scholarly journals POJĘCIE RYZYKA I JEGO UMIEJSCOWIENIA (LOKALIZACJI) W PRAWIE UBEZPIECZEŃ GOSPODARCZYCH

2017 ◽  
Vol 4 (2) ◽  
pp. 237
Author(s):  
Dariusz Fuchs
Keyword(s):  
Legal System ◽  
Commercial Insurance ◽  
Community Law ◽  
Polish Law

THE NOTION OF RISK AND ITS PLACEMENT IN THE COMMERCIAL INSURANCE LAWSummaryThe article presents the notion of risk in the act on insurance activity, the adoption of which constitues an example of the absorption acquis. It has been noticed that the notional dispersion of risk present in the Polish law is inevitable even if certain connotations may bring about some reservations. A specific example of an implementation of the community law is the concept of placement of risk, which has two main functions in the Polish legal system: it is a connecting factor indicating relevant norms of competence and it serves as legal limitations for the supervisory body within the community freedom of rendering services. A review of the Polish legislation in this respect made the author to formulate remarks de lege ferenda. 

Other types of secondary legislation immediately place legal obligations directly into the legal system of all Member States. These are binding in their entirety and said to be directly applicable. Still other types place legal obligations directly upon certain named States, individuals and organisations. (4) The treaties, regulations and directives enacted by the Union do not directly state that they give individuals rights that they can enforce in their national courts. These legal rules are addressed in the first place to the Union and the Member State. Yet under the founding treaties Member States are expected to enforce the rights, liabilities and powers that are a consequence of membership in national courts. The ECJ has developed the concept of direct effect which describes EC primary or secondary law that give individuals rights that are enforceable in their national courts. Set criteria have to be present. Direct effect is easier to prove in relation to regulations than it is in relation to articles and directives. The criteria demand that: • the rule does not require any action from the State (and directives do); and • that the right to be enforced is clear and precise and can be activated without recourse to the State (which is not the automatic case in relation to articles in a treaty concluded at State level or a directive issued to the State demanding certain outcomes within a timescale). However, articles and directives considered on a case by case basis by the European and national courts have been held to give individuals rights. The case of Van Gend en Loos discussed later in this chapter deals with direct applicability and direct effect of articles. (5) A major difficulty is caused by the lack of uniformity of terms in relation to ‘directly applicable’ and ‘direct effect’. ‘Directly applicable’ is the phrase used in Article 249 (formerly 189) of the EC Treaty to refer to the process by which Community law of certain types is immediately and automatically part of the legal system of Member States as soon as it is created in the EC. ‘Direct effect’, which is not a phrase occurring in any of the treaties, is the phrase consistently used in the ECJ in two senses to refer to: • the process by which individuals acquire rights they can enforce in national courts (against other individuals—horizontal direct effect, and against the State itself—vertical direct effect); and • the process by which EC law is immediately and automatically part of the legal system of Member States as soon as it is created in the EC. This is confusing, especially as some Community law that is created by Article 249 (formerly 177) of the EC Treaty is not said in the Treaty to be directly applicable in the sense of immediately and automatically becoming part of the legal system of Member States. Yet the ECJ has held that such law can, if certain criteria are present, have direct effect. In fact, they have gone one step further and constructed the concept of indirect effect. It is indirect precisely because the law is not directly applicable but somehow an individual can enforce it in a national court.

2012 ◽  
pp. 157-157
Keyword(s):  
Direct Effect ◽  
Legal System ◽  
National Court ◽  
State Level ◽  
The State ◽  
Member States ◽  
Community Law ◽  
National Courts ◽  
Legal Obligations ◽  
The Right

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.

Europeanisation of Polish Law Following Poland’s Accession to the European Union

2017 ◽  
Vol 71 (0) ◽  
pp. 61-71
Author(s):  
Robert Grzeszczak
Keyword(s):  
European Union ◽  
Legal System ◽  
The European Union ◽  
National Legal System ◽  
Before And After ◽  
The Government ◽  
Polish Law ◽  
Two Stages ◽  
The Relationship ◽  
The Eu

The article concerns primarily the effects of the membership of the European Union on national (Polish) law and, to a limited extent, on the political system of a state. The conclusions presented in the article are of universal value. Although the article deals with Polish affairs, the principles, tendencies and consequences identified are typical of the relationship state – the EU, both before and after accession, regardless of the state concerned. It should be, however, noted that the path to membership and the membership itself are different in each case. The practice of the Polish membership of the European Union, its systemic dimension and the changes in the national legal system (Europeanisation) do not differ significantly than in the case of other Member States. Europeanisation of Polish law, politics, economy, culture and society has been in progress since the 1990s. One can differentiate between two stages of Europeanisation: before and after Poland’s EU accession, each characterised by different conditions. Over time, this process, on the whole, has been undergoing numerous changes but it has never weakened in importance. Poland faces issues such as poor legitimation of integration processes, supremacy of the government over the parliament, passivity of parliamentary committees in controlling the government and EU institutions in the decision making process, as well as dilution of responsibility for decisions taken within the EU. The process of Europeanisation relies mostly on direct application of the standards of EU law in the national legal system, implementation of directives into national law and harmonisation or standardisation of national legal solutions so that they comply with the EU framework. It is also reception of a common, European (Union) axiology.

From a pragmatic point of view there is a need to accept this confusion, and seek to derive the meaning of the phrase from its context. Some legal academics advise forgetting the issue, which is like running away, and does create further confusion. The courts use the phrase synonymously. The EC Treaty, however, remains silent about individual rights in national courts and only uses the term ‘direct applicability’ to refer to the process by which EC law is immediately and automatically part of the legal system of Member States as soon as it is created in the EC. For the purposes of explaining some of the issues surrounding EC law, this text will assume the artificial distinction between direct applicability and direct effect. It will assume therefore that ‘directly applicable’ applies to the process of automatic assimilation into the legal systems of Member States and that ‘direct effect’ refers to individuals deriving rights from Community law enforceable in national courts. Remember, however, that the terms tend to be conflated. These matters will now be set out as a series of tables and diagrams to assist you in the development of understanding.

2012 ◽  
pp. 158-159
Keyword(s):  
Direct Effect ◽  
Legal System ◽  
Point Of View ◽  
Individual Rights ◽  
Member States ◽  
Community Law ◽  
National Courts ◽  
Running Away ◽  
Ec Law ◽  
Direct Applicability

Balancing Culture and Competition: State Support for Film and Television in European Community Law

2008 ◽  
Vol 10 ◽  
pp. 35-67 ◽  
Author(s):  
Rachael Craufurd Smith
Keyword(s):  
European Community ◽  
Legal System ◽  
Culturally Relevant ◽  
State Support ◽  
Community Law ◽  
Goods And Services ◽  
Film And Television ◽  
Competition State ◽  
The Impact ◽  
European Community Law

Although the european Community Treaty does not contain a specific chapter or article dedicated to the audiovisual sector, European Community law has had a significant impact on the way in which Member States regulate their film and television industries. Given the commercial nature and international reach of many media goods and services this should not be surprising, but Community oversight has here been particularly controversial because of the importance ascribed to cultural and political considerations. This article examines how such considerations have been accommodated within the European Community legal system and the impact that Community law has had on domestic audiovisual policies in practice. It focuses on those measures introduced by states to support their domestic film and television industries and to ensure that domestic audiences have access to films and television programmes that are culturally relevant and meaningful.

scholarly journals Minor Victim Representation in Cases of Crimes Committed by Family Members in Polish Law

2020 ◽  
Vol 29 (5) ◽  
pp. 181
Author(s):  
Kamil Łakomy
Keyword(s):  
Legal System ◽  
Family Members ◽  
Criminal Court ◽  
Private Law ◽  
Legal Regulations ◽  
Public And Private ◽  
Polish Law ◽  
A Minor ◽  
Procedural Rights

<p>The study presents the current legal regulations and problems with the implementation of procedural rights of a minor victim in the case of crimes committed by members of his family in the Polish legal system. The presented issue concerns the necessity to apply provisions contained in various acts, both public and private law. The author discusses the most important judgements of Polish jurisprudence in the indicated scope, emphasizing, however, that many aspects of the discussed issues, of a procedural nature, have still not been regulated. The conclusions include <em>de lege ferenda</em> postulates concerning, i.a., the transfer to the criminal court of the competence to appoint a guardian <em>ad litem</em> for disadvantaged minors.</p>

scholarly journals Cyberprzestrzeń w stanach nadzwyczajnych w Polsce - perspektywa porównawcza

Politeja ◽  
2020 ◽  
Vol 17 (4(67)) ◽  
pp. 110-127
Author(s):  
Agnieszka Warchoł
Keyword(s):  
Legal System ◽  
States Of Emergency ◽  
The Republic ◽  
Polish Law

Cyberspace in States of Emergency in PolandThe aim of the article is to present cyberspace in the regulations on states of emergency in the legal system in Poland. The Constitution of the Republic of Poland in Chapter IX regulates the issue of “States of emergency”. Each of these situations is also regulates by separate acts. The article presents these acts and answers the question why “cyberspace” was introducted into the Polish law in these acts. The article is divided into several parts – introduction, information about the amendment act, and finally the discussion of individual acts.

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