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1

Member States’ liability for judicial error resulting in breaches of European Union Law

100%
Neamt V. P.
Journal of Legal Studies
|
2016
|
vol. 17
|
issue 31
64-76
EN
This paper presents the remedies available to persons whose European law rights have been infringed by judgments given by national Courts. The paper firsts presents the concept of state liability for judicial errors in relation to European law, as it stems from the case-law of the Court of Justice of the European Union, then goes on to show how the European Court of Human Rights may give redress to such aggrieved parties. Finally, it discusses the differences in the possibility of redress given by the two courts and the compatibility between their approaches, finally leading to a discussion on the possible convergence of the two.
2

Ustalenie i weryfikacja pochodzenia a poczucie jakości życia. Zagadnienia wybrane w ujęciu prawno-porównawczym

100%
Wudarski A.
Kwartalnik Prawa Prywatnego
|
2014
|
vol. 23
|
issue 2
285-322
EN
This paper discusses selected legal issues related to establishing the descent of a child and the possibility of reviewing such cases. The topic is presented from the perspective of fathers, since their biological heritage is most frequently questioned. The paper presents a comparative analysis conducted on the basis of the case law of the European Court of Human Rights and focuses on comparing Polish and German family law. Critical remarks refer mainly to the lack of proper balance between the competing interests of the parties, including time limitations which make the process of reviewing paternity impossible. The study focuses on a unique procedure for determining descent which came into effect in Germany in 2008. This regulation should make it easier for close family members to exercise their right to know their own identity without changing the established legal paternity (Abstammungsklärung — § 1598a BGB). This article attempts to find common ground between the sense of the quality of one’s life and the right to know one’s own identity. The results not only contribute to the academic debate surrounding these issues, but above all aim to improve the quality of law and thus the quality of family life.
3

Legal aspects of the association of overseas countries and territories with the European Union

88%
Hruškovic I.
DANUBE: Law and Economics Review
|
2014
|
vol. 5
|
issue 1
65-75
EN
This article is concerned with an issue in European law that is historically derived from the Treaty establishing the European Economic Community. The aim is to illuminate the functions and objectives of the European Union that correspond to the provisions of Part Four of the Treaty on the Functioning of the European Union - Association of the Overseas Countries and Territories. The basic provisions are laid down in the primary law of the European Union but there are also other documents and legislative acts that lay down more detailed provisions on the given issue and reveal a more complex perspective. The article focuses on the existing legislation regulating the association of overseas countries and territories with the Union. The author first draws attention to the key provisions of the Treaty establishing the EEC that define the purpose, objectives and fundamental principles applied between the Union and the overseas countries and territories. The main purpose of the article, however, is to analyse the current legal basis of association and to highlight the need for a new legislative framework of cooperation. New legislation should take into account not only the interests of the Union, but also the desire of the overseas countries and territories for a new quality of mutual cooperation. The author argues that the best way to improve the association mechanism based on the Lisbon Treaty is to modernise the Union’s existing secondary legislation in this area. In this regard the author analyses issues related to Council decision 2001/822/EC on the association of the overseas countries and territories with the European Community and the proposal for a Council decision (COM/2012/362) of 16 July, 2012.
4

Dopuszczalny zakres działania spółki komunalnej

75%
Szczepaniak R.
Kwartalnik Prawa Prywatnego
|
2014
|
vol. 23
|
issue 2
449-472
EN
A municipal company operates most often as a limited liability company or a joint stock company. However, its legal status is characterized by a high degree of originality and it significantly differs from the status of a typical limited or joint stock company. In particular, local government units (in municipalities, counties, or provinces) implement through a municipal company their statutory duties to satisfy the needs of the local community. Therefore, the legal nature of the company is closely linked to the nature of a particular local government unit. A municipal company is an entity with a special purpose. It has been created to achieve specific objectives and the scope of its activities is defined by the law. One may ask the question what legal consequences arise when the company takes legal action, for example, it concludes a contract, beyond the statutory scope of its activity. According to the author this question is complex. In order to answer it interdisciplinary analysis should be carried out taking into account the scientific achievements regarding both the civil and the public law. In conclusion, the author advocates a moderate and cautious solution, taking into consideration the need to respect the principle of legal security. Thus he expresses the view that legal action, such as a contract concluded outside the scope of permissible activities of such companies will be valid. Consequences of another kind, such as administrative and legal sanctions may nonetheless occur
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