Results found: 2

Search results

Sort By:

Limit search:

ALTERNATIVE METHODS OF REGULATING ELECTRONIC COMMERCE IN THE INTERNATIONAL AND EUROPEAN COMMUNITY PERSPECTIVE

100%

Kowalik-Banczyk K.

Studia Prawnicze

2005

issue 1(163)

51-70

The notion of electronic commerce encompasses the whole set of transactions concluded by means of electronic communication. Those transactions are often of particular character - they are both international and consumerist. Therefore the norms and regulations issued by particular states or stemming from international agreements are notoriously not adapted to efficiently protect the interests of the parties of such transactions. The object of the article is to present the alternative methods of regulating electronic commerce that gradually gain on importance, although they are relatively far from the traditional sources of law, mainly because their binding force is questionable. The abundance of new methods and their growing role are the reasons for the closer analysis. The regulating techniques presented include among others: soft law, self-regulation, co-regulation, e-custom, technical standardization as well as the so-called 'lex informatica'. The article reveals the general tendency of introducing some sort of soft harmonization, causing that the consumers and enterprises using the means of electronic communication can expect very similar rules of conduct regardless of their country of origin.

THE SCOPE OF RIGHTS STEMMING FROM EUROPEAN UNION CITIZENSHIP IN LIGHT OF THE JURISPRUDENCE OF THE EUROPEAN COURT OF JUSTICE

100%

Kowalik-Banczyk K.

Studia Prawnicze

2006

issue 2(168)

47-64

The aim of this paper is to examine the scope of some rights stemming from the possession of European Union' citizenship. Although the rights resulting from this citizenship are commonly known, their exact extent is precised in the European Court of Justice's (ECJ) jurisprudence in a way that often broadens the literal interpretation of Treaty provisions. This generally positive process is sometimes contrary to the Member States' economic interests. In the paper, the analysis of recent jurisprudence of ECJ concerning this problem is divided into two parts. First the relationship between citizenship and the prohibition of discrimination based on nationality (art. 12 TCE) is considered. The ECJ insists on verifying in each case if the situation is a purely internal situation, refusing in such circumstances the application of Treaty provisions on citizenship. But the definition of 'transnational factor' is so broad that it hardly happens. Thus the generał prohibition of discrimination based on nationality is regularly used by the ECJ in cases concerning EU citizens. Second, the limits for applying the right of circulation and stay (art. 18 TCE) are examined. The Treaty imposes an obligation to consider secondary legislation as setting those limits. The Court however generally ignores this indication and interprets the Treaty provisions as if no secondary legislation was in place. Further in the paper, this recent jurisprudence is confronted with the provisions of directive 38/2004 on rights of EU citizens. The directive solves most of the doubts raised by the judicial decisions of the ECJ, limiting the scope of rights set by the Court. The analyzed jurisprudence indicates that the ECJ is determined to grant as broad the rights to the European citizens as possible, sometimes against the will of particular Member States. If the attitude of the Court remains as it is presented in this review of jurisprudence, the clear limits granted by the directive 38/2004 might be overlooked in the further Court's activity.

Refine search results

2 Studia Prawnicze

1 2006

1 2005

2 Kowalik-Banczyk K.

Search results

ALTERNATIVE METHODS OF REGULATING ELECTRONIC COMMERCE IN THE INTERNATIONAL AND EUROPEAN COMMUNITY PERSPECTIVE

THE SCOPE OF RIGHTS STEMMING FROM EUROPEAN UNION CITIZENSHIP IN LIGHT OF THE JURISPRUDENCE OF THE EUROPEAN COURT OF JUSTICE