Full-text resources of CEJSH and other databases are now available in the new Library of Science.
Visit https://bibliotekanauki.pl

Results found: 11

first rewind previous Page / 1 next fast forward last

Search results

Search:
in the keywords:  COMMUNITY LAW
help Sort By:

help Limit search:
first rewind previous Page / 1 next fast forward last
1
Content available remote

Ochrona „uprawnionych interesów” państw członkowskich UE w unijnym prawie kontroli koncentracji

100%
Skoczny T.
Studia Europejskie-Studies in European Affairs
|
2012
|
issue 1
51-82
EN
This paper considers primarily the legislative basis (II) and case law developments of the enforcement practice (III) of the legal institution designed to protect the legitimate interests of EU Member States as formulated by Article 21(3) Regulation 4064/89 and Article 21(4) Regulation 139/2004. The analysis covers both known groups of ‘legitimate interests’: (1) interests ‘legitimate’ explicite, also called ‘recognised’ or ‘listed and defined’ interests, namely, ‘public security’, ‘pluralism of the media’ and ‘prudential rules’; as well as (2) ‘other legitimate interests’, also known as ‘innominate interests’ (IV). Covered are also competence and procedural issues surrounding legitimate interests relevant to merger control in light of EU rules of the control of concentrations (V). In analytical terms, the aim of this paper is to delineate the limits of the Member States’ intervention into merger control proceedings taking place before the European Commission that concern concentrations with an EU dimension. In this respect, the relation between EU merger control rules and public economic laws of its individual Member States is considered. On this basis, it is possible to draw conclusions helpful for the reconstruction of the Polish legal institution of an ‘exceptional clearance for anticompetitive concentrations’ contained in Article 20(2) of the Polish Competition and Consumer Protection Act of 2007 (VI).
2
Content available remote

Rozwój regulacji socjalnych w prawie wspólnotowym

100%
Kopciuch K.
Studia Europejskie-Studies in European Affairs
|
2014
|
issue 1
s.37-50
EN
This article presents the history of regulation of Community law, including one of the core issues of European integration, which is social policy. Starting from the founding treaties, by showing gradual changes in Community law highlights the key aspects of the discussed policy and its practical implementation. Particular attention was paid to two documents: the Community Charter of Fundamental Social Rights of Workers and the Charter of Fundamental Rights, including in its regulations a significant catalog of social rights. Work also addresses social issues in the existing Treaty of Lisbon.
3
Content available remote

Wystąpienie a wykluczenie państwa z Unii Gospodarczej i Walutowej w aspekcie prawno finansowym

100%
Fedorowicz M.
Studia Europejskie-Studies in European Affairs
|
2012
|
issue 4
78-94
EN
The study discusses the legal and financial problems of a potential withdrawal, exit or expulsion of an EU Member State from the Economic and Monetary Union. The legal and financial analysis has proven that in accordance with the Lisbon Treaty, neither an exit nor an expulsion of an EU Member State from the euro area is possible. The conclusions presented in this article following an interpretation of the articles of the Lisbon Treaty addressed also the financial aspects of a potential exit or expulsion from the EMU.
4
Content available remote

Kilka uwag w kwestii możliwości wycofania się przez Polskę z protokołu polsko-brytyjskiego

80%
Czapliński W.
Studia Europejskie-Studies in European Affairs
|
2012
|
issue 1
83-94
EN
Article 6 of the Treaty on the European Union, in the version established by the Lisbon Treaty, gives a binding force to the Charter of Fundamental Rights, including it in the primary law and making it equal with it. Thus, the instrument was not directly included in the Founding Treaties, as provided for by the Constitutional Treaty. The Protocol on the Application of the Charter of Fundamental Rights to the United Kingdom and the Republic of Poland is an inseparable part of EU primary law. The aim of the Protocol is to limit the pos-sibility for the ECJ to control the application of the Charter in cases in which laws provided for in the Charter have been confirmed by the Polish legal system. It does not seem apt to say that Poland’s withdrawal from the Polish-British Protocol would only be possible through a new protocol, ratified by all Member States. EU law, as a subsystem of public international law, is essentially deformalised and leaves a relative freedom of action to states. There are no obstacles to applying these non-formal procedures (such as withdrawing the special reservation by Poland) to the Polish-British protocol
5
Content available remote

Pytania prejudycjalne do ETS w praktyce polskich sądów administracyjnych

80%
Talaga R.
Studia Europejskie-Studies in European Affairs
|
2010
|
issue 1
91-116
EN
The aim of this article is to present the basic problems of submitting preliminary questions tho the European Court of Justice by Polish administrative courts. The author descibes the issuses related to the object of legal question i.e. the scope and contents of a request for interpretation of provisions of the Community law. The paper also presents the issuses related to the procedure and form of submitting a preliminary question and the results thereof for the main proceedings pending. The problem if a court submitting a preliminary question should suspens the proceedings or adjourn the hearing of the case and whether the discusions of the court in that respect may appeled against is of particular importance. Apart from presenting specific practical information on the institition of preliminary question and its role in the system of interpretation of law as well as presenting the judicial decisions of the polish administrative courts, the author analysed the activity of courts in application of the pro - Community interpretation using examples. It was to prove that such interpretation not only changes the existing understanding of polish law but also eliminates the specific provisions if, in the court’s opinion, they contadict the Community law. In the end of the analysis of judicial decisions the author formulates the conclusion that the administrative courts generalny accept the principle of the pro – Community interpretation being convicted that the polish judicial decisions have become an integral part of the Community system of judicature.
6

MILESTONES OF THE COMMUNITY LAW APPLICATION IN THE ITALIAN CONSTITUTIONAL COURT´S CASE LAW (PART I) (Milniky aplikacie komunitarneho prava v judikature talinskeho ustavneho sudu (I. cast))

80%
Janco M.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2010
|
vol. 93
|
issue 1
18-35
EN
The article deals with selected significant decisions of the Italian Constitutional Court, which have determined the development of Community law application in the Italian legal order and can be a source of inspiration in particular for the new Member States of the European Union, including The Slovak Republic. The Italian Constitutional Court´s decisions analyzed in the first part of this article deal with the fundamental questions of the Community law applications in national legal orders, in particular with the relationship between Community law and national law, solutions of conflicts between Community law and national law concerning the application of law and the protection of the fundamental constitutional principles and human rights guaranteed by the constitution.
7

ON THE LONG WAY TOWARDS EUROPEAN CIVIL CODE (PART III.) (Na dlhej ceste k Europskemu obcianskemu zakonniku (III. cast.))

80%
Janco M.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2009
|
vol. 92
|
issue 3
228-240
EN
The third part of the article deals with the legal basis for adopting a European Civil Code in Community law and with its legitimacy and outlines certain problems of European supranational codification of civil law concerning in particular a uniform application of unified rules, legal pluralism and the appropriate form of a supranational civil code. The author points out that the question of adopting a uniform civil code for Europe is not only related to legal, but also to many extralegal categories and policy-based considerations. As to the feasibility of a European Civil Code, the author comes to the conclusion that the rules of civil law can be unified in form of a uniform civil code. However, clear economic and political arguments in favour of such a solution are currently missing. Moreover, even if a political agreement to adopt a European code were reached, which seems improbable, without at least certain elements of a common legal culture, the unified rules would not be applied in a uniform way in various legal environments. Nonetheless, given the converging tendencies in the European legal area, the author concludes that European private law is on its albeit long way towards a European Civil Code. However, this code will almost certainly not be a classic code, but rather a postmodern open-textured set of rules the concrete form of which cannot predicted yet.
8

AN INTERPRETATION OF COMMUNITY LAW - METHODS AND BINDING FORCE OF ESJ LEGAL REASONING

80%
Szuniewicz M.
Studia Prawnicze
|
2006
|
issue 1(167)
23-68
EN
This study is aimed at analysing a way of an interpretation of European law, precisely the methods of interpretation employed by the European Court of Justice (ECJ) and binding force of its legal reasoning embodied in preliminary rullings. The first part of this work tries to indicate a new attitude and more comprehensive view on process of ECJ's legal reasoning which should be - according to the author's opinion - considered as a kind of matrix of particular elements, a specific puzzle of commonly known methods and techniques of legal interpretation with a paradigm of European integrity and principles of 'uniformity' and 'effect utile' as determining factors. This leads to putting forward a suggestion for comprehensive 'holistic' approach to all elements in the 'matrix of considerations' by reference to which the legal meaning of the provision in question is to be identified, which is followed by the precise description of each of them. The second part deals with the institution of preliminary rullings and the question of its binding force with a special emphasis lied on the 'clear meaning' of the provision whether according to 'clara non sunt interpretanda' rule ('acte clair') or because its meaning has already been explained in previous ECJ case law ('acte éclaire').
9

TOPICAL ISSUES OF THE PRIORITY APPLICATION OF THE COMMUNITY LAW IN RELATION TO THE CHARTER OF FUNDAMENTAL RIGHTS AND THE LISBON TREATY (Aktualni otazky prednostni aplikace komunitarniho prava ve vztahu k Listine zakladnich prav a Lisabonske smlouve)

70%
Sehnalek D.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2009
|
vol. 92
|
issue 6
485-501
EN
The author deals with the issues of the supremacy of the Community law from the view of the Czech Republic and the Lisbon Treaty. The question the author tries to answer is: 'Are the concerns about adoption of the Lisbon Treaty and the Charter of Fundamental Rights justified? Can these documents actually lead to the revision of the national legislation?'. To find answer to this question the article first analyzes the principle of supremacy of the Community law and then deals with the issue of the protection of fundamental rights and freedoms in the European Union. The author concludes that the Charter lays down the new standard of the protection of fundamental rights, but this will apply only in relation to activities falling within the competence of the European Union. The revision of national legislation is therefore excluded even after the effective date of the documents mentioned above. The article outlines the present attitude of the Czech Constitutional Court to the principle of supremacy.
10

MILESTONES OF THE COMMUNITY LAW APPLICATION IN THE ITALIAN CONSTITUTIONAL COURT´S CASE LAW (PART II) (Milniky aplikacie komunitarneho prava v judikature talinskeho ustavneho sudu (II. cast))

70%
Janco M.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2010
|
vol. 93
|
issue 2
117-138
EN
The article deals with selected significant decisions of the Italian Constitutional Court, which have determined the development of Community law application in the Italian legal order and can be a source of inspiration in particular for the new Member States of the European Union, including the Slovak Republic. In particular, the Italian Constitutional Court´s decisions deal with the relationship between Community law and national law, solutions of conflicts between Community law and national law concerning the application of law and the protection of the fundamental constitutional principles and human rights guaranteed by the constitution and last but not least, the relationship between the Italian Constitutional Court and the European Court of Justice.
11

COMPATIBILITY OF POLISH PROVISIONS ON THE TREASURY'S 'GOLDEN SHARES' WITH EC LAW (Zgodnosc polskich unormowan dotyczacych 'zlotej akcji' Skarbu Panstwa z prawem wspólnotowym)

70%
Adamczyk L., Baranski T.
Studia Prawnicze
|
2008
|
issue 2(176)
41-70
EN
The paper deals with the issue of compatibility of 'the Act on special rights of the Treasury and the execution of these rights in companies important for public security or public policy' with the freedom of capital movement in the context of ECJ case-law. The first part of the paper analyzes the notion of the freedom of capital movement as well as the notion of a golden share as a restriction of this freedom against the background of the ECJ case-law. The next part covers legal solutions adopted in the Polish act, namely its subjective scope, rights of the Minister of Treasury in companies, in which the golden share exists, the nature of these rights and the institution of Treasury observers. The final part of the paper examines the compatibility of the 'golden shares' model adopted by the Polish legislator with the ECJ case-law. In particular, the authors seek to predict what would be the ECJ decision if the European Commission would bring an infringement case against Poland. This analysis includes the following issues: Polish act as a restriction on the freedom of capital movement, the possible justifications of this restriction and the proportionality of the 'golden shares' model adopted by Poland. As their final conclusion the authors express the view that the Polish provisions on State Treasury 'golden shares' in principle conform with ECJ's guidelines, although some features of the Polish golden share system can be questioned.
first rewind previous Page / 1 next fast forward last
JavaScript is turned off in your web browser. Turn it on to take full advantage of this site, then refresh the page.