Recueil des Travaux Chimiques des Pays-Bas最新文献

{"title":"Councillor Clubs in Communes in Poland and France","authors":"M. Augustyniak","doi":"10.31743/RECL.11162","DOIUrl":"https://doi.org/10.31743/RECL.11162","url":null,"abstract":"The article presents the legal status of councillor clubs in Poland and in France. It discusses establishment and functioning of clubs that are usually created on the basis of political criteria, in the light of a councillor’s free mandate and social control. It presents elements of club’s financing and possibility to express opinions by minority clubs in a council. The analysis of the legal status of councillor clubs leads to conclusions and determination of the direction of changes in the scope of the research concerned. The legal status of councillor clubs corresponds to the issue of quality of democratisations of a self-governing authority. Therefore, specification of premises determining organisation and operation of councillor clubs in a municipal council is a significant regime-related issue. The problems related to functioning of the councillor clubs in the Polish and French legal orders is currently a challenge for contemporary local self-government.","PeriodicalId":20823,"journal":{"name":"Recueil des Travaux Chimiques des Pays-Bas","volume":"21 1","pages":"37-52"},"PeriodicalIF":0.0,"publicationDate":"2021-02-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80004329","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":"Investing on the Polish Market of Condo-Hotels and Apart-Hotels – Selected Legal Issues","authors":"Ewelina Badura","doi":"10.31743/RECL.9953","DOIUrl":"https://doi.org/10.31743/RECL.9953","url":null,"abstract":"The institutions of a condo-hotel and apart-hotel are not defined in Polish legislation. However, ownership issues of such facilities are not entirely outside statutory regulations. Legal diversity, the absence of an unambiguous definition and of transparent statistical data, combined with the interchangeable use of the terms “condo-hotel” and “apart-hotel” by investors and operators of such facilities may raise concerns about the proper functioning of the market for this type of investment in Poland. The risks of investing in condo-hotels and apart-hotels in Poland can be divided into several basic categories.","PeriodicalId":20823,"journal":{"name":"Recueil des Travaux Chimiques des Pays-Bas","volume":"279 1","pages":"155-179"},"PeriodicalIF":0.0,"publicationDate":"2021-02-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75783804","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 Question of Public Participation in the Procedure for Authentic Interpretation of Laws","authors":"Gordan Struić","doi":"10.31743/RECL.11433","DOIUrl":"https://doi.org/10.31743/RECL.11433","url":null,"abstract":"Authentic interpretation of laws is an interpretation of legal provisions that, due to their lack of clarity or misinterpretation in their application, is provided by the parliament. Unlike the legislative procedure, which is conducted, as a rule, in two (exceptionally three) readings, a proposal for giving an authentic interpretation is discussed in one reading. Starting from the understandings of some authors that the act of authentic interpretation of laws is contrary to the principle of democratic pluralism, and that it lacks the necessary level of democratic control and citizen participation, the author examines whether the Croatian parliamentary law enables public participation in the procedure for authentic interpretation of laws and, if so, what legal instruments can be used to implement it in parliamentary practice. To this end, the paper analyzes several relevant constitutional, legal, and procedural provisions of the Croatian parliamentary law, with reference to a parliamentary practice. Given the fact that the procedure for authentic interpretation in the Republic of Croatia, the Republic of North Macedonia, the Republic of Slovenia and the Republic of Serbia is regulated in a similar way by the rules of procedure of their respective parliaments, the relevant regulations of the latter three countries on the possibility of public participation in this procedure are analyzed as well. It was concluded that Croatian parliamentary law enables public participation in the procedure for authentic interpretation, through the instru* Gordan Struić, M.A., University Specialist in Comparative Politics, and PhD Candidate at the Faculty of Political Science, University of Zagreb, Republic of Croatia; Advisor in the Office of the President of the Croatian Parliament (Speaker’s Office); correspondence address: Trg. sv. Marka 6, 10000 Zagreb, Republic of Croatia; e-mail: gordan. struic@gmail.com; http://orcid.org/0000-0001-6528-4436.","PeriodicalId":20823,"journal":{"name":"Recueil des Travaux Chimiques des Pays-Bas","volume":"22 1","pages":"127-154"},"PeriodicalIF":0.0,"publicationDate":"2021-02-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87745816","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":"Observance of Human Rights as an Element of Shaping the Position of the European Enterprise in the Knowledge-Based Economy","authors":"Kinga Machowicz","doi":"10.31743/RECL.11344","DOIUrl":"https://doi.org/10.31743/RECL.11344","url":null,"abstract":"The goal of the article is to determine the role played by observance of human rights in shaping the position of the European enterprise in the knowledge-based economy. It has been assumed that the condition most expected by an entrepreneur is to achieve a competitive advantage. The concept of observance of human rights in conducting business activities is connected with business ethics and the idea of corporate social responsibility, while economic well-being can be achieved in the conditions of a knowledge-based economy. One of the conditions for the survival and development of the employer conducting business activities in the knowledge-based economy is to effectively motivate employees to reveal their knowledge and use it in practice. Non-financial motivation may involve the feeling of identification with the employer.","PeriodicalId":20823,"journal":{"name":"Recueil des Travaux Chimiques des Pays-Bas","volume":"123 1","pages":"7-18"},"PeriodicalIF":0.0,"publicationDate":"2021-02-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83509091","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":"Environmental Management of ISO 14001 System Enforcement in EU Countries","authors":"E. Zębek","doi":"10.31743/RECL.9958","DOIUrl":"https://doi.org/10.31743/RECL.9958","url":null,"abstract":"The European Union International Organization for Standardization management system for the environment (ISO 14001) is established by European Commission Regulation 1221/2009. This legislates a voluntary system where organizations can register in a community eco-management and audit scheme. In the literature, this standard is recognized as an instrument of international environmental protection law, introduced by soft law regulations. ISO 14001 has been implemented by many global and European organizations, and it strives to improve the quality of their environmental resources. It was considered that the ISO 14001 eco-management and audit scheme enforced protection of environment in EU countries by imposing the obligation to implement appropriate legal regulations in this area. This article aims is determine what legal solutions in chosen UE countries enable the effective implementation of ISO 14001 and what positive effects it has on the state of the environment in these countries. The results demonstrated that the number of certified organizations is increasing despite the many difficulties and costs of implementing and organizing required environmental protection areas. The implementation of ISO 14001 was described using the example of Poland and Italy compared to other EU countries. The uptake identifies improved environmental quality, and this is confirmed by indicators of decreasing gas emissions and increasing waste recycling which improve global * Dr. habil. Elżbieta Zębek, Associate Professor, Faculty of Law and Administration, Department of International Public Law and Law of European Union, University of Warmia and Mazury in Olsztyn; correspondence address: Obitza 1, 10-752 Olsztyn, Poland; e-mail: elzbieta.zebek@uwm.edu.pl; https://orcid.org/0000-0002-8637-8391.","PeriodicalId":20823,"journal":{"name":"Recueil des Travaux Chimiques des Pays-Bas","volume":"30 1","pages":"53-80"},"PeriodicalIF":0.0,"publicationDate":"2021-02-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79491645","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":"Financial-Law Problems in Providing Free-of-Charge Legal Aid in Poland. Legal Comparative Aspects","authors":"M. Świstak","doi":"10.31743/RECL.11495","DOIUrl":"https://doi.org/10.31743/RECL.11495","url":null,"abstract":"Free-of-charge legal assistance remains one of the key areas of state activity. However, the system created is not optimal and its formal, organisational and financial framework needs to be modified. This concerns not only an increase in the amounts of funding, but also the quality of services provided. Not only is the choice of the legal and organisational model of providing legal assistance doubtful, but also the subjective and objective scope of the statutory regulations (including in the context of interpretation of tax regulations) raise some objections. As a postulate for the law as it should stand de lege ferenda), it is proposed to make appropriate legislative changes, aimed not only at clarifying the content of the provisions, or removing the legislative inconsistencies found, but also at thoroughly considering a remodelling of the legal assistance system in Poland. The above conclusions were formulated against the backdrop of the organisational and financial legal solutions adopted in other countries. To this end, the author used the formal-dogmatic and comparative legal methods, and also resorted to the historical method as an auxiliary method, in order to show the evolution of the institution under analysis.","PeriodicalId":20823,"journal":{"name":"Recueil des Travaux Chimiques des Pays-Bas","volume":"24 1","pages":"103-126"},"PeriodicalIF":0.0,"publicationDate":"2021-02-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84674043","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":"Procedure for Out of Court Settlement of Consumer Disputes before the Passenger Ombudsman","authors":"Dominika Zawacka-Klonowska","doi":"10.31743/recl.5732","DOIUrl":"https://doi.org/10.31743/recl.5732","url":null,"abstract":"The adoption of Directive 2013/11/EU of the European Parliament and of the Council of 21.05.2013 on alternative dispute resolution methods for the settlement of consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC and Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21.05.2013 on the online system of consumer disputes resolution and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC, was intended to enable consumers to resolve disputes with entrepreneurs using alternative dispute resolution methods. In order to ensure that consumers can exercise the rights granted to them by EU law, by way of implementation of the Regulations there has been an amendment of the Act of 3 July 2003 - Aviation law (i.e. Journal of Laws of 2019, item 1580), on the basis of which the institution of the Passenger Ombudsman at the Civil Aviation Office was established, which is an entity entitled to conduct proceedings for the out-of-court settlement of consumer disputes between a passenger and an air carrier, tour operator, or seller of air tickets, entered into the register of entitled entities. The purpose of this study is to present the legal regulation concerning proceedings before the Ombudsman, indicating the political position of the Passenger Ombudsman and his team using analytical and comparative research methods.","PeriodicalId":20823,"journal":{"name":"Recueil des Travaux Chimiques des Pays-Bas","volume":"43 1","pages":"65-82"},"PeriodicalIF":0.0,"publicationDate":"2020-12-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86445377","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":"Russians on the Polish Labour Market","authors":"Krystyna Gomółka","doi":"10.31743/recl.9851","DOIUrl":"https://doi.org/10.31743/recl.9851","url":null,"abstract":"The article looks into the employment of Russian citizens in Poland in 2004–2018. It presents the legal basis for Russians’ entering Poland and taking up work without having to seek a work permit, and specifies who must apply for such a permit. Russian citizens can obtain refugee status under the Geneva Convention, which grants them the right to move freely, choose their place of residence and undertake paid employment, while guaranteeing social security. On the basis of the Act on granting protection to aliens, citizens of the Russian Federation may obtain subsidiary protection if their return to their country of origin may expose them to a real risk of serious harm. A tolerated stay is granted to aliens where an alien might be expelled to a country in which their life, freedom and personal security would be jeopardised, where they could be subjected to torture, degrading treatment, humiliation, forced to work or deprived of the right to a fair trial. Training and employment can be undertaken in Poland under the bilateral agreements between Poland and Russia: the Treaty on friendly and good-neighbourly cooperation and the Cooperation Agreement in the fields of science, culture and education. In Poland, the entry and stay of foreign nationals is governed by the Act on aliens, their education by the Higher Education Act, whereas the employment of foreigners is regulated by the Act on employment promotion and labour market institutions. The empirical basis of the study was provided by the analysis of data from the Polish Ministry of Family, Labour and Social Policy and the Demographic Yearbook. Russians constitute the third largest group (after Ukrainians and Belarusians) of the post-Soviet States’ citizens coming to Poland. The analysis conducted showed that employment in Poland was chiefly sought by the citizens of the Russian Federation who arrived in Poland for a limited period and for permanent residence. In 2004, the Russians represented 4.4% and in 2018 – 0,66% of all foreigners who received work permits in Poland. Before 2015 some Russian nationals took up work in Poland as the managers of their own companies. Since 2015, there has been an influx of workers from Russia in three occupational groups: IT specialists, skilled workers and workers in elementary occupations. Most of the Russians were employed in the wholesale and retail, information and communication, construction, transport and warehousing sectors, which were the same sectors where Polish entrepreneurs reported demand for Russian workers. The demand significantly exceeded the number of Russians employed.","PeriodicalId":20823,"journal":{"name":"Recueil des Travaux Chimiques des Pays-Bas","volume":"25 1","pages":"139-162"},"PeriodicalIF":0.0,"publicationDate":"2020-12-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80182100","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":"State Purchasing Policy – A New Institution of Public Procurement Law","authors":"E. Czech, Andrzej Panasiuk","doi":"10.31743/recl.10654","DOIUrl":"https://doi.org/10.31743/recl.10654","url":null,"abstract":"The state's purchasing policy is one of the new institutions of the Public Procurement Law. Influenced by the changes in the package of directives coordinating public procurement procedures in 2014, our national legislator has taken steps to use public procurement for purposes other than strictly purchasing. Therefore, the authors' considerations strive to define the concept of \"purchasing policy of the state\", outlining the role and scope thereof in the functioning of the modern state. Furthermore, the authors try to point out problems related to its implementation by the public authorities, stating finally that purchasing policy will only be effectively implemented if all participants of the public procurement market are aware of the policy objectives.","PeriodicalId":20823,"journal":{"name":"Recueil des Travaux Chimiques des Pays-Bas","volume":"11 1","pages":"163-175"},"PeriodicalIF":0.0,"publicationDate":"2020-12-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73012812","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":"Application of the General Clause of Reasonableness and Criterion of Rationality in Polish Tax Law","authors":"M. Münnich","doi":"10.31743/recl.5698","DOIUrl":"https://doi.org/10.31743/recl.5698","url":null,"abstract":"This paper’s objective is to present two methods of introducing elements of the civil general clause of reasonableness into tax law. One of them is the lawmaking process, the other is the application of law, i.e. the decisions of tax authorities and the jurisprudence of national administrative courts.","PeriodicalId":20823,"journal":{"name":"Recueil des Travaux Chimiques des Pays-Bas","volume":"33 1","pages":"7-22"},"PeriodicalIF":0.0,"publicationDate":"2020-12-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82808315","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}