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  1. 1 Myśl Ekonomiczna i Prawna

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  1. 1 Sozanski J.

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  1. 1 2005

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INSTRUMENTS OF PROTECTION OF ENTITIES' RIGHTS (OTHER THAN LEGAL ONES) IN THE EUROPEAN COMMUNITIES

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Sozanski J.
Myśl Ekonomiczna i Prawna
|
2005
|
issue 3(10)
77-112
EN
Protection of individuals' rights is usually seen as legal protection. However, protection other than legal one seems to be equally important and in many cases (also concerning 'acquis communautaire') much more frequently used. The distinction between these two kinds of protection is not precise but it does not cause any problems in practice where this distinction is often used. Individuals are entitled to legal protection before TS and SPI but also before state courts (acting as community courts) which concerns infringement of rights guaranteed in 'acquis communautaire' by other entities, institutions and legal entities belonging to member states. The protection before state courts covers the whole scope of 'acquis' including (after the latest reform) the right of competition in the European Community. On the other hand, the protection other than the legal one includes the right to petition to the European Parliament and the right to lodge a complaint to the Community Ombudsman and also numerous complaints to the Committee in connection with infringement of the community law (e.g. public aid, subsidies, anti-dumping law and other economic and commercial practices). This kind of protection is additionally enriched by the right to address all institutions of the European Community and the European Union by private persons and legal entities in their native languages and the obligation to answer them in a native language. This kind of protection also includes all types of measures protecting consumers, protection of health and protection of environment. The authorities and public institutions of member states are obliged to provide protection other than the legal one.
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