This article presents a contemporary model of applying interim measures by the Court of Justice of the European Union, drawing on an increasingly rich body of case law in Polish cases. The disputes that the European Commission has engaged in with the Polish government, along with the non-standard obstruction in compliance with EU law, have become the basis for a new approach to this ancillary procedure offered by the Rules of Procedure of the Court. The article focuses on two sensitive areas where judicial intervention has proved necessary, the protection of the natural environment and ensuring the rule of law, especially in the operation of the national judiciary. There is no doubt that this body of work constitutes a significant contribution to the overall development of EU law, as it has led to the adoption of a completely new interpretation of Article 279 TFEU. According to the latest case law, the possibility of imposing financial penalties on member states is not limited to cases provided for in Article 260 TFEU, that is, non-compliance with a judgment finding a breach of EU law; these penalties can also be imposed in cases of non-compliance with the Court’s interim orders.
{"title":"The Development of Interim Measures Procedure in Cases Against Poland Before CJEU","authors":"Aleksander Cieśliński","doi":"10.2478/wrlae-2022-0024","DOIUrl":"https://doi.org/10.2478/wrlae-2022-0024","url":null,"abstract":"\u0000 This article presents a contemporary model of applying interim measures by the Court of Justice of the European Union, drawing on an increasingly rich body of case law in Polish cases. The disputes that the European Commission has engaged in with the Polish government, along with the non-standard obstruction in compliance with EU law, have become the basis for a new approach to this ancillary procedure offered by the Rules of Procedure of the Court. The article focuses on two sensitive areas where judicial intervention has proved necessary, the protection of the natural environment and ensuring the rule of law, especially in the operation of the national judiciary. There is no doubt that this body of work constitutes a significant contribution to the overall development of EU law, as it has led to the adoption of a completely new interpretation of Article 279 TFEU. According to the latest case law, the possibility of imposing financial penalties on member states is not limited to cases provided for in Article 260 TFEU, that is, non-compliance with a judgment finding a breach of EU law; these penalties can also be imposed in cases of non-compliance with the Court’s interim orders.","PeriodicalId":516881,"journal":{"name":"Wroclaw Review of Law, Administration & Economics","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2024-05-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141015376","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The article discusses a possibility and circumstances of conducting a remote hearing in the Polish civil procedure. Especially, the authors describe and analyse the legal provisions applicable prior, during and after Covid-19 as well as their impact on the process of informatization of the civil proceedings in Poland with the main focus on remote hearings that were not - generally, possible before Covid-19. The article also takes a closer look at the possibility to participate in a trial outside the seat of the court and the principle of openness of the proceedings.
{"title":"The Impact of the Covid-19 Pandemic on Civil Proceedings in Poland","authors":"Jacek Gołaczyński, Kamila Brylak","doi":"10.2478/wrlae-2022-0023","DOIUrl":"https://doi.org/10.2478/wrlae-2022-0023","url":null,"abstract":"\u0000 The article discusses a possibility and circumstances of conducting a remote hearing in the Polish civil procedure. Especially, the authors describe and analyse the legal provisions applicable prior, during and after Covid-19 as well as their impact on the process of informatization of the civil proceedings in Poland with the main focus on remote hearings that were not - generally, possible before Covid-19. The article also takes a closer look at the possibility to participate in a trial outside the seat of the court and the principle of openness of the proceedings.","PeriodicalId":516881,"journal":{"name":"Wroclaw Review of Law, Administration & Economics","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2024-04-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140716712","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The article first updates the concept and typology of gold-plating of EU law. In this respect, it makes the distinction between various types of gold-plating of EU law and submits that it should now be understood as any national transposition of EU directives as well as any national normative implementation of any other EU legal acts which exceeds the minimum regulatory requirements of the transposed or implemented EU act and which remains within EU legality. Secondly, it provides an updated view of the use of gold-plating in the Czech Republic. It does so by comparing the current gold-plating situation in this Member State with that of a decade ago. This comparison has revealed a predominantly positive development in this area, namely the almost total eradication of inadvertent gold-plating and the consolidation of deliberate justified gold-plating of EU law in Czech legislative practice. Still, the article pleads for some further refinements in the area concerned.
{"title":"Gold-plating of EU Law in the Czech Republic Revisited","authors":"Richard Král","doi":"10.2478/wrlae-2022-0021","DOIUrl":"https://doi.org/10.2478/wrlae-2022-0021","url":null,"abstract":"\u0000 The article first updates the concept and typology of gold-plating of EU law. In this respect, it makes the distinction between various types of gold-plating of EU law and submits that it should now be understood as any national transposition of EU directives as well as any national normative implementation of any other EU legal acts which exceeds the minimum regulatory requirements of the transposed or implemented EU act and which remains within EU legality. Secondly, it provides an updated view of the use of gold-plating in the Czech Republic. It does so by comparing the current gold-plating situation in this Member State with that of a decade ago. This comparison has revealed a predominantly positive development in this area, namely the almost total eradication of inadvertent gold-plating and the consolidation of deliberate justified gold-plating of EU law in Czech legislative practice. Still, the article pleads for some further refinements in the area concerned.","PeriodicalId":516881,"journal":{"name":"Wroclaw Review of Law, Administration & Economics","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2024-04-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140719965","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The paper aims to highlight the decisive role of supranational and national courts in the recognition of a fundamental right to a healthy environment and in widening the scope of its protection. It analyses, in a critical sense, the doctrine that defines this trend as jurisprudential activism and that raises concerns regarding the principle of separation of powers.
{"title":"The Progressive Recognition of the Fundamental Right to a Healthy Environment and the Role of the Courts in Ensuring Its Protection1","authors":"Nadia Sima Spadaro","doi":"10.2478/wrlae-2023-0009","DOIUrl":"https://doi.org/10.2478/wrlae-2023-0009","url":null,"abstract":"\u0000 The paper aims to highlight the decisive role of supranational and national courts in the recognition of a fundamental right to a healthy environment and in widening the scope of its protection. It analyses, in a critical sense, the doctrine that defines this trend as jurisprudential activism and that raises concerns regarding the principle of separation of powers.","PeriodicalId":516881,"journal":{"name":"Wroclaw Review of Law, Administration & Economics","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2024-03-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140081710","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}
Civil procedural law had to react quickly to the Covid-19 pandemic to ensure that litigants had access to the court system despite the closure of court buildings. In Hungary, e-trials were made possible by special government decisions, which were interpreted by the Supreme Court (Kúria) to help lower courts to develop uniform case law. As a result of the Digital Courts Programme launched in 2018, the computerisation of courts and judges was in a good state at the time of the outbreak, which helped greatly to address the situation. The paper examines changes in Hungarian civil procedure law during the first three waves of the pandemic in a chronological manner. In its conclusions, it takes stock of the changes that can enhance access to the justice system and legal entities, even after the epidemic.
{"title":"Hungarian civil procedure law’s response to the Covid challenge","authors":"András Osztovits","doi":"10.2478/wrlae-2023-0019","DOIUrl":"https://doi.org/10.2478/wrlae-2023-0019","url":null,"abstract":"\u0000 Civil procedural law had to react quickly to the Covid-19 pandemic to ensure that litigants had access to the court system despite the closure of court buildings. In Hungary, e-trials were made possible by special government decisions, which were interpreted by the Supreme Court (Kúria) to help lower courts to develop uniform case law. As a result of the Digital Courts Programme launched in 2018, the computerisation of courts and judges was in a good state at the time of the outbreak, which helped greatly to address the situation. The paper examines changes in Hungarian civil procedure law during the first three waves of the pandemic in a chronological manner. In its conclusions, it takes stock of the changes that can enhance access to the justice system and legal entities, even after the epidemic.","PeriodicalId":516881,"journal":{"name":"Wroclaw Review of Law, Administration & Economics","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2024-03-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140082080","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
In this paper, we focus on two conceptual problems associated with the EU Whistleblower Directive and point out issues that may undermine or even frustrate the successful implementation of the Directive in a national context. While fully acknowledging strong arguments for, and undeniable benefits of, speaking in favour of EU whistleblower protection, it has to be noted that a specific form of forced gold-plating calling for the extension of the material scope of protection may complicate the interpretation of the autonomous part of legislation and lead to legal insecurity. Moreover, new elements of whistleblower protection as introduced by the Directive diverge from the case law of the European Court of Human Rights. The introduction of higher standards of protection in favour of whistleblowers does not raise problems in relations between the state and the individual, but some EU rules may cause problems in horizontal relations between private individuals, since fair balancing of interests as required by Strasbourg jurisprudence may be not always guaranteed.
{"title":"Pitfalls in Implementing the EU Whistleblower Directive","authors":"Harald Christian Scheu","doi":"10.2478/wrlae-2024-0002","DOIUrl":"https://doi.org/10.2478/wrlae-2024-0002","url":null,"abstract":"\u0000 In this paper, we focus on two conceptual problems associated with the EU Whistleblower Directive and point out issues that may undermine or even frustrate the successful implementation of the Directive in a national context. While fully acknowledging strong arguments for, and undeniable benefits of, speaking in favour of EU whistleblower protection, it has to be noted that a specific form of forced gold-plating calling for the extension of the material scope of protection may complicate the interpretation of the autonomous part of legislation and lead to legal insecurity. Moreover, new elements of whistleblower protection as introduced by the Directive diverge from the case law of the European Court of Human Rights. The introduction of higher standards of protection in favour of whistleblowers does not raise problems in relations between the state and the individual, but some EU rules may cause problems in horizontal relations between private individuals, since fair balancing of interests as required by Strasbourg jurisprudence may be not always guaranteed.","PeriodicalId":516881,"journal":{"name":"Wroclaw Review of Law, Administration & Economics","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2024-03-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140081129","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The global and European energy markets are changing profoundly before our eyes. The European Union (EU), wishing to achieve energy independence soon, including independence from fuel supplies, is turning its attention to renewable energy sources. It is no longer only important to achieve a high level of use of renewable energy sources, but also to maintain local energy security by supporting local energy production from renewable sources at the level of individual EU Member States. This is taking place in very different directions and through various support tools. The sharing energy phenomenon also finds support today on the regulatory side in EU law. Amongst others, there is Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources and Directive (EU) 2019/944 of the European Parliament and of the Council of 5 June 2019 on common rules for the internal market in electricity, which provide for forms of decentralised energy market and certain forms of community energy in the form of electricity prosumers and various types of energy communities. The basic research question addressed in this study is - how does the sharing energy phenomenon fit into the broader sharing economy phenomenon today? It also asks in what way does EU regulation currently support the development of the sharing energy phenomenon? The research area in this paper is narrowed down to EU law also includes references to Polish law.
{"title":"Sharing Energy as Part of the Sharing Economy? New Developments in the EU Energy Transition: Legal Analysis","authors":"Mariusz Szyrski","doi":"10.2478/wrlae-2023-0002","DOIUrl":"https://doi.org/10.2478/wrlae-2023-0002","url":null,"abstract":"\u0000 The global and European energy markets are changing profoundly before our eyes. The European Union (EU), wishing to achieve energy independence soon, including independence from fuel supplies, is turning its attention to renewable energy sources. It is no longer only important to achieve a high level of use of renewable energy sources, but also to maintain local energy security by supporting local energy production from renewable sources at the level of individual EU Member States. This is taking place in very different directions and through various support tools.\u0000 The sharing energy phenomenon also finds support today on the regulatory side in EU law. Amongst others, there is Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources and Directive (EU) 2019/944 of the European Parliament and of the Council of 5 June 2019 on common rules for the internal market in electricity, which provide for forms of decentralised energy market and certain forms of community energy in the form of electricity prosumers and various types of energy communities. The basic research question addressed in this study is - how does the sharing energy phenomenon fit into the broader sharing economy phenomenon today? It also asks in what way does EU regulation currently support the development of the sharing energy phenomenon? The research area in this paper is narrowed down to EU law also includes references to Polish law.","PeriodicalId":516881,"journal":{"name":"Wroclaw Review of Law, Administration & Economics","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2024-02-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140439567","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}
It is widely agreed that the global economy has entered a phase of heightened uncertainty. Since all downturns and slowdowns involve low aggregate demand, the authorities typically step in by increasing their own spending to protect businesses and jobs. During the Covid pandemic the European Union has witnessed an unprecedented level of State aid measures, under the hastily adopted dedicated temporary framework. Temporary rules have also been adopted to facilitate State aid supporting companies affected by the Russian invasion of Ukraine, which are still in force today (March 2023). The common pattern of crisis responses in turn allows for a more general, non-event-specific, assessment of State aid measures taken to reduce economic disturbances. Sufficient time has now passed for an attempt to take stock of these efforts. This paper therefore seeks to assess State aid measures designed to remedy serious economic disruptions, identify their weak points and recommend improvements. The analysis, preceded by a succinct description of the European Union’s State aid toolbox for crisis aid, will focus on the previously identified potential problem areas: How to determine whether an aid measure is indeed capable, in itself, of remedying the serious disturbance in the economy, especially when it is granted to a single undertaking, and how to ensure the effectiveness of State aid control. The paper will conclude with a set of recommendations.
{"title":"The New Normal? The European Union’s Temporary Frameworks for State Aid","authors":"Jakub Kociubiński","doi":"10.2478/wrlae-2024-0001","DOIUrl":"https://doi.org/10.2478/wrlae-2024-0001","url":null,"abstract":"\u0000 It is widely agreed that the global economy has entered a phase of heightened uncertainty. Since all downturns and slowdowns involve low aggregate demand, the authorities typically step in by increasing their own spending to protect businesses and jobs. During the Covid pandemic the European Union has witnessed an unprecedented level of State aid measures, under the hastily adopted dedicated temporary framework. Temporary rules have also been adopted to facilitate State aid supporting companies affected by the Russian invasion of Ukraine, which are still in force today (March 2023). The common pattern of crisis responses in turn allows for a more general, non-event-specific, assessment of State aid measures taken to reduce economic disturbances.\u0000 Sufficient time has now passed for an attempt to take stock of these efforts. This paper therefore seeks to assess State aid measures designed to remedy serious economic disruptions, identify their weak points and recommend improvements. The analysis, preceded by a succinct description of the European Union’s State aid toolbox for crisis aid, will focus on the previously identified potential problem areas: How to determine whether an aid measure is indeed capable, in itself, of remedying the serious disturbance in the economy, especially when it is granted to a single undertaking, and how to ensure the effectiveness of State aid control. The paper will conclude with a set of recommendations.","PeriodicalId":516881,"journal":{"name":"Wroclaw Review of Law, Administration & Economics","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2024-02-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140439627","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This article deals with the emerging concept of “sustainability”, that, according to the empirical research presented here, is mentioned in the text of 67 constitutions, very often in relation to the environment or with the rights of future generations. As the vast majority of those references consist in very general substantive provisions, needing legislative or judicial implementation, the article deals with the challenges brought by “aspirational constitutions” and with the role of the courts in their enforcement. Finally, I maintains that, in order to achieve the effectiveness, constitutions should include procedural provisions aimed at integrating sustainability instances (throughout specialized bodies) into the legislative process.
{"title":"Sustainability and Constitutions: Constitutional Law and the Dilemma of the Future","authors":"T. Groppi","doi":"10.2478/wrlae-2022-0022","DOIUrl":"https://doi.org/10.2478/wrlae-2022-0022","url":null,"abstract":"\u0000 This article deals with the emerging concept of “sustainability”, that, according to the empirical research presented here, is mentioned in the text of 67 constitutions, very often in relation to the environment or with the rights of future generations. As the vast majority of those references consist in very general substantive provisions, needing legislative or judicial implementation, the article deals with the challenges brought by “aspirational constitutions” and with the role of the courts in their enforcement. Finally, I maintains that, in order to achieve the effectiveness, constitutions should include procedural provisions aimed at integrating sustainability instances (throughout specialized bodies) into the legislative process.","PeriodicalId":516881,"journal":{"name":"Wroclaw Review of Law, Administration & Economics","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2024-02-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140439657","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}
Many households in Poland are currently experiencing a situation in which they must choose between drastic energy savings, resulting in a noticeable lack of heat comfort, and spending on energy costs at the expense of other basic needs, such as food or medications. This phenomenon has negative consequences, from a deteriorating state of health, especially among children and older people, to ‘saving themselves’ by burning coal dust or waste, which, in turn, increases emissions and leads to pollution of the air. It also causes energy exclusion in many cases, which can cause breaches of human dignity. The question therefore arises: how does social welfare deal with energy exclusion on legal and social grounds with regard to satisfying the energy needs of citizens and what are the role and tasks of social welfare in conditions of an energy crisis? The answers to these questions are accompanied by an analysis of the concepts of energy poverty and energy exclusion, as well as a discussion and assessment of selected forms of social welfare in counteracting the energy exclusion of citizens.
{"title":"Protection Against Energy Exclusion as a Social Welfare Task","authors":"Dominika Cendrowicz","doi":"10.2478/wrlae-2023-0003","DOIUrl":"https://doi.org/10.2478/wrlae-2023-0003","url":null,"abstract":"\u0000 Many households in Poland are currently experiencing a situation in which they must choose between drastic energy savings, resulting in a noticeable lack of heat comfort, and spending on energy costs at the expense of other basic needs, such as food or medications. This phenomenon has negative consequences, from a deteriorating state of health, especially among children and older people, to ‘saving themselves’ by burning coal dust or waste, which, in turn, increases emissions and leads to pollution of the air. It also causes energy exclusion in many cases, which can cause breaches of human dignity. The question therefore arises: how does social welfare deal with energy exclusion on legal and social grounds with regard to satisfying the energy needs of citizens and what are the role and tasks of social welfare in conditions of an energy crisis? The answers to these questions are accompanied by an analysis of the concepts of energy poverty and energy exclusion, as well as a discussion and assessment of selected forms of social welfare in counteracting the energy exclusion of citizens.","PeriodicalId":516881,"journal":{"name":"Wroclaw Review of Law, Administration & Economics","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2024-02-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140440132","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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