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Екологоправни аспекти на въвеждането на видове от дивата флора и фауна по правото на Европейския съюз в светлината на опазването на защитените природни територии

Author(s): Georgi Penchev / Language(s): Bulgarian Issue: 1/2021

Basic aim of this study is analysis of the environmental law aspects of the introduction of species of wild flora and fauna under secondary law of the European Union and its influence on the state of the national protected territories. Where for the analysis applies the comparative law and formal-logical methods of scientific research. The result of study is related to formulation of general conclusions from considered regulation and recommendation for its improvement.

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REPRYWATYZACJA A KONFLIKT INTERESÓW EKONOMICZNYCH JEDNOSTEK i PAŃSTWA – POLSKA NA TLE POZOSTAŁYCH KRAJÓW TRANSFORMACJI

Author(s): Anna Moszyńska,Michał Moszyński / Language(s): Polish Issue: 1/2012

The aim of the study is a comparison of re-privatization policy pursued in Poland and other countries of Central and Eastern Europe, with particular emphasis on the former GDR. Poland has chosen a completely different approach to this issue from that of the Germans. Despite the claims of former owners concerned, in almost 2/3 of the former GDR territory, the German legislature quickly and decisively resolved these issues, so that they do not impinge on the current social and economic life of Germany. Poland however, after two decades of transformation, has still not developed a clear position on this issue, while successive legislation projects end in failure or are postponed indefinitely. This practice leads to doubt as to whether our country can be regarded as fully integrated with the West in terms of compliance with standards of the modern state, which resolves sensitive issues and seeks to eliminate hot spots in contacts with foreign countries (e.g. the return of former Jewish property). Reprivatization is important for several reasons, of both legal and economic nature. Lack of a solution raises a sense of injustice among former owners, generates numerous conflicts on the citizen-state line, and calls into question the constitutionally guaranteed protection of property rights in Poland. On the other hand, a thankless objective of an economist is to assess the economic aspects of a possible compensation program – could Poland afford it? What would be the costs of abandonment of any action? In the first part of the study the regulations on property restitution in the former Eastern bloc countries are shortly discussed. Then attention is paid to the legal and economic conditions of the property restitution process in Poland.

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Studiu de drept comparat privind fenomenul „homelessness” sau despre persoanele fără domiciliu. Cauze, măsuri şi soluţii

Author(s): Andra Iftimiei / Language(s): Romanian Issue: 2/2021

The phenomenon of homelessness can be written from key, worrying figures 580,000 homeless people in the United States in 2020 or an increase in the number of homeless people in 24 states of the 27 member states of the European Union (in a percentage from 16 to 389%). Emphasizing that the phenomenon we are focusing on is constantly growing, we propose through the study of comparative law to identify and analyze the following elements: the forms that the phenomenon takes homelessness, interpretation of recent public statistics, identification of causes leading to the phenomenon, proposals for amelioration and reduction of the phenomenon. The approached topic has a multidisciplinary character, being at the intersection of fields such as: law, sociology, economics, psychology, and the research, using the method of comparative law, will take the form of a comparative synthesis study.

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WŁASNOŚĆ W PRAWIE I EKONOMII – PRZYPADEK „PRAWA ŚNIEGU”

Author(s): Mikołaj Klimczak,Tomasz Gaweł / Language(s): Polish Issue: 1/2007

Despite the recognised absolute character of proprietorship one has to take into consideration certain restraints resulting from contracts or rules of law. An example of this might be “snow-law”, that functions in, for example, Switzerland or Austria. These countries permit to use third party real estate for the common good. From the point of view of the economics and the law it seems necessary to regulate the issue of using third party real estates in mountainous areas during the winter. The presented paper is an attempt to judge such an issue and present certain possible solutions from the point of view of the law and economics.

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MODEL USTROJU SPOŁECZNO-GOSPODARCZEGO W ŚWIETLE KONSTYTUCJI RP ORAZ WYBRANYCH KRAJÓW EUROPEJSKICH

Author(s): Krystyna Nizioł / Language(s): Polish Issue: 1/2006

This article presents legal regulations concerning the socio-economic model from the perspective of the Republic of Poland’s and other countries’ constitutions. By definition, state constitutions are to specify regulations of the socio-economic systems and they do so in a similar way. However, there is no single universal model for the free-market economy. The Republic of Poland’s Constitution, in its Article 20, refers to the Polish economic system in terms of the social market economy. This implies a market economy combining the elements of economic liberalism with those of a welfare state.

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Program łagodzenia kar (leniency) w Polsce i we Francji – analiza prawno-porównawcza

Author(s): Ewa Weinar / Language(s): Polish Issue: 5/2020

The study is devoted to the leniency programme in the Polish and French legal system. As an introduction to the comparative analysis, the paper presents the genesis of the leniency institution in European law and the implementation of the Model Leniency Programme by the European Competition Network. This comparison of legal systems makes it possible to catch the differences between the two leniency models, which appear despite the fact that both competition authorities are members of the European Competition Network. The analysis gives an overview of the leniency programme in France and the way the French competition authority operates.

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Co to znaczy „zaprzeczac zbrodniom”? Uwagi na tle wykładni jezykowej w prawie polskim i zagranicznym w perspektywie prawnoporównawczej

Author(s): Karolina Palka / Language(s): Polish Issue: 1 (15)/2020

The main purpose of this article was the analysis of the term "to deny" in Slovak, German, Polish and French criminal law in a comparative and legal perspective. This analysis led to present the author’s concept of the provision penalizing historical lies. The basic research method that was used in the article is a method based on the Kötz and Zweigert’s model, assuming five basic stages of legal and comparative analysis. The last two parts contain the main conclusions of the article.

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Sabrina Lo Iacono, Ambulatoria est voluntas defuncti? Ricerche sui „patti successori” istitutivi

Author(s): Aleksander Grebieniow / Language(s): Polish Issue: 2/2021

Review of: Aleksander Grebieniow - Sabrina Lo Iacono, Ambulatoria est voluntas defuncti? Ricerche sui „patti successori” istitutivi. Milano: Giuffrè Francis Lefebvre, 2019, stron IX+ 358

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Grzegorz Blicharz, Commons – dobra wspólnie użytkowane. Prawnoporównawcze aspekty korzystania z zasobów wodnych

Author(s): Nikodem Mrozek / Language(s): Polish Issue: 2/2021

Review of: Nikodem Mrozek - Grzegorz Blicharz, Commons – Jointly-used Goods: Comparative Aspects of the Use of Water Resources. Bielsko-Biała: Od.Nowa, 2017, 195 Pages

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Sprawozdanie z konferencji „English Law and Colonial Connections: Histories, Parallels, and Influences”. On-line Conference

Author(s): Izabela Leraczyk / Language(s): Polish Issue: 2/2021

The: “English Law and Colonial Connections: Histories, Parallels, and Influences conference” was held over the course of two afternoons, on January 26–27, 2020. It was organized by the Faculty of Law and Administration of the University of Łódź and Northumbria University in Newcastle. The symposium’s goal was to bring together researchers with interests in the history of English law and its influences on other parts of the world, particularly within an imperial context. An additional topic of the conference was the meaning of legacies and continuing influences of the empire and colonial influences of the law back to the Metropole. Nine lectures were delivered over the course of four sessions.

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Sztuczna inteligencja w innowacjach finansowych – aspekty prawne i regulacyjne

Author(s): Marcin Rojszczak / Language(s): Polish Issue: 2/2020

The aim of the article is to discuss the legal consequences of implementing modern data processing techniques, in particular machine learning and Big Data analysis, in the financial innovation sector (fintech). These techniques not only create new opportunities for data monetization for entities operating in the financial sector, but also reveal new regulatory and supervisory challenges that need to be addressed.

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‘Soft Law’ in the Mechanism of the International and National Protection of the Constitutional Electoral Rights

Author(s): Vladislav Fedorenko,Volodymyr Nesterovych / Language(s): English Issue: 3/2020

The publication explores the phenomenology and content of ‘soft law’ in the international and national law and reveals the designation of ‘soft law’ in protecting the electoral rights of the citizens. ‘Soft law’ is intended to mean optional international documents, most of which are resolutions of the intergovernmental organisations containing statements, commitments, guidelines, common positions or statements on policy or intentions. ‘Soft law’ documents are usually adopted by the statutory bodies of the international organisations on issues that reflect new problems, tendencies or trends in the field of electoral law, for which there is no political will or the accordance of all the member states in the form of a classical international treaty. When it comes to the content, the ‘soft law’ documents are all kinds of statements, obligations, guidelines, codes of conduct, codes of ethics, guidelines and standards, common positions or statements of policy or intentions.

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Projekt ustawy Prawo komunikacji elektronicznej – zagadnienia wybrane

Author(s): Maciej Rogalski / Language(s): Polish Issue: 2/2021

The paper is devoted to selected issues concerning acts from the same day, i.e. 29 July 2020: the Electronic Communications Law, and the act introducing the Electronic Communications Law. Both drafts have been prepared in connection with implementing the provisions of Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 2018 Establishing the European Electronic Communications Code (‘the EECC’) into the Polish legal order. Only selected issues from both draft acts were presented, for which the basic selection criterion was their significant practical importance in terms of their influence on the functioning of the telecommunications market in Poland. The purpose of the analysis and research was to answer the question whether the proposed regulations were compliant with the EECC and whether, from the perspective of the requirements of practice, effective solutions had been adopted. The analysis was based on comparing the projected EECC regulations and on possible practical consequences after their implementation. The analysis covers the projected provisions – from the Polish law and the EU law. The conducted analysis indicated a need for modifying them, in particular: imposing security obligations; the scope and manner of replacing the existing documents for customers with new ones; the conditions of customer video verification; transitional provisions. The article presents proposals for specific amendments to the projected provisions. The presented issues are not only of theoretical importance, but also of great practical importance when it comes to the functioning of the telecommunications market and, above all, when it comes to customers who use telecommunications services.

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ZABRANA DISKRIMINACIJE U MEĐUAMERIČKOM SISTEMU LJUDSKIH PRAVA

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

The paper analyzes the norms related to the prohibition of discrimination contained in the instruments of the Inter-American human rights system and the established standards of protection of the guarantee of the right to freedom from discrimination in practice of the Inter-American Commission on Human Rights and the Inter-American Court of Human Rights.

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Pravo vojnih lica na slobodu vjere u oružanim snagama Bosne i Hercegovine

Author(s): Nermin Lapandić / Language(s): Bosnian Issue: 2/2014

This paper analyses the laws and by-laws governing the right of persons in professional military service to the freedom of faith in the Armed Forces of Bosnia and Herzegovina, in conjunction with Article 9 of the European Convention for the Protection of Human Rights and Fundamental Freedoms and BiH legislation, through the following issues: organisation of religious activities and religious service in the BIH Armed Forces, the right to a diet in accordance with religious needs in the BIH Armed Forces, and the right to a leave of absence during religious holidays. The paper particularly analyses the conditions under which there is a possibility for restricting the right to free manifestation of faith, in the part of a by-law restricting the right of persons in professional military service to have a beard, with the exception of religious offcers in the BiH Armed Forces. The focus is on the legal obligation of the legislator limiting the right to prove the necessity of such a decision so as to prevent autocracy on the part of the authorities. In addition to a comparative overview of the relevant law and case law, the paper discusses in detail some examples of persons having a beard in the armed forces of several NATO members. Furthermore, the final section of the paper investigates the presence of discrimination, first and foremost through the relationship obtaining with regard to military personnel and religious offcers of the same religion and, subsequently, through the issue of equal treatment on the part of the State with regard to prominence of different religious symbols.

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Wymiana agentów wywiadu – aspekty prawne i polityczne

Author(s): Stanisław Hoc / Language(s): Polish Issue: 44/2019

The author considers the problem of exchanging intelligence agents in international and criminal law. The institution of exchanging intelligence agents is a legal custom, but there are also several regulations connected with pardons. The theoretical issues are enriched with examples from different countries.

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Karnoprawna ochrona dziedzictwa kulturowego przed zniszczeniem w wybranych państwach europejskich – zarys zagadnienia

Author(s): Olgierd Jakubowski / Language(s): Polish Issue: 44/2019

Properly constructed criminal law provisions can prevent the destruction of heritage. The laws of the European Union are not an appropriate tool to reduce this phenomenon, although an analysis of criminal laws of individual countries may help in developing effective solutions in the Polish legal system. This article presents the criminal law solutions to protect against the destruction of heritage in France, Italy and Austria. Comparison of the provisions in these European countries allows the effective scope of protection of their cultural property to be indicated and to assess the possibility of including some of the standards to the Polish system of heritage protection.

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Afrykański pomór świń i interwencyjny odstrzał dzika – podstawy prawa unijnego i krajowego

Author(s): Magdalena Sitek / Language(s): Polish Issue: 44/2019

The ASF virus has been spreading among wild boars for over a decade in several European countries, including Poland. As a result, there are quite numerous infections among domestic pigs as well. Therefore, numerous EU and Member State regulations have been published in this respect and a biosecurity procedure has been introduced. One of its elements is to hunt wild boars in areas vulnerable to the ASF virus. The increase in the number of infections among wild boars and the appearance of numerous outbreaks of this disease among pigs prompted the Polish authorities to allow a significant increase in the amount of wild boar hunting. This decision aroused debate on the legitimacy of such a solution. The purpose of this study is to analyse the provisions of EU and Polish law regarding the legitimacy of an increase in the amount of wild boar hunting in Poland.

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Ewolucja charakteru prawnego roszczenia o zadośćuczynienie pieniężne z tytułu naruszenia dóbr osobistych

Author(s): Marek Sobczyk / Language(s): Polish Issue: 45/2019

This paper deals with evolution of the claim for the monetary recompense for the harm suffered in case of the infringement of individual’s personal interests from antiquity to modern law. The regulations of the Twelve Tables Law and Roman actio iniuriarum aestimatoria are described briefly to demonstrate their penal and strictly personal character. The classical actio iniuriarum was a pure penal action, because the victim of iniuria could claim the payment of the pecuniary penalty to his own hands. Due to its strictly personal character it was both passively and actively untransmissible, that means that it could not be used against the perpetrator’s heir and by the heir of the victim. In further development of law the claim lost its penal nature and became a compensating one. Actio iniuriarum was rejected finally in 19th century. Modern claim for the monetary recompense for the harm suffered fulfills compensating function, not a repressive one, but as a rule it still cannot be raised by the victim’s heir.

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O relacji dóbr osobistych osób prawnych i osób fizycznych

Author(s): Paweł Lewandowski / Language(s): Polish Issue: 46/2019

The paper discusses the characteristics of the personal rights of legal persons, including the need to see the subjective aspect in the universal definition of personal rights. It has been assumed that a legal person may both infringe other’s personal rights and be injured by a violation of its personal rights. Due to the fact that the legal person has no feelings, does not show emotions, its personal rights should be perceived through the objective criteria. At the same time, due to the fact that the reflection of the action of a legal person is, among others, operation of its organs (Art. 38 of the Polish Civil Code), mutual relations between the violation of the personal rights of a legal person and natural persons associated with are inevitable, which confirmed this considerations.

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