scholarly journals Religious slaughter of animals in light of the EU and in the Polish law

2019 ◽  
pp. 283-296
Author(s):  
Agnieszka Skóra
Keyword(s):  
Religious Slaughter ◽  
Polish Law ◽  
The Eu

Ubój rytualny w świetle prawa europejskiego i polskiego Prawo UE wymaga, by zwierzęta przed ubojem zostały oszołomione (były nieświadome), tak aby śmierć była dla nich bezbolesna. Prawodawstwo UE pozwala na przeprowadzanie tzw. uboju rytualnego (tj. bez ogłuszania) w celach religijnych, ale ostateczna decyzja w tej sprawie należy do poszczególnych państw członkowskich. Istnieją wyjątki od uboju religijnego, sformułowane zwłaszcza dla szechity (żydowskiej metody zabijania zwierząt przeznaczonych na pożywienie, czyli mięso koszerne) i muzułmańskiego halal. Społeczności muzułmańskie i żydowskie, stanowiące w sumie prawie kilka procent ludności Europy, prezentują w tej kwestii podobne podejście filozoficzne. Nie ulega wątpliwości, że korzystanie z tej formy uboju budzi wiele emocji i kontrowersji, głównie ze względów społecznych (etycznych i kulturowych). Celem tego artykułu jest przedstawienie dopuszczalności zastosowania uboju rytualnego na tle obowiązującego stanu prawnego UE, prawa międzynarodowego oraz w świetle prawa polskiego. W szczególności należy również rozważyć, czy przepis art. 4 ust. 4 rozporządzenia Rady (UE) nr 1099/2009 z dnia 24 września 2009 r. w sprawie ochrony zwierząt w czasie uśmiercania, w związku z art. 2(k) stanowi ograniczenie prawa wolności religijnej zagwarantowanej w art. 10 Karty praw podstawowych Unii Europejskiej i polskiej Konstytucji.

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?

Tryb ratyfikacji przez Rzeczpospolitą Polską decyzji Rady Europejskiej (UE, Euroatom) 2020/2053 z 14 grudnia 2020 r. w sprawie systemu zasobów własnych

2021 ◽  
Vol 2 (70) ◽  
pp. 123-140
Author(s):  
Bogusław Przywora
Keyword(s):  
European Union ◽  
European Union Law ◽  
Substantive Content ◽  
Correct Procedure ◽  
Council Decision ◽  
Polish Law ◽  
The Eu

In determining the correct procedure for ratification of Council Decision 2020/2053, the author has analysed the provisions of Polish law and European Union law. In the author’s opinion, on the basis of the Council Decision there is no transfer of powers of state authorities within the meaning of Article 90 of the Constitution. Therefore, in Polish conditions this will mean the requirement of the application of the so-called “large” ratification, referred to in Article 89 para. 1 of the Constitution. Such a solution is supported both by the substantive content of the provisions contained in Council Decision 2020/2053, the previous practice of ratifying Council Decisions on the system of own resources of the EU, as well as the order to apply a “pro-EU” interpretation.

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.

Gloss to the Judgment of the Court of Justice of the European Union of 15 November 2018 (C 648/17) concerning covering the damage caused by the passenger with the motor liability insurance in respect of the use of motor vehicles

2020 ◽  
Vol 1 (102) ◽  
pp. 61-78
Author(s):  
Marcin Orlicki
Keyword(s):  
Insurance Coverage ◽  
Liability Insurance ◽  
Motor Vehicles ◽  
The European Union ◽  
Eu Member States ◽  
Court Of Justice ◽  
Compulsory Insurance ◽  
Car Park ◽  
Polish Law ◽  
The Eu

The gloss refers to the Judgment of the CJEU, which stated that the concept of 'use of vehicles’ covers the situation when the passenger of a vehicle parked in a car park, while opening the door of that vehicle, scraped against and damaged the vehicle parked next to it. This means that the motor liability insurance covers such damages, irrespective of the legal regulations contained in the laws of the EU Member States, which impose an insurance obligation and define its scope. The Judgment of the CJEU is contrary to the Polish law in force, which assumes that the motor liability insurance covers the responsibility of the owner of the vehicle and the driver of the vehicle, but not third parties (including the passenger). Although, according to the author, the extension of liability does not have an axiological justification, it is necessary to modify the interpretation of the Polish regulations defining the scope of insurance coverage and to introduce the amendment to the Act on Compulsory Insurance, the Insurance Guarantee Fund and the Polish Motor Insurers’ Bureau in the future.

scholarly journals „Kooperacyjna” administracja publiczna – zarys problematyki

2019 ◽  
Vol 16 (1 (2)) ◽  
pp. 7-20
Author(s):  
Agata Barczewska-Dziobek
Keyword(s):  
Development Policy ◽  
The European Union ◽  
Eu Policies ◽  
Phases Of Development ◽  
Multi Level ◽  
Legal Forms ◽  
Polish Law ◽  
The Impact ◽  
Local Levels ◽  
The Eu

The presented study is an attempt to indicate the impact of the concept of multilevel-governance (multi-level governance), well-established in the provisions related to the planning and implementation of the EU policies, with a view to developing forms of cooperation between public administration and its environment. This can be observed in the field of regulations relating to preparation of a contract partnership and creation of strategies and programs connected with the implementation of cohesion and development policy, which was adopted within the European Union. They precisely determine transformation of the Polish law in this area in the direction of adapting it to the EU law, and thus, influence the intensity of forms of cooperation as well between administrative bodies as social and economic partners. This, in turn, results in the intensification of network type connections in the vertical and horizontal planes that reveal new organizational and legal forms in the preparation and implementation phases of development tasks at the national, regional and local levels.

scholarly journals Consequences of the Use of Personalization Algorithms in Shaping an Offer – A Private Law Perspective

2019 ◽  
Vol 13 (2) ◽  
pp. 161-188
Author(s):  
Katarzyna Południak-Gierz
Keyword(s):  
Case Law ◽  
Protection Mechanism ◽  
Transaction Model ◽  
Starting Point ◽  
Massive Scale ◽  
Consent Requirement ◽  
Polish Law ◽  
Alternative Solutions ◽  
New Phase ◽  
The Eu

Personalization mechanisms in consumer e-commerce allow for the adjustment of the time, form and manner of contact, the way of concluding the contract and the availability and content of the offer. Subsequently concluded agreements can be seen as a new phase of development of the consumer transaction model – secondary individualization replaces standardization. The possibility of concluding contracts on a massive scale is retained, but with added granularity and flexibility that mimic the individualisation of transactions. Special provisions for personalized contracts are missing on the EU level and within the Polish legal system.The starting point is an analysis of the reaction of the traditional private instruments of Polish law towards the personalization of offers – case law and doctrinal approach towards the concept of a standard contract and an individually negotiated one are examined. Next, the pre-contractual stage is investigated – the personalization process is explored from the perspective of unfair practices regulation, and the legal basis for the personalization process in the context of the GDPR is discussed. While Polish national law focuses on combating the undesired results of personalization, the EU initiatives aim at granting ex-ante protection. The mechanism in directive 2005/29/EC is being supplemented with an information protection mechanism (consent requirement). The limitations of this model are identified and some alternative solutions are proposed.

scholarly journals Hiszpańskie i niemieckie osiągnięcia w rozwoju energetyki odnawialnej: aspekt prawny

2004 ◽  
Vol 2 (1) ◽  
pp. 415-430
Author(s):  
Leszek Karski
Keyword(s):  
Renewable Energy ◽  
Renewable Energy Sources ◽  
National Level ◽  
Energy Sources ◽  
The European Union ◽  
Security Of Supply ◽  
Environmentally Sustainable ◽  
European Union Enlargement ◽  
Polish Law ◽  
The Eu

Certainly, the renewable energy sector in Poland should be the beneficiary of the European Union enlargement. It results from both the energy policy and EU law. Poland should adopt national law to the EU requirements in the field of renewable energy sources. Polish legislators may rest on other countries' experiences in this subject. We especially should take into consideration Spanish and German measures. Spanish and German mechanisms of support for renewable energy sources at the national level are very interesting solutions. Those measures are intended to help to attain objectives such as meeting the commitments given on climate change, environmentally sustainable security of supply, and promotion of renewable energy sources. The article is an analysis of Spanish and German support systems in view of the modification of Polish law in the field of renewable energy sources.

scholarly journals Religious slaughter in European union - Short review

Meso ◽  
2018 ◽  
Vol 20 (6) ◽  
pp. 529-537
Author(s):  
Martin Dobeic
Keyword(s):  
European Union ◽  
Short Review ◽  
European Union Countries ◽  
The Future ◽  
Before And After ◽  
Religious Slaughter ◽  
Review Current ◽  
The Eu

The aim of this paper was to review current religious slaugtering processes and dillemas in EU. Stunning of animals before slaughter is a legally prescribed requirement in the EU intended to reach animal unconsciousness so that slaughter does not cause anxiety, pain, suffering or distress. In some European Union countries, religious slaughter is exceptionally allowed without stunning. Animals intended for religious slaughter must be healthy and undamaged. In order to meet these requirements, religious slaughtering in the EU is being implemented only in allowed and approved slaughterhouses. Slaughter can only be performed by authorized and educated operators. Regarding religious slaughter, there are many dilemmas in the EU about whether this methods of slaughter causes additional suffering of animals. Insofar as Muslim slaughter in some cases allows some methods of the preslaughter stunning, Jewish slaughter does not allow any stunning. Therefore, it is necessary to take into account the fact that in the future, it will be necessary to examine alternative stunning methods which will ensure the integrity of live animals before bleeding. At the same time, it is necessary to harmonize the guidelines for a harmonized procedures of handling animals before and after slaughtering and certifying of the meat originating from religious slaughter in order not to mislead consumers.

Application of EU Law on Equal Treatment in Poland. État de choses in 2020

2020 ◽  
Vol 66 (4) ◽  
pp. 483-495
Author(s):  
Marcin Górski
Keyword(s):  
Case Law ◽  
Administrative Law ◽  
Equal Treatment ◽  
Institutional Setting ◽  
Eu Law ◽  
Full Implementation ◽  
Penal Law ◽  
Practical Effect ◽  
Polish Law ◽  
The Eu

After more than sixteen years of Poland’s membership in the EU, Polish equality law is far from the principle of effectiveness. The institutional setting is weak and the case-law is mostly disappointing. Within the last five years, state authorities have made significant efforts to deprive anti-discrimination instruments of practical effect - which was infamously demonstrated by e.g. the so-called “LGBT-free zones”. This article explores major areas of equality law in Poland (e.g. the Labour Code, penal law, and administrative law) in order to analyse the case-law and the functioning of the institutional mechanisms. The conclusion is that in practice Polish law does not assure full implementation of EU equality law.

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