Pub Date : 2019-08-20DOI: 10.21697/PRIEL.2018.7.1.05
J. Maliszewska-Nienartowicz, Amanda Witulska
This work presents the European Central Bank’s role in eliminating economic crisis in the European Union. It contains roots and course of the financial slowdown in the eurozone. The Authors show competences of the institution before and its functions during the crisis. Finally, there was made an attempt to evaluate the effectiveness of the ECB monetary policy.
{"title":"ROLE OF THE EUROPEAN CENTRAL BANK IN COMBATING THE FINANCIAL CRISIS IN THE EUROPEAN UNION","authors":"J. Maliszewska-Nienartowicz, Amanda Witulska","doi":"10.21697/PRIEL.2018.7.1.05","DOIUrl":"https://doi.org/10.21697/PRIEL.2018.7.1.05","url":null,"abstract":"This work presents the European Central Bank’s role in eliminating economic crisis in the European Union. It contains roots and course of the financial slowdown in the eurozone. The Authors show competences of the institution before and its functions during the crisis. Finally, there was made an attempt to evaluate the effectiveness of the ECB monetary policy.","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":"116446308","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 : 2018-10-03DOI: 10.21697/PRIEL.2017.6.2.03
Łukasz Kułaga
The 50 th anniversary of the constitution of international space law – 1967 Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies (hereinafter Outer Space Treaty) coincided with enacting legislation regarding the commercial use of the space resources by the United States in November 2015 and preparation of an analogical act on the other side of the Atlantic, in Luxemburg. These domestic initiatives commenced an intensive discussion with regard to its legality, legitimacy and suitability. Until now the debate related to exploitation of the space natural resources was to large extend concentrated on the interpretation of fundamental customary and Outer Space treaty principles and did not take into account new scientific tools, which can significantly contribute to the assessment of the space mining governance. As first such a instrument – this article recognizes current international consultations on the marine genetic resources aimed at creation of new international regime, which can have several important similarities with the space law resources regime. As the second instrument – this article identifies multilateralism-unilateralism dichotomy, which have practical implications for process of finding international framework relating to space mining. The issue of space mining is the subject of discussion on international fora. In particular from March 2017 it started to be discussed by the COPUOS Legal Subcommittee. The outer space technologies constitute a sector of global economy, which is considered as the most prospective one. According to European Commission “The space sector is both a driver to scientific progress and enables systems and services with growth potential (…) These systems and services (…) help us to address major societal challenges such as climate change, scarce resources. health, or the ageing of our population. (…) They stimulate innovation and competitiveness well beyond the space sector, and contribute to economic growth and job creation in almost all economic areas”. This assessment is supported by figures. According to European Space Agency: “In 2015, the global space economy maintained its long-term growth trend, expanding from 14% compared to 2014 and totaling 291.4 billion of euro. Thus, proposing new scientific instruments for international community aiming at evaluation of the space mining will constitute a valuable tool in the search for appropriate model of governance in this regard.The 50 th anniversary of the constitution of internationalspace law – 1967 Treaty on Principles Governing the Activities of Statesin the Exploration and Use of Outer Space, including the Moon andOther Celestial Bodies (hereinafter Outer Space Treaty) coincided withenacting legislation regarding the commercial use of the space resources bythe United States in November 2015 and preparation of an analogical acton the other side of the Atlantic, in
{"title":"Space Mining Governance from the Perspective of International Consultations with regard to Marine Genetic Resources and the Multilateralism-Unilateralism Dichotomy – Preliminary Considerations","authors":"Łukasz Kułaga","doi":"10.21697/PRIEL.2017.6.2.03","DOIUrl":"https://doi.org/10.21697/PRIEL.2017.6.2.03","url":null,"abstract":"The 50 th anniversary of the constitution of international space law – 1967 Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies (hereinafter Outer Space Treaty) coincided with enacting legislation regarding the commercial use of the space resources by the United States in November 2015 and preparation of an analogical act on the other side of the Atlantic, in Luxemburg. These domestic initiatives commenced an intensive discussion with regard to its legality, legitimacy and suitability. Until now the debate related to exploitation of the space natural resources was to large extend concentrated on the interpretation of fundamental customary and Outer Space treaty principles and did not take into account new scientific tools, which can significantly contribute to the assessment of the space mining governance. As first such a instrument – this article recognizes current international consultations on the marine genetic resources aimed at creation of new international regime, which can have several important similarities with the space law resources regime. As the second instrument – this article identifies multilateralism-unilateralism dichotomy, which have practical implications for process of finding international framework relating to space mining. The issue of space mining is the subject of discussion on international fora. In particular from March 2017 it started to be discussed by the COPUOS Legal Subcommittee. The outer space technologies constitute a sector of global economy, which is considered as the most prospective one. According to European Commission “The space sector is both a driver to scientific progress and enables systems and services with growth potential (…) These systems and services (…) help us to address major societal challenges such as climate change, scarce resources. health, or the ageing of our population. (…) They stimulate innovation and competitiveness well beyond the space sector, and contribute to economic growth and job creation in almost all economic areas”. This assessment is supported by figures. According to European Space Agency: “In 2015, the global space economy maintained its long-term growth trend, expanding from 14% compared to 2014 and totaling 291.4 billion of euro. Thus, proposing new scientific instruments for international community aiming at evaluation of the space mining will constitute a valuable tool in the search for appropriate model of governance in this regard.The 50 th anniversary of the constitution of internationalspace law – 1967 Treaty on Principles Governing the Activities of Statesin the Exploration and Use of Outer Space, including the Moon andOther Celestial Bodies (hereinafter Outer Space Treaty) coincided withenacting legislation regarding the commercial use of the space resources bythe United States in November 2015 and preparation of an analogical acton the other side of the Atlantic, in ","PeriodicalId":269602,"journal":{"name":"Polish Review of International and European Law","volume":"46 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-10-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134510421","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 : 2018-10-03DOI: 10.21697/PRIEL.2017.6.2.04
Łukasz Stępkowski
The present work explores the Court of Justice’s decision in C-526/14 Tadej Kotnik and Others, along with its background, elements that led to it and subsequent developments in EU law. The author comments on the Court’s reasoning to discover whether the case was decided meritoriously or per incuriam.
{"title":"Judgment of the Court of Justice in C-526/14 Tadej Kotnik and Others v. Državni zbor Republike Slovenije and permissibility of granting State aid to financial institutions","authors":"Łukasz Stępkowski","doi":"10.21697/PRIEL.2017.6.2.04","DOIUrl":"https://doi.org/10.21697/PRIEL.2017.6.2.04","url":null,"abstract":"The present work explores the Court of Justice’s decision in C-526/14 Tadej Kotnik and Others, along with its background, elements that led to it and subsequent developments in EU law. The author comments on the Court’s reasoning to discover whether the case was decided meritoriously or per incuriam.","PeriodicalId":269602,"journal":{"name":"Polish Review of International and European Law","volume":"172 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-10-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123661067","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 : 2018-10-03DOI: 10.21697/PRIEL.2017.6.2.01
Elżbieta Morawska
The purpose of this article is to conduct a critical analysis of the premises of protection of an alien elaborated by the ECHR against arbitrary and ECHR-incompatible expulsion from the territory of the State Party to the ECHR. The scope of the institutionalization of the individual’s right of asylum in international human rights law was first discussed so as to provide the background of this prohibition. Subsequently, the article presents the process of an inclusion of the issue of expulsion of aliens to the scope of the prohibition of ill-treatment. Thanks to this extensive interpretation of the prohibition of ill-treatment, the ECtHR has developed a particular mechanism of protecting aliens from expulsion, both in the material and procedural dimension. As a result, protection against expulsion under Article 3 of the Convention is outlined more broadly than protection under the 1951 Geneva Convention relating to the Status of Refugees.
{"title":"Protection against Expulsion in the Law of European Convention on Human Rights","authors":"Elżbieta Morawska","doi":"10.21697/PRIEL.2017.6.2.01","DOIUrl":"https://doi.org/10.21697/PRIEL.2017.6.2.01","url":null,"abstract":"The purpose of this article is to conduct a critical analysis of the premises of protection of an alien elaborated by the ECHR against arbitrary and ECHR-incompatible expulsion from the territory of the State Party to the ECHR. The scope of the institutionalization of the individual’s right of asylum in international human rights law was first discussed so as to provide the background of this prohibition. Subsequently, the article presents the process of an inclusion of the issue of expulsion of aliens to the scope of the prohibition of ill-treatment. Thanks to this extensive interpretation of the prohibition of ill-treatment, the ECtHR has developed a particular mechanism of protecting aliens from expulsion, both in the material and procedural dimension. As a result, protection against expulsion under Article 3 of the Convention is outlined more broadly than protection under the 1951 Geneva Convention relating to the Status of Refugees.","PeriodicalId":269602,"journal":{"name":"Polish Review of International and European Law","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-10-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122157231","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 : 2018-10-03DOI: 10.21697/PRIEL.2017.6.2.02
Marek Jaśkowski
In light of the transfer of the non-negligible extent of administrative competences from member states to the EU it is important not to deprive the interested individuals of legal guarantees, originally enjoyed by them under the national law of administrative procedure. Therefore, formal qualification of an act at the EU level should not result in diminishing individual procedural protection. With this assumption in mind the present contribution is intended to construe a notion of an administrative act of the European Union on the basis of national law conceptions of administrative acts. Subsequently, the article presents an analysis of various categories of EU acts in light of a uniform notion of the individual administrative act as an attempt to standardize the structures, procedures and methodologies employed in different domains of EU competence.
{"title":"Administrative Acts of the European Union","authors":"Marek Jaśkowski","doi":"10.21697/PRIEL.2017.6.2.02","DOIUrl":"https://doi.org/10.21697/PRIEL.2017.6.2.02","url":null,"abstract":"In light of the transfer of the non-negligible extent of administrative competences from member states to the EU it is important not to deprive the interested individuals of legal guarantees, originally enjoyed by them under the national law of administrative procedure. Therefore, formal qualification of an act at the EU level should not result in diminishing individual procedural protection. With this assumption in mind the present contribution is intended to construe a notion of an administrative act of the European Union on the basis of national law conceptions of administrative acts. Subsequently, the article presents an analysis of various categories of EU acts in light of a uniform notion of the individual administrative act as an attempt to standardize the structures, procedures and methodologies employed in different domains of EU competence.","PeriodicalId":269602,"journal":{"name":"Polish Review of International and European Law","volume":"48 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-10-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124706200","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 : 2018-09-04DOI: 10.21697/PRIEL.2017.6.1.01
M. Zieliński
The article examines headquarters agreements concluded by European Agencies (EA) with EU host Member States. This sort of agreement is increasingly visible in practice, as it regulates the status of EAs present within a host state territory. After presenting a list of existing headquarters agreements and describing their content, the article analyses the legal bases for their conclusion. Finally, the legal character of EU agencies’ headquarters agreements, and the position occupied by them within the sources of EU law, are explained. The author considers three possible options regarding the legal nature of the agreements: treaties, administrative agreements and public law contracts. The final conclusion is that EA headquarters agreements are international treaties concluded by EAs in the name of the EU with host Member States.
{"title":"European Agencies’ Headquarters Agreements","authors":"M. Zieliński","doi":"10.21697/PRIEL.2017.6.1.01","DOIUrl":"https://doi.org/10.21697/PRIEL.2017.6.1.01","url":null,"abstract":"The article examines headquarters agreements concluded by European Agencies (EA) with EU host Member States. This sort of agreement is increasingly visible in practice, as it regulates the status of EAs present within a host state territory. After presenting a list of existing headquarters agreements and describing their content, the article analyses the legal bases for their conclusion. Finally, the legal character of EU agencies’ headquarters agreements, and the position occupied by them within the sources of EU law, are explained. The author considers three possible options regarding the legal nature of the agreements: treaties, administrative agreements and public law contracts. The final conclusion is that EA headquarters agreements are international treaties concluded by EAs in the name of the EU with host Member States.","PeriodicalId":269602,"journal":{"name":"Polish Review of International and European Law","volume":"37 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-09-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133971770","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 : 2018-09-04DOI: 10.21697/PRIEL.2017.6.1.03
Szymon Mazurkiewicz
The aim of this paper is to analyze whether it is possible for a judge to possess the right to conscientious objection. Firstly, the author provides some conceptual remarks along with distinguishing conscientious objection from other situations concerning conflict between law and morality that involve judges. Next, cultural exemptions/religious accommodations theory is introduced as a conceptual basis for further analysis. W. Ciszewski’s multidimensional view on exemption theory is applied here. It distinguishes three levels of discussion: the general legitimatization of accommodations, secondly, the justification of a concrete exemption and thirdly the scope, process of application and exclusions of the specific exemption. This paper involves the second level and some issues from the third. Five premises given by W. Ciszewski are considered: (1) significance of a goal realized by regulation, (2) formal amenability of a duty to exclusion, (3) significance of one’s world view being in conflict with duty, (4) prohibition of the unjustified privileging of a group and (5) size of a group that may obtain an exemption. The last part involves the problem of applying a conscience clause. In the paper the author analyzes whether the regulation of judicial disqualification, especially judicial recusal, can be regarded as a legal basis for taking advantage of conscientious objection. The author also considers the boundaries of the clause of conscience with special emphasize on the individual’s right to a fair trial.
{"title":"Judge as Conscientious Objector – Analysis Based on Cultural Exemptions Theory and U.S. Law","authors":"Szymon Mazurkiewicz","doi":"10.21697/PRIEL.2017.6.1.03","DOIUrl":"https://doi.org/10.21697/PRIEL.2017.6.1.03","url":null,"abstract":"The aim of this paper is to analyze whether it is possible for a judge to possess the right to conscientious objection. Firstly, the author provides some conceptual remarks along with distinguishing conscientious objection from other situations concerning conflict between law and morality that involve judges. Next, cultural exemptions/religious accommodations theory is introduced as a conceptual basis for further analysis. W. Ciszewski’s multidimensional view on exemption theory is applied here. It distinguishes three levels of discussion: the general legitimatization of accommodations, secondly, the justification of a concrete exemption and thirdly the scope, process of application and exclusions of the specific exemption. This paper involves the second level and some issues from the third. Five premises given by W. Ciszewski are considered: (1) significance of a goal realized by regulation, (2) formal amenability of a duty to exclusion, (3) significance of one’s world view being in conflict with duty, (4) prohibition of the unjustified privileging of a group and (5) size of a group that may obtain an exemption. The last part involves the problem of applying a conscience clause. In the paper the author analyzes whether the regulation of judicial disqualification, especially judicial recusal, can be regarded as a legal basis for taking advantage of conscientious objection. The author also considers the boundaries of the clause of conscience with special emphasize on the individual’s right to a fair trial.","PeriodicalId":269602,"journal":{"name":"Polish Review of International and European Law","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-09-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127984098","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 : 2018-09-04DOI: 10.21697/PRIEL.2017.6.1.04
A. Maziarz
The case deals with the problem of the division of powers as well as state aid law in relation to the issue of compensation schemes for the termination of long-term contracts in the electricity sector. Moreover, the case faces the problem of interpretation of the scope of the adjustment of state aid.
{"title":"Case comment: Judgment of the Court of 15 September 2016 PGE Górnictwo i Energetyka Konwencjonalna SA v Energy Regulatory Office","authors":"A. Maziarz","doi":"10.21697/PRIEL.2017.6.1.04","DOIUrl":"https://doi.org/10.21697/PRIEL.2017.6.1.04","url":null,"abstract":"The case deals with the problem of the division of powers as well as state aid law in relation to the issue of compensation schemes for the termination of long-term contracts in the electricity sector. Moreover, the case faces the problem of interpretation of the scope of the adjustment of state aid.","PeriodicalId":269602,"journal":{"name":"Polish Review of International and European Law","volume":"253 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-09-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133848124","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 : 2018-09-04DOI: 10.21697/priel.2017.6.1.02
T. Jasudowicz
The article presents a detailed discussion of the derogation of commitments and the limitation of the use of human rights in the European Social Charter system. Some situations in which social rights can be subject to limitations have been discussed in specific examples. In addition, the article contains numerous references to jurisprudence along with the comments and comments of the author who takes up the polemic.
{"title":"Limits of Enjoyment of Human Rights in the System of the European Social Charter","authors":"T. Jasudowicz","doi":"10.21697/priel.2017.6.1.02","DOIUrl":"https://doi.org/10.21697/priel.2017.6.1.02","url":null,"abstract":"The article presents a detailed discussion of the derogation of commitments and the limitation of the use of human rights in the European Social Charter system. Some situations in which social rights can be subject to limitations have been discussed in specific examples. In addition, the article contains numerous references to jurisprudence along with the comments and comments of the author who takes up the polemic.","PeriodicalId":269602,"journal":{"name":"Polish Review of International and European Law","volume":"2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-09-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121744177","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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