Pub Date : 2020-08-20DOI: 10.21697/priel.2019.8.2.06
A. Kosińska
The present commentary concerns the claims alleging a violation under Article 5 paragraph 1 (the right to liberty and security of a person) and paragraph 4 (the right to take proceedings to determine the lawfulness of the detention) of the European Convention on Human Rights and Article 8 (the right to respect for private and family life) ECHR by using detention by the Republic of Poland for the period of almost 6 months with regard to a family of third-country nationals. The applicant in the case was a national of Russia, Zita Bistieva and her three minor children. The judgement under discussion is significant from the perspective of strengthening the guarantees for the protection of the rights of irregular migrants in the system of both the Council of Europe and the European Union, on the grounds of the concept of equivalent protection adopted in EU primary law. The ruling in question also refers to the fact that the Member States do not sufficiently resort to alternative measures with regard to the detention of foreign nationals.
{"title":"Case of Bistieva and Others v. Poland","authors":"A. Kosińska","doi":"10.21697/priel.2019.8.2.06","DOIUrl":"https://doi.org/10.21697/priel.2019.8.2.06","url":null,"abstract":"The present commentary concerns the claims alleging a violation under Article 5 paragraph 1 (the right to liberty and security of a person) and paragraph 4 (the right to take proceedings to determine the lawfulness of the detention) of the European Convention on Human Rights and Article 8 (the right to respect for private and family life) ECHR by using detention by the Republic of Poland for the period of almost 6 months with regard to a family of third-country nationals. The applicant in the case was a national of Russia, Zita Bistieva and her three minor children. The judgement under discussion is significant from the perspective of strengthening the guarantees for the protection of the rights of irregular migrants in the system of both the Council of Europe and the European Union, on the grounds of the concept of equivalent protection adopted in EU primary law. The ruling in question also refers to the fact that the Member States do not sufficiently resort to alternative measures with regard to the detention of foreign nationals.","PeriodicalId":269602,"journal":{"name":"Polish Review of International and European Law","volume":"24 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-08-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133040752","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}
Pub Date : 2020-08-20DOI: 10.21697/priel.2019.8.2.05
K. Bicz
The article presents the structure and practical activity of the European Foundation for the Improvement of Living and Working Conditions. The text consists of the following chapters: introduction, institutional structure, activities and objectives of the European Foundation for the Improvement of Living and Working Conditions, the practical activities of the Foundation, social dimension of intra-EU mobility, its impact on public services and a summary. The author also described the issue of “welfare magnet hypothesis”. In general, the article reveals and describes the significance of the institution in the context of the labour law policy operating in the European Union.
{"title":"Analysis of the structure and practical activity of the European Foundation for the Improvement of Living and Working Conditions","authors":"K. Bicz","doi":"10.21697/priel.2019.8.2.05","DOIUrl":"https://doi.org/10.21697/priel.2019.8.2.05","url":null,"abstract":"The article presents the structure and practical activity of the European Foundation for the Improvement of Living and Working Conditions. The text consists of the following chapters: introduction, institutional structure, activities and objectives of the European Foundation for the Improvement of Living and Working Conditions, the practical activities of the Foundation, social dimension of intra-EU mobility, its impact on public services and a summary. The author also described the issue of “welfare magnet hypothesis”. In general, the article reveals and describes the significance of the institution in the context of the labour law policy operating in the European Union.","PeriodicalId":269602,"journal":{"name":"Polish Review of International and European Law","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-08-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114131675","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}
Pub Date : 2020-08-20DOI: 10.21697/priel.2019.8.2.03
Güneş Karol Işıklar
The preparatory stages of the 2002 Athens Convention are helpful in finding answers to some of the questions of interpretation. Within this context, the observations and the decisions of the IMO Legal Committee, as well as the proposals and observations submitted by the delegations participating its sessions during the preparation of the draft text of the 2002 Protocol, might guide one to draw a conclusion. Among these questions exist the manner of application of the provision regarding the liability of the carrier in terms of the contributory fault or neglect of the passenger, or his or hers mental injury, or the possibility of maintenance of personal accident insurance. Additionally, the 1974 Athens Conference might also be regarded as helpful in order to interpret the rules relating to the performing carrier and the situation of the gratuitous carriage in terms of the Convention.
{"title":"Some remarks derived from the preparatory stages of the 1974 Athens Convention and its 2002 protocol","authors":"Güneş Karol Işıklar","doi":"10.21697/priel.2019.8.2.03","DOIUrl":"https://doi.org/10.21697/priel.2019.8.2.03","url":null,"abstract":"The preparatory stages of the 2002 Athens Convention are helpful in finding answers to some of the questions of interpretation. Within this context, the observations and the decisions of the IMO Legal Committee, as well as the proposals and observations submitted by the delegations participating its sessions during the preparation of the draft text of the 2002 Protocol, might guide one to draw a conclusion. Among these questions exist the manner of application of the provision regarding the liability of the carrier in terms of the contributory fault or neglect of the passenger, or his or hers mental injury, or the possibility of maintenance of personal accident insurance. Additionally, the 1974 Athens Conference might also be regarded as helpful in order to interpret the rules relating to the performing carrier and the situation of the gratuitous carriage in terms of the Convention.","PeriodicalId":269602,"journal":{"name":"Polish Review of International and European Law","volume":"27 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-08-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125224585","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}
Pub Date : 2020-08-20DOI: 10.21697/priel.2019.8.1.08
Robert Grzeszczak
{"title":"Monika Adamczak-Retecka, Olga Śniadach: “Climate change and food security – the legal aspects with special focus on European Union”, Wydawnictwo Uniwersytetu Gdańskiego, Gdańsk 2017","authors":"Robert Grzeszczak","doi":"10.21697/priel.2019.8.1.08","DOIUrl":"https://doi.org/10.21697/priel.2019.8.1.08","url":null,"abstract":"","PeriodicalId":269602,"journal":{"name":"Polish Review of International and European Law","volume":"29 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-08-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126883560","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}
Pub Date : 2020-08-17DOI: 10.21697/priel.2018.7.2.05
W. Czapliński
{"title":"Book review: Marcin Kałduński, Zasada dobrej wiary w prawie międzynarodowym [Principle of Good Faith in International Law], Toruń 2017","authors":"W. Czapliński","doi":"10.21697/priel.2018.7.2.05","DOIUrl":"https://doi.org/10.21697/priel.2018.7.2.05","url":null,"abstract":"","PeriodicalId":269602,"journal":{"name":"Polish Review of International and European Law","volume":"146 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-08-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128435711","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}
Pub Date : 2019-08-20DOI: 10.21697/PRIEL.2018.7.1.03
Michał Z. Dankowski
The Catalan Crisis of 2017-2018 has shown significant misunderstandings in the internal legal system of Spain. Many issues of the legal system were differently understood by the central government and by the autonomous authorities in Barcelona. It concerned such as important issues like the institution of referendum, which was interpreted differently by politicians from Madrid and the Constitutional Court and otherwise by those from Barcelona. The genesis of the constitutional crisis itself is rooted in the global economic crisis that began in the second half of the last decade, as it was then that the Catalan nationalist movement radicalized.
{"title":"INFLUENCE OF THE GLOBAL FINANCIAL CRISIS ON THE SEPARATIST ASPIRATIONS OF CATALONIA FROM THE PERSPECTIVE OF SPANISH INTERNAL LAW","authors":"Michał Z. Dankowski","doi":"10.21697/PRIEL.2018.7.1.03","DOIUrl":"https://doi.org/10.21697/PRIEL.2018.7.1.03","url":null,"abstract":"The Catalan Crisis of 2017-2018 has shown significant misunderstandings in the internal legal system of Spain. Many issues of the legal system were differently understood by the central government and by the autonomous authorities in Barcelona. It concerned such as important issues like the institution of referendum, which was interpreted differently by politicians from Madrid and the Constitutional Court and otherwise by those from Barcelona. The genesis of the constitutional crisis itself is rooted in the global economic crisis that began in the second half of the last decade, as it was then that the Catalan nationalist movement radicalized.","PeriodicalId":269602,"journal":{"name":"Polish Review of International and European Law","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-08-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121886256","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}
Pub Date : 2019-08-20DOI: 10.21697/priel.2018.7.1.00
... ...
{"title":"Front matter","authors":"... ...","doi":"10.21697/priel.2018.7.1.00","DOIUrl":"https://doi.org/10.21697/priel.2018.7.1.00","url":null,"abstract":"","PeriodicalId":269602,"journal":{"name":"Polish Review of International and European Law","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-08-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122407248","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}
Pub Date : 2019-08-20DOI: 10.21697/PRIEL.2018.7.1.04
T. Hoffmann
The principal research goal of this paper is to indicate and characterise the legal and institutional instruments that have been implemented in order to mitigate the consequences of the crisis. The main cause of the crisis in the euro area was the all too liberal approach to financial speculation coupled with a loss of control over financial markets on the part of the authorities of particular Member States. The crisis that had initially engulfed the United States spread relatively quickly across Western Europe, affecting the Members States of the EU. The crisis was felt most deeply in countries such as Portugal, Spain, Ireland, Italy, and Greece, whereas the many negative consequences of the excessive debt incurred by these countries affected the entire EU. The hitherto applied fiscal and legal means of counteracting the consequences of the crisis, although appropriate, have failed to yield the anticipated results, leading to mounting political tension between the major contributors amongst EU Member States.
{"title":"POLAND’S MEMBERSHIP IN THE MONETARY UNION IN LIGHT OF SELECTED LEGAL AND INSTITUTIONAL ASPECTS OF THE CRISIS IN THE EURO AREA","authors":"T. Hoffmann","doi":"10.21697/PRIEL.2018.7.1.04","DOIUrl":"https://doi.org/10.21697/PRIEL.2018.7.1.04","url":null,"abstract":"The principal research goal of this paper is to indicate and characterise the legal and institutional instruments that have been implemented in order to mitigate the consequences of the crisis. The main cause of the crisis in the euro area was the all too liberal approach to financial speculation coupled with a loss of control over financial markets on the part of the authorities of particular Member States. The crisis that had initially engulfed the United States spread relatively quickly across Western Europe, affecting the Members States of the EU. The crisis was felt most deeply in countries such as Portugal, Spain, Ireland, Italy, and Greece, whereas the many negative consequences of the excessive debt incurred by these countries affected the entire EU. The hitherto applied fiscal and legal means of counteracting the consequences of the crisis, although appropriate, have failed to yield the anticipated results, leading to mounting political tension between the major contributors amongst EU Member States.","PeriodicalId":269602,"journal":{"name":"Polish Review of International and European Law","volume":"270 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-08-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134190277","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}
Pub Date : 2019-08-20DOI: 10.21697/PRIEL.2018.7.1.02
Katarzyna Strąk
The proposed recast Eurodac Regulation of 2016 extends its previous scope so that both illegally residing third-country nationals and those who have entered the EU irregularly at its external borders could be identified and so that this information could be used by Member States to re-document them for return purposes. In this way Eurodac will, according to the European Commission, contribute to the fight against irregular migration. The proposal is meant to improve the effectiveness of the EU return policy by facilitating the identification of persons illegally on the territory of the EU. After it is adopted, the new Eurodac Regulation may be considered as an example of a flanking instrument of the EU return policy. It should be emphasised that on the one hand the provisions foreseen in the Regulation are highly valuable when it comes to ensuring the effectiveness of the EU return policy. On the other hand, however, it is still unknown what effects it will bring when adopted.
{"title":"EURODAC AS AN INSTRUMENT OF THE EU RETURN POLICY","authors":"Katarzyna Strąk","doi":"10.21697/PRIEL.2018.7.1.02","DOIUrl":"https://doi.org/10.21697/PRIEL.2018.7.1.02","url":null,"abstract":"The proposed recast Eurodac Regulation of 2016 extends its previous scope so that both illegally residing third-country nationals and those who have entered the EU irregularly at its external borders could be identified and so that this information could be used by Member States to re-document them for return purposes. In this way Eurodac will, according to the European Commission, contribute to the fight against irregular migration. The proposal is meant to improve the effectiveness of the EU return policy by facilitating the identification of persons illegally on the territory of the EU. After it is adopted, the new Eurodac Regulation may be considered as an example of a flanking instrument of the EU return policy. It should be emphasised that on the one hand the provisions foreseen in the Regulation are highly valuable when it comes to ensuring the effectiveness of the EU return policy. On the other hand, however, it is still unknown what effects it will bring when adopted.","PeriodicalId":269602,"journal":{"name":"Polish Review of International and European Law","volume":"148 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-08-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134535796","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}
Pub Date : 2019-08-20DOI: 10.21697/PRIEL.2018.7.1.01
S. Stefaniak
After the Global Financial Crisis (GFC) of 2008 the term “financial stability” rose to prominence in financial regulatory circles. The paper employs methodological tools from political economy, discourse analysis and comparative legal analysis to track the trajectory of this rise in the narratives of scholarship on financial law, policy documents and relevant European legislation and finds that the meaning of the term is subject to change and malleable. It is argued that the substance of financial stability can only be deciphered once the broader ideas about the functioning of financial markets and roles of central banks are taken into context. It is then established that these ideas were redefined in the aftermath of the GFC in line with the new macroprudential paradigm, and how they came to inform subsequent policies and legislation in the European Union.
{"title":"DEFINING “FINANCIAL STABILITY”","authors":"S. Stefaniak","doi":"10.21697/PRIEL.2018.7.1.01","DOIUrl":"https://doi.org/10.21697/PRIEL.2018.7.1.01","url":null,"abstract":"After the Global Financial Crisis (GFC) of 2008 the term “financial stability” rose to prominence in financial regulatory circles. The paper employs methodological tools from political economy, discourse analysis and comparative legal analysis to track the trajectory of this rise in the narratives of scholarship on financial law, policy documents and relevant European legislation and finds that the meaning of the term is subject to change and malleable. It is argued that the substance of financial stability can only be deciphered once the broader ideas about the functioning of financial markets and roles of central banks are taken into context. It is then established that these ideas were redefined in the aftermath of the GFC in line with the new macroprudential paradigm, and how they came to inform subsequent policies and legislation in the European Union.","PeriodicalId":269602,"journal":{"name":"Polish Review of International and European Law","volume":"47 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-08-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117205234","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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