Climate policy is a complexed area of cooperation between Member States and European Union institutions. The ambitious goals that the EU sets for itself in this matter are not always possible to be met by all Member States, hence the ability to work out compromise solutions is of great importance. Member States have different internal conditions, which determine the objectives of their economic and energy policies, therefore they do not always have convergent interests in this area. The decision-making centre where EU climate protection policy is created is: the European Council, where key elements of this policy are agreed (such as reduction targets), and so-called an ‘institutional triangle’, i.e. EU Council, European Parliament and European Commission which are directly involved into the legislative process. This configurations is a platform where cooperation of the Member States manifests itself in various forms and intensity and where these countries may attempt to force their interests in the process of creating EU policy. The authors present the legal bases of the European Union's competences in the field of climate policy and the role of the EU institutions in its creation with particular focus on mechanisms that allow Member States to influence the shape of that policy.
{"title":"Cooperation Between Institutions of the European Union and Its Member States in the Creation of Climate Protection Policy","authors":"Piotr Świat, Joanna Bukowska","doi":"10.31743/recl.4791","DOIUrl":"https://doi.org/10.31743/recl.4791","url":null,"abstract":"Climate policy is a complexed area of cooperation between Member States and European Union institutions. The ambitious goals that the EU sets for itself in this matter are not always possible to be met by all Member States, hence the ability to work out compromise solutions is of great importance. Member States have different internal conditions, which determine the objectives of their economic and energy policies, therefore they do not always have convergent interests in this area. \u0000The decision-making centre where EU climate protection policy is created is: the European Council, where key elements of this policy are agreed (such as reduction targets), and so-called an ‘institutional triangle’, i.e. EU Council, European Parliament and European Commission which are directly involved into the legislative process. This configurations is a platform where cooperation of the Member States manifests itself in various forms and intensity and where these countries may attempt to force their interests in the process of creating EU policy. \u0000The authors present the legal bases of the European Union's competences in the field of climate policy and the role of the EU institutions in its creation with particular focus on mechanisms that allow Member States to influence the shape of that policy.","PeriodicalId":20823,"journal":{"name":"Recueil des Travaux Chimiques des Pays-Bas","volume":"22 1","pages":"33-60"},"PeriodicalIF":0.0,"publicationDate":"2020-04-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82962395","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 paper presents a new category of criminal norms that are referred to as “instrumental crimes”. It is a from of anticipation through which the Spanish legislator punishes the preparation of crime incriminating evidence or processes to commit a crime in order to prevent new forms of crime. However, this decision is illegitimate because it is incompatible with constitutional principles. In that sense, maintaining those criminal norms in the code will require interpretation that conforms to the basic principles of criminal law.
{"title":"INSTRUMENTAL OFFENCE IN SPANISH CRIMINAL CODE: PROBLEMS OF LEGITIMACY?","authors":"Cruz Palmera, Roberto José","doi":"10.31743/recl.4998","DOIUrl":"https://doi.org/10.31743/recl.4998","url":null,"abstract":"This paper presents a new category of criminal norms that are referred to as “instrumental crimes”. It is a from of anticipation through which the Spanish legislator punishes the preparation of crime incriminating evidence or processes to commit a crime in order to prevent new forms of crime. However, this decision is illegitimate because it is incompatible with constitutional principles. In that sense, maintaining those criminal norms in the code will require interpretation that conforms to the basic principles of criminal law.","PeriodicalId":20823,"journal":{"name":"Recueil des Travaux Chimiques des Pays-Bas","volume":"15 1","pages":"99-112"},"PeriodicalIF":0.0,"publicationDate":"2020-04-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75097529","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}
Artykuł omawia kwestię prawa właściwego dla ustanowienia prawa zabezpieczającego na nieruchomości –hipoteki. Główne rozważania poprzedza analiza prawna hipoteki, projektu eurohipoteki jak i wspólny system informacji europejskiej EULIS. Następnie dokonano krótkiego przeglądu uregulowania hipoteki w wybranych systemach ( np. francuskim, niemieckim). Zasadnicza część artykułu dotyczy reguł poszukiwania prawa właściwego dla hipoteki, zakresu tych reguł. Omówiona zostaje kwestia zmiany prawa dla hipotek (nieruchomości) np. wskutek zmiany granic w tym zmiany wrogiej (aneksji).
{"title":"Mortgage in international private law","authors":"Jacek Widło","doi":"10.31743/recl.4823","DOIUrl":"https://doi.org/10.31743/recl.4823","url":null,"abstract":"Artykuł omawia kwestię prawa właściwego dla ustanowienia prawa zabezpieczającego na nieruchomości –hipoteki. Główne rozważania poprzedza analiza prawna hipoteki, projektu eurohipoteki jak i wspólny system informacji europejskiej EULIS. Następnie dokonano krótkiego przeglądu uregulowania hipoteki w wybranych systemach ( np. francuskim, niemieckim). Zasadnicza część artykułu dotyczy reguł poszukiwania prawa właściwego dla hipoteki, zakresu tych reguł. Omówiona zostaje kwestia zmiany prawa dla hipotek (nieruchomości) np. wskutek zmiany granic w tym zmiany wrogiej (aneksji).","PeriodicalId":20823,"journal":{"name":"Recueil des Travaux Chimiques des Pays-Bas","volume":"9 1","pages":"145-168"},"PeriodicalIF":0.0,"publicationDate":"2020-04-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84622553","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 paper elaborates upon the values forming the axiological paradigm of social inclusion intensification. At its core, the analysis focuses on the examples found within the Polish legal system. The analysis has been conducted in consideration of such inclusive values as: dignity, freedom, equity, common welfare and social solidarity, which are commonly accepted as fundamental to all social inclusion actions of civil societies within countries established on the democratic rule of law. The analysis is to show that those values create the basis for actions performed in order to achieve social inclusion.
{"title":"Axiological paradigm of social inclusion intensification - selected remarks","authors":"Magdalena Małecka-Łyszczek, Radosław Mędrzycki","doi":"10.31743/recl.4826","DOIUrl":"https://doi.org/10.31743/recl.4826","url":null,"abstract":"This paper elaborates upon the values forming the axiological paradigm of social inclusion intensification. At its core, the analysis focuses on the examples found within the Polish legal system. The analysis has been conducted in consideration of such inclusive values as: dignity, freedom, equity, common welfare and social solidarity, which are commonly accepted as fundamental to all social inclusion actions of civil societies within countries established on the democratic rule of law. The analysis is to show that those values create the basis for actions performed in order to achieve social inclusion.","PeriodicalId":20823,"journal":{"name":"Recueil des Travaux Chimiques des Pays-Bas","volume":"40 1","pages":"77-97"},"PeriodicalIF":0.0,"publicationDate":"2020-04-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90106232","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 is devoted to minimum standards in the new procedural instrument – the European Account Preservation Order. The main purpose of the preservation proceeding is to grant an interim order of creditor’s claim on debtor assets, without overburdening his property. Due to the complicated procedure established by Regulation (EU) No 655/2014, the European Account Preservation Order should serve as an additional and optional measure for the creditor, the examination of the minimum standards is essential. The Author indicates the relation between the above-mentioned regulation and other regulations and gives an explanation why this instrument is another symptom of the new EU legislator’s approach to cross-border civil matters. Since the debtor is a person whose interests are most affected by the preservation of the bank account, it is necessary to specify his rights and obligations in these proceedings.
本文致力于新的程序工具的最低标准-欧洲账户保存令。保全程序的主要目的是在不加重债务人财产负担的情况下，对债权人对债务人资产的债权发出临时命令。由于法规(EU) No 655/2014规定的程序复杂，欧洲账户保全令应作为债权人的一项附加和可选措施，对最低标准的审查至关重要。作者指出了上述条例与其他条例之间的关系，并解释了为什么这一文书是欧盟新立法者处理跨境民事事务的另一个症状。由于债务人是其利益受银行账户保全影响最大的人，因此有必要在这些诉讼中明确他的权利和义务。
{"title":"Minimum standards in the European Account Preservation Order","authors":"Mateusz Wiktor Golak","doi":"10.31743/recl.4801","DOIUrl":"https://doi.org/10.31743/recl.4801","url":null,"abstract":"The article is devoted to minimum standards in the new procedural instrument – the European Account Preservation Order. The main purpose of the preservation proceeding is to grant an interim order of creditor’s claim on debtor assets, without overburdening his property. Due to the complicated procedure established by Regulation (EU) No 655/2014, the European Account Preservation Order should serve as an additional and optional measure for the creditor, the examination of the minimum standards is essential. The Author indicates the relation between the above-mentioned regulation and other regulations and gives an explanation why this instrument is another symptom of the new EU legislator’s approach to cross-border civil matters. Since the debtor is a person whose interests are most affected by the preservation of the bank account, it is necessary to specify his rights and obligations in these proceedings.","PeriodicalId":20823,"journal":{"name":"Recueil des Travaux Chimiques des Pays-Bas","volume":"49 1","pages":"61-75"},"PeriodicalIF":0.0,"publicationDate":"2020-04-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84577671","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}
In the light of old Polish law, based on the system of norms of peasant slavery, understood as a legal institution, the flight of peasants was qualified as an illegal act, which was subject various to legal sanctions. The reason why peasants chose to become fugitives was usually their desire to improve living conditions. The direction the fugitives took was another village (a different demesne), a town (private or royal); peasants even crossed state borders. This analysis draws attention to the most important legal problems related to the flight of peasants in old Poland concerning the sources of law as regards the flight of peasants, ways of seeking to release a peasant by means of court proceedings, types of sanctions for such flight, and forms of peasants’ abandonment of master’s property other than flight.
{"title":"LEGAL ISSUES RELATED TO THE FLIGHT OF PEASANTS IN OLD POLAND (14th-19th CENTURY)","authors":"Marcin Konarski","doi":"10.31743/recl.4753","DOIUrl":"https://doi.org/10.31743/recl.4753","url":null,"abstract":"In the light of old Polish law, based on the system of norms of peasant slavery, understood as a legal institution, the flight of peasants was qualified as an illegal act, which was subject various to legal sanctions. The reason why peasants chose to become fugitives was usually their desire to improve living conditions. The direction the fugitives took was another village (a different demesne), a town (private or royal); peasants even crossed state borders. This analysis draws attention to the most important legal problems related to the flight of peasants in old Poland concerning the sources of law as regards the flight of peasants, ways of seeking to release a peasant by means of court proceedings, types of sanctions for such flight, and forms of peasants’ abandonment of master’s property other than flight.","PeriodicalId":20823,"journal":{"name":"Recueil des Travaux Chimiques des Pays-Bas","volume":"12 1","pages":"7-32"},"PeriodicalIF":0.0,"publicationDate":"2020-04-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74277204","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 paper questions applicability of restorative justice in cases of sexual violence. Specific nature and serious consequences of sexual violence are the reason why this question appeared. In order to find out the answer, authors represented the characteristics, mechanisms and nature of restorative justice, offering in the same time comparition of arguments in favor and against of applicability of restorative justice in this, particulary sensitive type of criminal offences. Together with review of different theoretical approaches to this matter, authors tested applicability of restorative justice in cases of sexual violence in Bosnia and Herzegovina. In this paper normative, comparative and historical scientific methods have been used.
{"title":"IS RESTORATIVE JUSTICE AN APPROPRIATE LEGAL REMEDIATION FOR SEXUAL VIOLENCE?","authors":"Ena Kazic, Rialda Ćorović","doi":"10.31743/recl.4774","DOIUrl":"https://doi.org/10.31743/recl.4774","url":null,"abstract":"This paper questions applicability of restorative justice in cases of sexual violence. Specific nature and serious consequences of sexual violence are the reason why this question appeared. In order to find out the answer, authors represented the characteristics, mechanisms and nature of restorative justice, offering in the same time comparition of arguments in favor and against of applicability of restorative justice in this, particulary sensitive type of criminal offences. Together with review of different theoretical approaches to this matter, authors tested applicability of restorative justice in cases of sexual violence in Bosnia and Herzegovina. In this paper normative, comparative and historical scientific methods have been used.","PeriodicalId":20823,"journal":{"name":"Recueil des Travaux Chimiques des Pays-Bas","volume":"34 1","pages":"65-95"},"PeriodicalIF":0.0,"publicationDate":"2020-01-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77056213","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 purpose of this paper is to explore whether the processing of personal data under Regulation 2017/226 is compatible with the principle of proportionality in the light of Charter of Fundamental Rights of the EU and the case-law of the Court of Justice of the European Union (CJEU). The Regulation 2017/2226 provides the EES system which is the only system that collects the entry/exit data of all third-country nationals entering the Schengen area for a short stay, whether via a land, sea or air border. The EES replaces the current system of manual stamping of passports.
{"title":"Regulation (EU) 2017/2226 of the European Parliament and of the Council of 30 November 2017 establishing an Entry/Exit System (EES) versus data protection – Is it done in the right way?","authors":"Julia Wojnowska-Radzińska","doi":"10.31743/recl.4829","DOIUrl":"https://doi.org/10.31743/recl.4829","url":null,"abstract":"The purpose of this paper is to explore whether the processing of personal data under Regulation 2017/226 is compatible with the principle of proportionality in the light of Charter of Fundamental Rights of the EU and the case-law of the Court of Justice of the European Union (CJEU). The Regulation 2017/2226 provides the EES system which is the only system that collects the entry/exit data of all third-country nationals entering the Schengen area for a short stay, whether via a land, sea or air border. The EES replaces the current system of manual stamping of passports.","PeriodicalId":20823,"journal":{"name":"Recueil des Travaux Chimiques des Pays-Bas","volume":"26 1","pages":"121-138"},"PeriodicalIF":0.0,"publicationDate":"2020-01-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75900523","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 explores the development of EU visa policy with special emphasis put on legal and institutional dimensions. Basing on a formal analysis of primary and secondary law of the European Union and literature on the subject, it claims that intergovernmental roots of common visa policy strongly affect the current structure of EU regulations on visas. The research is focused on the formal development in this area of integration with particular attention paid to the intergovernmental dimension which is still present in the framework of the Schengen visa regime. Visa facilitation agreements as part of EU visa law as well as political determinants of common visa policy are also examined. The article concludes that visa issuing still remains a complex matter, characterized by dispersion of visa acquis due to separate provisions that still remain in force and which presents a mix of hard and soft law. Since the Member States have retained the right to issue national, long-term visas and the national practice of issuing uniform visas remains varied, European integration in the area of visas is still incomplete.
{"title":"The COMMUNITARIAN AND INTERGOVERNMENTAL DIMENSION OF THE EU VISA LAW","authors":"M. Cesarz","doi":"10.31743/recl.4841","DOIUrl":"https://doi.org/10.31743/recl.4841","url":null,"abstract":"This article explores the development of EU visa policy with special emphasis put on legal and institutional dimensions. Basing on a formal analysis of primary and secondary law of the European Union and literature on the subject, it claims that intergovernmental roots of common visa policy strongly affect the current structure of EU regulations on visas. The research is focused on the formal development in this area of integration with particular attention paid to the intergovernmental dimension which is still present in the framework of the Schengen visa regime. Visa facilitation agreements as part of EU visa law as well as political determinants of common visa policy are also examined. The article concludes that visa issuing still remains a complex matter, characterized by dispersion of visa acquis due to separate provisions that still remain in force and which presents a mix of hard and soft law. Since the Member States have retained the right to issue national, long-term visas and the national practice of issuing uniform visas remains varied, European integration in the area of visas is still incomplete.","PeriodicalId":20823,"journal":{"name":"Recueil des Travaux Chimiques des Pays-Bas","volume":"33 1","pages":"7-31"},"PeriodicalIF":0.0,"publicationDate":"2020-01-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"91025639","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 essential measures for a common European asylum system adopted by EU institutions include Regulation (EU) No 604/2013 and Directive 2013/32/ EU. These acts relate to the various stages of the functioning of the common European asylum system, however, there may be a risk of a violation of the fundamental rights of applicants as set out in the Charter of Fundamental Rights of the EU, including the prohibition on inhuman or degrading treatment (Article 4 of the Charter), at both stages. Such a risk may arise as a result of deficiencies in the asylum systems of the Member States. If these deficiencies are to fall within the scope of Article 4 of the Charter, they must attain a particularly high level of severity, which depends on all the circumstances of the case. An example of attaining this particularly high level of severity is the situation of extreme material poverty. As acts of the EU asylum law do not contain the terms “particularly high level of severity” and “extreme material poverty” and all the more they do not define them, guidelines on how to interpret and apply Article 4 of the Charter in the context of the common European asylum system should be sought in the case law of the Court of Justice of the EU. Therefore, the aim of the article is to explore and attempt to generalise and develop the basis and the criteria indicated * Associate Professor, Hab. in Law, PhD in Law, Head of the Research Centre for Legal and Economic Issues of Contemporary International Migration at the WSB University in Wrocław, Attorney-at-Law Member of the Wrocław Bar Association of Attorneys-at-Law; izabela.wrobel@wsb.wroclaw.pl
{"title":"EXTREME MATERIAL POVERTY AS A NEGATIVE PREREQUISITE FOR THE TRANSFER OF AN APPLICANT FOR INTERNATIONAL PROTECTION TO THE COMPETENT MEMBER STATE AND FOR THE REJECTION OF AN APPLICATION FOR THE GRANT OF REFUGEE STATUS AS BEING INADMISSIBLE","authors":"I. Wróbel","doi":"10.31743/recl.4817","DOIUrl":"https://doi.org/10.31743/recl.4817","url":null,"abstract":"The essential measures for a common European asylum system adopted by EU institutions include Regulation (EU) No 604/2013 and Directive 2013/32/ EU. These acts relate to the various stages of the functioning of the common European asylum system, however, there may be a risk of a violation of the fundamental rights of applicants as set out in the Charter of Fundamental Rights of the EU, including the prohibition on inhuman or degrading treatment (Article 4 of the Charter), at both stages. Such a risk may arise as a result of deficiencies in the asylum systems of the Member States. If these deficiencies are to fall within the scope of Article 4 of the Charter, they must attain a particularly high level of severity, which depends on all the circumstances of the case. An example of attaining this particularly high level of severity is the situation of extreme material poverty. As acts of the EU asylum law do not contain the terms “particularly high level of severity” and “extreme material poverty” and all the more they do not define them, guidelines on how to interpret and apply Article 4 of the Charter in the context of the common European asylum system should be sought in the case law of the Court of Justice of the EU. Therefore, the aim of the article is to explore and attempt to generalise and develop the basis and the criteria indicated * Associate Professor, Hab. in Law, PhD in Law, Head of the Research Centre for Legal and Economic Issues of Contemporary International Migration at the WSB University in Wrocław, Attorney-at-Law Member of the Wrocław Bar Association of Attorneys-at-Law; izabela.wrobel@wsb.wroclaw.pl","PeriodicalId":20823,"journal":{"name":"Recueil des Travaux Chimiques des Pays-Bas","volume":"16 1","pages":"139-161"},"PeriodicalIF":0.0,"publicationDate":"2020-01-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81369075","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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