scholarly journals Analiza regulacji prawnych w zakresie wykorzystania GMO

2017 ◽  
Vol 108 ◽  
pp. 157-168
Author(s):  
Martyna Stępień
Keyword(s):  
Genetic Engineering ◽  
International Law ◽  
Biological Diversity ◽  
Convention On Biological Diversity ◽  
Legal Regulations ◽  
Eu Law ◽  
International Regulations ◽  
The Creation ◽  
Polish Law ◽  
The Eu

ANALYSIS OF LEGAL REGULATIONS RELATIVE TO THE USE OF GMOSThe aim of this article is to present and analyse the regulation of international law, EU law and Polish law, related to GMOs. The most important moment for the creation of international regulations was the adoption of the Convention on Biological Diversity. Within the EU there are lots of directives and regulations to protect against the risks related to the use of GMOs. In Poland there is the lack of acomprehensive law in the field of genetic engineering, currently there are several acts adopted in the form of alaw, which relate to various aspects of GMOs.

A Union of Peoples

2020 ◽  
Author(s):  
Pavlos Eleftheriadis
Keyword(s):  
European Union ◽  
International Law ◽  
Political Theory ◽  
Domestic Institutions ◽  
Eu Law ◽  
The European Union ◽  
Rival Theory ◽  
Law Of Nations ◽  
Domestic Law ◽  
The Eu

This book offers a legal and political theory of the European Union. Many political and legal philosophers compare the EU to a federal union. They believe that its basic laws should be subject to the standards of constitutional law. They thus find it lacking or incomplete. This book offers a rival theory. If one looks more closely at the treaties and the precedents of the European courts, one sees that the substance of EU law is international, not constitutional. Just like international law, it applies primarily to the relations between states. It binds domestic institutions directly only when the local constitutions allow it. The member states have democratically chosen to adapt their constitutional arrangements in order to share legislative and executive powers with their partners. The legal architecture of the European Union is thus best understood under a theory of dualism and not pluralism. According to this internationalist view, EU law is part of the law of nations and its distinction from domestic law is a matter of substance, not form. This arrangement is supported by a cosmopolitan theory of international justice, which we may call progressive internationalism. The EU is a union of democratic peoples, that freely organize their interdependence on the basis of principles of equality and reciprocity. Its central principles are not the principles of a constitution, but cosmopolitan principles of accountability, liberty, and fairness,

scholarly journals Polish “Entrepreneur” and EU “Undertaking”: Multilingualism and Differences in Legal Identification

2017 ◽  
Vol 52 (1) ◽  
pp. 57-71
Author(s):  
Maciej Etel
Keyword(s):  
European Union ◽  
Member State ◽  
Precise Determination ◽  
Eu Law ◽  
The European Union ◽  
Economic Sphere ◽  
Polish Law ◽  
Legal Identification ◽  
The Eu

Abstract The European Union and its member-states’ involvement in the economic sphere, manifesting itself in establishing the rules of entrepreneurs’ functioning – their responsibilities and entitlements – requires a precise determination of the addressees of these standards. Proper identification of an entrepreneur is a condition of proper legislation, interpretation, application, control and execution of the law. In this context it is surprising that understanding the term entrepreneur in Polish law and in EU law is not the same, and divergences and differences in identification are fundamental. This fact formed the objective of this article. It is aimed at pointing at key differences in the identification of an entrepreneur between Polish and EU law, explaining the reasons for different concepts, and also the answer to the question: May Poland, as an EU member-state, identify the entrepreneur in a different way than the EU?

7. EU law: is it international law?

2020 ◽  
pp. 191-211
Author(s):  
Bruno de Witte
Keyword(s):  
International Law ◽  
Alternative View ◽  
Eu Law ◽  
Legal Nature ◽  
The Eu

This chapter examines the legal nature of EU law, i.e. its place within the realm of international law. It first presents the ‘straightforward’ view that EU law is a part (or ‘sub-system’) of international law. It then considers the ‘alternative’ view that EU law, although originating in international law, is now so distinctive that it should no longer be considered to be part of international law. It concludes with a discussion of the EU as both an object and subject of international law.

International Organizations and the EU General Data Protection Regulation

2019 ◽  
Vol 16 (1) ◽  
pp. 158-191 ◽  
Author(s):  
Christopher Kuner
Keyword(s):  
International Law ◽  
International Organizations ◽  
Data Protection ◽  
Personal Data ◽  
Eu Law ◽  
Protection Measures ◽  
General Data Protection Regulation ◽  
General Data ◽  
High Level ◽  
The Eu

The importance of personal data processing for international organizations (‘IOs’) demonstrates the need for them to implement data protection in their work. The EU General Data Protection Regulation (‘GDPR’) will be influential around the world, and will impact IOs as well. Its application to them should be determined under relevant principles of EU law and public international law, and it should be interpreted consistently with the international obligations of the EU and its Member States. However, IOs should implement data protection measures regardless of whether the GDPR applies to them in a legal sense. There is a need for EU law and international law to take each other better into account, so that IOs can enjoy their privileges and immunities also with regard to EU law and avoid conflicts with international law, while still providing a high level of data protection in their operations.

The Danger of So-Called Regulatory ‘Gold-Plating’ in Transposition of EU Law – Lessons from Poland

2017 ◽  
Vol 71 (0) ◽  
pp. 73-90
Author(s):  
Michał Jabłoński
Keyword(s):  
Legal System ◽  
Eu Law ◽  
Interesting Aspect ◽  
Gold Plating ◽  
Member States ◽  
Regulatory Policies ◽  
Domestic Legislation ◽  
Polish Law ◽  
The Cost ◽  
The Eu

Ukraine, just like Poland over thirteen years ago, is on its route to integration with the EU, which would also require a transposition of EU law into the domestic legal system. In fact, the experience of Poland and other Member States shows that transposition of EU law gives rise to several issues. One interesting aspect concerns so-called gold-plating – that is domestic legislation than goes beyond the requirements set forth in EU law. Usually, it results in a greater regulatory burden imposed on entrepreneurs. The paper discusses three examples of such gold-plating regulations in Polish law – being a consequence of implementation of the EU law. Generally speaking, gold-plating is a negative and unwelcome phenomenon. There exists extensive research that shows the cost of gold-plating for the Member States’ economies. Some of the Member States have introduced regulatory policies in order to avoid gold-plating. The analysis shows that there are several actions that need to be performed to restrict the incidence of gold-plating.

THE SYSTEM OF PUBLIC DOCUMENTS SECURITY – AN ANALYSIS OF PROPOSED REGULATIONS

2018 ◽  
Vol 30 (30) ◽  
pp. 154-191
Author(s):  
Remigiusz Lewandowski ◽  
Tadeusz Wachowski
Keyword(s):  
Literature Review ◽  
Public Security ◽  
Legal Regulations ◽  
Eu Law ◽  
State Control ◽  
Corrective Actions ◽  
The Government ◽  
Draft Bill ◽  
The Eu

Purpose: The purpose of this paper is to identify gaps and weaknesses in the proposed system of public documents security as well as to formulate corrective actions. Project and methods: The research is based on an analysis of a draft bill on public documents together with implementing acts, the literature review and publicly available data on public documents security. Results: The analysis shows that the draft has some essential weaknesses which may cause its inconsistence with the EU law and reduce the level of public documents security. These weaknesses have been identified and appropriate corrections have been proposed. Conclusions: The implementation of the analyzed legal regulations is necessary as regards public security. However, they need significant corrections. In particular, it is essential to reduce the catalogue of the 1st category of public documents, give authorization for changes in specimens of existing public documents to the Commission on public documents, fill gaps in rules of specimens designing; increase state control over the exclusive producer of blankets of public documents of the 1st category, resign from the option which enables the government to consign manufacturing of blankets of public documents of the 1st category to a producer different that the exclusive.

Sámi’s Reindeer Husbandry and EU Legislation (beyond Finland and Sweden’s Accession Treaty)

2019 ◽  
Vol 10 (1) ◽  
pp. 21-40
Author(s):  
Enrico Albanesi
Keyword(s):  
International Law ◽  
Indigenous People ◽  
Indigenous Peoples ◽  
Natura 2000 ◽  
Eu Law ◽  
Reindeer Husbandry ◽  
Unanimous Vote ◽  
Eu Legislation ◽  
Domestic Legislation ◽  
The Eu

The 1995 Treaty concerning the accession of Finland and Sweden to the EU makes some express exceptions for their domestic legislation vis-à-vis EU legislation regarding some aspects of traditional reindeer husbandry carried out by the Sámi people. However, other fields in the EU law lack an express regulation concerning reindeer husbandry and this has led to much controversy. In Sweden, legislation on EU Natura 2000 areas identifies reindeer herders as stakeholders among many others, i.e. it does not as such address the Sámi as indigenous people. In Finland, the Act on Metsähallitus was amended in 2016 to be in compliance with EU trade laws; however, the new Act does not recognise any special status of the Sámi as indigenous people, giving rise to concerns especially with regards to reindeer husbandry. The extension of Protocol No 3 to the Accession Treaty to other matters by a unanimous vote of the Council could be a solution to protect Sámi’s reindeer husbandry vis-à-vis EU legislation. Simultaneously, EU legislation should be interpreted in the light of the relevant rules of international law concerning indigenous peoples.

The EU and Environmental Multilateralism: The Case of Access and Benefit-Sharing and the Need for a Good-Faith Test

2014 ◽  
Vol 16 ◽  
pp. 109-142
Author(s):  
Elisa Morgera
Keyword(s):  
Biological Diversity ◽  
Environmental Law ◽  
Good Faith ◽  
Benefit Sharing ◽  
Convention On Biological Diversity ◽  
International Environmental Law ◽  
Access And Benefit Sharing ◽  
Adoption And Implementation ◽  
Legal Principle ◽  
The Eu

AbstractThis chapter discusses the need for a good-faith test for assessing the legitimacy of ongoing and future EU initiatives aimed at contributing to the development and implementation of international environmental law. A test that is based on the international legal principle of good faith may serve to better understand when the EU is effectively supporting environmental multilateralism to the benefit of the international community, rather than seeking to unduly influence it purely for its own advantage. The test is developed mostly on the basis of EU efforts of contributing to climate change multilateralism, and is applied to a much less studied case: the adoption and implementation of the Nagoya Protocol on Access to Genetic Resources and Benefit-sharing under the Convention on Biological Diversity.

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