Polish model of judicial review of decisions taken by the President of the Office of Competition and Consumer Protection

2018 ◽  
Vol 5 (2) ◽  
pp. 101
Author(s):  
Beata Agnieszka MADEJ
Keyword(s):  
Research Methods ◽  
Consumer Protection ◽  
Design Research ◽  
Research Effort ◽  
Civil Law ◽  
Consumer Law ◽  
Efficient Management ◽  
Complex Process ◽  
Unique Nature ◽  
The Impact

Aim: The research effort in the aspect of a model of a court control of a decision issued by the President of the Office for Competition and Consumer Protection is predominantly supported by significance and importance of applicable legal solutions in practice. The research was aimed at evaluating the model of court control of decisions of the OCCP President. Design / Research methods: Due to the scope of the research covered by the author, the core research methods is the dogmatic method. Because of the theoretical and legal nature of the considerations, the main method used in the research was the method of analytical and dogmatic legal research method. Conclusions / findings: The research shows that it is a complex process to assess the effectiveness of the model for court control of the OCCP President's decisions which is used, in particular in terms of ensuring full and effective guarantee and protection of entrepreneurs' rights. One should agree that the arguments raised by both proponents and antagonists of transformation of the applicable legal solutions seem justified.  Observations from two systems: the model of a control exerted by common court and administrative courts in the context discussed in the paper leads representatives of case law to formulating justified demands for changing the existing model.   Originality / value of the article: The unique nature of competition and consumer law cases is expressed in the hybrid nature of the proceedings run before the OCCP President and, later on, before common courts.  The legislator determined the particular procedure for verifying the governance forms of the impact of the President, which is particularly justified by the nature of competition and consumer protection cases and classifying them formally to civil law cases. Proceedings before the competition and consumer protection court is the first instance proceedings with the purpose of recognising the technical aspects of the case in the light of the civil law provisions. The deliberations presented in the paper clearly lead to the conclusion that submission of the decisions made in competition protection cases to the control of common court is decisive for its scope and applied criteria and, except for legality, criteria such as usefulness, applicability or efficient management are also applied by court. Implications of the research: The deliberations presented in the paper may contribute to initiate works on the transformation of the model for controlling decisions of Polish competition bodies by court.

scholarly journals Responsibility for employees as a challenge for contemporary organizations

2019 ◽  
Vol 3 (1) ◽  
pp. 207
Author(s):  
Magdalena Wróbel
Keyword(s):  
Human Capital ◽  
Competitive Advantage ◽  
Research Methods ◽  
Design Research ◽  
Statistical Data ◽  
Literature Study ◽  
Good Practices ◽  
Iso 26000 ◽  
Labor Practices ◽  
The Impact

Aim: The paper considers the issue of responsibility on the part of contemporary organizations for their employees. In her paper, the author described ISO 26000 guidelines for organizations concerning labor practices and the impact of these guidelines on competitiveness of organizations. The paper also analyzed labor practices implemented by firms in Poland in the years 2013-2015. Design / Research methods: Based on statistical data and literature study as well as Responsible Business in Poland. Good practices reports., the period 2013-2015 is considered for analysis. Conclusions / findings: Entrepreneurs in Poland seem to take more responsibility for employees, while recognizing the key role played by human capital in building competitive advantage of an organization. This also supports the company’s image and competitiveness, while improving employee loyalty.

scholarly journals EXEMPTION PROVISIONS AND THE CONSUMER PROTECTION ACT, 2008: SOME PRELIMINARY COMMENTS

Obiter ◽  
2014 ◽  
Author(s):  
Mark Tait ◽  
Stephen Newman
Keyword(s):  
Consumer Protection ◽  
Standard Form ◽  
Tourism Industry ◽  
Negative Consequences ◽  
Shopping Malls ◽  
Tourist Attractions ◽  
Consumer Law ◽  
Consumer Protection Act ◽  
Parking Garages ◽  
The Impact

Suppliers have found it most convenient to reduce their risk of liability by inserting a provision in their contracts with consumers – be it in a written and signed contract or in the form of a displayed notice – in terms of which suppliers are exempted from liabilities they would otherwise be obliged to accept. Exemption of liability provisions are often contained in standard-form contracts but also in notices displayed at public venues such as hotels, restaurants, shopping malls, parking garages, entertainment complexes, tourist attractions and even petrol-service stations. The same may probably be said of a host of other suppliers, including suppliers of tourism services. It is not surprising, therefore, that a significant factor in the development of consumer law in general can be “ascribed to legislative responses to business disclaimers of accountability for negative consequences attendant upon their dealings with consumers”.The Consumer Protection Act 68 of 2008 (CPA) introduced a number of provisions which impact on the use by suppliers of provisions that aim to exclude the liability of suppliers for harm to consumers caused through the negligence of the supplier. The CPA defines a supplier in section 1 as: “a person who markets any goods or services”. To market is defined as: “to promote or supply any goods or services”.This note seeks to provide a conceptual framework for the understanding and application of relevant provisions of the CPA to exemption provisions. The impact is considered within the context of the tourism industry in order to illustrate some of the practical consequences of the CPA on the use of exemption provisions. The note does not seek to question whether exemption provisions are contrary to public policy per se.

Clarification of research design, research methods, and research methodology

2018 ◽  
Vol 36 (3) ◽  
pp. 237-258
Author(s):  
Sawsan Abutabenjeh ◽  
Raed Jaradat
Keyword(s):  
Public Administration ◽  
Research Methods ◽  
Research Design ◽  
Research Methodology ◽  
Design Research ◽  
Comparison Analysis ◽  
Specific Design ◽  
New Public ◽  
The Social ◽  
The Impact

Research design is a critical topic that is central to research studies in science, social science, and many other disciplines. After identifying the research topic and formulating questions, selecting the appropriate design is perhaps the most important decision a researcher makes. Currently, there is a plethora of literature presenting multiple approaches to the formulation of research design. Although the existence of multiple approaches is a powerful source in the development of a research design, new public administration (PA) researchers and students may see it as a source of confusion because there is a lack of clarity in the literature about the approaches to research design, research methods, and research methodology in the social sciences. The purpose of this research paper is to lessen the confusion over research design and offer a better understanding of these approaches. The comparison analysis obtained in this research can provide guidance for PA researchers, students and practitioners when considering the research design most appropriate for their study. To achieve the research purpose, a comparison analysis was conducted to study the differences in research design perspectives and approaches. Three dominant works related to research design, by Earl R. Babbie, Elizabethann O’Sullivan et al., and John W. Creswell, were selected as representative of the wide array of approaches in the PA literature. In identifying similarities and differences across the scholars’ approaches, the analysis includes: (a) definitions of and steps in research design, and (b) the perspectives on research methods and research methodology. The analysis showed that research design approaches are convergent and divergent and that it is necessary for PA researchers and students to be knowledgeable about the various research design approaches before selecting a specific design for their research. An example scenario was provided to show the impact of different perspectives on research design in the PA literature.

Part F Cross-Border Issues, 42 Cross-Border Financial Services, Consumer Protection, and Unfair Contract Terms

2015 ◽  
Author(s):  
Proctor Charles
Keyword(s):  
Consumer Protection ◽  
Financial Services ◽  
Customer Relationship ◽  
Financial Instruments ◽  
Trading System ◽  
Consumer Law ◽  
Cross Border ◽  
Multilateral Trading System ◽  
Rome I ◽  
The Impact

This chapter considers the provisions of Rome I that deal specifically with financial instruments and contracts for the provision of financial services. It discusses the background to Rome I and its consumer protection rules; the meaning of ‘financial instruments’ for Rome I purposes; contracts concluded within a multilateral trading system (Articles 4(1)(h) and 6(4)(e)); consumer law exemptions applicable to financial instruments, rights issues, and takeover offers (Article 6(4)(d)); the consumer law exemption relating to foreign services (Article 6(4)(a)); the banker-customer relationship; and the impact of domestic consumer laws.

scholarly journals Artifical Intelligence as Disruption Factor in the Civil Law: Impact of the use of Artifical Intelligence in Liability, Contracting, Competition Law and Consumer Protection with Particular Reference to the German and Indonesian Legal Situation

Yuridika ◽  
2021 ◽  
Vol 36 (1) ◽  
pp. 235
Author(s):  
Stefan Koos
Keyword(s):  
Artificial Intelligence ◽  
Consumer Protection ◽  
Civil Law ◽  
Competition Law ◽  
Special Focus ◽  
Artifical Intelligence ◽  
Private Autonomy ◽  
Definition Of ◽  
Subjective Rights ◽  
The Impact

The Article describes the impact of artificial intelligence in different areas of the civil law, namely tort law, contract law, antitrust law and consumer protection law. It shows that the use of artificial intelligence already leads to legal constellations, which cannot longer easily subsumized under elementary terms of the civil law and therefore cause a real disruption in the civil law. Terms, which are based on a freedom concept of the subjective rights of the actors, such as private autonomy and contractual will not fit anymore to the activity of artificial intelligence systems the more those systems are able to act independant of human actors. Similar applies to terms which are referring to the freedom of decision like the market behaviour in the competition law. The article discusses several solution approaches, such as personification approches, agent-principal approaches and the definition of new categories of market and contractual acting. In the consumer protection the special focus in the future legal development will be on the problem how to achieve adequate, though not overflowing, transparency for consumers, especially regarding the combination of big data and algorithms.

scholarly journals The Concept of Transnational Consumer Law in the Modern World

Lex Russica ◽  
2019 ◽  
pp. 20-28 ◽  
Author(s):  
O. V. Muratova
Keyword(s):  
Consumer Protection ◽  
Social Regulation ◽  
Modern World ◽  
American Business ◽  
Consumer Law ◽  
Contractual Relationship ◽  
Contractual Relations ◽  
Lex Mercatoria ◽  
The Impact ◽  
The Eu

The article is devoted to the analysis of changes that have taken place in the regulation of cross-border contractual relations with the participation of consumers in connection with the development of information and telecommunication technologies and e-commerce. The author examines the concept of «transnational online contract» and the influence of a «digital element» on the characteristics of contractual relations. Also, the paper provides for the classification of online contracts with due regard to: 1) the subject matter of the online contract; 2) characteristics of the parties involved in the online contractual relationship; 3) the process of concluding and executing the online contract.Attention is drawn to the fact that new methods of conclusion of contracts has predetermined the emergence of new approaches to qualification of certain aspects of contractual relations between the parties, in particular, it concerns determining the moment of contract conclusion, distinguishing between offer and invitation to offer in online interaction, assessing the validity of online contracts and dispute resolution mechanisms online.The article analyzes the impact of globalization of trade on consumer markets, mechanisms of regulation of transnational consumer relations in the context of e-commerce. It is noted that globalization of trade has pointed to the need to develop a transnational approach to the regulation of e-commerce, to unify and harmonize relevant legal instruments. The author examines the steps taken in this direction within the framework of UNCITRAL, the EU, by the representatives of American business. It is concluded that the US policy concerning consumer protection is aimed at implementation of economic interests of business, which promotes competition and commercial prosperity in the market, but at the same time puts consumers at risk when concluding online contracts. This approach runs counter to the EU policies that promote implementation of social regulation in order to maximize consumer protection.The authors consider Lex mercatoria as a separate source of transnational consumer law.

Dampak Covid 19 Terhadap Praktik Jual-Beli:

2020 ◽  
Vol 5 (1) ◽  
pp. 27-47
Author(s):  
Sitti Aisyah. M Aisyah ◽  
Sappaemi
Keyword(s):  
Qualitative Research ◽  
Research Methods ◽  
Business Strategy ◽  
Qualitative Research Methods ◽  
Business Practice ◽  
Corona Virus ◽  
The Impact ◽  
Islamic View

The Corona virus pandemic exploited by irresponsible elements.  They do a cunning business strategy, which is to hoard goods, in fiqhi terms known as iḥtikār. In the Islamic view, iḥtikār is a prohibited business practice and will be met with a painful punishment in the afterlife.  The purpose of this paper is to provide an understanding about the impact of COVID 19 on the practice of buying and selling (iḥtikār).  This paper uses qualitative research methods in the form of library reseach using the shar'i approach.  From this study it can be concluded that the behavior of hoarding goods with the aim of reselling them at high prices to obtain large profits.  In Islamic Shari'ah, iḥtikār‘s law is haram because it contains elements that harm others.  This is very clearly stated in QS al-Humazah/109: 1-2 and punished by sin as stipulated in the hadith of the Messenger of Allah.

Bid rigging in public procurement market according to the decisions of the President of the Office of Competition and Consumer Protection

2018 ◽  
Vol 5 (2) ◽  
pp. 161
Author(s):  
Konrad RÓŻOWICZ
Keyword(s):  
Decision Making ◽  
Comparative Analysis ◽  
Consumer Protection ◽  
Design Research ◽  
Public Procurement ◽  
Appeal Chamber ◽  
Interesting Issue ◽  
Market Control ◽  
The Public ◽  
Bid Rigging

Aim: In the practice of awarding public contracts, sometimes the behavior of market actors, instead of competing with other entities, are aimed at illegal cooperation, including bid rigging. The above shows that healthy competition is not possible without efficient market control. In public procurement market this control is, primarily, carried out by public procurement entities: the President of the Public Procurement Office (Prezes UZP) and the National Appeal Chamber (KIO), and furthermore by President od the Office of Competition (Prezes UOKiK) and Consumer Protection and the Court od Competition and Consumer Protection. and Consumer Protection (SOKiK). The interesting issue is how the activities of the President of Office of Competition and Consumer Protection targeted  to contend with bid rigging affects on the activities of President of the Public Procurement Office (Prezes UZP) or the National Appeal Chamber (KIO). Design / Research methods: analysis and comparison decisions/ judgment issued by the President of the Public Procurement Office, National Appeal Chamber, the President of  the Office of Competition and Consumer Protection and the Court of Competition and Consumer Protection. Conclusions: The analysis has shown that the existence of specificities in the activities of the decision-making bodies and the judgments examined. However, in keeping with the specificity of the forms and objectives of control, these entities should cooperate, to a greater extent than before. Expanding the scope of cooperation would make it possible to better contend with bid rigging without changing the competition protection model. The introduction of institutionalized instruments for cooperation between the authorities seems to be valuable in terms of system solutions. Value of the article: The main value of the article is the comparison of selectively selected decisions and judgments representative of the problem under consideration and their comparative analysis in order to achieve the research objectives. The article deals with issues relevant to both public procurement practitioners and the state bodies dealing with procurement matters.

Designing a creative programming unit within the elementary school core curriculum

2020 ◽  
Author(s):  
Yumiko Murai ◽  
Ryohei Ikejiri ◽  
Yuhei Yamauchi ◽  
Ai Tanaka ◽  
Seiko Nakano
Keyword(s):  
Core Curriculum ◽  
Design Research ◽  
Empirical Studies ◽  
School Curriculum ◽  
Educational Design ◽  
Current Trends ◽  
Educational Design Research ◽  
Creative Learning ◽  
Uncertain Future ◽  
The Impact

Cultivating children’s creativity and imagination is fundamental to preparing them for an increasingly complex and uncertain future. Engaging in creative learning enables children to think independently and critically, work cooperatively, and take risks while actively engaging in problem solving. While current trends in education, such as maker movements and computer science education, are dramatically expanding children’s opportunities for engagement in creative learning, comparatively few empirical studies explore how creative learning can be integrated into the school curriculum. The educational design research described in this paper focuses on a curriculum unit that enables students to engage with creative learning through computer programming activities while meeting curriculum goals. The data provided in this paper were drawn from three classroom tryouts, the results of which were used to drive an iterative design process. This paper also shares several insights on the impact of creative learning in curriculum teaching.

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