The article discusses the issue of standards of the right to defence and takes into account the recent amendments of the Code of Criminal Procedure. The analysis is conducted against the background of minimum standards of the right to defence set out under European law. A reference introduced to the title of the Code includes the assertion that the legislator has implemented the provisions of Directive of 22 October 2013 on the right of access to a lawyer in criminal proceedings and in European arrest warrant proceedings, and on the right to have a third party informed upon deprivation of liberty and to communicate with third persons and with consular authorities while deprived of liberty as well as Directive of 9 March 2016 on the strengthening of certain aspects of the presumption of innocence and of the right to be present at the trial in criminal proceedings. However, it seems that as a result of changes made in the discussed scope in the years 2016-2019, the legislator not only failed to fully implement the aforementioned Directives, but even introduced modifications that led to lowering the standards of the right to defence and guarantees of its implementation, both in material as well as formal terms.
{"title":"The Right to Defence in Poland. Remarks on the Latest Amendments of the Code of Criminal Procedure from the European Perspective","authors":"M. Smarzewski","doi":"10.31743/recl.6127","DOIUrl":"https://doi.org/10.31743/recl.6127","url":null,"abstract":"The article discusses the issue of standards of the right to defence and takes into account the recent amendments of the Code of Criminal Procedure. The analysis is conducted against the background of minimum standards of the right to defence set out under European law. A reference introduced to the title of the Code includes the assertion that the legislator has implemented the provisions of Directive of 22 October 2013 on the right of access to a lawyer in criminal proceedings and in European arrest warrant proceedings, and on the right to have a third party informed upon deprivation of liberty and to communicate with third persons and with consular authorities while deprived of liberty as well as Directive of 9 March 2016 on the strengthening of certain aspects of the presumption of innocence and of the right to be present at the trial in criminal proceedings. However, it seems that as a result of changes made in the discussed scope in the years 2016-2019, the legislator not only failed to fully implement the aforementioned Directives, but even introduced modifications that led to lowering the standards of the right to defence and guarantees of its implementation, both in material as well as formal terms.","PeriodicalId":20823,"journal":{"name":"Recueil des Travaux Chimiques des Pays-Bas","volume":"23 1","pages":"81-107"},"PeriodicalIF":0.0,"publicationDate":"2020-08-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79151980","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}
Since 1st July, 2018, the provisions of the 24th November, 2017 Act on package travel and linked travel arrangements, which deals with the rights of wronged tourists under the so-called spoiled holiday have been in force. The Act on package travel replaced the previous regulation, resulting from the 29th August 1997 Act on hotel tour leaders and tourist guides services, introducing a much broader scope of liability for entrepreneurs operating in the tourism industry, which was to facilitate the pursuit of claims. The article presents the method of repairing damage for the loss of pleasure from vacation in the previous and applicable legal status. Then, the author presents the course of court proceedings, both when the traveller decides to take group proceedings, as well as when he/she individually brings an action. The author draws attention to the need for the traveller to properly prepare for the civil proceedings due to the burden of proof on him/her, and also discusses the advantages and disadvantages of certain legal solutions.
{"title":"Pursuit of Non-Pecuniary Loss and Pecuniary Damage Compensation for Spoiled Holiday","authors":"Joanna May","doi":"10.31743/recl.5737","DOIUrl":"https://doi.org/10.31743/recl.5737","url":null,"abstract":"Since 1st July, 2018, the provisions of the 24th November, 2017 Act on package travel and linked travel arrangements, which deals with the rights of wronged tourists under the so-called spoiled holiday have been in force. The Act on package travel replaced the previous regulation, resulting from the 29th August 1997 Act on hotel tour leaders and tourist guides services, introducing a much broader scope of liability for entrepreneurs operating in the tourism industry, which was to facilitate the pursuit of claims. The article presents the method of repairing damage for the loss of pleasure from vacation in the previous and applicable legal status. Then, the author presents the course of court proceedings, both when the traveller decides to take group proceedings, as well as when he/she individually brings an action. The author draws attention to the need for the traveller to properly prepare for the civil proceedings due to the burden of proof on him/her, and also discusses the advantages and disadvantages of certain legal solutions.","PeriodicalId":20823,"journal":{"name":"Recueil des Travaux Chimiques des Pays-Bas","volume":"29 1","pages":"163-187"},"PeriodicalIF":0.0,"publicationDate":"2020-08-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74062708","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}
The article analyses certain regulations of the Polish Code of Criminal Procedure regarding the right of the accused to access a defence counsel, limited to the stage of proceedings before a court, in the context of the provisions of the two European Union’s legal acts regarding this issue: Directive 2013/48/EU and Directive 2016/1919/EU. The provisions of the Polish CCP give the opportunity to maintain the standard of Directive 2013/48. However, the problem may occur when there is an ex officio defence counsel appointed and the court would decide to proceed in his/her absence. As for the standard arising from Directive 2016/1919, Polish provisions regarding the stage of judicial proceedings meet the European standard to a level even higher than the minimum. The only significant problem may arise from the obligation to submit an application for the appointment of an ex officio defence counsel within a specified period, but still due to specific solutions provided in Polish CCP, the standard of 2016 Directive is implemented.
{"title":"Effective Access to Defence Counsel in the Judicial Stage of Polish Criminal Proceedings in the Scope of Directives 2013/48/EU and 2016/1919/EU","authors":"Adrian Zbiciak","doi":"10.31743/recl.6429","DOIUrl":"https://doi.org/10.31743/recl.6429","url":null,"abstract":"The article analyses certain regulations of the Polish Code of Criminal Procedure regarding the right of the accused to access a defence counsel, limited to the stage of proceedings before a court, in the context of the provisions of the two European Union’s legal acts regarding this issue: Directive 2013/48/EU and Directive 2016/1919/EU. The provisions of the Polish CCP give the opportunity to maintain the standard of Directive 2013/48. However, the problem may occur when there is an ex officio defence counsel appointed and the court would decide to proceed in his/her absence. As for the standard arising from Directive 2016/1919, Polish provisions regarding the stage of judicial proceedings meet the European standard to a level even higher than the minimum. The only significant problem may arise from the obligation to submit an application for the appointment of an ex officio defence counsel within a specified period, but still due to specific solutions provided in Polish CCP, the standard of 2016 Directive is implemented.","PeriodicalId":20823,"journal":{"name":"Recueil des Travaux Chimiques des Pays-Bas","volume":"65 1","pages":"153-174"},"PeriodicalIF":0.0,"publicationDate":"2020-08-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"91042601","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}
The article aims to analyse the reform of the European Citizens’ Initiative, which entered into force at the beginning of 2020. More specifically, the article focuses on the question whether a possible impact of the changes might be that of an increase in the number of legislative proposals, as so far, out of the seventy registered ECIs, only two resulted in legislative outcomes. De lege lata changes intend to popularize and to give effect to the ECI, especially through the strengthening of the position of this tool as an instrument of e-democracy and through the reinforcing of the principle of subsidiarity and the model of multi-level governance. The reform is a step in the right direction. However, it is rather unlikely that it could boost the ECI as an instrument of indirect legislative initiative, which so far has had little impact. Such a situation results from the fact that the ECI is treated as a subsidiary tool to the instruments of representative democracy, generally accepted as the basis of the system. This is also the effect of the way the quasi-monopoly of the European Commission in the area of legislative initiative is interpreted. In consequence, the effectiveness of the ECI is currently perceived through the prism of collecting over one million signatures and conducting noncommittal dialogue. Nevertheless, in the light of the above, it should be remembered that the most effective form of encouraging civil society to participate in political activity is to reinforce its agency. De lege ferenda, increasing the impact of the ECI on decision-making processes is not dependent on potential changes in primary or secondary law. The change of attitude will suffice. Indeed, an increased number * Ph.D., John Paul II Catholic University in Lublin, Faculty of Law, Canon Law and Administration, aparol@kul.pl, ORCID: 0000-0002-4354-680X.
{"title":"The European Citizens’ Initiative Reform: Does it Matter?","authors":"Agnieszka Parol","doi":"10.31743/recl.5574","DOIUrl":"https://doi.org/10.31743/recl.5574","url":null,"abstract":"The article aims to analyse the reform of the European Citizens’ Initiative, which entered into force at the beginning of 2020. More specifically, the article focuses on the question whether a possible impact of the changes might be that of an increase in the number of legislative proposals, as so far, out of the seventy registered ECIs, only two resulted in legislative outcomes. De lege lata changes intend to popularize and to give effect to the ECI, especially through the strengthening of the position of this tool as an instrument of e-democracy and through the reinforcing of the principle of subsidiarity and the model of multi-level governance. The reform is a step in the right direction. However, it is rather unlikely that it could boost the ECI as an instrument of indirect legislative initiative, which so far has had little impact. Such a situation results from the fact that the ECI is treated as a subsidiary tool to the instruments of representative democracy, generally accepted as the basis of the system. This is also the effect of the way the quasi-monopoly of the European Commission in the area of legislative initiative is interpreted. In consequence, the effectiveness of the ECI is currently perceived through the prism of collecting over one million signatures and conducting noncommittal dialogue. Nevertheless, in the light of the above, it should be remembered that the most effective form of encouraging civil society to participate in political activity is to reinforce its agency. De lege ferenda, increasing the impact of the ECI on decision-making processes is not dependent on potential changes in primary or secondary law. The change of attitude will suffice. Indeed, an increased number * Ph.D., John Paul II Catholic University in Lublin, Faculty of Law, Canon Law and Administration, aparol@kul.pl, ORCID: 0000-0002-4354-680X.","PeriodicalId":20823,"journal":{"name":"Recueil des Travaux Chimiques des Pays-Bas","volume":"41 1","pages":"67-90"},"PeriodicalIF":0.0,"publicationDate":"2020-08-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84114671","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}
The right to remain silent is one of the most fundamental principles of domestic and international criminal law. It is also closely related to the presumption of innocence. As the responsibility is placed on the prosecution to prove the guilt of a person it follows that the accused should not be forced to assist the prosecution by being forced to speak. The right to remain silent expresses the individual’s right not to be compelled to say anything even if it would not be incriminating or confesses guilt. Its core component is the freedom to choose whether or not to give answers to individual questions or to provide explanations. The consequence of the right to silence proposes that one cannot be required to give information or answer questions as well as this right includes protection of an accused against compulsion. Such freedom of choice is effectively undermined in a case in which the suspect has elected to remain silent during questioning and the authorities use subterfuge to elicit confessions or other statements of an incriminatory nature from the suspect which they were unable to obtain during such questioning. This * Andrzej Sakowicz, Professor, Department of Criminal Proceeding, Faculty of Law of the University of Biaystok; e-mail: sakowicz@uwb.edu.pl; ORCID ID: 0000-00016599-4876. 1 The current article is financed by the National Science Center as a part of research project no. 2013/11/B/HS5/04119, entitled Standard of protection for the right to silence in the criminal process. Publikacja sfinansowana ze środków Narodowego Centrum Nauki w ramach projektu badawczego Nr 2013/11/B/HS5/04119, zatytułowanego “Standard ochrony prawa do milczenia w procesie karnym”.
保持沉默的权利是国内和国际刑法中最基本的原则之一。它也与无罪推定密切相关。由于控方有责任证明某人有罪，因此不应强迫被告通过强迫发言来协助控方。保持沉默的权利表达了个人不被强迫说任何话的权利，即使它不会导致定罪或认罪。它的核心组成部分是选择是否回答个别问题或提供解释的自由。沉默权的结果表明，一个人不能被要求提供信息或回答问题，而且这一权利包括保护被告不受强迫。在下列情况下，这种选择的自由实际上受到损害:嫌疑犯在审讯期间选择保持沉默，当局使用诡计从嫌疑犯那里取得他们在审讯期间无法取得的招供或其他有罪性质的供词。*安德烈·萨科维茨，比亚耶斯托克大学法学院刑事诉讼系教授;电子邮件:sakowicz@uwb.edu.pl;Orcid: 0000-00016599-4876。本文由国家科学中心资助，是国家自然科学基金项目no. 1的一部分。2013/11/B/HS5/04119，题为“刑事诉讼中沉默权保护标准”。Publikacja sfinansowanze środków Narodowego Centrum Nauki w ramach项目jektu badawezego Nr 2013/11/B/HS5/04119, zatytułowanego“标准的时序prawa与过程karnym”。
{"title":"The Right to Silence in the EU Directive 2016/343 on the Strengthening of Certain Aspects of the Presumption of Innocence from the Perspective of Polish Criminal Proceedings","authors":"A. Sakowicz","doi":"10.31743/recl.6155","DOIUrl":"https://doi.org/10.31743/recl.6155","url":null,"abstract":"The right to remain silent is one of the most fundamental principles of domestic and international criminal law. It is also closely related to the presumption of innocence. As the responsibility is placed on the prosecution to prove the guilt of a person it follows that the accused should not be forced to assist the prosecution by being forced to speak. The right to remain silent expresses the individual’s right not to be compelled to say anything even if it would not be incriminating or confesses guilt. Its core component is the freedom to choose whether or not to give answers to individual questions or to provide explanations. The consequence of the right to silence proposes that one cannot be required to give information or answer questions as well as this right includes protection of an accused against compulsion. Such freedom of choice is effectively undermined in a case in which the suspect has elected to remain silent during questioning and the authorities use subterfuge to elicit confessions or other statements of an incriminatory nature from the suspect which they were unable to obtain during such questioning. This * Andrzej Sakowicz, Professor, Department of Criminal Proceeding, Faculty of Law of the University of Biaystok; e-mail: sakowicz@uwb.edu.pl; ORCID ID: 0000-00016599-4876. 1 The current article is financed by the National Science Center as a part of research project no. 2013/11/B/HS5/04119, entitled Standard of protection for the right to silence in the criminal process. Publikacja sfinansowana ze środków Narodowego Centrum Nauki w ramach projektu badawczego Nr 2013/11/B/HS5/04119, zatytułowanego “Standard ochrony prawa do milczenia w procesie karnym”.","PeriodicalId":20823,"journal":{"name":"Recueil des Travaux Chimiques des Pays-Bas","volume":"13 1","pages":"55-80"},"PeriodicalIF":0.0,"publicationDate":"2020-08-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77938081","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}
Directive 2013/48/EU of the European Parliament and of the Council of 2 October 2013 on the right of access to a lawyer lays down minimum standards concerning access to a lawyer for suspects and the accused in criminal proceedings, as well as persons subject to the European arrest warrant proceedings. The present article focuses on the subject of access to a lawyer at the earliest stage of criminal proceedings – in connection with arrest as well as during proceedings concerning the use of pre-trial detention. The author analyzes in sequence: subjective scope of the right to a lawyer, the right to a lawyer for the person deprived of liberty, confidentiality of communications between the person deprived of liberty and their lawyer. The main statement is that Poland does not meet these standards.
{"title":"Access to a Lawyer for Suspects at the Police Station and During Detention Proceedings","authors":"Tymon Markiewicz","doi":"10.31743/recl.7079","DOIUrl":"https://doi.org/10.31743/recl.7079","url":null,"abstract":"Directive 2013/48/EU of the European Parliament and of the Council of 2 October 2013 on the right of access to a lawyer lays down minimum standards concerning access to a lawyer for suspects and the accused in criminal proceedings, as well as persons subject to the European arrest warrant proceedings. The present article focuses on the subject of access to a lawyer at the earliest stage of criminal proceedings – in connection with arrest as well as during proceedings concerning the use of pre-trial detention. The author analyzes in sequence: subjective scope of the right to a lawyer, the right to a lawyer for the person deprived of liberty, confidentiality of communications between the person deprived of liberty and their lawyer. The main statement is that Poland does not meet these standards.","PeriodicalId":20823,"journal":{"name":"Recueil des Travaux Chimiques des Pays-Bas","volume":"17 1","pages":"129-151"},"PeriodicalIF":0.0,"publicationDate":"2020-08-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86340884","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}
The authors briefly present the issues of the protection of travellers in case of the insolvency of tour operators and related tourist services. The reflections are primarily focused on the analysis of the tasks of the Marshal of the Voivodship in this respect and their legal nature. The subject of the study is primarily to present the current legal status, the position of the judiciary, and a legal and comparative analysis of the EU regulations with Polish regulations. The analysis is carried out from the perspective of the legitimacy of entrusting these tasks to the Marshal of the Voivodship, and consequently ensuring the effective protection of travellers. The article uses the theoretical-dogmatic, historical, and legal-comparative method. The reflections are based on a comparison of selected institutions of law functioning in the system of Polish law and legal solutions in force in the EU law.
{"title":"The Role of the Marshal of the Voivodship in the Protection of Travellers in the Event of the Insolvency of Tour Operators and Related Tourist Services","authors":"T. Brzezicki, Dorota Sylwestrzak","doi":"10.31743/recl.5349","DOIUrl":"https://doi.org/10.31743/recl.5349","url":null,"abstract":"The authors briefly present the issues of the protection of travellers in case of the insolvency of tour operators and related tourist services. The reflections are primarily focused on the analysis of the tasks of the Marshal of the Voivodship in this respect and their legal nature. The subject of the study is primarily to present the current legal status, the position of the judiciary, and a legal and comparative analysis of the EU regulations with Polish regulations. The analysis is carried out from the perspective of the legitimacy of entrusting these tasks to the Marshal of the Voivodship, and consequently ensuring the effective protection of travellers. The article uses the theoretical-dogmatic, historical, and legal-comparative method. The reflections are based on a comparison of selected institutions of law functioning in the system of Polish law and legal solutions in force in the EU law.","PeriodicalId":20823,"journal":{"name":"Recueil des Travaux Chimiques des Pays-Bas","volume":"8 1","pages":"109-130"},"PeriodicalIF":0.0,"publicationDate":"2020-08-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77716887","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}
This elaboration is dedicated to analysis of access to a lawyer for a suspect at the early stage of criminal proceedings in Polish criminal law in light of directive 2013/48/ EU. In particular, it emphasises the suspect’s right of access to a lawyer during the identity parade, confrontation and the reconstruction of the scene of a crime. It considers whether the applicable legal provisions of the Polish Code of Criminal Procedure ensure, above all, appropriate scope of the right of defence for the suspected person in view of the indicated evidentiary activities and whether this scope corresponds to the standards designated by European Union directive 2013/48/EU.
{"title":"Access to a Lawyer for a Suspect at Early Stage of Criminal Proceedings and Its Participation in Investigative Acts","authors":"Joanna Dzierżanowska","doi":"10.31743/recl.6153","DOIUrl":"https://doi.org/10.31743/recl.6153","url":null,"abstract":"This elaboration is dedicated to analysis of access to a lawyer for a suspect at the early stage of criminal proceedings in Polish criminal law in light of directive 2013/48/ EU. In particular, it emphasises the suspect’s right of access to a lawyer during the identity parade, confrontation and the reconstruction of the scene of a crime. It considers whether the applicable legal provisions of the Polish Code of Criminal Procedure ensure, above all, appropriate scope of the right of defence for the suspected person in view of the indicated evidentiary activities and whether this scope corresponds to the standards designated by European Union directive 2013/48/EU.","PeriodicalId":20823,"journal":{"name":"Recueil des Travaux Chimiques des Pays-Bas","volume":"81 1","pages":"109-127"},"PeriodicalIF":0.0,"publicationDate":"2020-08-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85943115","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}
The right of family members of Union citizens to live with them in the host Member State has always been considered essential for an effective freedom of movement of citizens. However, the provisions of Directive 2004/38/EC2 contain a different description of the scope of authority of Union citizens family member, taking advantage of the freedom of movement of persons as to the possibility of accompanying or joining EU citizens taking advantage of the freedom of movement of persons, depending on whether they belong to the circle of “closer” or “distant” family members. This issue acquires particular significance in the context of family members who are not citizens of any Member State of the Union. For individuals belonging to the circle of “closer” family members, the EU legislator grants the subjective right to accompany or join a Union citizen exercising the right of the freedom of movement of persons. In the latter case, the legislator only obliges the host Member States to facilitate entry and residence for such individuals in accordance with their national legislation. The glossed judgment, by * M.A., researcher and lecturer at the Department of Roman Law of John Paul II Catholic University of Lublin, katarzyna.woch@kul.pl, ORCID: 0000–0003–1176–6135. 1 Judgment of the Court of Justice of the European Union of 26 March 2019, C 129/18, SM versus Entry Clearance Officer, UK Visa Section, OJ C 134 of 16th April 2018; hereinafter: judgment C 129/18. 2 Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No. 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/ EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC [Text with EEA relevance], OJ L 156 of 30 April 2004; hereinafter: Directive 2004/38/EC.
联盟公民的家庭成员在东道国与他们同住的权利一直被认为是公民有效行动自由的必要条件。然而，指令2004/38/EC2的规定包含了对欧盟公民家庭成员利用人员流动自由的权力范围的不同描述，以及陪同或加入欧盟公民利用人员流动自由的可能性，这取决于他们是属于“更近”还是“更远”的家庭成员圈子。在非欧盟任何成员国公民的家庭成员的情况下，这个问题具有特别重要的意义。对于属于“更亲密”家庭成员圈子的个人，欧盟立法者授予陪伴或加入行使人员行动自由权的联盟公民的主观权利。在后一种情况下，立法者只要求东道国会员国根据其国家立法为这些个人的入境和居留提供便利。注释的判决，作者*文学硕士，卢布林天主教大学约翰保罗二世罗马法系研究员和讲师，katarzyna.woch@kul.pl, ORCID: 0000-0003-1176-6135。1欧盟法院2019年3月26日的判决，C 129/18, SM诉英国签证处入境清关官，OJ C 134, 2018年4月16日;以下为C 129/18号判决。2004年4月29日欧洲议会和理事会第2004/38/EC号指令，关于欧盟公民及其家庭成员在成员国领土内自由移动和居住的权利，修订第1612/68号法规并废除第64/221/EEC、68/360/EEC、72/194/EEC、73/148/EEC、75/34/ EEC、75/35/EEC、90/364/EEC、90/365/EEC和93/96/EEC指令[与欧洲经济区相关的文本]，OJ L 156, 2004年4月30日;指令2004/38/EC。
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Review of the book Simone Paoli, Frontiera Sud. L'Italia e la nascita dell'Europa di Schengen
西蒙娜·保利的读书报告，南边疆。意大利和申根欧洲的诞生
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