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A comparison between the european child guarantee in Poland and in Spain 欧洲儿童保障制度在波兰和西班牙的比较
Kwartalnik Prawa Międzynarodowego Pub Date : 2023-03-28 DOI: 10.5604/01.3001.0016.3283
Miguel Toledano
{"title":"A comparison between the european child guarantee in Poland and in Spain","authors":"Miguel Toledano","doi":"10.5604/01.3001.0016.3283","DOIUrl":"https://doi.org/10.5604/01.3001.0016.3283","url":null,"abstract":"Under the European Child Guarantee, European Union institutions have recommended thatMember States dedicate some national and union funds, from 2022 to 2030, to support minorsin need in order to prevent and combat their social exclusion. The first step for MemberStates is to present their respective action plans. The European Commission has not publisheda comprehensive comparative assessment of such action plans, hence the interest in doingso, both between Member States and in relation to the goals set by the EU. Spain and Poland,two countries currently with governments of a very different political tendency, are among theeighteen Member States that have done so. The Polish plan places families at its core, whilethe Spanish plan is slightly longer, but contains significant deficiencies as discussed below.","PeriodicalId":403517,"journal":{"name":"Kwartalnik Prawa Międzynarodowego","volume":"204 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131870168","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}
引用次数: 0
Expansive opportunist. European Commission policy on rule of law 广阔的机会主义者。欧盟委员会关于法治的政策
Kwartalnik Prawa Międzynarodowego Pub Date : 2023-03-28 DOI: 10.5604/01.3001.0016.3281
T. Grosse
{"title":"Expansive opportunist. European Commission policy on rule of law","authors":"T. Grosse","doi":"10.5604/01.3001.0016.3281","DOIUrl":"https://doi.org/10.5604/01.3001.0016.3281","url":null,"abstract":"The aim of the article is to present the academic concept of a purposeful opportunist onthe example of the European Commissions policy around the dispute over the rule of law inthe EU. In particular, the purpose of the study is to show the expansion of the Commissionscompetences, the political and ideological conditions facilitating this expansion, as well asthe growing politicisation of the Commission accompanying this process, its arbitrariness anddiscretionary actions.","PeriodicalId":403517,"journal":{"name":"Kwartalnik Prawa Międzynarodowego","volume":"35 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129074038","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}
引用次数: 0
International legal framework regulating military exercises Lawfare potentially associated with military exercises as a hybrid threat 法律战作为一种混合威胁可能与军事演习联系在一起
Kwartalnik Prawa Międzynarodowego Pub Date : 2023-03-28 DOI: 10.5604/01.3001.0016.3330
Joanna Siekiera
{"title":"International legal framework regulating military exercises Lawfare potentially associated with military exercises as a hybrid threat","authors":"Joanna Siekiera","doi":"10.5604/01.3001.0016.3330","DOIUrl":"https://doi.org/10.5604/01.3001.0016.3330","url":null,"abstract":"This article analyses international law norms and diplomatic mechanisms concerning militaryexercises. As such a topic is relatively new, with the international legal system being breachedby authoritarian regimes using lawfare, the legal aspects of military exercises have not yetbeen researched and thus require more focus, especially from the standpoint of hybrid threats.International law itself is leaky and lacks enforcement measures, since sanctions are not anelement of the international legal arrangement. It lacks a centralised enforcement mechanism,the principles and rules governing responsibility for wrongful acts require the wrongdoerscooperation, and the mechanisms and procedures to deal with the consequences of suchwrongful acts, including restitution and compensation, are not universally recognised. Mostcountries in the global arena follow the paradigm of the United Nations, where states mustmaintain their relations in a peaceful manner in order to achieve security and stability. However,some undemocratic states, mainly the Russian Federation and the Peoples Republicof China, have been presenting hostile postures towards the Western worlds values, wherehuman life tops the hierarchy of protected values. Traditionally, military exercises have beenused as a messaging tool between strategic competitors and potential adversaries to signaltheir own military strength. Russia and China are fully aware of the lack of hard law concerningthe subject of military exercises; they readily seize the resulting opportunities to create andexploit legal grey zones, as well as to frequently breach international law, while knowing thatlittle can be done against their malevolent conduct.","PeriodicalId":403517,"journal":{"name":"Kwartalnik Prawa Międzynarodowego","volume":"21 2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132603065","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}
引用次数: 0
Contemporary Intellectual Property Rights Challenges in the Era of civilizational breakthroughs. Issues selected on the basis of the law experiences of the United States of America 文明突破时代的当代知识产权挑战。在美利坚合众国法律经验的基础上选择的问题
Kwartalnik Prawa Międzynarodowego Pub Date : 2023-03-28 DOI: 10.5604/01.3001.0016.3284
Bartosz Modzelewski
{"title":"Contemporary Intellectual Property Rights Challenges in the Era of civilizational breakthroughs. Issues selected on the basis of the law experiences of the United States of America","authors":"Bartosz Modzelewski","doi":"10.5604/01.3001.0016.3284","DOIUrl":"https://doi.org/10.5604/01.3001.0016.3284","url":null,"abstract":"A selected observation of contemporary challenges in the field of intellectual property rightsin the Era of civilizational breakthroughs, on the examples of selected U.S. legal experiences,allows us to understand the new challenges posed by the post-pandemic, modern economywith the growing role of information and the anachronism of some legal institutions, includingin the area of intellectual property rights. This observation highlights the conflict betweenintellectual property rights and other fundamental rights and also underscores the need fora rational legislator to exercise caution. The study of this area can help not only expose some of the todays threats, including ethical ones, but also help deepen the debate on the conditionof the intellectual property rights system.","PeriodicalId":403517,"journal":{"name":"Kwartalnik Prawa Międzynarodowego","volume":"43 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122952136","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}
引用次数: 0
Legal and political aspects of war reparations from Germany 德国战争赔款的法律和政治方面
Kwartalnik Prawa Międzynarodowego Pub Date : 2022-12-29 DOI: 10.5604/01.3001.0016.1824
Michał Sopiński
{"title":"Legal and political aspects of war reparations from Germany","authors":"Michał Sopiński","doi":"10.5604/01.3001.0016.1824","DOIUrl":"https://doi.org/10.5604/01.3001.0016.1824","url":null,"abstract":"This article presents the issue of war reparations from Germany in political and legal terms. The settlement of property claims resulting from war between states is a problem in which political factors always play the most important role in addition to legal issues. The article discusses the conceptual difference between indemnisation of war and war reparations, the legal basis of the war reparations demanded by Poland from Germany for the consequences of World War II in a broad political context, including the development of Polish-German relations after 1945. Great emphasis is placed on the arrangements of the Potsdam Conference and the legal analysis of the question of the legality of the Polish People's Republic's renunciation of war reparations from Germany in 1953. Finally, the article briefly presents the contemporary efforts of the Polish authorities to obtain war reparations from Germany.\u0000\u0000","PeriodicalId":403517,"journal":{"name":"Kwartalnik Prawa Międzynarodowego","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123481733","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}
引用次数: 0
War Reparations From Germany: A Historical and Legal Perspective 德国的战争赔款:一个历史和法律的视角
Kwartalnik Prawa Międzynarodowego Pub Date : 2022-12-29 DOI: 10.5604/01.3001.0016.1822
Anna Korzeniewska-Lasota
{"title":"War Reparations From Germany: A Historical and Legal Perspective","authors":"Anna Korzeniewska-Lasota","doi":"10.5604/01.3001.0016.1822","DOIUrl":"https://doi.org/10.5604/01.3001.0016.1822","url":null,"abstract":"On 23 August 1953, under a pressure exerted by USSR, the government of the Polish People's Republic issued a declaration on war reparations. Since then, Germany has adopted a stance that the problem of reparations had been definitively closed and Poland is no longer entitled to any claims for reparations. This article discusses the issue of war reparations from Federal Republic of Germany from a historical legal perspective, focusing in particular on the scope of the declaration made by the Polish government as well as its significance and effects. The author concludes that a duly represented state of Poland has never waived reparation claims from Germany.\u0000\u0000","PeriodicalId":403517,"journal":{"name":"Kwartalnik Prawa Międzynarodowego","volume":"82 3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129377058","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}
引用次数: 0
Choice of Law of Succession (Professio Juris Successoria) in the Light of the Regulation EU No 650/2012: Case Study - Analysis of the Preliminary Ruling in the Case C- 21/22 根据法规EU No 650/2012选择继承法(professional Juris Successoria):案例研究-案例C- 21/22的初步裁定分析
Kwartalnik Prawa Międzynarodowego Pub Date : 2022-12-29 DOI: 10.5604/01.3001.0016.1831
Agata Srokowska
{"title":"Choice of Law of Succession (Professio Juris Successoria) in the Light of the Regulation EU No 650/2012: Case Study - Analysis of the Preliminary Ruling in the Case C- 21/22","authors":"Agata Srokowska","doi":"10.5604/01.3001.0016.1831","DOIUrl":"https://doi.org/10.5604/01.3001.0016.1831","url":null,"abstract":"In this paper, the author seeks to present the choice of law of succession (professio juris) under the Regulation EU No 650/2012 by analysing the concerns of a Polish court of law in a specific succession case with cross-border implications. The presented prejudicial question is interesting not only in the context of the institution of professio juris itself, but also through the prism of its application to third-country nationals and the hierarchy of norms of international law. The selected case has a particularly important practical value for Poland as it concerns the relationship of European law to an agreement entered into between Poland and Ukraine. Considering the large number of Ukrainian citizens residing in Poland, the resolution of this case will contribute to the strengthening of the legal certainty by unifying the interpretation of norms applicable to succession cases.\u0000\u0000","PeriodicalId":403517,"journal":{"name":"Kwartalnik Prawa Międzynarodowego","volume":"52 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121926864","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}
引用次数: 0
Absence of Security for a Borrower’s Claim for Annulment of a Mortgage Loan Agreement and the Principles of Effectiveness and Proportionality Under the Directive 93/13 借款人就撤销按揭贷款协议提出的申索没有担保，以及根据第93/13号指示的有效性及相称性原则
Kwartalnik Prawa Międzynarodowego Pub Date : 2022-12-29 DOI: 10.5604/01.3001.0016.1830
Kamila Spalińska, Artur Grajewski
{"title":"Absence of Security for a Borrower’s Claim for Annulment of a Mortgage Loan Agreement and the Principles of Effectiveness and Proportionality Under the Directive 93/13","authors":"Kamila Spalińska, Artur Grajewski","doi":"10.5604/01.3001.0016.1830","DOIUrl":"https://doi.org/10.5604/01.3001.0016.1830","url":null,"abstract":"In view of discrepancies in the jurisprudence of common courts of law in adjudicating applications for securing consumer claims against banks for annulment of loan agreements, as well as in connection with changes in the banking sector which indicate the existence of grounds for adopting restructuring measures against banks, a question arises whether national courts should be bound by such an interpretation of the Directive 93/13 which is to take into regard the principles of equity and proportionality. The reason for considerations on this subject was a request of the Regional Court (Sąd Okręgowy) in Warsaw for a preliminary ruling regarding the granting of security for claims to declare invalidity of a loan agreement in the context of Article 6(1) and Article 7(1) of the Directive 93/13.\u0000\u0000","PeriodicalId":403517,"journal":{"name":"Kwartalnik Prawa Międzynarodowego","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126583373","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}
引用次数: 0
Exercise of Polish Citizen’s Right to Enter into Marriage with a Foreigner Abroad 波兰公民在国外与外国人结婚权利的行使
Kwartalnik Prawa Międzynarodowego Pub Date : 2022-12-29 DOI: 10.5604/01.3001.0016.1828
Katarzyna Dunaj
{"title":"Exercise of Polish Citizen’s Right to Enter into Marriage with a Foreigner Abroad","authors":"Katarzyna Dunaj","doi":"10.5604/01.3001.0016.1828","DOIUrl":"https://doi.org/10.5604/01.3001.0016.1828","url":null,"abstract":"The freedom to marry a foreigner abroad is derived from the principle of a voluntary entry into marriage, which is manifested in the freedom to choose the spouse. The article analyses those provisions of the Polish law that apply to a marriage between a Polish citizen and a foreigner abroad. Issues such as the form of contracting marriage, obtaining a certificate of legal capacity to contract marriage in accordance with the Polish law and the possibility of contracting marriage before a consul have been discussed. The results of the analysis show that the law of Poland fully recognizes the lex loci celebrationis matrimonii principle as long as its implementation does not contradict the fundamental principles of the legal order of the Republic of Poland. Thanks to the institution of the certificate of legal capacity to contract marriage issued by the head of the registry office, the capacity of a Polish citizen to marry abroad is assessed in accordance with the Polish law. It also provides the grounds for the recognition of the marriage contracted abroad in the domestic legal order. However, certain forms of marriage, such as same-sex or polygamous marriage, cannot be recognized since Article 18 of the Constitution of the Republic of Poland, according to which marriage is a union of a woman and a man, stands against this possibility.\u0000\u0000","PeriodicalId":403517,"journal":{"name":"Kwartalnik Prawa Międzynarodowego","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121861356","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}
引用次数: 0
STATE OF WAR AS AN INTERNATIONAL LEGAL AND CONSTITUTIONAL INSTITUTION 战争状态作为一种国际法律和宪法制度
Kwartalnik Prawa Międzynarodowego Pub Date : 2022-12-29 DOI: 10.5604/01.3001.0016.1821
Krzysztof Prokop
{"title":"STATE OF WAR AS AN INTERNATIONAL LEGAL AND CONSTITUTIONAL INSTITUTION","authors":"Krzysztof Prokop","doi":"10.5604/01.3001.0016.1821","DOIUrl":"https://doi.org/10.5604/01.3001.0016.1821","url":null,"abstract":"The subject of the article is an analysis of the state of war from an international legal and constitutional perspective. Until the beginning of the 20th century, international law recognized the right of a state to wage war as an important manifestation of its sovereignty. Attempts to limit this right boiled down to the development of a just war concept. It was only the United Nations Charter that introduced a ban on the use of force in international relations or the threat of its use. The only permissible exception is the exercise of the right to self-defense, either individually or collectively. Thus, the provisions on declaring war (declaring a state of war) found in the constitutions of some states acquired only a competence value. They define the competence of state organs in the event of an armed conflict. In the Constitution of the Third Republic of Poland (1997), the state of war is regulated in Article 116. The substantive prerequisites for the declaration of a state of war are identical to the implementation of the right of the state to individual or collective self-defense, admitted by the Charter of the United Nations.\u0000\u0000","PeriodicalId":403517,"journal":{"name":"Kwartalnik Prawa Międzynarodowego","volume":"54 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127684370","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}
引用次数: 0
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