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  1. 5 Godecki Z.

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1

A Critique of the Institution of Financial Penalties in Maritime Legislation

100%
Godecki Z.
Prawo Morskie
|
2008
|
vol. 24
77-85
EN
Under former maritime legislation, breaching the regulations established by this legislation was considered a crime or a misdemeanor. The punishment for the latter was usually a money fine. From 1991, this kind of action was punishable by so-called financial penalties, imposed by administrative decision (in administrative procedure) by the local organs of the maritime administration. The present normalization of this material raises a host of objections. This article discusses this process of normalization, and casts doubt upon its legality and constitutionality.
2

On the possible unconstitutionality of some regulations in the maritime law

100%
Godecki Z.
Prawo Morskie
|
2005
|
vol. 21
219-228
EN
To date, only once has the Constitutional Tribunal handed down a verdict concerning the unconstitutionality of a certain maritime legal regulation. This, of course, does not mean that the other legal regulations are constitutional. This paper presents arguments that support this thesis. Primarily, the author analyzes regulations on fisheries of 2004 and those pertaining to the Polish marine areas and the maritime administration from 1991. According to the author, mainly legal regulations regarding financial penalties are constitutionally suspect.
3

State control over private marine pilotage

100%
Godecki Z.
Prawo Morskie
|
2006
|
vol. 22
201-214
EN
The normalization of marine pilotage within the maritime code, the statute of maritime safety, and the executive regulations of these statutes is controversial in many aspects regarding their technical and substantive correctness. This is especially apparent in light of the fact that the service is not provided by the state (maritime administration) but by private operators who are taking advantage of their constitutional rights to conduct business. Furthermore, the service is realized by pilots who enjoy the same rights as well as the freedom to work. This article includes a critical analysis of these regulations regarding state control of pilotage and provides material for analyses to formulate proper conclusions both 'de lege lata' and 'de lege ferenda'. Over fifty propositions for urgent revisions of the maritime code, including the pilotage issue, have been published in the relevant literature. These regulations appear to be the weakest section of the code. However, the author analyzes only article 229. Combined with article 36 of the statute of maritime safety and executive acts for these rules, this article presents a very poor picture of the legislation in this field.
4

Classification institutions within the system of maritime safety

100%
Godecki Z.
Prawo Morskie
|
2004
|
vol. 20
41-53
EN
The author analyzes the role of classification institutions in the system of maritime safety. The legislation of November 9, 2000 on maritime safety assigns well-described roles to classification institutions, among others. This is not new legislation since one chapter of the maritime code of 1961 addressed the issue of sea vessel safety, as did an even earlier Polish Republic presidential order of 1930. In this area, Polish maritime law complies with European law, especially with regard to Council Directive No. 94/57'/WE of November 22, 1994. The executive order to art. 15, act 1, pt. 2 in the act on maritime safety was constructed to correspond to this directive. This refers to the order of November 20, 2002 regarding the procedure to grant approval for classification institutions to undertake the technical supervision of vessels and the types and ranges of servicing of sea-going vessels. Vessels cannot be used in maritime shipping if they do not comply with legal requirements regarding their construction, fixed devices, and equipment. The regulation of November 29, 2000 on maritime safety refers to international conventions and to the rules in this act. The controversial issue is if the minister responsible for issues regarding the maritime industry can legally approve current technical regulations regarding vessel construction, fixed devices, and equipment issued by a Polish classification institution.
5

Maritime Law: Community Law, Union Law, European Law?

100%
Godecki Z.
Prawo Morskie
|
2008
|
vol. 24
3-12
EN
The modifiers in the title of this paper - 'community', 'union' and 'European' - are in general use with regard to the same legal phenomena. This general terminological distinction has a negative effect on the terminology of the academic study of maritime law, and there is no reason why this should be so. The most appropriate term world be 'European maritime law'. The article presents arguments in favor of the use of this term.
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