In legal doctrine, attention is drawn to the relationship between instruments of direct democracy and the signature requirement, because the latter may block the activity ofcitizens. Therefore, this paper focuses on signature requirements of local citizen’ initiatives (LCI), which is also analyzed from the perspective of the principle of equality. We identify: thelegal threshold of support (LTS) and the actual threshold of support (ATS). The legal threshold is construed as the statutory requirement of support (quantified or specified as a percentage), whereas the actual threshold of support is the quotient of the number of signatures required and the total number of residents in a given district. With respect to the LCI, a district is an area of a municipality, poviat and voivodship. The ATS is an indicator used by us to study the principle of equality.
{"title":"Local Citizen Initiatives in Poland: The Disparity in Signature Requirements","authors":"Dorota Lis-Staranowicz, Monika Giżyńska","doi":"10.31743/recl.5708","DOIUrl":"https://doi.org/10.31743/recl.5708","url":null,"abstract":"In legal doctrine, attention is drawn to the relationship between instruments of direct democracy and the signature requirement, because the latter may block the activity ofcitizens. Therefore, this paper focuses on signature requirements of local citizen’ initiatives (LCI), which is also analyzed from the perspective of the principle of equality. We identify: thelegal threshold of support (LTS) and the actual threshold of support (ATS). The legal threshold is construed as the statutory requirement of support (quantified or specified as a percentage), whereas the actual threshold of support is the quotient of the number of signatures required and the total number of residents in a given district. With respect to the LCI, a district is an area of a municipality, poviat and voivodship. The ATS is an indicator used by us to study the principle of equality.","PeriodicalId":20823,"journal":{"name":"Recueil des Travaux Chimiques des Pays-Bas","volume":"569 1","pages":"45-66"},"PeriodicalIF":0.0,"publicationDate":"2020-08-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87253664","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 presents the results of a study of the reasons for rulings of the Polish courts in terms of the presence in them of references to common law. The analysis of the title issue is mainly of a qualitative nature with descriptive, systematic, and explanatory features. The research has focused on determining the functions played by the references to common law in judgments and on recognizing the factors that rule or causally explain the practice of the courts referring to the given law system in their decisions. Some general regularities characterizing the discussed phenomenon have also been shown. Furthermore, quantitative findings on the scale, intensity, and dynamics of the references to common law in the reasons for judgments have been presented. Common law, which until now has been the subject of comparative studies of the Polish legal science, is increasingly drawing attention of the Polish courts as the law-applying bodies. Furthermore, the paper confirms the growing role of foreign law in the judicial decision-making process.
{"title":"References to Common Law in the Reasons for Judgments by Polish Courts","authors":"G. Maroń","doi":"10.31743/recl.5156","DOIUrl":"https://doi.org/10.31743/recl.5156","url":null,"abstract":"The article presents the results of a study of the reasons for rulings of the Polish courts in terms of the presence in them of references to common law. The analysis of the title issue is mainly of a qualitative nature with descriptive, systematic, and explanatory features. The research has focused on determining the functions played by the references to common law in judgments and on recognizing the factors that rule or causally explain the practice of the courts referring to the given law system in their decisions. Some general regularities characterizing the discussed phenomenon have also been shown. Furthermore, quantitative findings on the scale, intensity, and dynamics of the references to common law in the reasons for judgments have been presented. Common law, which until now has been the subject of comparative studies of the Polish legal science, is increasingly drawing attention of the Polish courts as the law-applying bodies. Furthermore, the paper confirms the growing role of foreign law in the judicial decision-making process.","PeriodicalId":20823,"journal":{"name":"Recueil des Travaux Chimiques des Pays-Bas","volume":"3 1","pages":"131-161"},"PeriodicalIF":0.0,"publicationDate":"2020-08-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82509558","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":"Review of Vincent Chetail, International Migration Law (Oxford University Press, 2019)","authors":"Alan Desmond","doi":"10.31743/recl.4844","DOIUrl":"https://doi.org/10.31743/recl.4844","url":null,"abstract":"Recenzja ksiazki Vincent'a Chetail'a","PeriodicalId":20823,"journal":{"name":"Recueil des Travaux Chimiques des Pays-Bas","volume":"27 1","pages":"201-203"},"PeriodicalIF":0.0,"publicationDate":"2020-08-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73321009","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 deals with the opportunity for a suspected person and the passive party in the proceedings for offences to exercise the right of access to a lawyer and the right of legal counsel. The aim of the article is to provide a comparative legal analysis of the provisions of the Code of Procedure in Minor Offences against the background of the EU guarantees under Directives 2013/48/EU and 2016/1919/ EU. Directive 2013/48/EU deals with one of the two aspects of the aforementioned right: namely the right of access to a lawyer for suspects and accused persons in criminal proceedings, while the right to legal aid and to state-guaranteed legal assistance in certain circumstances is regulated by Directive 2016/1919/EU.
{"title":"Access to a Lawyer in Proceedings for Minor Offences Under Polish and European Union Law","authors":"I. Bień-Węgłowska","doi":"10.31743/recl.6157","DOIUrl":"https://doi.org/10.31743/recl.6157","url":null,"abstract":"The Article deals with the opportunity for a suspected person and the passive party in the proceedings for offences to exercise the right of access to a lawyer and the right of legal counsel. The aim of the article is to provide a comparative legal analysis of the provisions of the Code of Procedure in Minor Offences against the background of the EU guarantees under Directives 2013/48/EU and 2016/1919/ EU. Directive 2013/48/EU deals with one of the two aspects of the aforementioned right: namely the right of access to a lawyer for suspects and accused persons in criminal proceedings, while the right to legal aid and to state-guaranteed legal assistance in certain circumstances is regulated by Directive 2016/1919/EU.","PeriodicalId":20823,"journal":{"name":"Recueil des Travaux Chimiques des Pays-Bas","volume":"24 1","pages":"175-196"},"PeriodicalIF":0.0,"publicationDate":"2020-08-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"91083866","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 subject matter of the article concerns international regulations mentioned by Gaius in his Institutes. The work under discussion, which is also a textbook for students of law, refers in several fragments to the institutions respected at the international level – the status of the Latins, peregrini dediticii and sponsio, contracted at the international arena. The references made by Gaius to the above institutions was aimed at comparing them to private-law solutions, which was intended to facilitate understanding of the norms relating to individuals that were comprised in his work.
{"title":"On some International Regulations in Gaius’s Institutes","authors":"Izabela Leraczyk","doi":"10.31743/recl.4917","DOIUrl":"https://doi.org/10.31743/recl.4917","url":null,"abstract":"The subject matter of the article concerns international regulations mentioned by Gaius in his Institutes. The work under discussion, which is also a textbook for students of law, refers in several fragments to the institutions respected at the international level – the status of the Latins, peregrini dediticii and sponsio, contracted at the international arena. The references made by Gaius to the above institutions was aimed at comparing them to private-law solutions, which was intended to facilitate understanding of the norms relating to individuals that were comprised in his work.","PeriodicalId":20823,"journal":{"name":"Recueil des Travaux Chimiques des Pays-Bas","volume":"34 1","pages":"99-119"},"PeriodicalIF":0.0,"publicationDate":"2020-07-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87992441","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 aim of the study is to determine the current position of a Polish prisoner against the international background, basedon the description of hygiene and sanitation conditions as a part of social and living conditions which are the closest to penitentiary everyday life. The study presents main acts of the international law and analyzes selected case-law of the European Court of Human Rights1 in determining standards for dealing with persons deprived of freedom, as well as the activities of international and national preventive mechanisms, in particular the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment2 and the Ombudsman.
{"title":"Social and Living Conditions in Polish Prisons in the Context of International Legal Regulations – Selected Issues","authors":"Grzegorz Adam Skrobotowicz","doi":"10.31743/recl.5133","DOIUrl":"https://doi.org/10.31743/recl.5133","url":null,"abstract":"The aim of the study is to determine the current position of a Polish prisoner against the international background, basedon the description of hygiene and sanitation conditions as a part of social and living conditions which are the closest to penitentiary everyday life. The study presents main acts of the international law and analyzes selected case-law of the European Court of Human Rights1 in determining standards for dealing with persons deprived of freedom, as well as the activities of international and national preventive mechanisms, in particular the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment2 and the Ombudsman.","PeriodicalId":20823,"journal":{"name":"Recueil des Travaux Chimiques des Pays-Bas","volume":"110 1","pages":"169-186"},"PeriodicalIF":0.0,"publicationDate":"2020-07-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76062551","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 the agreements concluded by the EU with Japan: Economic Partnership Agreement, Strategic Partnership Agreement and the negotiated agreement: Investment Protection Agreement. EPA liberalizes trade in goods and services. By setting the legal framework for a strategic partnership, SPA facilitates cooperation against common challenges. IPA will regulate standards for investment protection and disputes resolution. The analysis consists: – the content of the Agreements; – socio-economic and political potential of the parties; – EU’s legal powers to negotiate and conclude agreements, and its competence, whether exclusive or shared, to enter into these Agreements; – the importance of Agreements for their parties and for other international actors as well as for regional, trans-regional and global relations. The thesis of the study is the statement that in a world where instability is increasing and security is reduced, the parties are fulfilling their, as real great powers, obligation to bear special responsibility for the implementation of the values represented. The Agreements confirm the community of values on which they are embedded and create conditions for strengthening these values. The study consists of five parts. First we analyse the subject matter of the Agreements, then their actors, and the reasons of concluding them and why. In part IV we explain the importance of the Agreements for the contracting parties and for * Andżelika Kuźnar, SGH Professor, Institute of International Economics, Collegium of World Economy, Warsaw School of Economics, e-mail: andzelika.kuznar@ sgh.waw.pl, ORCID 0000-0002-7042-4592; ** Jerzy Menkes, Professor, Department of European Integration and Law, Collegium of World Economy, Warsaw School of Economics, e-mail:jerzy.menkes@sgh.waw.pl, ORCID 0000-0002-7744-8167
{"title":"EU-Japan Agreements: Content, Context and Implications","authors":"Andżelika Kuźnar, J. Menkes","doi":"10.31743/recl.4839","DOIUrl":"https://doi.org/10.31743/recl.4839","url":null,"abstract":"The article analyses the agreements concluded by the EU with Japan: Economic Partnership Agreement, Strategic Partnership Agreement and the negotiated agreement: Investment Protection Agreement. EPA liberalizes trade in goods and services. By setting the legal framework for a strategic partnership, SPA facilitates cooperation against common challenges. IPA will regulate standards for investment protection and disputes resolution. The analysis consists: – the content of the Agreements; – socio-economic and political potential of the parties; – EU’s legal powers to negotiate and conclude agreements, and its competence, whether exclusive or shared, to enter into these Agreements; – the importance of Agreements for their parties and for other international actors as well as for regional, trans-regional and global relations. The thesis of the study is the statement that in a world where instability is increasing and security is reduced, the parties are fulfilling their, as real great powers, obligation to bear special responsibility for the implementation of the values represented. The Agreements confirm the community of values on which they are embedded and create conditions for strengthening these values. The study consists of five parts. First we analyse the subject matter of the Agreements, then their actors, and the reasons of concluding them and why. In part IV we explain the importance of the Agreements for the contracting parties and for * Andżelika Kuźnar, SGH Professor, Institute of International Economics, Collegium of World Economy, Warsaw School of Economics, e-mail: andzelika.kuznar@ sgh.waw.pl, ORCID 0000-0002-7042-4592; ** Jerzy Menkes, Professor, Department of European Integration and Law, Collegium of World Economy, Warsaw School of Economics, e-mail:jerzy.menkes@sgh.waw.pl, ORCID 0000-0002-7744-8167","PeriodicalId":20823,"journal":{"name":"Recueil des Travaux Chimiques des Pays-Bas","volume":"15 1","pages":"7-57"},"PeriodicalIF":0.0,"publicationDate":"2020-07-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86616224","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 aim of this article is analysis of one of the barriers to the functioning of procedures for authorization, certification, and licensing of renewable energy sources (RES) investments lack of coordination in actions of the public administration authorities while conducting those procedures, both in the context of EU law, as much national laws of selected Member States. Why this barrier is still dominant? The article is devoted to the analysis of possible and applied models for such coordination in the area of RES investments. Attention has also been drawn to restrictions that should be taken under consideration by the Member States while the regulations regarding procedures coordination implementing. Constructing and applying of coordination of public administration authorities activities in such a way as it might contribute to streamlining and accelerating administrative procedures in the area of RES investments and consequently achieve a designated RES energy share in the final gross energy consumption, is not an easy task. Inappropriately constructed and applied mechanisms may lead to an exactly opposite effect.
{"title":"Implementation of the European Union Requirement to Coordinate Activities of Public Administration Authorities in the Process of the Authorisation, Certification, and Licensing of Renewable Energy Sources Investments","authors":"Kamila Sobieraj","doi":"10.31743/recl.4926","DOIUrl":"https://doi.org/10.31743/recl.4926","url":null,"abstract":"The aim of this article is analysis of one of the barriers to the functioning of procedures for authorization, certification, and licensing of renewable energy sources (RES) investments lack of coordination in actions of the public administration authorities while conducting those procedures, both in the context of EU law, as much national laws of selected Member States. Why this barrier is still dominant? The article is devoted to the analysis of possible and applied models for such coordination in the area of RES investments. Attention has also been drawn to restrictions that should be taken under consideration by the Member States while the regulations regarding procedures coordination implementing. Constructing and applying of coordination of public administration authorities activities in such a way as it might contribute to streamlining and accelerating administrative procedures in the area of RES investments and consequently achieve a designated RES energy share in the final gross energy consumption, is not an easy task. Inappropriately constructed and applied mechanisms may lead to an exactly opposite effect.","PeriodicalId":20823,"journal":{"name":"Recueil des Travaux Chimiques des Pays-Bas","volume":"69 1","pages":"121-144"},"PeriodicalIF":0.0,"publicationDate":"2020-07-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83200926","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 article presents a new Polish regulation concerning the simple joint-stock company (Polish: prosta spółka akcyjna; SJSC). It is a legal form of a commercial company, dedicated mostly (but not exclusively) to new-technology entities. Its main advantage is the possibility to subscribe shares in exchange for a contribution in the form of work or services provided to the company. This will make it possible for SJSC promoters to attract investors in order to run the enterprise while maintaining control over the company and excluding personal liability for its obligations. Another characteristic is that the SJSC has no share capital. Even so, the degree of actual protection of a company’s creditors does not seem lower than that provided by companies supplied with a share capital. This is because the creditors’ interests are secured not only by the obligation to conduct the solvency test before paying out funds to a shareholder but also by restrictive rules of responsibility of management board members for the company’s liabilities if the enforcement carried out against the company proves ineffective.
{"title":"Simple Joint-Stock Company – A New Type of Polish Commercial Company Dedicated (Mostly) to New-Technology Entities","authors":"Paweł Marcin Zdanikowski","doi":"10.31743/recl.5277","DOIUrl":"https://doi.org/10.31743/recl.5277","url":null,"abstract":"This article presents a new Polish regulation concerning the simple joint-stock company (Polish: prosta spółka akcyjna; SJSC). It is a legal form of a commercial company, dedicated mostly (but not exclusively) to new-technology entities. Its main advantage is the possibility to subscribe shares in exchange for a contribution in the form of work or services provided to the company. This will make it possible for SJSC promoters to attract investors in order to run the enterprise while maintaining control over the company and excluding personal liability for its obligations. Another characteristic is that the SJSC has no share capital. Even so, the degree of actual protection of a company’s creditors does not seem lower than that provided by companies supplied with a share capital. This is because the creditors’ interests are secured not only by the obligation to conduct the solvency test before paying out funds to a shareholder but also by restrictive rules of responsibility of management board members for the company’s liabilities if the enforcement carried out against the company proves ineffective.","PeriodicalId":20823,"journal":{"name":"Recueil des Travaux Chimiques des Pays-Bas","volume":"98 1","pages":"79-97"},"PeriodicalIF":0.0,"publicationDate":"2020-07-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80556455","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}
Clear normative grounds for the information obligation are visible in the Directive (EU) 2016/97 of the European Parliament and of the Council of 20 January 2016 on insurance distribution (hereinafter: IDD). One of the challenges before insurance law is to answer the question whether and how one should sanction violations of disclosure obligations resulting in the absence of the desired insurance protection. In this aspect important legal problem is law applicable to the assessment of liability for violation of disclosure obligations by the insurer. The second important problem is law applicable to the assessment of liability for violation of disclosure obligations by third parties vis-a-vis the insurer. Some remarks concerning jurisdiction in matters relating to the loss of chance to become insured, have different practical implications.
{"title":"The Directive 2016/97 On Insurance Distribution (IDD) And Private International Law","authors":"M. Fraś","doi":"10.31743/recl.4848","DOIUrl":"https://doi.org/10.31743/recl.4848","url":null,"abstract":"Clear normative grounds for the information obligation are visible in the Directive (EU) 2016/97 of the European Parliament and of the Council of 20 January 2016 on insurance distribution (hereinafter: IDD). One of the challenges before insurance law is to answer the question whether and how one should sanction violations of disclosure obligations resulting in the absence of the desired insurance protection. In this aspect important legal problem is law applicable to the assessment of liability for violation of disclosure obligations by the insurer. \u0000The second important problem is law applicable to the assessment of liability for violation of disclosure obligations by third parties vis-a-vis the insurer. Some remarks concerning jurisdiction in matters relating to the loss of chance to become insured, have different practical implications.","PeriodicalId":20823,"journal":{"name":"Recueil des Travaux Chimiques des Pays-Bas","volume":"5 1","pages":"113-143"},"PeriodicalIF":0.0,"publicationDate":"2020-04-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80505877","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}
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