the right to defense, the protection of private property equally.
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Investors in a company's shares aim to benefit from their increase in value and participation in dividends. If the company has difficulties of any kind and, as a consequence, the value of its shares falls, the shareholders will be harmed. In the present study, the means of protecting investors-shareholders, in an international context, are analyzed. Since the topic is broad, only its essential aspects are captured through the lens of a case recently solved by the CJEU. In this approach, first, the profile of the injured shareholder is established, and then his means of protection and, implicitly, of action to cover the damage suffered are drawn up.
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The country of origin principle can be contemplated in the light of the scholars’ debates relating to the rise or fall of the conflict of laws concept. This paper is an invitation to scholars to assess the notion of ‘comity’ as a genuine premise of the mutual recognition principle. The said notion reminds us all that international law and the conflict of laws are twin instruments; these instruments are conceptually designed to manage the transnational realities from nowadays. The nation-States, regional organizations of (economic) integration, international organizations, private actors are learning again how to exercise the notion of ‘comity’.
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Financial crises are a normal occurrence in all economies, despite the fact that they can be extremely damaging. Because of this cyclicality, players have emerged in the market trying to identify strategies and methods to profit from the financial crises faced by states. Vulture funds, a type of investment fund that falls under the umbrella of hedge funds, are also included among them. Due to the way they operate, vulture funds have the potential to generate returns that are greater than 1000% of the initial investment. One of their tactics entails purchasing distressed sovereign debt at a discount on the secondary market, declining to take part in their restructuring, and bringing legal action to enforce the debt and related interests, one of the consequences being the worsening of the debtors' circumstances. Even though some of their actions might be considered immoral, there are rarely any legal restrictions on the unjustified profits that vulture funds can receive. However Belgium recently passed a law to combat the activities of "vulture" funds.
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The Study presented at the National Conference „In memoriam Prof. Viorel Mihai Ciobanu”, organized at the Faculty of Law, University of Bucharest, on February 17, 2023, discusses aspects regarding the configuration of internal rules of civil procedural law by rules of European Union law in the field of intellectual property rights (part I) and the relationship between the rules of public international law adopted in the matter and the internal rules of civil procedure (part II).
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The public domain is one of the most debated issues in intellectual property. Although it has become a common element for all intellectual property regimes, understanding this notion is difficult due to the silence cast on it through the lens of non-regulation. We find that the legal status of the public domain has not yet been created either at the international or at the national level. However, we can note that the requests for its positive regulation have become more and more numerous. Certain principles and recommendations can already be outlined to contribute to the conservation, better accessibility and better use of the public domain.
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This article describes chronologically the foundation of various international criminal tribunals over time. Attention is paid to the most crucial processes in history, which have the characteristics of international criminal justice. It’s analyzed the creation and the current problems of jurisprudence of the International Criminal Court. The structure and powers of the newly established Kosovo Specialist Chambers and the Specialist Prosecutor’s Office are examined.
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This article explores whether the Federal Republic of Germany (FRG) is identical with pre-war Germany. The question is relevant for the understanding of the 1970 Treaty of Warsaw, because in the event it is identical, the FRG would be the predecessor State of Poland with regard to the former German territories east ofthe Oder-Neisse line and, therefore, competent to renounce any territorial title. By contrast, in the case of non-identity the FRG would only have been a third State with regard to these territories. However, even in case of identity, the scope of the Treaty of Warsaw seems ambiguous due to Allied reservations. Hence, it was wise to confirm the transfer of sovereignty in 1990.
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The article takes the renewed demands of the Polish government as an opportunity to examine the question of whether Germany is obliged to pay reparations to Poland. Based on an analysis of the international agreements concluded since 1945,it can be shown that the Polish government’s demands on Germany are unfounded.
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This paper explores issues arising from international transactions using securities either in sale and purchase contracts or as collateral. Once paper securities were transferred to registered ones and book-keeping took virtual form, the complexity of the financial international system further increased. At the same time it facilitated trades across the globe that previously would not take place due to high transaction cost and legal uncertainty.Logical step in this evolution was, therefore, the introduction of intermediated securities holding systems where one or more securities intermediaries can hold securities for their clients across various jurisdictions and perform book-keeping and corporate proxy roles for a plethora of customers. Nevertheless, the system is still not harmonized as various legal regimes implement holdings of securities differently.This paper analyzes the structure of these systems and discusses the legal issues they pose on the transacting parties. The analytical part discusses possible solutions and provides alternatives to the current academic literature proposals by implementing private sector participants where the public and international community struggles to succeed.
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The paper addresses a long-standing discussion on what are the major sources of power asymmetry among the suppliers and the buyers in the agri-food chain, and thus, a primary cause of pursuing various kinds of so-called unfair trading practices. Basically, three theoretical frameworks stay beyond combating against these practices: market power, economic dependence, and bargaining power approach. The setting of personal scope in the new EU Directive 2019/633 profoundly prefers the lastly mentioned theoretical framework. But does such a preference signify the true triumph of the bargaining power conception? The paper intends to scrutinize it using an evaluation of the major traits of the frameworks, stressing that some of them may allow for the protection of those entrepreneurs who are not in need of it. The analysis of the ways how the Directive has been implemented in the Member States then indicates that such giant suppliers continuously enjoy protection in several countries. A special attention is devoted to Czech legislation whose development may serve as a kind of a natural experiment of how these competing conceptions function in the practice.
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