Kwartalnik Prawa Międzynarodowego最新文献

{"title":"Commission v. Poland (Régime disciplinaire des juges);Comment on the judgment of the CJEU of 15/07/2021 (Grand Chamber), case C-791/19","authors":"Andrzej Marian Świątkowski","doi":"10.5604/01.3001.0054.4510","DOIUrl":"https://doi.org/10.5604/01.3001.0054.4510","url":null,"abstract":"The author presents the situation of legal relations that took place in the period 2015-2023 between Poland and the European Union (EU). The reform of the justice system organized by the ruling party was appealed by the European Commission to the Court of Justice of the EU. The CJEU analyzed and assessed the following fundamental legal issues: failure to fulfill obligations by a Member State, the rule of law, the system of disciplinary liability of judges, judicial independence, effective legal protection in areas covered by EU law, recognition of the content of judicial decisions as disciplinary offenses, compliance with reasonable deadlines, respect for the rights of judges to defense in disciplinary proceedings, the right and obligation of national courts to refer requests to the CJEU for a preliminary ruling. It ruled that the Republic of Poland (RP) had failed to fulfill its obligations towards the European Union (EU). This study concerns case law. The situation created during this period resulted in a significant weakening of the protection of the value of the rule of law within the meaning of the extensive case law of the CJEU presented in this article. According to this body, the Republic of Poland has failed to fulfill the obligations set out in the EU treaties.","PeriodicalId":403517,"journal":{"name":"Kwartalnik Prawa Międzynarodowego","volume":"16 3","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140364746","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":"Egzekucja roszczeń odszkodowawczych w związku z wywołaniem i prowadzeniem wojny napastniczej","authors":"Kamil Zaradkiewicz","doi":"10.5604/01.3001.0054.4268","DOIUrl":"https://doi.org/10.5604/01.3001.0054.4268","url":null,"abstract":"The article presents key issues related to the assertion of claims for liability for damages resulting from the instigation and conduct of a war of aggression. These issues have become topical again not only due to revival of the discussion concerning claims for damages caused during the Second World War, but also due to the ongoing armed conflict between the Russian Federation and Ukraine since 2021. At present, there are no codified, uniform and well-established legal principles in this area regarding the claims themselves in general, or for their enforcement. Under international law, a war of aggression can certainly give rise to an obligation to provide compensation on the part of the state that caused or conducted it (the responsible state).In the twentieth century, the issue of liability for reparations was primarily regulated in acts of peace-making, most famously in the Treaty of Versailles. However, there is still an ongoing theoretical discussion as to whether and how liability for damages can be effectively claimed by the injured state, but also by individuals – on the basis of the rules of international law or even domestic law, since these entities do not, in principle, have international legal subjectivity. Indeed, individual claims are or at least can also be the subject of international agreements. In this context, the article points to a trend away from the principle of absolute jurisdictional immunity of states in favour of limited immunity, which should also be applied to immunity from enforcement. This leads to the question of the desirability of moving away from rigid rules of protection for states when, by provoking and waging a war of aggression, they can on this basis avoid liability for their own unlawful actions. Furthermore, given the limited framework of legal instruments of influence in relations between states, the question arises as to whether and which measures (including the long-known so-called precautionary measures) can be used unilaterally not only against a state, but also against its citizens and the assets of the legal entities subject to its legislation. In practice, it is precisely such measures that can serve to secure claims for damages through the seizure of property assets. However, it should not be forgotten that the application of such unilateral measures may be challenged in relations between Member States of the European Union. In addition, any expropriation or confiscation may be challenged as inadmissible not only under the constraints of Article 215 TFEU, but also in light of the protective norms of the EU Charter of Fundamental Rights and Article 1 of Protocol No. 1 to the ECHR, and, at the level of state legislation, constitutional norms.","PeriodicalId":403517,"journal":{"name":"Kwartalnik Prawa Międzynarodowego","volume":"42 2","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140361930","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":"National implementation of the Regulation establishing the European Public Prosecutor’s Office in Germany","authors":"Hans-Holger Herrnfeld","doi":"10.5604/01.3001.0054.4501","DOIUrl":"https://doi.org/10.5604/01.3001.0054.4501","url":null,"abstract":"The text tackles the European Public Prosecutor's Office (EPPO), which is a European body responsible for investigating, prosecuting, and bringing to justice the perpetrators of crimes detrimental to the Union's financial interests. While the EPPO has been established only by way of enhanced cooperation, involving originally 20 – and soon thereafter 22 – Member States, the fight against crimes affecting the financial interests of the Union is a common effort of all Member States of the European Union. Mostly international nature of the crimes against the Union’s interests makes necessary to create, develop and uphold such a supranational structure, as a most effective one.The EPPO relies on existing structures and human resources in participating Member States. Notwithstanding that the EPPO Regulation is directly applicable in the Member States, there is still a need to adjust the domestic legal framework to ensure that it is able to effectively carry out its tasks of investigating and prosecuting. The following contribution intends to provide an overview of the organizational and legislative measures that have been taken in Germany to this end.","PeriodicalId":403517,"journal":{"name":"Kwartalnik Prawa Międzynarodowego","volume":"30 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140361997","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 Samoa Agreement and the Cotonou Agreement – Comparative Analysis","authors":"Rafał Janczyk","doi":"10.5604/01.3001.0054.4506","DOIUrl":"https://doi.org/10.5604/01.3001.0054.4506","url":null,"abstract":"The article contains a comparison of two international agreements – the 2023 Samoa Agreement and the 2000 Cotonou Agreement. In addition to examining the evolution of cooperation between the parties to the agreements, the article contains a reflection on whether the intended goals are possible to achieve. The historical overview of previous cooperation between the EU and the OACPS allows to notice that the Agreement fits into the trend of cooperation lasting more than 60 years. Apart from indicating the legal basis of the Agreement, the article contains information about the parties, the period of application and the basic goals. The article concerns the strategic priorities declared in the agreements, which are regulated differently, because the new one in addition to the declarations to protect human rights, also regulates the provisions that result from the emergence of new social phenomena. The migration and mobility provisions are aimed to limit the effects of the current crisis at EU borders. The Agreement expanded and regulated both the issue of migrants' rights as well as the issues of return, readmission and reintegration. The Agreement allows for new forms of cooperation and implementation measures, and declares the parties aim to seeking common actions, positions and votes. The article explained the institutional framework that has been expanded in the new Agreement. The final provisions concern dispute resolution and default. Both procedures assume solving problems within the institutional framework of the Agreement. The last part of the article assesses the global consequences of concluding the Agreement and draws attention to its importance in the relations between the EU, its Members and the OACPS.","PeriodicalId":403517,"journal":{"name":"Kwartalnik Prawa Międzynarodowego","volume":"53 16","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140363053","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":"OUT-OF-COURT RESOLUTION OF CONSUMER DISPUTES UNDER THE EUROPEAN UNION LAW","authors":"Katarzyna Dunaj","doi":"10.5604/01.3001.0054.4286","DOIUrl":"https://doi.org/10.5604/01.3001.0054.4286","url":null,"abstract":"The subject of the article is an analysis of out-of-court methods of resolving consumer disputes in European Union law. They constitute a procedural guarantee of the implementation of consumers’ right to a high level of protection, guaranteed in Art. 38 of the Charter of Fundamental Rights of the European Union. The article describes Directive 2013/11/EU on alternative dispute resolution for consumer disputes. The principles of its implementation in European Union countries are also presented. Also addressed by the analysis is the latest proposal to amend the ADR Directive presented by the European Commission. According to the author, Directive 2013/11/EU has fulfilled its role as the foundation of the consumer rights protection system in the European Union. However, with the development of services on the internet, consumers are exposed to new threats. The proposal to modify the ADR Directive presented by the European Commission is a step aimed at increasing the level of consumer protection.","PeriodicalId":403517,"journal":{"name":"Kwartalnik Prawa Międzynarodowego","volume":"54 14","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140363410","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":"Methodological problems of assessing the damage to the citizens of Ukraine caused by the aggressive actions of Putin’s Russia","authors":"Ivan Pankevych, R. Lutskyi","doi":"10.5604/01.3001.0054.4271","DOIUrl":"https://doi.org/10.5604/01.3001.0054.4271","url":null,"abstract":"The article analyses the methodological and legal problems of assessing damage to Ukrainian citizens caused by the aggressive actions of Putin’s Russia. The purpose of the study is to make proposals for a number of urgent measures at national and local levels aimed at providing methodological tools for collecting data on the amount of destroyed and damaged housing, establishing methods and methodological bases for determining the assessment of damages caused as a result of the large-scale aggression by the Russian Federation against Ukraine. A result of the armed aggression of the Russian Federation has been the large-scale destruction of residential and infrastructure facilities. The government took a number of measures aimed at establishing rules and methods for recording damaged and destroyed structures, and assessing the damage caused. Local self-government bodies have been defined as the key authorized bodies for their implementation. At the same time, despite the legal regulatory measures taken by the government, there are still a number of gaps hindering the complete and efficient recording of the destruction and damage, and assessment of the damage caused. The register of damaged and destroyed property should be created not only as an information base on actual destruction and damage, but also as a source of information on the amount of damage caused and the need for restoration or compensation. In order to establish an accurate assessment of the damage caused, the development and approval of detailed methodology should be accelerated in the direction of “losses in housing stock and renovation facilities”, as provided for in accordance with the special legal framework. It would also be worth taking measures to strengthen the capacity of local self-government bodies at the community level in creating local databases for mapping damaged and destroyed housing.","PeriodicalId":403517,"journal":{"name":"Kwartalnik Prawa Międzynarodowego","volume":"38 22","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140363878","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":"EU directive 2023/970: strengthening the application of the principle of equal pay","authors":"Andrzej Marian Świątkowski","doi":"10.5604/01.3001.0054.4283","DOIUrl":"https://doi.org/10.5604/01.3001.0054.4283","url":null,"abstract":"In May 2023, Directive 2023/970 was issued on strengthening the application of the principle of equality for men and women for equal work or work of equal value through pay transparency and enforcement mechanisms. Its basic task is to introduce transparency of remuneration systems by employers and EU Member States and to enable and facilitate the overcoming of procedural obstacles used by businesses that do not comply with anti-discrimination standards applicable in the EU for employees, mainly women, subjected to inferior treatment. The directive has inspired citizens of EU Member States to exercise their legal protection against discrimination and inconsistency of business conduct in matters relating to the principle of equal pay. They have the right to pursue compensation claims through bodies representing wronged employees, state institutions and agencies acting on behalf of multiple people. A campaign has been launched in the EU to overcome stereotypes in labour relations related to the gender of people employed and applying for jobs.","PeriodicalId":403517,"journal":{"name":"Kwartalnik Prawa Międzynarodowego","volume":"1 3","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140361560","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":"Prawo Unii Europejskiej a krajowe systemy prawne – przyczyny komplikacji","authors":"Magdalena Malinowska-Wójcicka","doi":"10.5604/01.3001.0054.4281","DOIUrl":"https://doi.org/10.5604/01.3001.0054.4281","url":null,"abstract":"The aim of the article is to analyse the implementation of European Union law into the Polish legal system and the resulting expansion of legal acts at the national level.In Poland, the introduction of subsequent changes in regulations or the creation of new ones is justified by the need to adapt our law to the requirements of EU legislation.The research results presented in this article are part of a broader research project aimed at the analysis of long-term trends in Polish legislative policy. The project was conducted at Lazarski University by a team of researchers from different academic centres, with legal and economic background. In the process of data collection, an innovative research method was used based on the assumption that lawmaking is subject to the same long-term tendencies as any other commodity, i.e. the law of supply and demand. For the purpose of the study, 10 research questions on legislative trends were formulated. The study itself was a two-stage process: in the first stage, the researchers collected data; in the second, they analysed the data.In the publication, the authors presented the general results of the research, and then analysed and evaluated those laws in which the studied phenomenon of system complication occurred, understood as the introduction to the legal system of more complex and complicated regulations concerning the model of activities, in relation to those previously in force.","PeriodicalId":403517,"journal":{"name":"Kwartalnik Prawa Międzynarodowego","volume":"44 12","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140363853","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":"Electronic governance in EU member states and candidate countries (using the exampleS of Poland and Ukraine): comparative legal analysis","authors":"Ivan Pankevych, Ievgeniia Bulat","doi":"10.5604/01.3001.0054.4282","DOIUrl":"https://doi.org/10.5604/01.3001.0054.4282","url":null,"abstract":"The article addresses the issue of further improvement and development of Electronic Governance in Ukraine through the analysis of experience gained by various countries. It has been established that Electronic Governance currently plays a pivotal role in the development of society, which necessitates the need for superior and effective improvement of this sphere to ensure the maximum level of its development and support for society. Comprehensive utilization of information technology is the main mechanism in achieving this goal, as it can meet the needs of society at the highest level. However, the further development and improvement of Electronic Governance in Ukraine is currently hindered by the conditions in which the country has found itself due to the war. These conditions necessitate the search for fundamentally new solutions and approaches related to the most effective use of information resources, and the provision of effective, efficient and high-quality support and assistance for society. Efforts are currently focused on finding the optimal solution for the operation, improvement and future effective development of Electronic Governance. For Ukraine, this is the path it must travel from the idea of transformational changes in the field of information technology and resources to the gradual alignment of Electronic Governance with European standards. This path involves declaring this direction as a top priority at the highest level. The introduction of Electronic Governance as a form of organization of public administration began in Ukraine a few years ago, and has been gaining increasing public support.Analysis of the main foreign initiatives and practices in this regard provides evidence of an above-average level of development of Electronic Governance in the countries of the European Union and other states, which enables the rapid and efficient fulfilment of public needs. At the same time, it has been established that the most effective (in the context of improving electronic governance) has been Poland, which has already fully established its Electronic Government, operating efficiently and providing various electronic services to society. This system is transparent, flexible and convenient. It allows users to save time and avoid unnecessary bureaucratic procedures, and society now has easier access to the necessary information. It has been established that improving Electronic Governance in Ukraine by drawing on Poland’s experience in this regard has the potential to modernize public administration and, on a practical level, provide more opportunities for direct access to information. This will allow for the implementation of new initiatives, including the digitalization of the country, democratization of society, and achieving goals of sustainable development.","PeriodicalId":403517,"journal":{"name":"Kwartalnik Prawa Międzynarodowego","volume":"12 3","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140364608","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 right to be offline – notes on the background of existing and proposed regulations. Part II: Polish law","authors":"Katarzyna Gawełko-Bazan","doi":"10.5604/01.3001.0054.4284","DOIUrl":"https://doi.org/10.5604/01.3001.0054.4284","url":null,"abstract":"The second part of the article focuses on the regulations of Polish law as they relate to the right to rest. The author analyses the employee’s rights and possible sanctions related to the employer’s violation of this right, from the perspective of both doctrine and jurisprudence. The summary answers the question as to whether the Polish regulations can be assessed as sufficient, and whether they can constitute a kind of “guarantee” for employees, in terms of respect for their right to be offline.","PeriodicalId":403517,"journal":{"name":"Kwartalnik Prawa Międzynarodowego","volume":"50 11","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140361519","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}