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1
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The Significance of Effective Labour Inspectoratesfor Cross-border Labour Mobility

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Ryszka J.
Adam Mickiewicz University Law Review
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2019
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vol. 9
EN
Efficiently functioning labour inspectorates play a key role for both fair mobility and the protection of workers’ rights. They contribute, for example, to combating and eliminat-ing hazardous working conditions, and ensuring that remuneration and social insurance premiums are actually paid. This is significant in the context of the posting of workers in the framework of the provision of services. Establishing the liability regarding compli-ance with the occupational health and safety regulations is causing serious practical dif-ficulties. Therefore, it is important above all to identify initiatives undertaken at the EU level designed to enhance cooperation of national labour inspectors in this field. It is also important to carry out an assessment whether they work efficiently, require systematis-ing, or perhaps it is necessary to undertake more formalised initiatives, e.g. in the form of a new EU institution.
2
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Przystąpienie do Unii Europejskiej a członkostwo w Unii Gospodarczej i Walutowej

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Ryszka J.
Opolskie Studia Administracyjno-Prawne
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2013
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vol. XI
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issue 4
59-74
EN
The concept of the Economic and Monetary Union is understood as a kind of advanced stage of economic integration based on a common market, where close coordination of economic and fiscal policy is provided, and, in the case of countries that meet certain conditions – a common monetary policy and a single currency. The Economic and Monetary Union includes two types of states: those that are members of the EU and remain outside the eurozone and those which are characterized by simultaneous membership in the EU and in the eurozone. Adoption of the euro, in fact, is one of the obligations of membership in the EU, although it may only follow upon fulfillment by the member state of the convergence criteria. Responsibilities of the member states forming the Economic and Monetary Union and using the euro are generally different, although one can point to certain elements that are in common. One of them is the obligation to refrain from excessive budget deficits. Although all members of the Economic and Monetary Union must ensure economic coordination within the EU, the consequences of non-compliance with the relevant reference values are in fact different in relation to the eurozone countries and those beyond it. Ensuring the effectiveness of execution of these obligations is of paramount importance in the time of the financial crisis that emerged in 2008. The EU has taken some interesting steps to be able to successfully fight this financial crisis, like, for example, the so-called fiscal pact or the European Stability Mechanism. Identification of all EU member states with the objectives of the EU strategy to fight the crisis will undoubtedly strengthen the EU’s credibility in international financial markets.
3
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Zasada proporcjonalności jako obiektywne uzasadnienie ograniczeń w swobodnym przepływie osób w Unii Europejskiej

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Ryszka J.
Opolskie Studia Administracyjno-Prawne
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2016
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vol. 14
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issue 4 (1)
55-73
EN
The principle of proportionality in the EU legal order applies, among others, to actions taken by Member States in the situation where they are willing to use, permitted by the EU law, derogation from its provisions, in particular – in the area of internal market freedoms. Derogation from those freedoms will not be justified if it is not absolutely necessary. National regulations must therefore be proportionate to the objective that these restrictions are to protect. With respect to the free movement of persons, as an example of these goals, the protection of fundamental rights could be mentioned. It is vitally important for the realization of an internal market due to the existence of interesting interactions occurring between them and specific ways of applying the principle of proportionality when they collide with each other.
4
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Recenzja książki Vasiliki Kosta, Fundamental Rights in EU Internal Market Legislation, Oxford and Portland, Oregon 2015, 330 s.

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Ryszka J.
Opolskie Studia Administracyjno-Prawne
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2018
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vol. 16
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issue 2
261-270
PL
Implementation of the internal market is one of the basic aims of cooperation between Member States within the EU, being at the same time an integration area that is perceived positively by both their supporters and opponents. Issues related to the implementation of the internal market freedoms are even more interesting in its confrontation with the protection of fundamental rights. This is undoubtedly a significant issue when we think about the degree of identification of the Union citizens with the Union itself. The reviewed monograph takes all the above-mentioned elements, focusing in particular on examining how and to what extent the protection of these rights is implemented in the EU legislation on the internal market. The scientific analysis carried out within its scope covered such important and basic rights as personal data protection, freedom of expression, basic rights related to the performance of work and the right to health protection.
5
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The new situation of posted workers in the framework of provision of services in the internal market of the European Union. Gloss to the Judgment of the Court of Justice of 8 December 2020 in Case C-626/18 Republic of Poland v Parliament and the Council of the European Union

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Ryszka J.
Opolskie Studia Administracyjno-Prawne
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2021
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vol. 19
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issue 2
131-142
PL
Instytucja delegowania pracowników w celu świadczenia usług w innym państwie członkowskim, choć nie stanowiąca znaczącego udziału w rynku wewnętrznym Unii Europejskiej, w ostatnich latach wzbudziła wiele emocji wśród jej państw członkowskich. Dla jednych oznaczając możliwość konkurencyjnej aktywności na rynkach innych państw, dla innych zagrożenie w dostępie do rynku pracy, dość skutecznie te państwa podzieliła. Jest to zwłaszcza widoczne w świetle ostatniej nowelizacji reguł delegowania pracowników przewidzianej postanowieniami dyrektywy 2018/957. Realnym tego wyrazem są określone wątpliwości przedstawione w skardze do Trybunału Sprawiedliwości Unii Europejskiej przez Polskę, reprezentującą jedną ze stron wspomnianego wyżej podziału. Wątpliwości te dotyczą przede wszystkim stosowania wobec pracowników delegowanych pełnego wynagrodzenia w zamian za minimalne stawki płacy oraz nowej kategorii delegowania długoterminowego.
EN
Although the institution of posting workers to provide services in another Member State does not constitute a significant share in the internal market of the European Union, it has become a thorny issue among its Member States in recent years. For some of them, it meant the possibility of rendering competitive services on the markets of other countries, whereas others perceived it as a threat to gaining access to the labour market. This is especially visible in the recent amendment to the rules on the posting of workers laid out in Directive 2018/957. The split between Member States resulted in action brought to the Court of Justice of the European Union by Poland, representing one of the sides to the abovementioned division. The doubts expressed in the complaint mainly concerned the application of the concept of full remuneration rather than minimum rate of pay and the introduction of the new category of long-term posting.
6
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Protection of Social Rights as a Permament Challenge for the European Union

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Ryszka J.
Review of European and Comparative Law
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2021
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vol. 46
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issue 3
109-143
EN
Social rights protection in the European Union has undergone significant development. Currently their protection is regulated by relevant treaty provisions and the Charter of Fundamental Rights (Charter), both of a primary law nature, as well as by the non-binding European Pillar of Social Rights (Pillar). The aim of the paper is the assessment of the social rights protection in the EU, and whether all social rights provided in the CFR have their counterparts in the EPSR, hence whether and in what way the EPSR assists the actual exercise of social rights provided by the CFR. Comparing the content of the above-mentioned legal instruments makes it possible to answer the question whether all social rights provided in the Charter have their counterparts in the Pillar. This can help determine whether the latter affects the implementation of the former. If the answer is in the affirmative, it can further allow for determining in what way the principles of the Pillar assist in the actual exercise of social rights provided by the Charter. This is very important taking into account the need for an ongoing response to unforeseen threats, like for example COVID-19. The social aspects of EU integration thus are and will remain a subject of interest in the nearest future.
7
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Prawa podstawowe jako uzasadnione ograniczenie swobód rynku wewnętrznego Unii Europejskiej

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Ryszka J.
Przegląd Prawa i Administracji
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2014
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vol. 96
59 - 78
EN
In recent years we have seen the increase of the importance of fundamental rights protection within the EU legal order, also in the area of internal market freedoms. Initially, the need to take fundamental rights protection into account stemmed primarily from the need to avoid the resistance of member states towards the internal market. Its implementation could indeed be connected with limitations to fundamental rights. Currently, it is important that in the light of the Lisbon Treaty the legal status of fundamental rights and freedoms of the internal market has been theoretically equated. There are various situations in which the fundamental rights and freedoms of the internal market come into interaction. One can generally include those situations in which fundamental rights are the reasons for deviation from the compliance with internal market freedoms, those in which fundament al rights strengthen fundamental freedoms, those relating to freedom of movement and those which relate to issues of conceptualization of freedom of movement as fundamental rights. Practical aspect of current case law connected with situations in which fundamental rights are the reasons for deviation from the compliance with internal market freedoms shows that the fundamental rights are in fact protected as legitimate restrictions on fundamental freedoms through case by case assessment of a particular case. It is worth noting that the principle of proportionality plays here an important role. From a theoretical point of view, the situation is much worse. This is because the Court of Justice of the European Union is not able to clearly define the status of fundamental rights in relation to the basic freedoms of the internal market therefore failing to provide adequate protection of fundamental rights, or a sense of legal certainty. It is, however, worth noting that the primary legal status of the Charter of Fundamental Rights, causes that the fundamental rights contained therein will be subject to the same rules as other European Union law regulations, including the effet utile principle.
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„Nowe państwa członkowskie” w strefie euro – doświadczenia dla Polski

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Ryszka J.
Opolskie Studia Administracyjno-Prawne
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2011
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vol. IX
61-80
EN
In spite of the fact that the reception of a single currency is imposed as part of the duties resulting from membership in the UE, none of the states which entered the UE in 2004 and 2007 accepted the Euro on the day of their accession. It resulted from the obligation to satisfy the criteria of convergence determined in the treaty on functioning of the UE. At present 17 out of the 27 UE member-states belong to the Euro zone. Poland, as one of the countries entering the UE in the framework of the expansion of 2004 and 2007 is therefore obliged to replace its currency with the Euro. However, the deadline for this project is relatively flexible. Apart from the legal and economic criteria of convergence, there is also a need for carrying out peculiar and efficient steps of the practical nature. They are supposed to help citizens of the member states that joined the Euro zone to adjust themselves to the new legal and factual situation. Those practical steps concern, among others, determination of the relevant period of mandatory dual display of prices. This treatment is to counteract the negative impact of the introduction of the Euro with reference to prices. A very important element in the process of preparing for membership in the Euro zone is to provide banks, traders and retailers with the Euro cash. This usually happens within the last two or three months before the planned introduction of the Euro. It is also important to carry out an appropriate information campaign. At the initial stage, it should be relatively general in nature and subject to a gradual intensification as we approach the date of introduction of the Euro.
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