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 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 eGovernment as an element of the right to good administration

2018 ◽  
Vol 331 ◽  
pp. 29-39
Author(s):  
Justyna Matusiak ◽  
Marcin Princ
Keyword(s):  
European Union ◽  
Fundamental Rights ◽  
The European Union ◽  
European Union Law ◽  
Reasonable Time ◽  
Charter Of Fundamental Rights ◽  
Right To Good Administration ◽  
Administrative Proceedings ◽  
The Right ◽  
Procedural Rights

The right to good administration constitutes an established principle of European Union law, which includes the procedural rights of stakeholders in administrative proceedings, the result of which may affect their interests. Article 41 of the European Union Charter of Fundamental Rights states that every person has the right to have his or her affairs handled impartially, fairly and within a reasonable time by the institutions and bodies of the Union. When it comes to reasonable time of handling the case one can ask if eGovernment solutions are the guarantee of such a right. eGovernment understood as the use of all kinds of electronic means of communication, in particular, however, the Internet, improves services provided by the state to its citizens. The usage of IT technology in public administration allows it to perform its activities in a more efficient way. This improvement applies not only to the communication between parties but also to the quality of citizens’ life. To sum up, one can ask the question if the European right to good administration can be understood as the right to eGovernment solutions and if so, to what extent. Which services and technical solutions should be guaranteed as ones ensuring challenges of good administration?

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 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.

A Treaty Law Perspective on Intra-EU BITs

2016 ◽  
Vol 17 (6) ◽  
pp. 964-983 ◽  
Author(s):  
Christina Binder
Keyword(s):  
European Union ◽  
The Other ◽  
Bilateral Investment Treaties ◽  
Eu Law ◽  
The European Union ◽  
European Union Law ◽  
Member States ◽  
New Member States ◽  
Treaty Law ◽  
The Eu

The Commission of the European Union (EU) sees intra-EU bilateral investment treaties (BITs) as incompatible with the overall structure of European Union law. Against this background, certain Member States have started to terminate their treaties. Also, some of the new Member States have, in their role as Respondents in intra-EU BIT arbitrations, asserted inter alia that the intra-EU BITs had been automatically terminated upon their accession to the EU and that BIT provisions were inapplicable because of the operation of EU law. This contribution deals with these questions from a treaty law perspective and examines the alleged conflict between EU law and intra-EU BITs in investment cases as well as the consensual termination of intra-EU BITs, including the sunset clauses incorporated therein. It argues that if intra-EU BITs are already ‘in action’, their protection usually persists. On the other hand, investors enjoy only limited protection when States agree to terminate an intra-EU BIT by consent.

E-health developments in the system of health services in Hungary and the European Union

2014 ◽  
Vol 155 (21) ◽  
pp. 822-827
Author(s):  
Ágnes Váradi
Keyword(s):  
Health Care ◽  
European Union ◽  
Public Discourse ◽  
Action Plan ◽  
Fundamental Rights ◽  
Public Health Care ◽  
The European Union ◽  
Contemporary Issue ◽  
Definition Of ◽  
Basic Features

The question of electronic solutions in public health care has become a contemporary issue at the European Union level since the action plan of the Commission on the e-health developments of the period between 2012 and 2020 has been published. In Hungary this issue has been placed into the centre of attention after a draft on modifications of regulations in health-care has been released for public discourse, which – if accepted – would lay down the basics of an electronic heath-service system. The aim of this paper is to review the basic features of e-health solutions in Hungary and the European Union with the help of the most important pieces of legislation, documents of the European Union institutions and sources from secondary literature. When examining the definition of the basic goals and instruments of the development, differences between the European Union and national approaches can be detected. Examination of recent developmental programs and existing models seem to reveal difficulties in creating interoperability and financing such projects. Finally, the review is completed by the aspects of jurisdiction and fundamental rights. It is concluded that these issues are mandatory to delineate the legislative, economic and technological framework for the development of the e-health systems. Orv. Hetil., 2014, 155(21), 822–827.

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