Ograniczenia niezależności politycznej polskich organów regulacyjnych w świetle prawa unijnego

2014 ◽  
pp. 53-84
Author(s):  
Krzysztof Rokita
Keyword(s):  
Civil Law ◽  
Vienna Convention ◽  
Private Law ◽  
The European Union ◽  
Breach Of Contract ◽  
The Past ◽  
European Consumer ◽  
Consumer Rights ◽  
United Nations Convention ◽  
The Impact

The United Nations Convention on Contracts for the International Sale of Goods (the so-called Vienna Convention, CISG) is considered one of the most important and influential private law acts of the past decades. The most compelling evidence of the impact of the CISG is the European private law. It is especially evident in case of consumer sales law of the European Union. The Consumer Sales Directive (99/44) and, to some extent, even the Directive on Consumer Rights (2011/83/EC) were based on principles and institutions derived from the CISG. The most important influences are of course the objective liability of a debtor and the institution of conformity of the goods; however, even the basic terms (such as “conformity of goods” and “non-conformity of goods”) are defined per analogiam. And even though European legislator did not borrow from the CISG its’ concept of the fundamental breach of contract, the further cases of CISG’s impact are seen in cases of Nachfrist and remedies available to the parties of a contract. Since European consumer sales law is one of the most important spheres of EU interests and influences national civil law systems, CISG may easily be described as the model and backbone of future private law harmonization.

scholarly journals Fundamentals of European Civil Law

1997 ◽  
Vol 27 (2) ◽  
pp. 388
Author(s):  
A H Angelo
Keyword(s):  
European Union ◽  
Civil Law ◽  
Comparative Law ◽  
Company Law ◽  
Private Law ◽  
The European Union ◽  
Labour Law ◽  
Commercial Company ◽  
The Impact

This article is a book review of Martin Vranken Fundamentals of European Civil Law (Federation Press, Sydney, 1997) 290 + xiv pages including Appendix, Bibliography and Index. Soft cover, NZ$45. Angelo states that the book is very tightly and clearly presented, providing a good introductory text for several purposes including the central topics of comparative law, a basic introduction to the law of contract, tort labour law and commercial company law in the French and German systems, as well as within the context of the European Union. Angelo concludes that the book provides a reasoned and correct view of the impact of the European Union on aspects of the private law of the member states. 

scholarly journals Pandemics and Tax Innovations: What can we Learn from History?

2020 ◽  
Vol 6 (3) ◽  
pp. 270-297
Author(s):  
A. I. Pogorletskiy ◽  
◽  
F. Söllner ◽  
Keyword(s):  
Tax Policy ◽  
Large Scale ◽  
Inductive Method ◽  
Tax Administration ◽  
The European Union ◽  
The Past ◽  
Tax Incentive ◽  
Tax Systems ◽  
The Impact ◽  
Tax Regulation

In this article, we shall see how pandemics of deadly diseases have changed tax systems over the past two millennia, each time leading to the emergence of new forms of taxation and tax administration. The purpose of the article is to prove that pandemics and the most notable innovations in tax policy are closely interrelated and that the consequences of the largest pandemics in the history of mankind are new approaches to the organization of national tax systems as well as the formation of interstate tax regulation. The lessons from history can be applied to the current corona crisis and may help us devise the appropriate anti-crisis tax policy. The study is based on the historical empirical-inductive method applied to reliable facts of the past related to pandemics and taxation. We trace the evolution of tax policy under the impact of the most significant pandemics and identify patterns of taxation and tax administration that are specific to their eras and are still relevant in the course of the pandemic COVID-19. Our analysis allows us to draw the following conclusions: (1) There is a historical link between pandemics and tax regulation. Many tax innovations originated in response to the consequences of large-scale epidemics of deadly diseases. (2) Many of the tax incentive tools used today in the fight against the corona crisis have already been used during previous pandemics so that we may learn from the experience of earlier times. (3) The COVID-19 pandemic can be expected to have several important consequences for taxation and public finance: innovations in tax administration with an emphasis on remote fiscal audits and digital control; innovations in the taxation of digital companies and their operations at the national and international level; possibly fundamental changes in the tax system of the European Union; and possibly a return of the inflation tax.

scholarly journals Evaluation Concepts in Russian Codifications of Civil Law

Lex Russica ◽  
2019 ◽  
pp. 37-50
Author(s):  
V. G. Golubtsov
Keyword(s):  
Essential Feature ◽  
Civil Law ◽  
Legal Regulation ◽  
Public Law ◽  
Civil Code ◽  
Property Law ◽  
Private Law ◽  
Private And Public ◽  
The Impact ◽  
Basic Evaluation

Based on general legal and civilistic experience in the study of evaluative concepts, the author investigates the general and the specific in their civil law nature. As the result of the study, the author draws the conclusion that the existence of evaluative concepts forms a distinctive essential feature of civil law as private law. It is noted, however, that the doctrine, law-maker and law-enforcer need basic guidelines that will allow to define objective criteria for nominating concepts as evaluative, as well as for determining the boundaries of their systematic interpretation. Also, the author concludes that the impact of evaluation concepts on legal regulation in private and public law is different. In civil law, depending on the localization in the text of the Civil Code, it is possible to distinguish two groups of evaluation concepts. The first group includes the basic evaluation concepts that allow us to see the goals, meaning and specifics of civil law regulation. The second group, in the author’s opinion, includes peripheral evaluation concepts that are utilized by property law and separate contractual constructions and the presence of which allows to avoid unnecessary causality and, at the same time, makes it possible to bring legal regulation closer to real relations.

scholarly journals Spatiotemporal Evaluation of PM10 Concentrations within the Greater Athens Area, Greece. Trends, Variability and Analysis of a 19 Years Data Series

Environments ◽  
2020 ◽  
Vol 7 (10) ◽  
pp. 85
Author(s):  
Konstantinos P. Moustris ◽  
Ermioni Petraki ◽  
Kleopatra Ntourou ◽  
Georgios Priniotakis ◽  
Dimitrios Nikolopoulos
Keyword(s):  
Statistical Treatment ◽  
Extended Period ◽  
Atmospheric Environment ◽  
Data Series ◽  
The European Union ◽  
The Past ◽  
Social Events ◽  
The Impact ◽  
Athens Area ◽  
Daily Pm10

This work investigates the spatiotemporal variation of suspended particles with aerodynamic diameter less than or equal to 10 μm (PM10) during a nineteen years period. Mean daily PM10 concentrations between 2001 and 2018, from five monitoring stations within the greater Athens area (GAA) are used. The aim is to investigate the impact of the economic crisis and the actions taken by the Greek state over the past decade on the distribution of PM10 within the GAA. Seasonality, intraweek, intraday and spatial variations of the PM10 concentrations as well as trends of data, are statistically studied. The work may assist the formation of PM10 forecasting models of hourly, daily, weekly, monthly and annual horizon. Innovations are alternative ways of statistical treatment and the extended period of data, which, importantly, includes major economic and social events for the GAA. Significant decreasing trend in PM10 series concentrations at all examined stations were found. This may be due to economic and social reasons but also due to measures taken by the state so as to be harmonised with the European Directives concerning the protection of public health and the atmospheric environment of the European Union (EU) members.

The New Transformation of Europe: Arcana Imperii

2020 ◽  
Vol 68 (1) ◽  
pp. 151-185
Author(s):  
Leone Niglia
Keyword(s):  
European Union ◽  
Member State ◽  
Structural Transformation ◽  
Monetary Union ◽  
Economic And Monetary Union ◽  
Private Law ◽  
Sovereign Power ◽  
The European Union ◽  
European Union Law ◽  
The Past

Abstract The European Union is undergoing a structural transformation—a regression from integration through law as an anti-hegemonic project of equal membership to a condition in which member state orders, under a transformed European Union law, gravitate around unequal relations of subordination. Alongside the surveillance mechanisms that constrain the member states to conform to the requirements of the Economic and Monetary Union are private law arrangements (the “memoranda of understanding” qua “contracts”) that equally, and with greater force, produce subordination. Adopting a critical comparative-historical approach, this Article delves into Europe’s collective legal memory, and the past of colonial relations, to make intelligible the deployment of the memoranda contracts whose harsh terms have been dramatically changing the condition of the “debtor countries” for the worse; in the arcana of private law lies the truth about the changing condition of sovereign power in contemporary Europe and about the potential to change direction and counter the “jurisdomination” turn.

Transnational Access to Evidence, Witnesses, and Suspects

2019 ◽  
pp. 585-608
Author(s):  
Sabine Gless
Keyword(s):  
European Union ◽  
Common Law ◽  
Civil Law ◽  
Legal Assistance ◽  
The European Union ◽  
Nation States ◽  
Criminal Justice Systems ◽  
Fact Finding ◽  
Legal Frameworks ◽  
The Impact

This chapter examines issues surrounding transnational access to evidence, witnesses, and suspects. More specifically, it considers whether the evidence can be transferred between nation-states without negatively affecting the legitimacy, fairness, and reliability of the fact-finding procedure. The focus is on basic questions arising from the conflict between the criminal justice systems’ genuine interest in comprehensive and reliable fact-finding and the specific restrictions on fact-finding when evidence exists beyond a state border. The chapter first traces the historical roots of transnational access to evidence and provides an overview of current legal practices before using the German and U.S. legal frameworks as case studies to illustrate the impact of mutual legal assistance in a civil law and a common law jurisdiction. It then outlines new approaches to transnational access to evidence such as the framework of the European Union, with emphasis on safeguards for reliability and fairness of fact-finding.

scholarly journals Exploring Race Hate Crime Reporting in Wales Following Brexit

2017 ◽  
Vol 9 (1) ◽  
pp. 158 ◽  
Author(s):  
Gareth Cuerden ◽  
Colin Rogers
Keyword(s):  
Hate Crime ◽  
Hate Crimes ◽  
The European Union ◽  
Fundamental Idea ◽  
Economic Changes ◽  
The Past ◽  
The Impact ◽  
Political Decisions ◽  
The Eu ◽  
The Way

 Most countries consist of many diverse races and cultures, based on historical political decisions, wars or economic changes. Throughout Europe over the past decades the policy of free movement for work as part of the EU agreements has encouraged this activity. Indeed this has been a fundamental idea behind the European Union ever since its inception. However, what can the consequences be for those individuals who, encouraged by such policies, find themselves located in a country which has decided to no longer be part of that system? In particular what impact does this decision appear to have on the way those considered to be “racially different” are treated by others? This article explores the impact the recent decision by Great Britain took to leave the EU (so called Brexit) and its impact upon the number of racially recorded hate crimes in Wales. Using examples from terrorist incidents in Europe, along with the Brexit result, as examples, it provides clear evidence that when certain incidents occur in wider society, there is an impact upon the way in which so called non-indigenous people are treated, which results in an increase in criminality. These results will have resonance for other countries with a mixed population, as well as having implications for those agencies involved in the protection and safety of all inhabitants in their country.

scholarly journals The Good Neighbourliness Principle in Relations Between the European Union and its Eastern European Neighbours

2019 ◽  
Vol 9 ◽  
Author(s):  
Adriana Kalicka-Mikołajczyk
Keyword(s):  
European Union ◽  
International Law ◽  
Eastern European ◽  
The European Union ◽  
Interstate Relations ◽  
The Past ◽  
Military Conflicts ◽  
The Future ◽  
Mutual Tolerance ◽  
The Impact

The good neighbourliness principle is one of the most important principles in interna-tional law which designates a model of peaceful cooperation and mutual tolerance among neighbouring states. Its violation in the past, however, very often led to military conflicts and many international disputes and may lead to serious disputes among neighbouring states in the future. Thus, the good neighbourliness principle has a clear legal value54. This article analyses the good neighbourliness principle as a key principle that obligates neighbouring states to develop and to maintain peaceful interstate relations. The focus is twofold: firstly, on the scope, content and nature of the good neighbourliness principle in international law and secondly, on the impact of the good neighbourliness princi-ple on the relations between the European Union and its Eastern Neighbours within the framework of the neighbourhood policy and the enlargement policy.

scholarly journals A review of the tendencies and challenges in the European Union labour market

2018 ◽  
Vol 6 (2) ◽  
pp. 58-75
Author(s):  
Imola Cseh Papp ◽  
Norbert Bozsik ◽  
Erika Varga
Keyword(s):  
European Union ◽  
Labour Market ◽  
Theoretical Background ◽  
Jel Classification ◽  
Real Economy ◽  
The European Union ◽  
Theoretical Frameworks ◽  
The Past ◽  
Labour Shortage ◽  
The Impact

Purpose – The paper presents the phenomenon of the past decade (2008-2018) that shaped the labour market all over Europe and also points out the differences lying beneath with the changes generated in the post-crisis period. In the context of this study this literature review is intended to provide a theoretical background for the development of a piece of research revealing the new labour market phenomena. Design/methodology/approach – The study first examines theoretical frameworks, solutions, and their practical operation through international experience. Findings – The economic crisis, initially of financial nature, had its percussions felt on the state budget and went on to real economy. Its consequences were also felt on the labour market. According to global experience, modern economies and societies are facing several challenges including unemployment, labour shortage and underemployment at the same time, in spite of the fact that the level of employment has significantly been rising in the past few years. Research limitations/implications – We applied an abductive approach. The reconstruction of past events is based on abduction, as we can deduce the events from their consequences and impacts on the present. Practical implications – Both unemployment, labor shortages and underemployment result in unfavorable economic conditions in a country. It is of utmost importance to effectively address these phenomena in order to reduce and control their negative effects. Originality/Value – Our study deals with the impact of employment on the labour market, the three key phenomena of the labor market: labour shortages, chnages in underemployment and international migration (labour migration) in European Union countries. Analysis is needed because conscious economic policy begins timely preparations for these changes. Keywords: job vacancy, labour market, labour shortage, migration, underemployment Research type (choose one): research paper JEL classification: J24, J62

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