scholarly journals Process analysis transit of municipal waste. Part II - Domestic provisions of law

2017 ◽  
Vol 28 (2) ◽  
pp. 36-40
Author(s):  
Dariusz Starkowski ◽  
Paweł Bardziński
Keyword(s):  
Process Analysis ◽  
Environmental Risks ◽  
Municipal Waste ◽  
The Road ◽  
Legal Provisions ◽  
Entire Country ◽  
The Republic ◽  
Polish Law ◽  
Selective Accumulation ◽  
The Eu

Abstract In 2013, the Polish legal system referring to municipal waste management was restructured in a revolutionary way. The analysis of new provisions of law described in the article requires particular attention, taking into account their place in the entire system of dealing with waste and connections with the remaining elements of this system. At present, Polish regulations lay down the rules of conduct with all types of waste, diversifying a subjective area of responsibility. These assumptions are determined by the provisions of law that are in force in the Republic of Poland. At present, the system of legal provisions is quite complex; however, the provisions of law of the EU constitute its base (the first article). At the level of Polish law, the goals and tasks concerned with dealing with waste were set forth, which leads to tightening of the system. All actions in this respect - from propagating the selective accumulation and collection of municipal waste, keeping the established levels of recycling and recycling of packaging wastes, and limiting the mass of biodegradable waste directed at the storage - is only a beginning of the road to reduction of environmental risks. In this case, permanent monitoring of proper waste dealing in the commune, the province as well as the entire country is essential. Third part of the article will present characterization, division, classification and identification of waste, together with the aspects of logistic process of municipal waste collection and transport.

scholarly journals Regulacje prawa polskiego mające znaczenie dla działalności archiwalnej

Archeion ◽  
2020 ◽  
pp. 15-67
Author(s):  
Marek Konstankiewicz
Keyword(s):  
National Archive ◽  
International Agreements ◽  
Access To Information ◽  
Legal Regulations ◽  
Applicable Law ◽  
Legal Provisions ◽  
The Republic ◽  
Legislative Amendments ◽  
Polish Law ◽  
The Eu

Provisions of Polish law of significance to archival activities Legal provisions significantly affect archival activities, including the state of preservation and availability of archival materials. This article presents the provisions of generally applicable law in Poland as of 1 September 2020, taking into account provisions directly related to the structure of archival institutions, the protection of archival materials and the processes of shaping, developing and sharing of archival resources. These provisions can be found in the Constitution of the Republic of Poland, the Act on National Archive Resources and Archives of 1983 with secondary legislation, a range of other acts and secondary legislation to them, numerous international agreements and legal acts of the EU. It is particularly interesting that there is an increase in the number of regulations which treat archives together with other cultural assets, which locate the activities of archives in the area of general access to information. A major challenge is the dispersion of these norms across many legal acts, as well as frequent and fragmentary amendments to them. Some areas of legal regulations require more in-depth research, especially in terms of their actual impact on the activities of archives. This reflection may be useful in methodological discussions, educating archive staff at all levels and formulating proposals for legislative amendments.

scholarly journals State Aid Rules and Public Financing of Infrastructure. The Case of Autostrada Wielkopolska S.A.

2020 ◽  
Vol 10 (1) ◽  
pp. 77-96
Author(s):  
Paulina Kubera
Keyword(s):  
Public Expenditure ◽  
State Aid ◽  
Public Financing ◽  
The Road ◽  
Playing Field ◽  
Toll Road ◽  
Legal Provisions ◽  
Concession Contract ◽  
The Eu ◽  
Made In

Abstract The operation of a toll road typically involves an economic activity for which State aid rules apply. However, if the construction and operation of the road infrastructure is bundled and they are tendered out together, they usually fall outside the State aid regime. The reason for it lies in the fact that the use of competitive procurement procedures aim to increase the efficiency of public expenditure and to ensure a level playing field for private operators to compete for public contracts. Nevertheless, based on the European Commission’s decisional practice, it transpires that an economic advantage for a concession holder cannot be ruled out automatically, in particular when there are amendments made to the original agreement. On the example of the Autostrada Wielkopolska S.A. case, critical State aid issues are discussed, among others, the application of State aid rules to public financing of infrastructure, the amendments made to a concession contract in the light of the risk assignment problem, as well as the existence of State aid in the form of overcompensation for a concession holder. The considerations are carried out on the canvas of a concrete case; however, they are enriched by the analysis of relevant legal provisions as well as conclusions from the EU courts and the European Commission decisions made in similar cases.

scholarly journals Process analysis transit of municipal waste. Part I - International provisions of law

2017 ◽  
Vol 28 (2) ◽  
pp. 28-35
Author(s):  
Dariusz Starkowski ◽  
Paweł Bardziński
Keyword(s):  
European Union ◽  
Process Analysis ◽  
Waste Utilization ◽  
The European Union ◽  
Waste Streams ◽  
European Union Law ◽  
Legal Provisions ◽  
Waste Production ◽  
Legal Document ◽  
The Eu

Abstract One of the crucial reasons of the system changes of waste management in our legal system in Poland was a need to implement solutions and mechanisms that are applied in the European Union. At the European Union law level, a Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives constitutes a basic legal document described in this part of the article. The essential idea of the quoted directive is creating legal measures, promotion of eliminating waste production and treating it as a source instead. Achievement of these assumptions requires providing segregation at source and recycling of the main waste streams above all. It is necessary to encourage this action and support the reuse of products and waste utilization. Indicated international legal instruments are of primary importance for internal rules, which shall be constructed in a way that enables the achievement of goals determined by the EU law. Legal-organizational internal systems associated with the management of waste have undergone substantial changes from 2010. National legal provisions will be presented in the second part of the article.

PESCO – ON THE WAY TO A EUROPEAN SECURITY AND DEFENCE UNION OR ANOTHER DEAD END?

2018 ◽  
pp. 13-30
Author(s):  
Petra Culetto ◽  
JURE HIMELRAJH
Keyword(s):  
Political Process ◽  
Political Agenda ◽  
European Security ◽  
Comprehensive Overview ◽  
Member States ◽  
Defence Budget ◽  
Legal Provisions ◽  
Dead End ◽  
The Republic ◽  
The Eu

Povzetek Članek skuša predstaviti relativno celovit pregled dejavnikov, ki so pripeljali do Stalnega strukturnega sodelovanja, dejanski politični postopek, vključno s pravnimi določili, ki so omogočili notifikacijo v EU in v Sloveniji ter pogoji, ki bodo morali biti izpolnjeni, da bo PESCO uspešen. Decembra 2017 so članice EU, po več kot šestih desetletjih usklajevanja in dogovarjanja, naredile korak naprej in aktivirale manj vidne člene Lizbonske pogodbe ter s tem vzpostavile strukturno sodelovanje na obrambnem področju. Glavni namen PESCA je nadaljnja integracija in poglobitev sodelovanja na varnostnem in obrambnem področju. S priključitvijo PESCU so države članice potrdile svojo pravno zavezujočo odločitev da bodo izboljšale učinkovitost na področju koordinacije in sodelovanja, obrambnih investicij, izgradnje zmogljivosti in operativne pripravljenosti. Ključni dejavniki, ki bodo prispevali k uspešnosti PESCA so ohranjanje obrambnih in varnostnih vprašanj visoko na evropski politični agendi in izpolnjevanje prevzetih obveznosti. Ključne besede: Stalno strukturno sodelovanje, Evropska unija, Slovenija, obrambna industrija, obrambni proračuni Abstract This article aims at providing the reader with a fairly comprehensive overview of the conditions that had lead to PESCO, actual political process, including legal provisions, of getting PESCO notified in the EU and in the Republic of Slovenia. Also, the authors analyse conditions that need to be met for PESCO to be successful. Ever since the Second World War, the European Community has been struggling to form closer ties in the area of defence. One of the major breakthroughs took place in December 2017 when Member States activated one of the less publicized articles of the Lisbon Treaty and established a permanent structure in the area of defence. The main purpose of PESCO is further integration and strengthening of cooperation in the field of security and defence. By joining PESCO, Member States have confirmed their legally binding commitment to improve efficiency in regard to coordination and cooperation, military investment, capability development and operational readiness. For PESCO to be successful, it is crucial that the EU keeps defence issues at the top of the European political agenda as well as that Member States carry out their commitments. Key Words: Permanent Structured Cooperation, European Union, Slovenia, Defence Industry, Defence Budget

scholarly journals Ograniczenia w sprzedaży przez Internet produktów leczniczych weterynaryjnych dostępnych bez recepty

2016 ◽  
Vol 5 (8) ◽  
pp. 104-110
Author(s):  
Magdalena Bąkowska
Keyword(s):  
Mail Order ◽  
Medicinal Products ◽  
Legal Provisions ◽  
Internet Sales ◽  
Administrative Courts ◽  
Polish Law ◽  
The Eu ◽  
Veterinary Medicinal Products

The article presents binding legal provisions on the retail distribution and mail-order sales of veterinary medicinal products, which are the basis of the interpretations used by the Polish veterinary inspection and administrative courts whereby Internet sales of OTC veterinary medicinal products are not allowed under Polish law. The paper presents the legal background of this issue in order to assess the correctness of existing jurisprudence in this case. Additionally, the article comments on the expected changes to existing law in this fi eld drafted at the EU level.

Legalność religijnego uboju zwierząt w polskim porządku prawnym na tle norm prawa unijnego

2019 ◽  
Vol 1 ◽  
pp. 117-131
Author(s):  
Karolina Piech
Keyword(s):  
European Union ◽  
Legal Protection ◽  
Constitutional Court ◽  
Eu Law ◽  
The European Union ◽  
Freedom Of Conscience ◽  
Legal Norms ◽  
The Republic ◽  
Polish Law ◽  
The Eu

The article raises the issue of the constitutionality of the ritual slaughter in the Polish legal system. The author compared together the issue of freedom of religion and the legal protection of animals in the Republic of Poland. The first of the issues is the rule of freedom of conscience and religion in national law and EU law. Next, the author presented some of the regulations introduced by the act on protection of animals of 1997 and the position of the Polish Constitutional Court, and compares them with the legal norms of the European Union. An article was ended by remarks called as de lege ferenda; the author pays attention on the problems of commercial ritual slaughter and inconsistency of Polish law with the EU law.

scholarly journals Europeanization of Law in Poland from the point of view of Constitutional Law

1970 ◽  
pp. 243-250
Author(s):  
Andrzej Szmyt ◽  
Anna Rytel-Warzocha
Keyword(s):  
European Union ◽  
Constitutional Law ◽  
National Level ◽  
Point Of View ◽  
The European Union ◽  
Constitutional Amendments ◽  
The Republic ◽  
Mutual Relations ◽  
Polish Law ◽  
The Eu

The article is devoted to the challenges and problems concerning the accession of the Republic of Poland in the European Union. The authors analyze the constitutional bases of the accession to the EU as well as basic legal acts which have regulated the mutual relations between Poland and the EU. The Republic of Poland has acceded to the European Union by virtue of the Accession Treaty which was signed on 16 April 2003 in Athens and entered into force on 1 May 2004. From the point of view of constitutional law, there were several issues which concerned the preparation for EU accession at the national level. They were especially related to: 1) the establishment of legal basis allowing for the integration the law of the European Union with Polish constitutional law, 2) the harmonization of the Polish legal system with the legal order of the European Union, 3) the establishment of the ratification procedure of the Accession Treaty. All these issues required new legal regulations to be implemented to the Constitution. That was why the new Constitution of the Republic of Poland adopted on 2 April 1997 included two provisions relevant for the issues concerning the integration with the European Union - art. 90 and art. 91 para The main problems presented in the article concern the relation of Polish national law (in particular the Constitution) to the sources of primary and secondary European law, the harmonization of Polish law with EU law (constitutional amendments referring to “EU matters”, necessary amendments of statutory law and the provisions of the Standing Orders of the Sejm and the Senate), as well as institutional changes in Poland determined by the EU membership.

scholarly journals EU regulation in the area of acceptance and execution of court decisions in civil and business cases rendered in the EU member-states in the Republic of Bulgaria

2020 ◽  
pp. 1-11
Author(s):  
Nikolay Svetlozarov Dimitrov
Keyword(s):  
Process Analysis ◽  
National Court ◽  
Legal Regulation ◽  
Court Decision ◽  
Court Decisions ◽  
Eu Member States ◽  
Business Cases ◽  
The Difference ◽  
The Republic ◽  
The Eu

The subject of this research is the international legal acts in the area of acceptance and execution of decisions rendered by foreign courts, current procedural legislation of the Republic of Bulgaria, as well as research publications on this topic. The object of this research is the legal foundation and procedural actions in acceptance and execution of foreign court decisions on civil and commercial issues in the Republic of Bulgaria. The author carefully examines the rules directly related to execution and refusal to execute a court decision rendered in a member-state on the territory of Bulgaria. Special attention is given to the multiple issues pertaining to implementation of EU regulations recently passed in the area of EU civil process. Analysis of the positions dedicated to direct execution and refusal to execute a court decision is conducted in the context of the position of Brussels I Bis Regulation. The author makes following conclusions and recommendations: Bulgarian legislator needs to eliminate the difference between obligation to execute a foreign court decision and domestic court decision; it is necessary to amend the Civil Procedure Code of Bulgaria, as well as clarify the process of refusal to execute in accordance with the Article 47 of the Brussels I Bis Regulation. The author’s contribution into the research of this topic consists in the recommendation on improvements to the legal regulation and passing equal conditions for execution of foreign and national court decisions within the framework of the EU.

Proposed methodology for the assessment of groundwater chemical and quantitative status in the Republic of Belarus (in accordance with the principles of the EU Water Framework Directive)

2021 ◽  
Author(s):  
Olga Vasniova ◽  
Olga Biarozka ◽  
Andreas Scheidleder ◽  
Franko Humer
Keyword(s):  
At Risk ◽  
Water Framework Directive ◽  
Groundwater Monitoring ◽  
Eu Water Framework Directive ◽  
Monitoring Networks ◽  
National Legislation ◽  
Legal Provisions ◽  
Environmental Objectives ◽  
The Republic ◽  
The Eu

<p>Since 2018, the “European Union Water Initiative Plus for Eastern Partnership (EaP) Countries (EUWI+)” has been providing significant assistance in the development of a number of pilot projects focused on the phased implementation of the main provisions of the EU Water Framework Directive (WFD) related to groundwater monitoring in the Republic of Belarus. The implementation began with the identification (delineation) of groundwater bodies, their characterization, assessment and improvement of groundwater monitoring networks and several groundwater investigations in order to collect the necessary data to assess groundwater risk and status. Just recently, transboundary cooperation with Ukraine, resulted in the identification of common transboundary groundwater corridors and the proposal of a monitoring network for transboundary groundwater.</p><p>The next logical step in the implementation of the WFD is the assessment of the quantitative and qualitative groundwater status, which confirms whether the environmental objectives of the WFD for groundwater have been achieved. Thus, in 2020, a draft methodology for assessing the groundwater status in the Republic of Belarus in accordance with the principles of the WFD was developed.</p><p>The elaborated draft methodology defines criteria for the assessment of groundwater quantitative and qualitative status (“good” and “poor”) and the assessment of the risk (“at risk” and “not at risk”) whether the environmental objectives of the WFD cannot be achieved. The criteria consider all relevant and related national legislation and legal provisions which are in force and the assessments follow step-by-step implementation procedures.</p><p>A preliminary testing of the proposed methodology and a list of open issues that need to be solved complete the work.</p><p>The proposed methodological approach is a first attempt and needs to be thoroughly tested with available groundwater monitoring data in the coming months, both for groundwater bodies with dense monitoring networks and groundwater bodies with limited groundwater monitoring, Finally, the approach needs to be intensively discussed at national level before being implemented into national legislation.</p>

Wyzwanie dla tożsamości międzynarodowej Macedonii – grecko macedoński spór o nazwę państwa

2019 ◽  
Vol 17 (1) ◽  
pp. 333-350
Author(s):  
Artur Adamczyk ◽  
Mladen Karadzoski
Keyword(s):  
The European Union ◽  
Small Country ◽  
Main Obstacle ◽  
The Road ◽  
Republic Of Macedonia ◽  
The Republic ◽  
The Government ◽  
On The Road ◽  
International Identity ◽  
Of Greece

The main purpose of the article is to present how the Greek- -Macedonian naming dispute influenced the problem of implementation the international identity of Macedonia. Despite the initial problems of the government in Skopje related to determining their international identity, Macedonians managed to define the principles regarding the identification of a new state on the international stage. As a small country with limited attributes to shape its international position, Macedonia has basically been determined to seek guarantees for its existence and security in stable and predictable European international structures such as NATO and the European Union. The main obstacle for Macedonians on the road to Euro-Atlantic structures was the veto of Greece, a member of these organizations, resulting from Athens’ refusal to accept the name the Republic of Macedonia. The Prespa Agreement of 2018 gave a new impetus to the realization of the international identity of North Macedonia.

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