Full-text resources of CEJSH and other databases are now available in the new Library of Science.
Visit https://bibliotekanauki.pl

Results found: 6

first rewind previous Page / 1 next fast forward last

Search results

help Sort By:

help Limit search:
first rewind previous Page / 1 next fast forward last
1

INSTRUMENTS OF PROTECTION OF ENTITIES' RIGHTS (OTHER THAN LEGAL ONES) IN THE EUROPEAN COMMUNITIES

100%
Sozanski J.
Myśl Ekonomiczna i Prawna
|
2005
|
issue 3(10)
77-112
EN
Protection of individuals' rights is usually seen as legal protection. However, protection other than legal one seems to be equally important and in many cases (also concerning 'acquis communautaire') much more frequently used. The distinction between these two kinds of protection is not precise but it does not cause any problems in practice where this distinction is often used. Individuals are entitled to legal protection before TS and SPI but also before state courts (acting as community courts) which concerns infringement of rights guaranteed in 'acquis communautaire' by other entities, institutions and legal entities belonging to member states. The protection before state courts covers the whole scope of 'acquis' including (after the latest reform) the right of competition in the European Community. On the other hand, the protection other than the legal one includes the right to petition to the European Parliament and the right to lodge a complaint to the Community Ombudsman and also numerous complaints to the Committee in connection with infringement of the community law (e.g. public aid, subsidies, anti-dumping law and other economic and commercial practices). This kind of protection is additionally enriched by the right to address all institutions of the European Community and the European Union by private persons and legal entities in their native languages and the obligation to answer them in a native language. This kind of protection also includes all types of measures protecting consumers, protection of health and protection of environment. The authorities and public institutions of member states are obliged to provide protection other than the legal one.
2

THE EUROPEAN MODEL OF ADMINISTRATION VS. INTERNATIONAL INSTRUMENTS (INTRODUCTION TO THE TOPIC)

100%
Sozanski J.
Myśl Ekonomiczna i Prawna
|
2008
|
issue 4(23)
7-44
EN
Some of the provisions of the Universal Declaration of Human Rights and the European Convention on Human Rights can be recognized as germs of standards for good administration. The European model of administration that is effective and citizen-friendly, i.e. good, was first broadly discussed in the Council of Europe in 1970s. It was also influenced by some relevant Anglo-Saxon norms. The model and standards of good administration of the European Communities include, apart from special acts of the European Commission and Parliament, relevant norms of 'acquis communautaire' (the founding treaties and other legal acts) and some structures (institutions and bodies). Due to the specific character of the Union's regulations, good administration standards should be applied in all the European Union member states, including Poland (although we can have some doubts whether there are enough knowledge and effectiveness in this sphere). The role of these regulations as well as the link between them and the norms of the Council of Europe let us treat these standards as pan-European.
3

TREATY ESTABLISHING CONSTITUTION FOR EUROPE - DOUBTS AND CONTROVERSIES

100%
Sozanski J.
Myśl Ekonomiczna i Prawna
|
2005
|
issue 1(8)
166-192
EN
The Treaty establishing the Constitution for Europe assumes the introduction of a new legal and institutional system and the creation of the new European Union characterized by a wide entity. However, it is carried out without a clear concept and principles of transit, a hierarchy and a structure of the system. It is an act of a compiliatory character which results from the way it is drawn up and which also explains its lack of unity and some inconsistencies with the regulations of the Constitution. Its systematic nature is far from being logical. It seems glaring to repeat certain regulations with a simultaneous change of their formulation and not to indicate their mutual relations. While rejecting 'acquis communautaire' some regulations of the Constitution appeal to it. A considerable degree of generality may lead to non-selfpracticability of the norms. All this may provoke collisions and interpretation and application of the Constitution regulations contra Iegem. In addition, the situation might also strengthen the influence of the biggest countries on functioning of the new Union although one should not assume that their role in preparing and defending the text of the of the Constitution aimed at achieving this.
4

INCONSISTENCIES AND CONTRADICTIONS OF COMMUNITY LAW SYSTEM

100%
Sozanski J.
Myśl Ekonomiczna i Prawna
|
2005
|
issue 4(11)
12-54
EN
The Leaken Declaration adopted by the European Council on December 15, 2001 indicated weaknesses and inconsistencies of the system based on 'acquis communautaire'. Simultaneously, it advised the Convent to create the text of Constitution which would eliminate these weaknesses and create new solutions strengthening democracy, transparency and effectiveness of the Union. The introduction to the Treaty establishing the Constitution for Europe ( adopted October 29, 2004 in Rome ) claims that these objectives have been realized. But does it find confirmation in legal regulations of the above-mentioned Act? To answer this question the author first analyses the most essential weaknesses of 'acquis communautaire' and then the solutions adopted in the EU Constitution. The carried out juxtaposition indicates that 30 most essential shortcomings have been transferred to the Constitution. A lot of new ones have been added to 'transferred' shortcomings which resulted from mutual contradictions and inconsistencies of the Constitution provisions and repetitions of regulations of the same issues. However, in the 'acquis' system elimination of legal loopholes and contradictions and inconsistencies was carried out by the general principles of law. The text of the Constitution, however, does not specify the hierarchical position or the role of the general principles of law so they will not play a similar role in the new system - the system of the EU law . Moreover, the legal shortcomings introduced to the Constitution will be difficult to eliminate and due to the procedure of the Constitution changing and recommendations to seek 'assistance' (unfortunate from lege artis point of view) and the rules of negotiating the Convent agreements.
5

GENERAL PRINCIPLES OF LAW IN 'ACQUIS COMMUNAUTAIRE' AND IN PUBLIC INTERNATIONAL LAW - THE MOST IMPORTANT RESEARCH QUESTIONS

100%
Sozanski J.
Studia Prawnicze
|
2005
|
issue 2(164)
5-31
EN
General principles of law are considered to be a classic problem of public international law what is reflected in the literature of the subject. However, theoretical works do not find and neither do not analyze many important aspects included in the issue. In this context the following, more important research questions appear: (1) The position of general principles of law in systems of sources of internal and international law (excluding 'acquis communautaire') is not clear; (2) In theory there is concordance regarding the process of forming and obtaining binding force by general principles of law and of their relations with other sources of law; (3) Does the fact that states' constitutions very often omit general principles of law mean that they do not exist in these systems? (4) It can be supposed that even in 'acquis communautaire' (where principles have precisely described hierarchic position) discussed principles (which are on the lowest place in the hierarchy of sources of primary law) do not have to be applied while acts of higher order are created. In author's opinion: 1-The role of general principles of law exposed 'in acquis communautaire' and their impact on other sources of law as well as supremacy over national legal systems does not find wider reflection in universal, public international law; 2 -Both in the international and internal law a fact of breaking (offending) the general principles of law by legal acts or decisions (as well by the procedures of creation of law) does not impose their invalidity either ex lege or on the basis of complain; 3 - Art. 25 of the Fundamental Law (Constitution) of the Federal Republic of Germany is referred sometimes in the theory as contradictory to above affirmation, but it must be compared with contents of German constitutional law which doesn't provide any mechanism of ex lege respect for treaty international law rules in the internal legal order; 4 -Constitution for Europe may break or stop (profitable for binding force of public international law and for democratic harmonization of internal orders, deriving from 'acquis communautaire') tendency fortifying role and effectiveness of general principles of law. Concluding, one may state that general principles of law must constitute a decisive base of any legal order, as well as for its creative, functional, interactive and relative activities. Any legal order corresponding to its essential requirements must not only include general principles of law but also assure their high position in hierarchy of that system. It will be also profitable to introduce these postulates to public international law and to the Union law created by Treaty establishing Constitution for Europe.
6

EUROPE'S BORDERS FROM THE PERSPECTIVE OF MYTHOLOGY AND 'NOMOS' AND THE EU ENLARGEMENT

51%
De A. M. e., Pellegrini M., Sozanski J.
Myśl Ekonomiczna i Prawna
|
2006
|
issue 4(15)
82-106
EN
The aim of the paper is to analyze the premises of establishing Europe's borders including the aspect of the EU enlargement. The analysis was conducted by retrogressive and diachronic methods on the basis of some research projects initiated by the Institute of Social Studies of the Faculty of Economics of the Polytechnic University of Ancona. The results of the analysis clearly indicate that despite the fact that the historical, geographical and civilizational criteria (including those of mythology and the history of writing) enable us to establish the basic cognitive reasons, they do not allow us to establish strict and clear-cut borders. One may draw a conclusion that due to Europe's development prospects and the interests of the EU member states apart from objective factors of historical and geographical nature pragmatic elements in the economic, social and political contexts should be taken into consideration.
first rewind previous Page / 1 next fast forward last
JavaScript is turned off in your web browser. Turn it on to take full advantage of this site, then refresh the page.