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.

scholarly journals The Court of Justice, the National Courts, and the Controversy over the ‘Ultimate Arbiter’ of the Constitutionality of Law in the European Union

2020 ◽  
Vol 8 (1) ◽  
pp. 9-41
Author(s):  
Roman Kwiecień
Keyword(s):  
European Union ◽  
Legal Status ◽  
Legal Reasoning ◽  
Eu Law ◽  
The European Union ◽  
European Union Law ◽  
National Courts ◽  
Court Of Justice ◽  
Legal Space ◽  
The One

The paper addresses the issue of a judicial forum entitled to resolve conflicts between European Union law and national constitutional rules. First and foremost, the issue is discussed under the old primacy/supremacy of EU law controversy. The author seeks to answer whether the national law, including constitutional rules, of a Member State can be ineffective owing to being contradictory to EU law. If so, by whom can national laws be held ineffective? In other words, which of the two judicial fora (national and European) have the last word in these conflicts or who is the ultimate arbiter of the constitutionality of law within the European legal space? The author argues that legal reasoning should reconcile, on the one hand, the specificity of the EU’s unique legal order and effective application of its provisions and, on the other hand, the international legal status of the Member States and their constitutions. This approach leads to the conclusion that there is no ultimate judicial arbiter within the European legal space.

Analysis of international law on Unmanned Aerial Vehicles through the prism of European Union law

2019 ◽  
Vol 4 ◽  
pp. 73-93 ◽  
Author(s):  
Mateusz Gregorski
Keyword(s):  
European Union ◽  
Unmanned Aerial Vehicles ◽  
International Law ◽  
Legal Status ◽  
Current Status ◽  
The European Union ◽  
European Union Law ◽  
Consultation Process ◽  
Aerial Vehicles ◽  
International Legal System

The paper covers the topic of unmanned aerial vehicles in European and international law. Proposed changes and planned new regulations are also included in the overview. After introducing the basic terminology, the article tackles the problem of international responsibility and legal collision. Further analysis presents the division of legal competencies connected with unmanned aviation in the international legal system. In this context the current status of the EASA consultation process has also been presented. The aim of this process is to deliver new regulations for unmanned aerial vehicles in the European Union. The article summarizes the current legal status of unmanned aviation, including also ongoing legislation processes.

scholarly journals Etyczne i prawne aspekty dopuszczalności przeprowadzania doświadczeń na zwierzętach

2017 ◽  
Vol 108 ◽  
pp. 141-156
Author(s):  
Łukasz Żukowski
Keyword(s):  
Animal Rights ◽  
Legal Status ◽  
Animal Experiments ◽  
Legal Aspects ◽  
The European Union ◽  
Animal Testing ◽  
Animal Suffering ◽  
European Union Law ◽  
Social Controversy ◽  
Polish Law

ETHICAL AND LEGAL ASPECTS OF THE ADMISSIBILITY OF CONDUCTING EXPERIMENTS ON ANIMALSArticle devoted to the legal and ethical acceptability of scientific researches using animal-based models. Philosophical and legal approach to the issue of animal rights has along history and underwent significant changes. The legal status of animals and the issue of preventing the suffering of the animals are still the subject of social controversy. Against this background, there is adebate on the scope of the necessary regulations. One of them is the issue of animal testing governed by the Law of 21 January 2005 on animal experiments. The solutions adopted in the Act are to reduce animal suffering and to adjust Polish law to the requirements of the European Union law.

scholarly journals Сonsolidation of somatic rights in international regulations

2021 ◽  
pp. 46-50
Author(s):  
M.V. Gromovchuk
Keyword(s):  
European Union ◽  
Human Rights ◽  
Legal Status ◽  
Legal Regulation ◽  
The European Union ◽  
Council Of Europe ◽  
European Union Law ◽  
Safety Standards ◽  
Normative Criteria ◽  
The Individual

The issue is topical in the context of actively expanding the list of human rights, including within the national dimension, because human rights as a dual category are subject to transformation due to the following factors: European integration processes, creating the need for integration and harmonization of Ukrainian legislation with European Union law; globalization processes, as Ukraine is a member of the world community and modern economic, environmental, legal, etc. phenomena have a direct impact on national state processes, and on the legal reality, and on the rights and freedoms of the individual. It is determined that the recognition of new human rights, the expansion of the existing list - one of the trends in the development of the legal status of the individual. And when regulating relations in the field of somatic claims through the category of human rights, it should be borne in mind that somatic human rights should be characterized by what characterizes the category of human rights in general. It is pointed out that in human history no "new right" has really been recognized without a struggle and without overcoming the fierce opposition of some "old rights". It is proved that the legal regulation of the possibility of exercising somatic rights in the international arena (primarily within the European Union) has significantly improved. Basically, we are talking about the existing basic (basic) regulations in the field we study. Thus, among the most important of them, we should first focus on such as, the Council of Europe Convention on Human Rights and Biomedicine 1997, the EU Council Recommendation of June 29, 1998 "On the suitability of blood and plasma donors and donor blood screening. in the European Community" (98/463 / EC), Directive 2004/23 / EC of 31 March 2004 on the establishment of quality and safety standards for the donation, purchase, testing, treatment, preservation, storage and distribution of human tissues and cells". That is, we believe that the Council of Europe and the European Union, as regional international organizations, have established common normative criteria for the possibility of implementing and protecting somatic human rights in general and in the field of biomedical research in particular.

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 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 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.

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