Studia Prawa Publicznego最新文献

{"title":"Współczesne tendencje w obszarze ochrony konsumentów na rynku usług finansowych z uwzględnieniem regulacji instytucji ochrony konsumentów: Rzecznika Finansowego i Prezesa Urzędu Ochrony Konkurencji i Konsumentów","authors":"Sofya Chashchina","doi":"10.14746/spp.2021.4.36.5","DOIUrl":"https://doi.org/10.14746/spp.2021.4.36.5","url":null,"abstract":"The article deals with some issues related to consumer (client) protection on the financial market. Legal regulations constantly change in this area. New regulations are introduced, which makes the subject of consumer protection very topical and important, especially with many accompanying transactions on the financial market. The multiplicity of legal acts and the influence of European legislation, especially EU regulations, can lead to many misunderstandings in terms of terminology. An attempt was made to clarify the concepts of consumer and client on the basis of Polish legislation. According to numerous amendments to the regulation, the entities on the market using financial services should make efforts to conduct a correct assessment of its legal situation and the possibility of using the help of institutions. The range of protected entities differ depending on the legal act that is analyzed. The author draws attention to the ways in which the legislator created a definition of a protected entity and the areas in which it provides legal protection. The analysis also includes legal provisions concerning the competences of institutions performing consumer protection functions: the Financial Ombudsman and the President of the Office of Competition and Consumers, which is a body specializing in individual consumer matters, and a public administration body. Their competences and roles, which overlap in certain areas, have been the subject of lively discussion for a time. This was due to the proposed draft act of December 2020, the provisions of which abolished the institution of the Financial Ombudsman, and transferred his competences to the President of the Office of Competition and Consumer Protection. The paper presents the direction of legal changes in the institutional area of consumer protection of financial services, the ratio of such actions, as well as the outlined European legislator’s vision of adequate consumer protection.","PeriodicalId":176818,"journal":{"name":"Studia Prawa Publicznego","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126214852","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Matthiew Ormsbee, The Fifth Instrument of National Power: How Mass Migrations Impact National Security (Piąty instrument potęgi narodowej: jak masowe migracje wpływają na bezpieczeństwo narodowe), „Creighton Law Review” 2021, vol. 54, no. 3, s. 381–410","authors":"Agnieszka Narożniak","doi":"10.14746/spp.2021.4.36.9","DOIUrl":"https://doi.org/10.14746/spp.2021.4.36.9","url":null,"abstract":"Matthiew Ormsbee, The Fifth Instrument of National Power: How Mass Migrations Impact National Security (Piąty instrument potęgi narodowej: jak masowe migracje wpływają na bezpieczeństwo narodowe), „Creighton Law Review” 2021, vol. 54, no. 3, s. 381–410","PeriodicalId":176818,"journal":{"name":"Studia Prawa Publicznego","volume":"132 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134478644","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Maciej Kruś, Akt transnarodowy w systemie europejskich aktów administracyjnych, Wydawnictwo Naukowe UAM, Poznań 2021, ss. 296, ISBN: 978-83-232-3865-2","authors":"Paulina Jachimowicz-Jankowska","doi":"10.14746/spp.2021.4.36.7","DOIUrl":"https://doi.org/10.14746/spp.2021.4.36.7","url":null,"abstract":"Recenzja","PeriodicalId":176818,"journal":{"name":"Studia Prawa Publicznego","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129847825","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Evolution of Classical Evaluation Standards in Competition Law: The Legal Assessment of Tying in View of Challenges Raised by Digital Markets","authors":"Mateusz Musielak","doi":"10.14746/spp.2021.3.35.4","DOIUrl":"https://doi.org/10.14746/spp.2021.3.35.4","url":null,"abstract":"This paper provides a detailed review of evaluation standards for the legal assessment of tying. This practice, which constitutes an abuse of a dominant position, is a significant breach of competition law. The mechanism of this type of abuse is based on taking advantage of market power in the supply of one product to create packed offerings capable of precluding competition from superior rival solutions. Tying occurs when one product, the “tying product”, is sold only with another product, the “tied product”. In the prevailing number of cases, tying serves to consolidate the company’s dominant position on the tied product market, which usually aims to share the tying product’s large customer group with the less-desired product. However, tying is not illegal per se. In many cases, it does not lead to any anti-competitive concerns, and might be beneficial for consumers. This is why each assessment of this conduct must be carefully evaluated with special attention given to the effects, in accordance with the generally applied effect-based approach, and also potential efficiencies. An analysis of the case-law and literature reveals the basic mechanisms for conducting a legal assessment of tying. However, the use of these mechanisms will not be possible without their adaptation to the ongoing changes caused by technological development. Digital markets not only generate incremental revenues, but are also the sources of new or unusual legal arrangements. It will more frequently be the case that existing provisions will not be able to address every new practice accurately without new acts. The Digital Markets Act aims to adapt the existing legal framework to contemporary market realities and to become a modern tool for enforcing competition law rules on digital markets. The European Commission is seeking to broaden its powers to intervene at the earliest possible stage, before an undertaking affects the competition on a market.","PeriodicalId":176818,"journal":{"name":"Studia Prawa Publicznego","volume":"66 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-09-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125106257","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Dialog między regionalnymi trybunałami praw człowieka","authors":"A. Dąbrowska","doi":"10.14746/spp.2021.3.35.2","DOIUrl":"https://doi.org/10.14746/spp.2021.3.35.2","url":null,"abstract":"The multiplicity of international judicial authorities makes their mutual interactions a challenge. In recent years, three regional human rights courts, with the competence to hear casus of violations of human rights protected by international law, have worked together to establish a robust dialogue. In spite of their normative, social or political differences, they have begun to intensify efforts to strengthen their bonds. The historic San José Declaration has provided formal conditions for the trilateral dialogue between the European Human Rights Court, Inter-American Human Rights Court, and African Court on Human and People’s Rights. The dialogue undertaken by the regional human rights courts contains not only a reference to its jurisprudence, but also a number of practices, incl. the exchange of experience. It is intended to establish consistency between human rights protection systems across the region. The initially informal cooperation has transformed into a trilateral dialogue that directly contributes to the improved understanding and implementation of human rights, which in turn constitutes a challenge to international human rights legislation. The aim of the article is to present the judicial dialogue in the field of human rights, to draw attention to its dynamics and to emphasize its role in changing some aspects of the understanding of law characterized by the principle of territoriality. This discussion is also intended to focus attention on the functions of dialogue, including penetration and mutual inspiration as well as strengthening the authority of courts. \u0000 ","PeriodicalId":176818,"journal":{"name":"Studia Prawa Publicznego","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-09-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125332962","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Nadzór nad lecznictwem uzdrowiskowym ze szczególnym uwzględnieniem czynności kontrolno-nadzorczych nad zakładami lecznictwa uzdrowiskowego","authors":"Paulina Jachimowicz-Jankowska","doi":"10.14746/spp.2021.3.35.3","DOIUrl":"https://doi.org/10.14746/spp.2021.3.35.3","url":null,"abstract":"Spa treatment, which constitutes an integral part of health care, is an organized activity consisting in providing health care services in the field of spa treatment or spa rehabilitation carried out in a spa by spa treatment facilities. In order to ensure the proper and efficient operation of this form of treatment in specially adapted facilities that are medical entities, this treatment is subject to professional supervision. Supervision over health resort treatment entails the control and evaluation of health resort treatment carried out in health resort treatment establishments. This issue is regulated primarily in the Act of 28 July 2005 on spa treatment, health resorts and health resort protection areas and in health resort communes, as well as in the Act of 15 April 2011 on medical activity. The study contains an analysis and evaluation of the legal regulations concerning the supervision of spa treatment. It discusses the basic terms related to spa issues and presents some concepts of control and supervision in terms of the doctrine. Spa supervision is characterized by specific regulations and the degree of complexity. This applies to individual issues that allow the reconstruction of the essence of supervision. These are the supervisory authorities, subject of supervision, the supervised entities, criteria and scope of supervision exercised and legal means of supervision. The authorities supervising the health resort treatment include the Minister of Health, the Voivode, the Minister of National Defense and the Minister of the Interior. In this article, in the analysis of the scope of his competences and control and supervisory powers great attention is paid to the Minister of Health as the central body of government administration in the field of matters belonging to the department of health administration managed by him. Due to the specific nature of supervision of this treatment carried out in the voivodeship, the legal position of the chief physician of the health resort, with whose help the voivode exercises this supervision, was analyzed. Since spa treatment is carried out in spa facilities in a health resort, the study contains the problem of separate control procedurescarried out in this area, within which special attention is paid to internal, management and ad hoc control.","PeriodicalId":176818,"journal":{"name":"Studia Prawa Publicznego","volume":"243 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-09-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116159840","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Ivana Kudláčková, Kybernetická zbraň: Přístupy k její definici (Broń cybernetyczna. Próba definicji), „Revue pro právo a technologie” 2020, č. 21, s. 47–71, DOI: 10.5817/RPT2020-1-3","authors":"Karol Dąbrowski","doi":"10.14746/spp.2021.2.34.10","DOIUrl":"https://doi.org/10.14746/spp.2021.2.34.10","url":null,"abstract":"","PeriodicalId":176818,"journal":{"name":"Studia Prawa Publicznego","volume":"28 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-09-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114611217","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Sprawozdanie z Międzynarodowej Konferencji Naukowej „Reformy sądownictwa administracyjnego w państwach młodej demokracji”, Łódź, 10–11 czerwca 2021 r.","authors":"J. Mikołajczyk","doi":"10.14746/spp.2021.3.35.9","DOIUrl":"https://doi.org/10.14746/spp.2021.3.35.9","url":null,"abstract":"","PeriodicalId":176818,"journal":{"name":"Studia Prawa Publicznego","volume":"28 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-09-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116644757","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Paweł Chmielnicki, Dobrochna Minich, Gorzki smak kiełbasy wyborczej. Obietnice wyborcze i ich realizacja ustawami w latach 2015–2016, Wydawnictwo Wolters Kluwer, Warszawa 2019, ss. 584, ISBN 978-83-8160-914-2","authors":"M. Czechowski","doi":"10.14746/spp.2021.2.34.7","DOIUrl":"https://doi.org/10.14746/spp.2021.2.34.7","url":null,"abstract":"","PeriodicalId":176818,"journal":{"name":"Studia Prawa Publicznego","volume":"297 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-09-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124236439","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Problematyka imperium Państwowej Inspekcji Pracy na przykładzie wystąpienia inspektora pracy","authors":"M. Sobol","doi":"10.14746/spp.2021.2.34.5","DOIUrl":"https://doi.org/10.14746/spp.2021.2.34.5","url":null,"abstract":"The labour inspector’s statement constitutes a non-statutory form of enforcing labour rights. In this context, we can see a variety of problems related both to the impact of the legal measure itself, appealing against it, as well as to the role it plays in ensuring compliance with employment rights. The jurisprudence and literature to date indicates explicitly that the employer’s failure to comply with the content of the labour inspector’s speech does not give rise to any negative legal consequences. Nevertheless, employers who do not agree with the solutions recommended by the authority through the labour inspector’s speech perceive this specific measure as a special type of decision. The decision itself, in turn, seems to be a natural manifestation of the state, the authority indicating to the subject of law the individual directions of its behaviour. However, this is, in fact, a different act. The article doubts the implementation of the model of labour supervision and control assumed by the legislator in the light of the measure outlined in the labour inspector’s speech. As a result, allowing this measure to be left to the inspector’s discretionary use may lead to the reinforcement of the feeling of a lack of efficiency on the part of the state bodies in the field of protection of workers’ rights, especially that the cases of its use are an open catalogue, which includes issues such as working time or the employment of young people. In order to better understand these trends, two examples are discussed where the National Labour Inspectorate had an impact on situations of a gross violation of labour law standards. A de lege ferenda direction has also been indicated, which means the creation of the institution of “re-inspection” of the employer. The existence of a non-authoritative “recommendation”, which is a statement by the labour inspector, is in fact a manifestation of the implementation of Article 17, paragraph 2 of the ILO Convention No. 81, which would not be incompatible with the consequence in the form of addressing a statement.","PeriodicalId":176818,"journal":{"name":"Studia Prawa Publicznego","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-09-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115408734","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}