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.

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.

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

BRIEF CONSIDERATIONS ON TELEWORK DURING PANDEMIC

Author(s): Dana Volosevici / Language(s): English Issue: 1/2020

The COVID-19 pandemic has caused an unprecedented health and economic crisis worldwide and at this date it is still too early to have the complete picture of the consequences. Employers were forced to implement efficient measures to contain and mitigate the virus, while maintaining economic activity. In many European countries, authorities imposed or at least urged the employers to telework, in order to ensure the employees’ health protection. The paper addresses some aspects of teleworking, inviting to further developments

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.

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.

Rodzina w świetle wybranych aktów prawnych z okresu Polski Ludowej

Author(s): Diana Dajnowicz-Piesiecka / Language(s): Polish Issue: 11/2021

The family was an important component of society in the period of the People’s Republic of Poland because it had its share in meeting the ideological and political needs of the state by providing new builders of socialism. Bearing in mind the importance of the family, both historical and contemporary, this article presents and discusses selected legal acts enacted in the period of the People’s Republic of Poland, which protected the basic social cell, the family. Based on the discussion of the provisions of the Constitution of the People’s Republic of Poland of 1952, the Family Code of 1950, the Family and Guardianship Code of 1969, the Penal Code of 1969 and the Alimony Fund Act of 1974, it is shown to what extent the family remained in the interest of the legislature in the years 1944–1989.

Organizational and legal procedures for ensuring the security and protection of an economic entity: a security knowledge approach

Author(s): Oksana Vivchar,Inna Zaitseva-Kalur,Oksana Redkva,Volodymyr Gevko / Language(s): English Issue: 46/2019

Target setting. Establishing and applying a “trade secret” regime to information that is commercially valuable to an entity is one of the priority issues for strengthening economic security. Actual scientific research and issues analysis. The problems of security and protection of commercial secrecy have been studied extensively by such researchers as H. Androshchuk, Yu. Nosik, O. Slipachuk, A. Sliadnieva, S. Chikin, V. Chernenko and others. The authors analyse the current state of the legal regulations of this institute, investigate the protection of trade secrets in the countries of the European Union and consider measures of legal and organizational nature regarding its preservation, etc. However, despite the rich scientific background in this field, the issues of protection and protection of trade secrets remain relevant today. The lack of a special law on trade secrets imposes on entities the setting of objectives to establish and enforce trade secret systems for information which is important and valuable for strengthening the economic security of the enterprise. It offers both great opportunities for the latter and requires great effort and responsibility in their decision making.

The Tendency of Business Entities to Utilise Lease for Real Estate Financing

Author(s): Iwona Foryś,Mirosław Górski,Karolina Jarosz / Language(s): English Issue: 109/2019

Purpose: Real estate leasing is more and more often treated as an alternative way to raise funds for real estate acquisition. Despite undoubted advantages it has, the development tendencies of this form of real estate financing should be assessed quite coolly. Method: The objective of the article is to present both barriers and elements stimulating the development of real estate leasing and to compare two forms of real estate financing: credit and leasing in the Polish conditions. Findings: The results of the conducted research on the real estate leasing show that despite significant economic development in Poland, the interest in real estate financing is of a marginal character. Due to synergistic effects of multiple determinants on an enterprise, it is very hard to indicate which factors in particular influence an increase in trends in this area. Research implications: The results of a legal and tax analysis and simulation may lead real estate investors to consider an alternative form of financing. This can be a beneficial solution in the case of poor credit rating.

The Impact of Regulations Concerning the Shaping of Agricultural System on Spatial Development

Author(s): Teodor Skotarczak / Language(s): English Issue: 109/2019

Purpose: The aim of the study was to assess the impact of changes introduced in 2016 in the sale of agricultural properties on spatial order and trade in agricultural properties. In addition, the economic effects of introducing new regulations shaping the agricultural system were introduced into the legal order. Method: The publication analyses available scientific literature and legal acts. Transaction prices of agricultural real estate subject to sales contracts in the years 2016-2019 were analysed. The scope of the research covered all voivodeships of Poland. Findings: The conclusion drawn from the data referring to the prices of agricultural properties in the period covered by the study allows to assume that the effects of changes in regulations on trading in these properties in various voivodeships are not uniform for the whole country. The limitation of the research was unavailability of the trading volume along with a reference to the area of real estate being traded. In principle, the available data relate to transaction prices only. Research implications: The conducted research allows to indicate the relationship between spatial planning and agricultural policy and show that they are interdependent not only in rural areas.

The Condition of Fault in Private Enforcement of Competition Law – a Comparative Analysis of U.S. v. Polish and European Approach

Author(s): Marta Maćkiewicz / Language(s): English Issue: 21/2020

The purpose of the Polish Act on Claims for Damages for Remedying the Damage Caused by Infringements of Competition Law, based on and implementing EU law – the Damages Directive, was to enable undertakings to effectively use private enforcement of their damages claims from competition law offenders. Infringement of competition law is classified as a tort according to the said Act on Claims. Therefore, the Act on Claims refers to tort liability rules. The conditions of classic tort liability in domestic law do not have exactly the same dogmatic meaning and scope as the conditions of public or private liability for the infringements of domestic and EU competition law. In practice, their application by national courts may rise many questions regarding conformity between domestic and EU law. This paper aims to analyse one of the key conditions of tort liability, that is, the fault of both the undertaking – the offenders, as well as the fault of their governing bodies and officers. If one were to understand the notion of fault within the limits laid down by civil law, and follow the literal wording of the Polish Civil Code’s provisions referring to the fault condition, the efficiency of private enforcement of damage claims arising from infringements of competition law would be doubtful. Therefore, the aim of this paper is to provide the readers with such an interpretation of the notion of fault, as a condition of liability of undertakings, that the legislative purpose of the Act on Claims is achieved and that the principles of efficiency and equivalence of the EU law are observed. In order to present a comprehensive picture, this paper will also discuss the case law of the CJEU concerning ‘anti-trust fault’, accompanied by a comparative analysis of the German and French approach to the fault condition as well as United States antitrust laws in the same area.

(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.

РУХ ЗА ГРОМАДЯНСЬКІ ПРАВА ЧОРНОШКІРОГО НАСЕЛЕННЯ США

Author(s): Yelyzaveta Miadzelets,Inna Pidbereznykh / Language(s): Ukrainian Issue: 4/2020

Recently, the problem of discrimination and racism has become particularly acute in American society due to the fact that racism still exists in the subconscious of Americans. This is evidenced by the discriminatory speeches of former US leader Donald Trump, the methods used by the police against the black population and the attitude of the older generation of the southern states. In the 21st century, no statement or action can go unnoticed and have a great resonance, but this was not always the case. The theme of racism is still not forgotten, because there are still stories in which there is discrimination on the basis of race. The purpose of this article is to analyze the path of black people and activists, from humiliation, discrimination, lawlessness to respect and equality. Find out what obstacles activists encountered in gaining civil rights. Research methods: used general scientific research methods (logical, structural-systemic, analysis, synthesis, induction, deduction, method of comparison) and specific-historical (comparative-historical, historical-genetic, historical-typological). Conclusions. Activists of the civil rights movement of the black population have achieved extraordinary results. The black population was finally able to move freely around the country, not afraid of persecution by radical racist organizations. They received the right to get a high-quality education, to visit various public places, parks and libraries previously prohibited for them; they began to be served in cafes and restaurants. On public transport, everyone could sit wherever they wanted. Most importantly, they were given the right to vote, the right to get a good job and a promotion, and all those rights that were not available to them because of their skin color. Civil rights activists and ordinary citizens have come a long way for equal rights, but to get rid of prejudices based on race, unfortunately, still a long way to go.

PRIKAZ ZBORNIKA RADOVA TREĆE GODIŠNJE KONFERENCIJE PRAVOSUDNOG FORUMA ZA BOSNU I HERCEGOVINU „PRAVO NA SUĐENJE U RAZUMNOM ROKU“

Author(s): Arben Murtezić,Davor Trlin / Language(s): Bosnian Issue: 25/2020

Treća godišnja konferencija Pravosudnog foruma za Bosnu i Hercegovinu u organizaciji Ustavog suda Bosne i Hercegovine i AIRE Centra, namijenjena sudijama najviših sudova u Bosni i Hercegovini o temi „Pravo na suđenje u razumnom roku“, održana je od 15. do 18. novembra 2019. godine na Jahorini. Po više kriterija, uključujući renome učesnika, relevantnost teme, te nivo izlaganja i diskusija, radilo se o izuzetnom događaju. Konferencija je rezultirala i publiciranjem kvalitetnog Zbornika, koji sadrži kombinaciju referata i odabranih slučajeva prakse Evropskog suda za ljudska prava, a izdata je početkom 2020. godine

Karolina Ziemianin, Dowód z zeznań świadka w procesie cywilnym, C.H. Beck, Warszawa 2019

Author(s): Andrzej Marciniak / Language(s): Polish Issue: 33 (1)/2021

Ogólnopolska konferencja naukowa „O pojmowaniu prawa i prawoznawstwa”, Szczecin, 26 listopada 2020 roku

Author(s): Patryk Kupis / Language(s): Polish Issue: 33 (1)/2021

Kontinuitet pravnog poretka u Bosni i Hercegovini nakon 1878.godine

Author(s): Sead Bandžović / Language(s): Bosnian Issue: 87-88/2021

Article XXV of Berlin Treaty from 1878 allowed Austro-Hungarian Empire to occupy Bosnia and Herzegovina. Due to its cultural, religious and other specifities Bosnia and Herzegovina was positioned as special administrative entity in the Empire (corpus separatum) which was governed together by Austria and Hungary. When it comes to the Bosnian legal system a continuity between previous Ottoman and Austro-Hungarian government was established keeping most of the legal institutes from Ottoman written and Bosnian custom law especially in civil law area. The new government dealed with complex legal sistem in Bosnia and Herzegovina which consisted of Sharia law, Ottoman Tanzimat law, regulations of religious minorities (millets), consular and custom law. The main princip was respecting and implementation of existing law until the promulgation of new ones. In praxis that led to various situations. In some legal fileds previous law was kept and in other new regulations were passed and even directly implemented in occupied land such as Austrian Civil Code (ABGB). With this politic it was ment to keep the existing legal sistem and to gradually modernise Bosnia and Herzegovina bringing it from Ottoman oriental legal sphere to the Contitental European.

Aspecte legale privind licitaţiile de artă online

Author(s): Vlad Vieriu / Language(s): Romanian Issue: 4/2021

Lato sensu, the moveable cultural heritage overlaps a much wider area of our cultural life, much more than the strictly technical dimension of objects which are listed in the national moveable cultural heritage. The contemporary human civilization is interested, now more than ever, in its cultural life. The circulation of cultural property has intensified with the increase in the interest in culture, in the light of a peaceful and prosper post war period. The technical means have allowed the remote management of rights on cultural property, and its peek was reached when the conclusion of legal acts turned into a necessity during the pandemic. Thus, a specific universe of on-line art auctioning came to light, and its legal particularities are of current interest.

Octaves and Fifths Hidden in Cyberspace / Octave și cvinte ascunse în cyberspațiu

Author(s): Alin-Corneliu Văcean / Language(s): English,Romanian Issue: 1/2021

Lato sensu when we encounter in treatises on harmony the notion of octaves and parallel/anti-parallel or direct fifths, we find out that these movements of the voices in the tonal-functional harmony are as a rule prohibited for a number of reasons. Alexandru Pașcanu motivated these interdictions related to the parallel fifths as follows “the reason for this categorical interdiction does not reside in the fact that it sounds bad (as they say), but rather in a stylistic imperative. The parallel fifths, reminiscences of the primitive polyphonic forms, create a modal atmosphere that contradicts the tonal ambience”. The challenge in this article consists in making a parallel between the rules of harmony, of voice leading, that we musicians know only too well, and those other rules – the rules of law (applicable in cyberspace) – which could be very concisely defined as: “those general and abstract rules that regulate the conduct of law subjects in their legal relationships or simply the rules of social conduct or morals”.Using transposition and focusing on the rules that address the active or passive participants in cyberspace, we shall be able to identify a series of rules/norms that govern this electronic realm, and implicitly, reveal a range of illicit conducts, as a consequence of the breach of these rules by users.The availability and accessibility of the Internet have brought about personal and social changes. There has been an important increase in the number of human activities that have moved face-to-face encounters from the physical space into cyberspace through online activities - particularly during this pandemic – and these new habits are slowly changing customs, practices, priorities, governing, and even human culture. In cyberspace people behave in a manner that requires new concepts in psychology, as well as in the realm of national, European, and international law, which require the use of old psychological knowledge, as well as the articulation of new ideas in order to understand and explain the human behaviour in cyberspace.

II Ogólnopolska Konferencja Naukowa „Samobójstwo w prawie polskim i naukach pokrewnych”, Szczecin, 10–11 grudnia 2020 roku

Author(s): Martyna Sowa,Konrad Burdziak / Language(s): Polish Issue: 34 (2)/2021