Instrumenty prawne reglamentacji obrotu nieruchomościami rolnymi w Polsce na tle regulacji wybranych państw europejskich

2018 ◽  
Vol 72 ◽  
pp. 87-100 ◽  
Author(s):  
Paweł Czechowski ◽  
Adam Niewiadomski
Keyword(s):  
Real Estate ◽  
Legal Status ◽  
European Parliament ◽  
European Countries ◽  
Free Movement ◽  
Legal Regime ◽  
Member States ◽  
Eu Member States ◽  
Free Movement Of Capital

The article presents selected legal instruments affecting the turnover of agricultural real estate in Poland. Changes since 2016 have introduced not only a new legal regime, but also numerous restrictions on the purchase of agricultural real estate. In some respects, they correspond to the resolution of the European Parliament, which encourages EU Member States to protect the agricultural nature of real estate. The current legal status, however, significantly affects the Treaty free movement of capital. In addition, it limits constitutionally protected property. The Polish regulations have been presented against the background of the regulations of selected European countries.

scholarly journals Obrót nieruchomościami rolnymi w świetle traktatowej swobody przepływu kapitału – rozważania na gruncie orzecznictwa Trybunału Sprawiedliwości Unii Europejskiej

2020 ◽  
pp. 37-46
Author(s):  
Beata Włodarczyk
Keyword(s):  
European Union ◽  
National Level ◽  
Case Law ◽  
Free Movement ◽  
General Interest ◽  
The European Union ◽  
Member States ◽  
Eu Member States ◽  
Court Of Justice ◽  
Free Movement Of Capital

The aim of the article is to outline the legal issues of trading in agricultural property in the European Union, which is entirely subject to basic treaty rules. The free movement of capital, regulated in Article 63 of the Treaty on the Functioning of the European Union, is of particular importance in relation to cross-border operations connected with trading in agricultural property. Therefore the legislation in force and applicable in EU Member States should ensure that citizens of other Member States have the possibility of exercising this freedom. However, the free movement of capital is not absolute. In the light of the established case-law of the Court of Justice of the European Union, regulations limiting free movement of capital may be introduced at national level, provided that they pursue general interest objectives and comply with the principles of proportionality and non-discrimination.

Autonomy of Public Sector Investments in the Light of the Free Movement of Capital in the EU

2014 ◽  
Vol 12 (3) ◽  
pp. 503-518
Author(s):  
Janja Hojnik
Keyword(s):  
Market Integration ◽  
Free Movement ◽  
Member States ◽  
Freedom Of Movement ◽  
Eu Member States ◽  
Financial Market Integration ◽  
The Republic ◽  
The Impact ◽  
Free Movement Of Capital ◽  
The Eu

This article deals with the impact of the EU’s endeavours to achieve financial market integration and the free movement of capital on rules of the Member States that limit autonomy of public bodies when making investment decisions. These rules have direct importance for rules such as those applicable in Slovenia which require 1,500 public entities to invest their liquid assets exceeding EUR 100,000 solely in securities of the Republic of Slovenia and not in securities of other EU Member States. In this case, they are obliged to offer their liquid assets first to the Ministry of Finance, thereby running the risk that such liquid assets would be decommitted and allocated to other public purposes. The aim of this article is to develop arguments to the effect that, in the light of the freedom of movement of capital as construed by the Court of Justice of the EU, especially in the recent case concerning Polish open pension funds (OPFs) the investment policy of indirect budget spending units should be more open – not only from the viewpoint of ensuring the EU single market but mainly from the perspective of the profitability of public finance. The security of investments can also be achieved in ways other than closing the investment market for all public entities.

scholarly journals Intra-EU Capital Movements: Ten Years Of Poland’s Experiences As An EU Member In The Global Context

2015 ◽  
Vol 18 (3) ◽  
pp. 19-35
Author(s):  
Janina Witkowska
Keyword(s):  
Free Movement ◽  
Member States ◽  
Foreign Investors ◽  
Eu Member States ◽  
Short Period ◽  
Polish Economy ◽  
Free Movement Of Capital ◽  
New Eu Member States ◽  
The Eu

The aim of this paper is to analyse and evaluate the consequences of the establishment of free movement of capital between Poland and the other EU Member States, from the perspective of ten years of Poland’s EU membership. Special attention is paid to the role of intra-EU foreign direct investment (FDI) flows into the Polish economy. The widening of the European Union (EU) in 2004 spurred massive and serious legal and economic adjustment processes in the new EU Member States. The free movement of capital is one part of the socalled ‘four freedoms’ within the single European market, and needed to be established in the relations between the EU-15 and new EU Member States. The new EU Member States were granted a relatively short period of time to make those adjustments. However, the establishment of the free movement of capital between Poland and the rest of the EU did not cause disturbances in its economy. In fact it stabilized some spheres of its economic and social life. The intra-EU FDI inflows may be seen as having facilitated the restructuring processes in the Polish economy. The role of foreign investors in employment and foreign trade is decisive for the stabilization of Poland’s economic situation. The involvement of foreign investors in innovation processes, although growing, has not radically changed Poland’s position in this field. According to the EU innovativeness rankings, Poland belongs to the rank of modest innovators.

scholarly journals Review of the Construction Labour Demand and Shortages in the EU

Buildings ◽  
2021 ◽  
Vol 11 (1) ◽  
pp. 17
Author(s):  
Belinda Brucker Juricic ◽  
Mario Galic ◽  
Sasa Marenjak
Keyword(s):  
Free Movement ◽  
Construction Sector ◽  
The European Union ◽  
Total Employment ◽  
Member States ◽  
Skill Levels ◽  
Eu Member States ◽  
Free Movement Of Workers ◽  
European Union Member States ◽  
The Eu

This paper reviews the recent literature on skill and labour shortages in the labour market with special emphasis on the construction sector in the European Union Member States, foreseeing the Construction 4.0 era. The free movement of people is one of the rights of all citizens of the EU which also includes the free movement of workers. Labour shortages in the EU are expected to increase in the future due to a declining population and an ageing workforce. In order to recognize and forecast labour shortages, EU Member states use a variety of instruments but they do not answer as to whether it is possible to use migrant labour to appease those shortages. There are several systems used to classify labour shortages in the EU Member states. Most of the countries classify labour shortages in relation to different sectors or occupation groups as well as by skill levels, but in some Member States, classification is made according to the type of employment. Instruments used to measure labour shortages significantly differ from country to country. Several criteria are used for creating lists of shortage occupations and most of the criteria include demand side and supply side criteria. A majority of the Member States are facing labour and skill shortages in various sectors and the construction sector is not an exception. As total employment in the construction sector decreased, so did the share of employed migrants. Labour shortages in the construction sector can be eased by the availability of a labour supply willing to accept unqualified and low-paying jobs. The construction sector seeks low-, medium-, and high-skilled individuals and is most likely the sector where most of the incoming migrants will be working, which has an impact on the development and implementation dynamic of Construction 4.0.

scholarly journals Zastoupení členských zemí v Evropském parlamentu po volbách 2019

2020 ◽  
Vol 12 (2) ◽  
pp. 1-18
Author(s):  
Jakub Charvát
Keyword(s):  
Political Representation ◽  
European Parliament ◽  
The European Union ◽  
Political Systems ◽  
Member States ◽  
Individual Level ◽  
Eu Member States ◽  
Spatial Aspect ◽  
Almost All ◽  
The Eu

Modern democratic political systems are hardly conceivable without political representation. This also applies to the European Union, a unique international organisation with a directly elected and fully-fledged assembly representing the EU citizens. Because geography is central to the operation of almost all electoral systems and the European Parliament is the first transnational assembly based on the Member States representation, the paper explores the spatial aspect of the composition of the European Parliament resulting from the 2019 election. The representation in the European Parliament may be degressively proportional, which implies malapportionment of seats across the EU Member States. The paper, thus, seeks to quantify the malapportionment in the 2019 election at both the aggregate level (by the adaption of Loosemore and Hanby´s distortion index) and individual level (advantage ratio and the value of a vote). It concludes malapportionment was just below 14,5% of the total seats in 2019 while the 2019 election did not bring the degressively proportional representation in the European Parliament as required by the Lisbon Treaty.

Calls of Duty: Romanian Politicians’ Deontological Discursive Strategies for Securing Free Movement in the European Union

2017 ◽  
Vol 25 (3) ◽  
pp. 43-66
Author(s):  
Saila Heinikoski
Keyword(s):  
European Union ◽  
Free Movement ◽  
The European Union ◽  
Member States ◽  
Prime Ministers ◽  
Discursive Strategies ◽  
Eu Member States ◽  
Different Types ◽  
The Right ◽  
The Eu

This article discusses how the right to free movement within the European Union is presented as a matter of obligation, a duty of the other EU member states, in the discourse of Romanian Presidents and Prime Ministers (2005–2015). An examination of speeches and other statements from these politicians illuminates Romanian political reactions during the period when Romania became an EU member state, and reflects perceptions of Europeanness and European agreements. These issues take on an additional contemporary significance in the context of the Brexit negotiations, and they also add to the broader debate on whether EU norms and obligations are seen as being both just and equally applied. By analysing different types of argumentative topoi, I examine the deontological (obligation-based) argumentation employed in the free movement context. Furthermore, I examine to what extent these arguments are invoked in support of the right to free movement and who this right applies to. I argue that for Romanian politicians, deontological free movement arguments are connected to other states’ compliance with European treaties and to demands for equal application of European rules without discrimination, or the delegation of responsibility to others. This manifested itself most frequently in the calls for the EU and its member states to do their duty by treating Romanians equally to other EU citizens.

Recent Golden Share Cases in the Jurisprudence of the Court of Justice of the European Union

2015 ◽  
Vol 16 (5) ◽  
pp. 1099-1130 ◽  
Author(s):  
Tamás Szabados
Keyword(s):  
European Union ◽  
Case Law ◽  
Free Movement ◽  
The European Union ◽  
Freedom Of Establishment ◽  
Member States ◽  
Golden Share ◽  
Court Of Justice ◽  
Special Rights ◽  
Free Movement Of Capital

AbstractIn several golden share cases, the Court of Justice of the European Union (the “Court”) condemned Member States for reserving certain special rights in privatized companies for themselves. In spite of the Court's consistently strict approach in the golden share cases, the more recent golden share judgments demonstrate that the Court's practice is not free from uncertainties. In its case law, the Court seems to hesitate between the application of the freedom of establishment and the free movement of capital. Additionally, it is not entirely clear which measures are caught by provisions on the freedom of establishment and the free movement of capital.

scholarly journals Europeanization of the Administrative Law of Ukraine: peculiarities of modern tectonic of mechanisms of the influence

2020 ◽  
pp. 150-154
Author(s):  
Olesya Radyshevska
Keyword(s):  
Technical Assistance ◽  
Administrative Law ◽  
Positive Influence ◽  
Lessons Learned ◽  
European Countries ◽  
Council Of Europe ◽  
Member States ◽  
Eu Member States ◽  
Law And Legislation

The article explores the contemporary forms, mechanisms and models of Europeanization of the administrative law of Ukraine in the light of it renewal as a branch of national law and legislation. It is noted that foreign scientists pay special attention to the classification of the influence of the provisions of European administrative law (in the widest sense) on the administrative law of European countries. The author analyzes the extensive classification of the phenomenon of Europeanization existing in European administrative and legal science. It is stated that Europeanization of administrative law as branch of legislation has mostly vertical, direct, obligatory, "hard", positive influence, since the boundaries of the system of sources of administrative law are being expanded, and it is the obligation of the subjects of administrative law to apply its rules already as part of national legislation. At the same time, the Europeanization of administrative law as a branch of law can have the characteristics of vertical, direct, mandatory, harmonizing Europeanization and also with horizontal influence which voluntary, indirect, selective nature, exercised by various actors ("legislative bodies" of European organizations, the parliaments of European countries, the practice of public administration and judicial institutions, experts from technical assistance projects), etc. It is concluded that the mechanisms of Europeanization from the EU legal field regarding EU Member States will differ from mechanisms towards Ukraine. However, the mechanisms of influence used by Council of Europe and OSCE among their member states in the area of administrative law are identical, since they imply the application of the rules of "soft" law, "soft" cooperation, socialization and "lessons learned". The aim of their subjects is to satisfy their legal expectations that dominate the European administrative space. These mechanisms usually are used in dialectical unity.

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