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Temporary Legislation: Theoretical and Practical Aspects

100%
Shulima A.
Krakowskie Studia Małopolskie
|
2021
|
vol. 1(29)
112-131
EN
This article is devoted to the temporary legislation issues as multifunctional legislative instruments, which can be efficiently used in the current dynamic of social, political, information, communication and economic processes. The author regards main scholarly advantages and drawbacks of the introduction of temporary legislation in lawmaking, particularly in the context of stability and predictability of legal regulation, equality of participants in the legal relations. The factors determining the practical necessity of temporary regulation (particularly, innovative products, introduction of new public regulation or economic regimes political or military crises, pandemic) are systematized in this article. It also introduces the review of international experience of application of a temporary regulation in the countries with different legal systems, which shows ways of practical usage of this instrument and lack of systemized approaches for it. The author suggests distinguishing between two main types of temporary regulation - temporary (transitional) and experimental - and identifying potential areas of practical application of such regulation, in particular: rapid response to temporary topical problems, decision-making in highly unpredictable situations, more dynamic regulation of innovation and development. At the same time the systematic modeling of introduction and expiration date of temporary regulation is indicated as the main requirement for the effective implementation of such regulation in compliance with the principle of rule of law. Overall, the author concludes that to be effective, efficient and prospective tool of regulation temporal regulation has to be based on the principles, methods and restrictions of its application, which in turn have to be developed by lawyers.
2
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Udział Polski w transformacji międzynarodowego prawa inwestycyjnego. Aspekty prawnomiędzynarodowe i konstytucyjne

100%
Kułaga Ł.
Przegląd Sejmowy
|
2018
|
issue 3(146)
103–122
EN
International investment law is in the process of profound reforms, aimed at guaranteeing a better balance between the interests of foreign investors and the interests of host states. Such a process is strictly connected with the dispute resolution mechanism included in the bilateral investment treaties. The controversy resulting from the application of these treaties has led some states to take measures to denounce them. Poland has also taken such an actions, which are currently focused on BITs concluded with other EU Member States due to their potential inconsistency with EU law. The main aim of the article is to present the specifi cs of fi nal clauses of bilateral treaties on the protection and promotion of investments, describing solutions adopted by states in order to terminate those treaties and to present Polish practice in this regard.
3
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Investment and Regulation in Telecommunications

72%
Piątek S.
Yearbook of Antitrust and Regulatory Studies
|
2008
|
vol. 1(1)
109-129
EN
This article presents the difficulties associated with the implementation of the regulatory goal of promoting investment and innovation within the area of sector specific regulation in telecoms. The encouragement of efficient investment is one of the major goals reflected in the EC and domestic legal rules on telecoms access as well as price- and rate of return regulation. The law and the interplay of the interests of incumbents and alternative operators create a fertile soil for the emergence of various regulatory concepts of stimulating investment and facility-based competition. Considered here are the concepts most frequently referred to in this context including: the notion of new and emerging markets, the ladder of investment theory, sunset clauses and dynamic pricing policies. However, most of these concepts had little influence on regulatory practice so far, seeing as telecoms regulation is mostly directed at service competition and effective utilisation of existing infrastructures. This fact is the result of national regulators balancing their various regulatory goals in the existing technical and economic environment of the sector. The approach of the Polish regulatory authority towards these concepts constitutes an example of this reality. The urgent need to establish a new policy for next generation networks and access, bringing new technologies and business models to the sector, will have to induce more recognition for some concepts presented in this article.
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