Pub Date : 2023-06-27DOI: 10.17951/sil.2023.32.2.225-247
Michal Radvan
In the last three years, the whole world has been struck by several crises. These extraordinary circumstances made many governments intervene much more in the economy, including tax law amendments. Many countries, including the Czech Republic, decreased several taxes or even abolished some as a kind of subsidy. This has resulted in a sharp rise in the public debt. The paper’s main aim and also the hypothesis to be confirmed or disproved is to answer the question of whether it would not be better to leave tax systems untouched in times of economic and other crises. To meet the contribution objectives, the IMRaD structure of the article is being used. The research part indicates amendments to the tax acts in the recent three years, justified on the grounds of the economic crises caused by the COVID-19 pandemic or consequences connected with the Russian invasion of Ukraine. In the discussion, the relationships between the new legal norms and the legal behavior of taxpayers are predicted, and the effects of legal regulation on the economic behavior of taxpayers are explained. Legal amendments also affect public budgets’ revenues. In conclusion, the strengths and weaknesses of de lege lata regulation in the study area are identified, and amendments de lege ferenda are suggested.
{"title":"“Laissez-Faire” Principle in Tax Law during the Crises","authors":"Michal Radvan","doi":"10.17951/sil.2023.32.2.225-247","DOIUrl":"https://doi.org/10.17951/sil.2023.32.2.225-247","url":null,"abstract":"In the last three years, the whole world has been struck by several crises. These extraordinary circumstances made many governments intervene much more in the economy, including tax law amendments. Many countries, including the Czech Republic, decreased several taxes or even abolished some as a kind of subsidy. This has resulted in a sharp rise in the public debt. The paper’s main aim and also the hypothesis to be confirmed or disproved is to answer the question of whether it would not be better to leave tax systems untouched in times of economic and other crises. To meet the contribution objectives, the IMRaD structure of the article is being used. The research part indicates amendments to the tax acts in the recent three years, justified on the grounds of the economic crises caused by the COVID-19 pandemic or consequences connected with the Russian invasion of Ukraine. In the discussion, the relationships between the new legal norms and the legal behavior of taxpayers are predicted, and the effects of legal regulation on the economic behavior of taxpayers are explained. Legal amendments also affect public budgets’ revenues. In conclusion, the strengths and weaknesses of de lege lata regulation in the study area are identified, and amendments de lege ferenda are suggested.","PeriodicalId":36157,"journal":{"name":"Studia Iuridica Lublinensia","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-06-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48888045","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 : 2023-06-27DOI: 10.17951/sil.2023.32.2.303-332
Adam Zienkiewicz
Studies of understanding and identification of mediation objectives, strategies and techniques and the effectiveness of mediation proceedings are justified from the cognitive and practical perspectives. The aim of this paper is to present the report of an empirical study, devoted to the subject matter mentioned above, conducted by the author as part of the scientific activity financed by the Polish National Science Centre. The paper is complex in nature – it deals with the research, concept and methodological threads. The empirical study was conducted in Poland, with Polish mediators participating in it, providing mediation services mainly in one of the Mediation Centres operating at District Chambers of Legal Advisors, making up the National Network of Legal Advisor Mediation Centres. However, considering the universal and utilitarian nature of the issue in hand, the comparative potential, originality and cognitive value of the study findings may be of interest to both Polish and international scientists and practitioners of mediation as an amicable form of holistic legal dispute management. Given the scope and depth of the issues addressed, the article is divided into three parts. This text (part III) contains significant, selected data gleaned from in-depth interviews with mediators, as well as their concise discussion and major conclusions and the summary of the whole scientific activity.
{"title":"Objectives of Mediation and Selection and Implementation of Mediation Strategies and Techniques by Mediators in Civil Disputes – Study Report (Part III – Interviews)","authors":"Adam Zienkiewicz","doi":"10.17951/sil.2023.32.2.303-332","DOIUrl":"https://doi.org/10.17951/sil.2023.32.2.303-332","url":null,"abstract":"Studies of understanding and identification of mediation objectives, strategies and techniques and the effectiveness of mediation proceedings are justified from the cognitive and practical perspectives. The aim of this paper is to present the report of an empirical study, devoted to the subject matter mentioned above, conducted by the author as part of the scientific activity financed by the Polish National Science Centre. The paper is complex in nature – it deals with the research, concept and methodological threads. The empirical study was conducted in Poland, with Polish mediators participating in it, providing mediation services mainly in one of the Mediation Centres operating at District Chambers of Legal Advisors, making up the National Network of Legal Advisor Mediation Centres. However, considering the universal and utilitarian nature of the issue in hand, the comparative potential, originality and cognitive value of the study findings may be of interest to both Polish and international scientists and practitioners of mediation as an amicable form of holistic legal dispute management. Given the scope and depth of the issues addressed, the article is divided into three parts. This text (part III) contains significant, selected data gleaned from in-depth interviews with mediators, as well as their concise discussion and major conclusions and the summary of the whole scientific activity.","PeriodicalId":36157,"journal":{"name":"Studia Iuridica Lublinensia","volume":"106 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135503457","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 : 2023-06-27DOI: 10.17951/sil.2023.32.2.283-302
Albena Vutsova, T. Yalamov, Martina Arabadzhieva
The following paper presents three related narratives. The first one looks at the dynamics of definitions of social economy and social enterprises. The second presents the Bulgarian perspective on social enterprises from different data sources with a focus on particular regulatory gaps, which impede the development of specific social enterprises in Bulgaria, called chitalishte. They have the longest and most steady tradition in the country among the not-for-profit organizations. The third narrative presents a story of non-profit social enterprises as agents of institutional change. The examples used in the paper arose in different time periods, have different specifics, but all emphasize the importance of the economic and social environment for the degree of sway on the institutional profile of chitalishta. The specific forms of Bulgarian social entities were studied in order to demonstrate their potential for institutional changes, expected level of impact, and compliance with coherent policies. Some regulatory deficiencies that narrow the scope of their action were also analyzed.
{"title":"Promoting Social Economy as an Instrument for Institutional Change: The Case of Bulgaria","authors":"Albena Vutsova, T. Yalamov, Martina Arabadzhieva","doi":"10.17951/sil.2023.32.2.283-302","DOIUrl":"https://doi.org/10.17951/sil.2023.32.2.283-302","url":null,"abstract":"The following paper presents three related narratives. The first one looks at the dynamics of definitions of social economy and social enterprises. The second presents the Bulgarian perspective on social enterprises from different data sources with a focus on particular regulatory gaps, which impede the development of specific social enterprises in Bulgaria, called chitalishte. They have the longest and most steady tradition in the country among the not-for-profit organizations. The third narrative presents a story of non-profit social enterprises as agents of institutional change. The examples used in the paper arose in different time periods, have different specifics, but all emphasize the importance of the economic and social environment for the degree of sway on the institutional profile of chitalishta. The specific forms of Bulgarian social entities were studied in order to demonstrate their potential for institutional changes, expected level of impact, and compliance with coherent policies. Some regulatory deficiencies that narrow the scope of their action were also analyzed.","PeriodicalId":36157,"journal":{"name":"Studia Iuridica Lublinensia","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-06-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45460267","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 : 2023-06-27DOI: 10.17951/sil.2023.32.2.267-282
P. Szczęśniak
This study of a scientific and research nature concerns the structure of the tax on certain financial institutions. The essence of the subject of research as a scientific problem focuses on the assessment of the impact of intra-group relations between companies on the amount of the tax on certain financial institutions. The main objective of the paper is to analyse how intra-group relations are defined in relation to the rules for creating definitions of legal terms. A lack of proper linkage of legal and factual relations between undertakings and the tax law rules, as determined by the legal-dogmatic method and jurisprudence analysis, may lead to discriminatory or preferential differentiation. The article attempts to prove the thesis that in the light of the provisions of the Act on the tax on certain financial institutions, there is a problem of privileging groups of companies in which, in addition to a domestic entity, which is a taxpayer, members are also those having its registered office or place of management outside the territory of the Republic of Poland. The article contains legislative recommendations that should improve the provisions of the Act on the tax on certain financial institutions. Despite the fact that the article deals with a dogmatic analysis of Polish tax law, the conclusions drawn from it may be of universal importance in relation to the principle of equality understood as the obligation to treat entities in a similar situation equally, without differentiations, either discriminatory or preferential.
{"title":"The Impact of Intra-Group Relations on the Amount of the Tax on Certain Financial Institutions","authors":"P. Szczęśniak","doi":"10.17951/sil.2023.32.2.267-282","DOIUrl":"https://doi.org/10.17951/sil.2023.32.2.267-282","url":null,"abstract":"This study of a scientific and research nature concerns the structure of the tax on certain financial institutions. The essence of the subject of research as a scientific problem focuses on the assessment of the impact of intra-group relations between companies on the amount of the tax on certain financial institutions. The main objective of the paper is to analyse how intra-group relations are defined in relation to the rules for creating definitions of legal terms. A lack of proper linkage of legal and factual relations between undertakings and the tax law rules, as determined by the legal-dogmatic method and jurisprudence analysis, may lead to discriminatory or preferential differentiation. The article attempts to prove the thesis that in the light of the provisions of the Act on the tax on certain financial institutions, there is a problem of privileging groups of companies in which, in addition to a domestic entity, which is a taxpayer, members are also those having its registered office or place of management outside the territory of the Republic of Poland. The article contains legislative recommendations that should improve the provisions of the Act on the tax on certain financial institutions. Despite the fact that the article deals with a dogmatic analysis of Polish tax law, the conclusions drawn from it may be of universal importance in relation to the principle of equality understood as the obligation to treat entities in a similar situation equally, without differentiations, either discriminatory or preferential.","PeriodicalId":36157,"journal":{"name":"Studia Iuridica Lublinensia","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-06-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48630742","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 : 2023-06-27DOI: 10.17951/sil.2023.32.2.91-101
Karol Bajda
The institution of the crown witness in Poland was introduced into the legal order in 1997 and its aim was to effectively counteract organized crime, which at that time was experiencing its heyday. Being very controversial from the very beginning, with numerous voices of criticism and approval at the same time, over the years it has consolidated its position and for 25 years has continuously contributed to breaking the conspiracy of silence of the perpetrators of crimes of the greatest severity. The subject of the article is the analysis of the institution of the crown witness in the context of the element of the procedural role of the perpetrator and selected evidentiary prohibitions of the Polish criminal procedure. The author confronts the eponymous institution with the prohibition of changing procedural roles, the prohibition of excluding the freedom of expression of the person being questioned, and the prohibition related to obtaining an evidentiary statement that cannot constitute evidence. The role of these prohibitions is to shape truthful findings in the criminal process and to guarantee its fairness. The procedure for granting the status of a crown witness, which is a kind of compromise between the fairness of the trial and the purpose of the institution, carries the risk of abuse in this area. The threat concerns the violation of the principle of material truth and the protection of the procedural position of the accused who has not obtained the status of a crown witness.
{"title":"The Institution of the Crown Witness in the Light of the Directive Prohibiting the Exchange of Procedural Roles and Selected Evidentiary Prohibitions of the Polish Criminal Procedure","authors":"Karol Bajda","doi":"10.17951/sil.2023.32.2.91-101","DOIUrl":"https://doi.org/10.17951/sil.2023.32.2.91-101","url":null,"abstract":"The institution of the crown witness in Poland was introduced into the legal order in 1997 and its aim was to effectively counteract organized crime, which at that time was experiencing its heyday. Being very controversial from the very beginning, with numerous voices of criticism and approval at the same time, over the years it has consolidated its position and for 25 years has continuously contributed to breaking the conspiracy of silence of the perpetrators of crimes of the greatest severity. The subject of the article is the analysis of the institution of the crown witness in the context of the element of the procedural role of the perpetrator and selected evidentiary prohibitions of the Polish criminal procedure. The author confronts the eponymous institution with the prohibition of changing procedural roles, the prohibition of excluding the freedom of expression of the person being questioned, and the prohibition related to obtaining an evidentiary statement that cannot constitute evidence. The role of these prohibitions is to shape truthful findings in the criminal process and to guarantee its fairness. The procedure for granting the status of a crown witness, which is a kind of compromise between the fairness of the trial and the purpose of the institution, carries the risk of abuse in this area. The threat concerns the violation of the principle of material truth and the protection of the procedural position of the accused who has not obtained the status of a crown witness.","PeriodicalId":36157,"journal":{"name":"Studia Iuridica Lublinensia","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-06-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44025614","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 : 2023-06-27DOI: 10.17951/sil.2023.32.2.73-89
Maciej Błotnicki
The study aims to introduce the reader to the issue of criminal law protection of money in Swiss legislation against attacks on its authenticity in the form of forgery or counterfeiting. The solutions presented in the text, used on the basis of Swiss criminal law, to some extent, can provide a reference point both for undertaking separate and detailed analyses devoted to the domestic type of counterfeit money and for formulating balanced de lege ferenda postulates. Accordingly, the article contains a dogmatic analysis of the provisions typifying counterfeit money or its surrogates in Swiss criminal law. The argument was preceded by an indication of the distinguished categories of criminal acts aimed at protecting the circulation of money and other means of payment. Moreover, reference was made to the statutory threat of punishment provided for in Swiss law and to the specific basis for the confiscation decision. It is worth noting that the Swiss legal order is not one of the most desirable lines of analysis in the Polish legal doctrine. This fact is surprising insofar as the current criminal law of Switzerland was a significant inspiration for the drafters of the Polish Criminal Code of 1932. This leads to the conclusion that a closer analysis of Swiss institutions that protect money from counterfeiting is necessary and worth attention.
{"title":"Counterfeit Money and Its Surrogate in Swiss Criminal Law","authors":"Maciej Błotnicki","doi":"10.17951/sil.2023.32.2.73-89","DOIUrl":"https://doi.org/10.17951/sil.2023.32.2.73-89","url":null,"abstract":"The study aims to introduce the reader to the issue of criminal law protection of money in Swiss legislation against attacks on its authenticity in the form of forgery or counterfeiting. The solutions presented in the text, used on the basis of Swiss criminal law, to some extent, can provide a reference point both for undertaking separate and detailed analyses devoted to the domestic type of counterfeit money and for formulating balanced de lege ferenda postulates. Accordingly, the article contains a dogmatic analysis of the provisions typifying counterfeit money or its surrogates in Swiss criminal law. The argument was preceded by an indication of the distinguished categories of criminal acts aimed at protecting the circulation of money and other means of payment. Moreover, reference was made to the statutory threat of punishment provided for in Swiss law and to the specific basis for the confiscation decision. It is worth noting that the Swiss legal order is not one of the most desirable lines of analysis in the Polish legal doctrine. This fact is surprising insofar as the current criminal law of Switzerland was a significant inspiration for the drafters of the Polish Criminal Code of 1932. This leads to the conclusion that a closer analysis of Swiss institutions that protect money from counterfeiting is necessary and worth attention.","PeriodicalId":36157,"journal":{"name":"Studia Iuridica Lublinensia","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-06-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48119470","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 : 2023-06-27DOI: 10.17951/sil.2023.32.2.347-358
Agnieszka Franczak
In the analyzed judgment, the Polish Supreme Administrative Court sets the limits on the tax authorities’ request for access to tax information pursuant to Article 45 (1) of the National Tax Administration Act. In the rationale for the judgment, the Court emphasized that this provision concerns a specific form of the authority’s action with respect to the collection, use, and processing of tax information. For this reason, the use of such a form of action is subject to certain restrictions. On the basis of this provision, tax authorities may not, in particular, take actions that are appropriate for formal proceedings (administrative, tax, or customs-fiscal). In the commentary, the justification of the Supreme Administrative Court was welcomed, developing the arguments supporting the main theses of the judgment and organizing the arguments presented in other judgments on this subject.
{"title":"Protection of a Taxpayer’s Rights and the Admissible Scope of Information Provided under Article 45 (1) of the National Tax Administration Act: Approving Commentary on the Judgment of the Polish Supreme Administrative Court of 4 May 2021 (III FSK 928/21, LEX no. 3181325)","authors":"Agnieszka Franczak","doi":"10.17951/sil.2023.32.2.347-358","DOIUrl":"https://doi.org/10.17951/sil.2023.32.2.347-358","url":null,"abstract":"In the analyzed judgment, the Polish Supreme Administrative Court sets the limits on the tax authorities’ request for access to tax information pursuant to Article 45 (1) of the National Tax Administration Act. In the rationale for the judgment, the Court emphasized that this provision concerns a specific form of the authority’s action with respect to the collection, use, and processing of tax information. For this reason, the use of such a form of action is subject to certain restrictions. On the basis of this provision, tax authorities may not, in particular, take actions that are appropriate for formal proceedings (administrative, tax, or customs-fiscal). In the commentary, the justification of the Supreme Administrative Court was welcomed, developing the arguments supporting the main theses of the judgment and organizing the arguments presented in other judgments on this subject.","PeriodicalId":36157,"journal":{"name":"Studia Iuridica Lublinensia","volume":"35 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135503458","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 : 2023-06-27DOI: 10.17951/sil.2023.32.2.173-188
Juelda Lamce, Renata Kau
This scientific article is focused on the possibility for the biological father to challenge the marital presumption of paternity. Academic studies show that there is an enlargement of legal actions towards the establishment of biological evidence and that non-marital parents have enforceable legal rights. In the Albanian legislation (and in some others as well)
{"title":"Contesting Marital Presumption of Paternity – Biological Father’s Legal Position. Comparative Overview in Albania and the Western Balkan Countries","authors":"Juelda Lamce, Renata Kau","doi":"10.17951/sil.2023.32.2.173-188","DOIUrl":"https://doi.org/10.17951/sil.2023.32.2.173-188","url":null,"abstract":"This scientific article is focused on the possibility for the biological father to challenge the marital presumption of paternity. Academic studies show that there is an enlargement of legal actions towards the establishment of biological evidence and that non-marital parents have enforceable legal rights. In the Albanian legislation (and in some others as well)","PeriodicalId":36157,"journal":{"name":"Studia Iuridica Lublinensia","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-06-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48199120","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 : 2023-06-14DOI: 10.31338/2544-3135.si.2022-95.27
Adrianna Szczechowicz-Raś
The article analyzes the provisions of law and jurisprudence in the aspect of the possibility for the beneficiary to choose a nursing benefit when a special care allowance has already been granted by an earlier decision. The main objective of the article is to indicate the interpretation of the provision used in the previous practice by the authorities and the current problems presented in the jurisprudence of administrative courts that affect the statutory right of a party to choose a benefit. In the author’s opinion, the legislator does not take into account the changing economic and social situation in the adopted legal solutions, which is controversial in practice. The lack of legislative initiative in this regard leaves the judicature with the problem of non-compliance with the provisions. Administrative courts are forced to correct structural imperfections of the social security system in terms of support for carers of people with disabilities, which should not take place in a democratic state, as it is the sole role of the legislator.
{"title":"MOŻLIWOŚĆ WYBORU MIĘDZY ŚWIADCZENIEM PIELĘGNACYJNYM A SPECJALNYM ZASIŁKIEM OPIEKUŃCZYM – PROBLEMY PRAKTYCZNE","authors":"Adrianna Szczechowicz-Raś","doi":"10.31338/2544-3135.si.2022-95.27","DOIUrl":"https://doi.org/10.31338/2544-3135.si.2022-95.27","url":null,"abstract":"The article analyzes the provisions of law and jurisprudence in the aspect of the\u0000possibility for the beneficiary to choose a nursing benefit when a special care allowance\u0000has already been granted by an earlier decision. The main objective of the article is to\u0000indicate the interpretation of the provision used in the previous practice by the authorities\u0000and the current problems presented in the jurisprudence of administrative courts\u0000that affect the statutory right of a party to choose a benefit. In the author’s opinion,\u0000the legislator does not take into account the changing economic and social situation in\u0000the adopted legal solutions, which is controversial in practice. The lack of legislative\u0000initiative in this regard leaves the judicature with the problem of non-compliance with\u0000the provisions. Administrative courts are forced to correct structural imperfections of the\u0000social security system in terms of support for carers of people with disabilities, which\u0000should not take place in a democratic state, as it is the sole role of the legislator.","PeriodicalId":36157,"journal":{"name":"Studia Iuridica Lublinensia","volume":"91 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-06-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79972299","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 : 2023-06-14DOI: 10.31338/2544-3135.si.2022-95.20
A. Niewiadomska
Innovativeness is one of the most significant determinants of the new Common Agricultural Policy from 2023. Along with climate protection, it is becoming a key consideration when allocating the European funds. The problem, however, is the overly broad understanding of this concept which is construed as ‘progress’ rather than ‘innovation’. In this regard, it seems justified to make an ex ante evaluation of the prepared legal solutions in the field of legal instruments aimed at implementing innovativeness in the Polish and European rural areas. Appropriate construction of these mechanisms will enable efficient and effective use of funds by farmers. Currently, one can only observe a search for innovative mechanisms that could help agriculture. The article evaluates selected mechanisms by applying the method of dogmatic law analysis and comparative law analysis.
{"title":"INNOWACYJNOŚĆ W NOWEJ WSPÓLNEJ POLITYCE ROLNEJ","authors":"A. Niewiadomska","doi":"10.31338/2544-3135.si.2022-95.20","DOIUrl":"https://doi.org/10.31338/2544-3135.si.2022-95.20","url":null,"abstract":"Innovativeness is one of the most significant determinants of the new Common Agricultural Policy from 2023. Along with climate protection, it is becoming a key consideration when allocating the European funds. The problem, however, is the overly broad understanding of this concept which is construed as ‘progress’ rather than ‘innovation’. In this regard, it seems justified to make an ex ante evaluation of the prepared legal solutions in the field of legal instruments aimed at implementing innovativeness in the Polish and European rural areas. Appropriate construction of these mechanisms will enable efficient and effective use of funds by farmers. Currently, one can only observe a search for innovative mechanisms that could help agriculture. The article evaluates selected mechanisms by applying the method of dogmatic law analysis and comparative law analysis.","PeriodicalId":36157,"journal":{"name":"Studia Iuridica Lublinensia","volume":"90 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-06-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90597303","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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