Transpozycja zasady non-refoulement do polskiego systemu ochrony uchodźców

2019 ◽  
Vol 76 ◽  
pp. 199-217
Author(s):  
Maciej Grześkowiak
Keyword(s):  
International Law ◽  
European Union Law ◽  
Public International Law ◽  
The Public ◽  
Refugee Law ◽  
Polish Law ◽  
The One ◽  
The Impact ◽  
The Eu

The paper aims at examining the influence of international legislations on the scope and content of the non-refoulement principle as articulated in the Polish law. Its shape on the Polish national ground is in fact a sum of influences stemming from external law systems. The article is based on the determination of three major sources of the refugee law that shape the content of the principle: public international law, European Union law and Polish national law. The Author first scrutinises the scope and content of the principle as laid down in crucial legislations belonging to these three sources which later enables their comparison and examination of the impact they make on one another in terms of conceptualisation of the principle of non-refoulement. The EU law reflects and specifies mechanisms established in the public international law which are further specified on a national ground. The final product is a national structure of the principle which is far more specific than the one known from the 1951 Refugee Convention that first stipulated it. The Author concludes with pointing at flaws and inaccuracies in a national articulation of the principle.

scholarly journals Recognition in international law: The case of Kosovo and Metohija

2015 ◽  
pp. 289-306
Author(s):  
Tijana Surlan
Keyword(s):  
International Law ◽  
Constitutive Theory ◽  
Sovereign State ◽  
Public International Law ◽  
The Public ◽  
The North ◽  
Official Position ◽  
The Status ◽  
North Part ◽  
The Eu

Recognition is an instrument of the public international law founded in the classical international law. Still, it preserves its main characteristics formed in the period when states dominated as the only legal persons in international community. Nevertheless, the instrument of recognition is today as vibrant as ever. As long as it does not have a uniform legal definition and means of application, it leaves room to be applied to very specific cases. In this paper, the instrument of recognition is elaborated from two aspects - theoretical and practical. First (theoretical) part of the paper presents main characteristics of the notion of recognition, as presented in main international law theories - declaratory and constitutive theory. Other part of the paper is focused on the recognition in the case of Kosovo. Within this part, main constitutive elements of state are elaborated, with special attention to Kosovo as self-proclaimed state. Conclusion is that Kosovo does not fulfill main constitutive elements of state. It is not an independent and sovereign state. It is in the status of internationalized entity, with four international missions on the field with competencies in the major fields of state authority - police, judiciary system, prosecution system, army, human rights, etc. Main normative framework for the status of Kosovo is still the UN Resolution 1244. It is also the legal ground for international missions, confirming non-independent status of Kosovo. States that recognized Kosovo despite this deficiency promote the constitutive theory of recognition, while states not recognizing Kosovo promote declaratory theory. Brussels Agreement, signed by representatives of Serbia and Kosovo under the auspices of the EU, has also been elaborated through the notion of recognition - (1) whether it represents recognition; (2) from the perspective of consequences it provokes in relations between Belgrade and Pristina. Official position of Serbian Government is clear - Serbia does not recognize Kosovo as an independent and sovereign state. On the other hand, subject matter of Brussels Agreement creates new means of improvement for Kosovo authorities in the north part of Kosovo. Thus, Serbian position regarding the recognition is twofold - it does not recognize Kosovo in foro externo, and it completes its competences in foro domestico. What has been underlined through the paper and confirmed in the conclusion is that there is not a recognition which has the power to create a state and there is not a non-recognition which has the power to annul a state.

The importance of international lump sum indemnity agreements in the context of communalisation of land in Warsaw under the Warsaw Decree

2021 ◽  
Vol I (I) ◽  
pp. 155-175
Author(s):  
Ewa Olas
Keyword(s):  
International Law ◽  
Civil Law ◽  
Administrative Law ◽  
Capital City ◽  
Public International Law ◽  
The Public ◽  
Administrative Procedure ◽  
Lump Sum ◽  
The Impact ◽  
Legal Consequences

This article aims at analysing the legal effects of international lump sum indemnity agreements entered into by Poland with states whose citizens and other entities had been deprived of their real properties by virtue of the Decree of 26 October 1945 on the Ownership and Use of Land Within the Boundaries of the Capital City of Warszawa (the so-called “Warsaw Decree”). Firstly, it presents the circumstances of agreements’ execution, their legal consequences under the public international law as well as their subjective and objective scope. Secondly, the article describes the impact of international lump sum indemnity agreements on civil law relations in Poland and the sphere of administrative law and administrative procedure. It also identifies one of the main problems regarding interpretation of international lump sum indemnity agreements in domestic proceedings concerning real properties in Warsaw.

scholarly journals The Impact of the Housing Quality on the Socio-Economic Standard of the EU Countries

2017 ◽  
Vol 65 (4) ◽  
pp. 1425-1433 ◽  
Author(s):  
Daniela Špirková ◽  
Beata Stehlíková ◽  
Mária Zúbková
Keyword(s):  
Housing Quality ◽  
Public Expenditures ◽  
Space Problem ◽  
The Public ◽  
Eu Countries ◽  
Correlation And Regression Analysis ◽  
The One ◽  
The Impact ◽  
Qualitative Characteristics ◽  
The Eu

The paper deals with the qualitative characteristics of the housing in the EU countries. On the one hand there is a problem with housing itself and on the other hand there is a problem with the housing quality with its significant impact on the quality of life. The housing quality is defined by the attributes mentioned in the EQLS survey. The examined characters are the dwelling stock, the space problem, the rot problem, the damp problem, the toilet problem, the bath problem, the garden problem, the rent problem, the utility problem and the heating problem. The housing quality is affected by the public expenses on the housing and the community amenities per capita. The relations between the qualitative characteristics mutually and the qualitative characteristics and the public expenditures on the housing and the community amenities are examined by the correlation and regression analysis. The aim of the article is to point out to the dependence between the expenses and the housing quality in the EU countries. The mentioned relation strongly implicates the socio-economic standard of these countries.

scholarly journals Problemas de aplicación regulados en el Reglamento Sucesorio Europeo = Aplication problems regulated by the EU Succession Regulation

2019 ◽  
Vol 11 (1) ◽  
pp. 498
Author(s):  
Juliana Rodríguez Rodrigo
Keyword(s):  
Public Policy ◽  
International Law ◽  
Legal System ◽  
Private International Law ◽  
The Public ◽  
General Line ◽  
European Regulations ◽  
The One ◽  
The Eu

Resumen: En este trabajo vamos a explicar los tres problemas de aplicación que se encuentran contemplados en el Reglamento sucesorio europeo. De los tres, el orden público, la remisión a ordena­mientos plurilegislativos y el reenvío, este último es el que presenta una regulación más particular. En efecto, esta norma sucesoria se aparta de la línea general de excluir esta figura que siguen el resto de Reglamentos europeos de Derecho Internacional Privado. Además de lo anterior, el Reglamento no sólo admite el reenvío sino que, también, lo permite hasta de segundo grado.Palabras clave: orden público, ordenamientos plurilegislativos, reenvío, Reglamento sucesorio europeo.Abstract: In this paper we will explain the three application problems that are covered by the European Succession Regulation. Of the three, the public policy, the remission to States with more than one legal system and the renvoi, the latter is the one that presents a more particular regulation. In effect, the Regulation departs from the general line of excluding this figure, which is followed by the rest of the European Regulations on Private International Law. In addition, the Regulation not only allows it, but also allows it up to the second degree.Keywords: public policy, states with more than one legal system, renvoi, the EU succession Re­gulation

International Law and the European Union

2021 ◽  
Author(s):  
Jed Odermatt
Keyword(s):  
European Union ◽  
International Law ◽  
Dispute Settlement ◽  
The European Union ◽  
International Affairs ◽  
Public International Law ◽  
International Dispute ◽  
International Legal Order ◽  
The Impact ◽  
The Eu

The European Union plays a significant role in international affairs. International Law and the European Union examines the impact this has had on public international law by integrating perspectives from both EU law and international law. Its analysis focuses on fields of public international law where the EU has had an influence, including customary international law, the law of treaties, international organizations, international dispute settlement, and international responsibility. International Law and the European Union shows how the EU has had a subtle but significant impact on the development of international law and how the international legal order has developed and adjusted to accommodate the EU as a distinct legal actor. In doing so, it contributes to our understanding of how international law addresses legal subjects other than States.

Freedom of Expression versus Privacy and the Right to Reputation

2017 ◽  
Author(s):  
Dirk Voorhoof
Keyword(s):  
Public Interest ◽  
Freedom Of Expression ◽  
Media Freedom ◽  
Investigative Journalism ◽  
The Public ◽  
The Right Of Privacy ◽  
The One ◽  
Grand Chamber ◽  
The Right ◽  
The Impact

The normative perspective of this chapter is how to guarantee respect for the fundamental values of freedom of expression and journalistic reporting on matters of public interest in cases where a (public) person claims protection of his or her right to reputation. First it explains why there is an increasing number and expanding potential of conflicts between the right to freedom of expression and media freedom (Article 10 ECHR), on the one hand, and the right of privacy and the right to protection of reputation (Article 8 ECHR), on the other. In addressing and analysing the European Court’s balancing approach in this domain, the characteristics and the impact of the seminal 2012 Grand Chamber judgment in Axel Springer AG v. Germany (no. 1) are identified and explained. On the basis of the analysis of the Court’s subsequent jurisprudence in defamation cases it evaluates whether this case law preserves the public watchdog-function of media, investigative journalism and NGOs reporting on matters of public interest, but tarnishing the reputation of public figures.

scholarly journals The impact of COVID-19 on households´ income in the EU

2021 ◽  
Author(s):  
Vanda Almeida ◽  
Salvador Barrios ◽  
Michael Christl ◽  
Silvia De Poli ◽  
Alberto Tumino ◽  
...  
Keyword(s):  
Fiscal Policy ◽  
Disposable Income ◽  
Income Loss ◽  
Eu Member States ◽  
Policy Interventions ◽  
Discretionary Fiscal Policy ◽  
Policy Measures ◽  
The One ◽  
The Impact ◽  
The Eu

AbstractThis analysis makes use of economic forecasts for 2020 issued by the European Commission in Autumn 2019 and Spring 2020, and of a counterfactual under a no-policy change assumption, to analyse the impact of the COVID-19 crisis on EU households´ income. Additionally, our analysis assesses the cushioning effect of discretionary fiscal policy measures taken by the EU Member States. We find that the COVID-19 pandemic is likely to affect significantly households’ disposable income in the EU, with lower income households being more severely hit. However, our results show that due to policy intervention, the impact of the crisis is expected to be similar to the one experienced during the 2008–2009 financial crisis. In detail, our results indicate that discretionary fiscal policy measures will play a significant cushioning role, reducing the size of the income loss (from −9.3% to −4.3% for the average equivalised disposable income), its regressivity and mitigating the poverty impact of the pandemic. We conclude that policy interventions are therefore instrumental in cushioning against the impact of the crisis on inequality and poverty.

The Squire Law Library at Cambridge: the Historical Development and Current Status of the International Law Collections

2017 ◽  
Vol 17 (2) ◽  
pp. 78-91 ◽  
Author(s):  
Lesley Dingle
Keyword(s):  
International Law ◽  
Historical Development ◽  
Detailed Account ◽  
Current Status ◽  
Public International Law ◽  
The Public ◽  
The Subject ◽  
Law Library

AbstractIn this paper Lesley Dingle provides a detailed account of the historical development of the public international law collections at the Squire Law Library in Cambridge. She explains the close involvement of the academic lawyers and the librarians, past and present, in developing an important collection which reflects the significance of the subject at Cambridge's Faculty of Law. Finally, she brings things up-to-date by detailing the extent of the electronic provision which benefits the modern scholar in this discipline.

Effektiver Umweltrechtsschutz in Planungskaskaden

2021 ◽  
Author(s):  
Sarah Langstädtler
Keyword(s):  
European Union ◽  
International Law ◽  
Environmental Law ◽  
Disposal Site ◽  
European Union Law ◽  
Federal Highway ◽  
Effective Remedy ◽  
Judicial Protection

This treatise examines and compares the remedy in the Federal Highway Act (FStrG), Grid Expansion Acceleration Act (NABEG) as well as in the Determination of a Final Nuclear Disposal Site Act (StandAG) in terms of ensuring an effective remedy to enforce environmental law. Particularly the concentrated remedy in the NABEG proves to be conflictual. There are reasonable doubts whether it guarantees a sufficiently effective judicial protection concerning the enforcement of environmental law. This leads to questions regarding its compatibility with international law (especially the Arhus Convention) and European Union law.

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?

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