Pub Date : 2023-09-29DOI: 10.17951/sil.2023.32.3.279-303
Marian Zdyb
The article concerns an issue of great significance from the point of view of contemporary challenges. The primary objective is to identify problems and legal instruments which are of fundamental importance in the perspective of the central bank’s tasks concerning the protection of the value of money and the maintenance of a stable price level, as defined in the Act on the National Bank of Poland (the NBP) and in Article 227 (1) of the Polish Constitution. In this context, it is important to understand the problem of the value of money in general and to give due consideration to the legal status of the NBP in the context of building monetary order and the legal possibilities of its operation in this area. Undoubtedly, an important attribute of the NBP is its legally guaranteed independence from all state authorities and the formulation of its basic forms of action within the framework of the legal system. Fundamental to the problem identified in the title of this article is undoubtedly an understanding of the basic legal instruments used by the NBP to protect the value of money. These include in particular: the determination and implementation of monetary policy, the prevention of excessive inflation and the increase in the prices of goods and services, as well as the use of interest rates in the process of stabilizing the value of money and price formation. The question of issuing money, especially when we are dealing with money overprinting, becomes a separate problem. In conclusion, it should be stated that concern for monetary order is an essential element in building the foundations of economic, financial, social and legal order in the state. The work uses primarily the dogmatic method and, to a lesser extent, other methods as well.
{"title":"The Legal Position of the National Bank of Poland as a Guardian of the Value of Money in the Light of Normative Determinants of Monetary Order","authors":"Marian Zdyb","doi":"10.17951/sil.2023.32.3.279-303","DOIUrl":"https://doi.org/10.17951/sil.2023.32.3.279-303","url":null,"abstract":"The article concerns an issue of great significance from the point of view of contemporary challenges. The primary objective is to identify problems and legal instruments which are of fundamental importance in the perspective of the central bank’s tasks concerning the protection of the value of money and the maintenance of a stable price level, as defined in the Act on the National Bank of Poland (the NBP) and in Article 227 (1) of the Polish Constitution. In this context, it is important to understand the problem of the value of money in general and to give due consideration to the legal status of the NBP in the context of building monetary order and the legal possibilities of its operation in this area. Undoubtedly, an important attribute of the NBP is its legally guaranteed independence from all state authorities and the formulation of its basic forms of action within the framework of the legal system. Fundamental to the problem identified in the title of this article is undoubtedly an understanding of the basic legal instruments used by the NBP to protect the value of money. These include in particular: the determination and implementation of monetary policy, the prevention of excessive inflation and the increase in the prices of goods and services, as well as the use of interest rates in the process of stabilizing the value of money and price formation. The question of issuing money, especially when we are dealing with money overprinting, becomes a separate problem. In conclusion, it should be stated that concern for monetary order is an essential element in building the foundations of economic, financial, social and legal order in the state. The work uses primarily the dogmatic method and, to a lesser extent, other methods as well.","PeriodicalId":36157,"journal":{"name":"Studia Iuridica Lublinensia","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-09-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135295616","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 : 2023-09-29DOI: 10.17951/sil.2023.32.3.125-146
Dorota Wilkowska-Kołakowska
Correct spatial structure of agricultural land is one of the key conditions of efficient farming and enables the use of advanced farming technologies. In Poland, land consolidation is regulated by the Land Consolidation and Exchange Act of 1982 and is intended to improve the spatial structure of farmland. Land valuation is a key part of this, as it determines the compensation that is offered to stakeholders whose lands are diminished in land consolidation. However, in Poland, various land valuation methods are used. The article examines relevant documents obtained from all county offices (starosties) involved in consolidations in 2017–2020, such as minutes of meetings of land consolidation participants and their resolutions on adopting land valuation principles. The analysis reveals that the current land valuation methods in the consolidation process do not ensure the achievement of the main aim of land consolidation, which is to provide better conditions for farming by way of improving the spatial structure of farmland. This is primarily because the land valuation methods employed value land below current market prices. Based on this finding, some legal amendments are proposed related to land valuation that are more suited to the needs of the land consolidation process. The desirable modifications include, among other things, rejecting the decisive role of public bodies to the benefit of professional valuation done by registered property appraisers. In this regard, two variants of amendments to Article 11 of the Land Consolidation and Exchange Act are proposed.
{"title":"Land Valuation Methods in Land Consolidation Proceedings vs. Implementation of the Purpose of Land Consolidation as Specified in the Land Consolidation and Exchange Act of 1982 in Rural Poland","authors":"Dorota Wilkowska-Kołakowska","doi":"10.17951/sil.2023.32.3.125-146","DOIUrl":"https://doi.org/10.17951/sil.2023.32.3.125-146","url":null,"abstract":"Correct spatial structure of agricultural land is one of the key conditions of efficient farming and enables the use of advanced farming technologies. In Poland, land consolidation is regulated by the Land Consolidation and Exchange Act of 1982 and is intended to improve the spatial structure of farmland. Land valuation is a key part of this, as it determines the compensation that is offered to stakeholders whose lands are diminished in land consolidation. However, in Poland, various land valuation methods are used. The article examines relevant documents obtained from all county offices (starosties) involved in consolidations in 2017–2020, such as minutes of meetings of land consolidation participants and their resolutions on adopting land valuation principles. The analysis reveals that the current land valuation methods in the consolidation process do not ensure the achievement of the main aim of land consolidation, which is to provide better conditions for farming by way of improving the spatial structure of farmland. This is primarily because the land valuation methods employed value land below current market prices. Based on this finding, some legal amendments are proposed related to land valuation that are more suited to the needs of the land consolidation process. The desirable modifications include, among other things, rejecting the decisive role of public bodies to the benefit of professional valuation done by registered property appraisers. In this regard, two variants of amendments to Article 11 of the Land Consolidation and Exchange Act are proposed.","PeriodicalId":36157,"journal":{"name":"Studia Iuridica Lublinensia","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-09-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135295621","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 : 2023-09-29DOI: 10.17951/sil.2023.32.3.111-124
Małgorzata Łuszczyńska
The article is to point out the complexity of the idea of peace, which, once formed in the medieval era, has been the foundation of many contemporary institutions in the field of social life in a broad sense. The concept of peace, consisting of a number of issues, is central to the discussion herein. The full presentation of the idea of pax requires a reference to the social nature of man and to the relationship of the individual with the social group within which that individual lives. The issue of peace is also coupled with the idea of the common good. It is impossible to characterize the idea of bonum commune without a reference to the question of ordo and the essence of justice. The author proposes a thesis that the medievalist concept of pax combines political, legal, and moral reflection. It develops independently of the theory of wars. Particular attention should be paid to the idea of peace in the thought of Marsilius of Padua, who, drawing on Aristotle’s achievements and the ideas developed in the Middle Ages, devised an original concept of peace.
{"title":"The Medievalist Approach to the Idea of Peace Based on the Example of the Doctrine of Marsilius of Padua","authors":"Małgorzata Łuszczyńska","doi":"10.17951/sil.2023.32.3.111-124","DOIUrl":"https://doi.org/10.17951/sil.2023.32.3.111-124","url":null,"abstract":"The article is to point out the complexity of the idea of peace, which, once formed in the medieval era, has been the foundation of many contemporary institutions in the field of social life in a broad sense. The concept of peace, consisting of a number of issues, is central to the discussion herein. The full presentation of the idea of pax requires a reference to the social nature of man and to the relationship of the individual with the social group within which that individual lives. The issue of peace is also coupled with the idea of the common good. It is impossible to characterize the idea of bonum commune without a reference to the question of ordo and the essence of justice. The author proposes a thesis that the medievalist concept of pax combines political, legal, and moral reflection. It develops independently of the theory of wars. Particular attention should be paid to the idea of peace in the thought of Marsilius of Padua, who, drawing on Aristotle’s achievements and the ideas developed in the Middle Ages, devised an original concept of peace.","PeriodicalId":36157,"journal":{"name":"Studia Iuridica Lublinensia","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-09-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135295622","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 : 2023-09-29DOI: 10.17951/sil.2023.32.3.75-88
Teresa Gardocka, Dariusz Jagiełło, Klaus Bachmann
The authors discuss the legal aspects (with specific attention to the criminal law aspects) of legal acts of remembrance in selected countries, related to the collective memory of Poles. In particular, the following issues are analysed: the effectiveness of legal interference in collective memory; the judicial practice (civil and criminal judgments) concerning the remembrance of the Holocaust in Poland; the relation of the protection of the reputation of a State (e.g., Poland), a Nation or certain individuals to the freedom of scientific research guaranteed by the international and constitutional law and international aspect of criminal responsibility in case of the crime committed abroad (double criminality). The way the law concerning national memory is applied in practice in the Polish legal order is subject to detailed analysis. Investigating the legal proceedings concerned with memory indicates that applying these laws constitutes a limitation of constitutionally guaranteed freedom of scientific investigation.
{"title":"Transnational Aspects of Punitive Memory Laws Evidence from Germany, Poland, and Israel","authors":"Teresa Gardocka, Dariusz Jagiełło, Klaus Bachmann","doi":"10.17951/sil.2023.32.3.75-88","DOIUrl":"https://doi.org/10.17951/sil.2023.32.3.75-88","url":null,"abstract":"The authors discuss the legal aspects (with specific attention to the criminal law aspects) of legal acts of remembrance in selected countries, related to the collective memory of Poles. In particular, the following issues are analysed: the effectiveness of legal interference in collective memory; the judicial practice (civil and criminal judgments) concerning the remembrance of the Holocaust in Poland; the relation of the protection of the reputation of a State (e.g., Poland), a Nation or certain individuals to the freedom of scientific research guaranteed by the international and constitutional law and international aspect of criminal responsibility in case of the crime committed abroad (double criminality). The way the law concerning national memory is applied in practice in the Polish legal order is subject to detailed analysis. Investigating the legal proceedings concerned with memory indicates that applying these laws constitutes a limitation of constitutionally guaranteed freedom of scientific investigation.","PeriodicalId":36157,"journal":{"name":"Studia Iuridica Lublinensia","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-09-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135295625","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 : 2023-09-29DOI: 10.17951/sil.2023.32.3.89-109
Anna Kalisz, Alina Serhieieva
Ukraine has become a candidate country for the European Union membership, which brings challenges, including those of a legal nature. One of such challenges is the regulation of the institution of mediation, which is a subject of interest to European institutions (both within the Council of Europe and the European Union) that actively promote methods of alternative dispute resolution (ADR methods). The aim of the article is to compare the current development of mediation in Poland and Ukraine, as well as to determine to what extent there are similarities in successes and challenges and to what extent the Polish experience could be helpful for the development of mediation in Ukraine. The essence of the problem is whether Ukraine shall follow Polish solutions in this area.
{"title":"The Development of Mediation in Poland and Ukraine: A Comparison and Prospects for Experience Exchange","authors":"Anna Kalisz, Alina Serhieieva","doi":"10.17951/sil.2023.32.3.89-109","DOIUrl":"https://doi.org/10.17951/sil.2023.32.3.89-109","url":null,"abstract":"Ukraine has become a candidate country for the European Union membership, which brings challenges, including those of a legal nature. One of such challenges is the regulation of the institution of mediation, which is a subject of interest to European institutions (both within the Council of Europe and the European Union) that actively promote methods of alternative dispute resolution (ADR methods). The aim of the article is to compare the current development of mediation in Poland and Ukraine, as well as to determine to what extent there are similarities in successes and challenges and to what extent the Polish experience could be helpful for the development of mediation in Ukraine. The essence of the problem is whether Ukraine shall follow Polish solutions in this area.","PeriodicalId":36157,"journal":{"name":"Studia Iuridica Lublinensia","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-09-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135295627","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 : 2023-09-29DOI: 10.17951/sil.2023.32.3.185-199
Urszula Soler, Monika Adamczyk
The SARS-CoV-2 coronavirus pandemic brought to light certain deficiencies in the social security infrastructure which should guarantee social security for all Polish citizens while ensuring, in particular, the possibility of exercising the right to health protection and social services for functionally disabled people. The pandemic became a “detonator” revealing, both in the scientific and public discourses, problems connected with the effective exercise of the rights to social security and health protection vested in elderly people, including those with functional disabilities. The article notably focuses on two areas of social life in which compliance with fundamental rights related to the dignity of a human being is linked to the respect and observance of rights related to the functioning of a specific age group – people over 60 years of age. The pace of demographic changes is not without impact on the quality of life of elderly people. The article attempts at outlining the problems triggered by the demographic changes taking place in Polish society and at indicating the legal context, often related to the specific needs of senior citizens, or, more accurately, to the failure to satisfy these needs. The purpose is to shed light on the social dimension of respecting elderly people’s rights to social support in the form of providing access to social security and health care institutions during the COVID-19 pandemic. The questions asked are: Are elderly people’s rights to social security and adequate health protection respected in Poland? Did the outbreak of the COVID-19 pandemic improve or worsen the situation in Poland in this regard?
{"title":"The COVID-19 Pandemic and Elderly People’s Rights to Social Security and Health Protection","authors":"Urszula Soler, Monika Adamczyk","doi":"10.17951/sil.2023.32.3.185-199","DOIUrl":"https://doi.org/10.17951/sil.2023.32.3.185-199","url":null,"abstract":"The SARS-CoV-2 coronavirus pandemic brought to light certain deficiencies in the social security infrastructure which should guarantee social security for all Polish citizens while ensuring, in particular, the possibility of exercising the right to health protection and social services for functionally disabled people. The pandemic became a “detonator” revealing, both in the scientific and public discourses, problems connected with the effective exercise of the rights to social security and health protection vested in elderly people, including those with functional disabilities. The article notably focuses on two areas of social life in which compliance with fundamental rights related to the dignity of a human being is linked to the respect and observance of rights related to the functioning of a specific age group – people over 60 years of age. The pace of demographic changes is not without impact on the quality of life of elderly people. The article attempts at outlining the problems triggered by the demographic changes taking place in Polish society and at indicating the legal context, often related to the specific needs of senior citizens, or, more accurately, to the failure to satisfy these needs. The purpose is to shed light on the social dimension of respecting elderly people’s rights to social support in the form of providing access to social security and health care institutions during the COVID-19 pandemic. The questions asked are: Are elderly people’s rights to social security and adequate health protection respected in Poland? Did the outbreak of the COVID-19 pandemic improve or worsen the situation in Poland in this regard?","PeriodicalId":36157,"journal":{"name":"Studia Iuridica Lublinensia","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-09-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135295757","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 : 2023-09-29DOI: 10.17951/sil.2023.32.3.253-277
Ikechukwu P. Ugwu
The aim of the article is to examine the theories that underpin the ownership and management of oil rights in Nigeria and the need for a new ownership model. The economy of Nigeria is majorly supported by revenues from natural resources, especially crude oil. With the downturn in the country’s economy, the Nigerian Federal Government recently embarked on a series of crude oil discoveries to increase revenue despite the unresolved violations of human rights of the indigenous peoples and environmental abuses committed during oil exploration in the Niger Delta region of the country. The Nigerian government finds justification for this uncontrolled exploration of natural resources in the doctrine of discovery and the rule of capture. The author argues that basing the right of the Nigerian Federal Government to explore natural resources on the two doctrines has negative implications on the rights of indigenous peoples in Nigeria and environmental protection, and is a continuation of the philosophies behind colonialism. Therefore, the article examines the doctrine of discovery, the rule of capture, the colonial philosophies of property rights, and the legal regime regarding ownership of natural resources in Nigeria. It suggests a hybrid ownership model where ownership is shared between indigenous groups and the government.
{"title":"The Doctrine of Discovery and Rule of Capture: Re-Examining the Ownership and Management of Oil Rights of Nigeria’s Indigenous Peoples","authors":"Ikechukwu P. Ugwu","doi":"10.17951/sil.2023.32.3.253-277","DOIUrl":"https://doi.org/10.17951/sil.2023.32.3.253-277","url":null,"abstract":"The aim of the article is to examine the theories that underpin the ownership and management of oil rights in Nigeria and the need for a new ownership model. The economy of Nigeria is majorly supported by revenues from natural resources, especially crude oil. With the downturn in the country’s economy, the Nigerian Federal Government recently embarked on a series of crude oil discoveries to increase revenue despite the unresolved violations of human rights of the indigenous peoples and environmental abuses committed during oil exploration in the Niger Delta region of the country. The Nigerian government finds justification for this uncontrolled exploration of natural resources in the doctrine of discovery and the rule of capture. The author argues that basing the right of the Nigerian Federal Government to explore natural resources on the two doctrines has negative implications on the rights of indigenous peoples in Nigeria and environmental protection, and is a continuation of the philosophies behind colonialism. Therefore, the article examines the doctrine of discovery, the rule of capture, the colonial philosophies of property rights, and the legal regime regarding ownership of natural resources in Nigeria. It suggests a hybrid ownership model where ownership is shared between indigenous groups and the government.","PeriodicalId":36157,"journal":{"name":"Studia Iuridica Lublinensia","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-09-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135295623","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 : 2023-09-29DOI: 10.17951/sil.2023.32.3.63-74
Dušan Štrus, Boštjan Brezovnik
The scientific article discusses bicameralism in Slovenia using a three-dimensional approach. The main objective is to identify whether Slovenian bicameralism is weak or strong, using the criteria of symmetry, congruence, and perceived legitimacy. To achieve this, the authors use the descriptive and analytical method. In their opinion, Slovenian bicameralism has always been categorized as weak based only on its formal powers in the legislative procedure. Therefore, all proposed changes related to the National Council aim to change its formal powers without taking into account the congruence and perceived legitimacy criteria. The authors provide a unique insight into the other two criteria and suggest that calls for reform of the National Council should primarily deal with the congruence and perceived legitimacy criteria. The novelty of the research lies in the fact that no scientific papers have dealt with bicameralism in Slovenia using a three-dimensional approach. The authors believe that the article has cognitive value in times of constant calls for reform of the National Council.
{"title":"Bicameralism in Slovenia throughout a Three-Dimensional Approach","authors":"Dušan Štrus, Boštjan Brezovnik","doi":"10.17951/sil.2023.32.3.63-74","DOIUrl":"https://doi.org/10.17951/sil.2023.32.3.63-74","url":null,"abstract":"The scientific article discusses bicameralism in Slovenia using a three-dimensional approach. The main objective is to identify whether Slovenian bicameralism is weak or strong, using the criteria of symmetry, congruence, and perceived legitimacy. To achieve this, the authors use the descriptive and analytical method. In their opinion, Slovenian bicameralism has always been categorized as weak based only on its formal powers in the legislative procedure. Therefore, all proposed changes related to the National Council aim to change its formal powers without taking into account the congruence and perceived legitimacy criteria. The authors provide a unique insight into the other two criteria and suggest that calls for reform of the National Council should primarily deal with the congruence and perceived legitimacy criteria. The novelty of the research lies in the fact that no scientific papers have dealt with bicameralism in Slovenia using a three-dimensional approach. The authors believe that the article has cognitive value in times of constant calls for reform of the National Council.","PeriodicalId":36157,"journal":{"name":"Studia Iuridica Lublinensia","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-09-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135295624","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 : 2023-09-29DOI: 10.17951/sil.2023.32.3.219-236
Krzysztof Teszner
The provisions of the Act on promoting electricity generation in offshore wind farms have been in force since 18 February 2021. They are intended to simplify administrative procedures for obtaining permits and approvals for the implementation of offshore projects and to contribute to the fulfillment of Poland’s international obligations to maintain and increase the mandatory share of renewable energy sources. The Act also amended the Energy Law, which introduced provisions regulating the new license fee. Calculation and payment of this levy to the Energy Regulatory Office is mandatory for companies in the energy sector that conduct business operations involving production of electricity in offshore wind farms. In the author’s opinion, these entities are payers of a new tax, paradoxically referred to as fee, which, contrary to the original assumptions, was not introduced due to extra-legal factors. The article analyzes the legal regulations that introduce taxation of offshore wind farms in Poland against the background of controversial normative solutions concerning the property tax imposed on onshore wind power plants.
{"title":"Legal Aspects of Taxation of Offshore Wind Farms in Poland","authors":"Krzysztof Teszner","doi":"10.17951/sil.2023.32.3.219-236","DOIUrl":"https://doi.org/10.17951/sil.2023.32.3.219-236","url":null,"abstract":"The provisions of the Act on promoting electricity generation in offshore wind farms have been in force since 18 February 2021. They are intended to simplify administrative procedures for obtaining permits and approvals for the implementation of offshore projects and to contribute to the fulfillment of Poland’s international obligations to maintain and increase the mandatory share of renewable energy sources. The Act also amended the Energy Law, which introduced provisions regulating the new license fee. Calculation and payment of this levy to the Energy Regulatory Office is mandatory for companies in the energy sector that conduct business operations involving production of electricity in offshore wind farms. In the author’s opinion, these entities are payers of a new tax, paradoxically referred to as fee, which, contrary to the original assumptions, was not introduced due to extra-legal factors. The article analyzes the legal regulations that introduce taxation of offshore wind farms in Poland against the background of controversial normative solutions concerning the property tax imposed on onshore wind power plants.","PeriodicalId":36157,"journal":{"name":"Studia Iuridica Lublinensia","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-09-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135295630","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 : 2023-09-29DOI: 10.17951/sil.2023.32.3.237-252
Krzysztof Orzeszyna
The article concerns the convergence of international humanitarian law and international human rights law in armed conflicts. International humanitarian law and human rights law converge and permeate each other because both these disciplines of public international law are founded on natural law. Although international humanitarian law constitutes a lex specialis, the general rules on the interpretation of treaties clearly indicate that international human rights law must be interpreted in the context of other rules of international law, and its derogations, if any, must be compatible with other international obligations of the state, including with humanitarian law. Where a conflict arises between international humanitarian law and international human rights law, the mechanism for resolving conflicts between norms has been supplemented by the International Court of Justice by applying an interpretation based on the principle of systemic integration, resulting in the “humanization” of international humanitarian law. As regards the application of universal and regional instruments of international human rights law, we face a “humanization” of them. That is why more and more attention is paid in practice to the complementarity of international humanitarian law and international human rights law, and this is confirmed in United Nations discussions and resolutions on the situation in armed conflicts.
{"title":"Convergence of International Humanitarian Law and International Human Rights Law in Armed Conflicts","authors":"Krzysztof Orzeszyna","doi":"10.17951/sil.2023.32.3.237-252","DOIUrl":"https://doi.org/10.17951/sil.2023.32.3.237-252","url":null,"abstract":"The article concerns the convergence of international humanitarian law and international human rights law in armed conflicts. International humanitarian law and human rights law converge and permeate each other because both these disciplines of public international law are founded on natural law. Although international humanitarian law constitutes a lex specialis, the general rules on the interpretation of treaties clearly indicate that international human rights law must be interpreted in the context of other rules of international law, and its derogations, if any, must be compatible with other international obligations of the state, including with humanitarian law. Where a conflict arises between international humanitarian law and international human rights law, the mechanism for resolving conflicts between norms has been supplemented by the International Court of Justice by applying an interpretation based on the principle of systemic integration, resulting in the “humanization” of international humanitarian law. As regards the application of universal and regional instruments of international human rights law, we face a “humanization” of them. That is why more and more attention is paid in practice to the complementarity of international humanitarian law and international human rights law, and this is confirmed in United Nations discussions and resolutions on the situation in armed conflicts.","PeriodicalId":36157,"journal":{"name":"Studia Iuridica Lublinensia","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-09-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135295618","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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