scholarly journals THE UNIFORMIZATION OF THE PRINCIPLES OF TRADE SECRET PROTECTION IN THE EUROPEAN UNION LAW ͵ THE IMPLICATIONS FOR POLISH LAW. A STUDY OF SELECTED ISSUES

2018 ◽  
Vol 1 (10) ◽  
pp. 139
Author(s):  
Monika Bartczak
Keyword(s):  
European Union ◽  
Trade Secret ◽  
The European Union ◽  
European Union Law ◽  
Polish Law ◽  
Trade Secret Protection

scholarly journals Zasady techniki prawodawczej w Polsce i Unii Europejskiej

2017 ◽  
Vol 105 ◽  
pp. 193-208
Author(s):  
Kamil Stępniak
Keyword(s):  
European Union ◽  
Prime Minister ◽  
European Law ◽  
The European Union ◽  
Dual Systems ◽  
European Union Law ◽  
Eu Directives ◽  
Polish Law ◽  
The Eu

THE PRINCIPLES OF LEGISLATION TECHNIQUE IN POLAND AND EUROPEAN UNIONThis paper is acomplex summary of problematic principles of legislation technique. European law-making has abig meaning in Polish law. These dual systems affect each other. The principles of legislative techniques in Poland are regulated by the Regulation of the Prime Minister, but not always. Sometimes they were set in abook form. The rules of legislative technique are of great importance for understanding of legislation and the entire legal system. Thanks to them the legislators know what editorial units used in individual acts. Understanding them often allows for better application of the law. European Union Law has its own standards and its own legislative rules. Correlation of Polish law with the European reveals itself even when it is necessary to transpose the EU directives. The method and quality of establishing law in the European Union somehow directly affect the rights in Poland. Therefore,  distinguish between the two legal systems and learn how to use them. This paper describes the importance of the principles of correct legislation for both the national agenda, as well as for the European law. It identifies the main concepts. It allows the reader to explore correlations principles of legislative techniques in the EU and Poland.

scholarly journals Notariusz jako organ ochrony prawnej w świetle prawa polskiego i prawa Unii Europejskiej

2017 ◽  
Vol 107 ◽  
pp. 195-209
Author(s):  
Monika Setkowicz
Keyword(s):  
European Union ◽  
Direct Effect ◽  
Legal Protection ◽  
The Other ◽  
The European Union ◽  
European Union Law ◽  
Cross Border ◽  
Polish Law ◽  
Protection Authority

A NOTARY AS A LEGAL PROTECTION AUTHORITY UNDER THE POLISH LAW AND THE EUROPEAN UNION LAWThe paper aims to examine the role of a notary as a legal protection authority in Polish and European Union law systems. The European Union Regulation on Succession has changed the existing role of a notary. It has established the new institution of legal protection — a European Certificate of Succession. The competence to issue a European Certificate of Succession has been entrusted to the notaries beside the courts. This new notarial action has direct effect in the other Member States of the European Union. The scope of legal protection exercised by a notary went beyond national borders and its role has become cross-border.

scholarly journals The Evolution of Cybersecurity Regulation in the European Union Law and Its Implementation in Poland

2021 ◽  
Vol 46 (3) ◽  
pp. 219-235
Author(s):  
Grażyna Maria Szpor
Keyword(s):  
European Union ◽  
Information Systems ◽  
Cyber Security ◽  
Legal Status ◽  
Service Providers ◽  
Real Space ◽  
The European Union ◽  
European Union Law ◽  
Digital Service ◽  
Polish Law

The 2013 European Union Cybersecurity Strategy, the 2016 Directive, and the 2019 Regulation mark the next steps in strengthening the protection of cybersecurity by European Union bodies, linked to changes in member states’ laws. The rapid increase in threats, referred to as the “cyberpandemic”, requires prompt adaptation of legal instruments to new needs, but at the same time complicates ensuring consistency of multi-level regulation. The analysis of changes in the legal status in Poland shows that this concerns terminology, subject matter scope and the structure of cyber security systems. In order to reduce difficulties, it is worth considering introducing immediate amendments to those provisions in force which were negatively assessed during works on drafting new acts. Such a conclusion is prompted by the evolution of the definition of cybersecurity, which, according to the 2019 Regulation as well as the draft amendments to the Polish Act on National Cyber Security System and the draft of the new Directive, is to be understood as activities necessary to protect networks and information systems, users of such systems and other persons against cyber threats such as any potential circumstance, event or action that may cause damage, disruption or otherwise adversely affect networks and information systems. Another example is the maintenance of the distinction between key service operators and digital service providers in the 2019 EU Regulation and the 2021 draft amendment to the Polish law, although the 2020 NIS 2 directive draft recognizes that it has become irrelevant and replaces it with a distinction between essential and relevant entities. Also, other changes currently proposed are justified by the blurring of the boundaries between virtual and real space.

scholarly journals Umowa urbanistyczna jako przykład umowy administracyjnej na tle polskiego i europejskiego porządku prawnego

2019 ◽  
pp. 117-138
Author(s):  
Maciej Kruś
Keyword(s):  
European Union ◽  
The Other ◽  
The European Union ◽  
European Union Law ◽  
Administrative Contract ◽  
Legal Relationship ◽  
Ability To Act ◽  
Polish Law ◽  
Basic Features ◽  
Administrative Proceedings

The subject of the article is an attempt to show that concluding an urban contract is a form of public administration activity of an administrative nature, not a civil one. As a result of the contract, an administrative-legal relationship is established. Its characteristic feature is that in order for this relationship to arise it is necessary for the other party to agree. The other party is an investor who is supposed to carry out the project at his own expense. The basis for the conclusion of the contract is not the freedom of contracting, but administrative law specifying the competence of the administration to conclude a contract as well as determining the acceptable content of the contract. The urban contract is therefore an administrative contract. The article also presents the basic features of an administrative contract. In the study, the achievements of Polish and German doctrine were used. The administra­tive contract is not regulated under Polish law but relevant provisions are contained in the German Act on Administrative Proceedings. In addition, a public law contract has been described as an instrument of action in the implementation of European Union law. In this context, two cases were distinguished, i.e. the conclusion of a contract by national authorities and the conclusion of a contract by the Union institutions. In the latter case, it was necessary to interpret the provisions of the Treaty on the European Union and the Treaty on the Functioning of the European Union. The characteristics of the administrative contract which make it a good means of establishing an administrative-legal relationship are also presented. Of particular importance is the opportunity of creating the content of the relationship by the entities involved. This enables the formation of individual provisions adapted to a specific case. At the same time, because the consent of both parties is needed to conclude a contract, such an administrative contract protects the interests of both parties to the legal relationship. Public administration’s ability to act in spe­cific situations must be ensured and for that reason the administrative contract will probably develop further.

scholarly journals Characteristics of Precedent: The Case Law of the European Court of Justice in Three Dimensions

2015 ◽  
Vol 16 (5) ◽  
pp. 1073-1098 ◽  
Author(s):  
Mattias Derlén ◽  
Johan Lindholm
Keyword(s):  
European Union ◽  
Case Law ◽  
Three Dimensions ◽  
Eu Law ◽  
The European Union ◽  
European Union Law ◽  
Court Of Justice ◽  
European Court ◽  
Number Of Factors ◽  
The One

AbstractThe case law of the Court of Justice of the European Union (CJEU) is one of the most important sources of European Union law. However, case law's role in EU law is not uniform. By empirically studying how the Court uses its own case law as a source of law, we explore the correlation between, on the one hand, the characteristics of a CJEU case—type of action, actors involved, and area of law—and, on the other hand, the judgment's “embeddedness” in previous case law and value as a precedent in subsequent cases. Using this approach, we test, confirm, and debunk existing scholarship concerning the role of CJEU case law as a source of EU law. We offer the following conclusions: that CJEU case law cannot be treated as a single entity; that only a limited number of factors reliably affect a judgment's persuasive or precedential power; that the Court's use of its own case law as a source of law is particularly limited in successful infringement proceedings; that case law is particularly important in preliminary references—especially those concerning fundamental freedoms and competition law; and that initiating Member State and the number of observations affects the behavior of the Court.

scholarly journals The Principle of Sustainable Development as the Basis for Weighing the Public Interest and Individual Interest in the Scope of the Cultural Heritage Protection Law in the European Union

2021 ◽  
Vol 13 (7) ◽  
pp. 3985
Author(s):  
Adam Kozień
Keyword(s):  
European Union ◽  
Sustainable Development ◽  
Cultural Heritage ◽  
Public Interest ◽  
Legal Protection ◽  
Individual Interest ◽  
The European Union ◽  
European Union Law ◽  
Environmental Aspect ◽  
The Public

The concept of sustainable development is widely used, especially in social, environmental and economic aspects. The principle of sustainable development was derived from the concept of sustainable development, which appears in legal terms at the international, EU, national and local levels. Today, the value of cultural heritage that should be legally protected is indicated. A problematic issue may be the clash in this respect of the public interest related to the protection of heritage with the individual interest, expressed, e.g., in the ownership of cultural heritage designates. During the research, scientific methods that are used in legal sciences were used: theoretical–legal, formal–dogmatic, historical–legal methods, as well as the method of criticism of the literature, and legal inferences were also used. The analyses were carried out on the basis of the interdisciplinary literature on the subject, as well as international, EU and national legal acts—sources of the generally applicable law. Research has shown that the interdisciplinary principle of sustainable development, especially from the perspective of the social and auxiliary environmental aspect, may be the basis for weighing public and individual interests in the area of legal protection of cultural heritage in the European Union. It was also indicated that it is possible in the situation of treating the principle of sustainable development in terms of Dworkin’s “policies” and allows its application not only at the level of European Union law (primary and secondary), but also at the national legal orders of the European Union Member States.

European Union Law

2021 ◽  
Author(s):  
Robert Schütze
Keyword(s):  
European Union ◽  
Competition Law ◽  
Free Movement ◽  
The European Union ◽  
Constitutional History ◽  
European Union Law ◽  
The Past ◽  
Part Structure ◽  
Free Movement Of Goods ◽  
Substantive Law

European Union Law uses a distinctive three-part structure to examine the constitutional foundations, legal powers, and substantive law of the European Union. This third edition includes an updated dedicated chapter on the past, present, and future of Brexit. Part I looks at the constitutional foundations including a constitutional history and an examination of the governmental structure of the European Union. Part II looks at governmental powers. It covers legislative, external, executive, judicial, and limiting powers. The final part considers substantive law. It starts off by examining the free movement of goods, services, and persons. It then turns to competition law and finally ends with an analysis of internal and external policies.

Sign in / Sign up

Export Citation Format

Share Document