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Bilans dwudziestolecia istnienia rynku wewnętrznego Unii Europejskiej – aspekty wdrażania legislacji unijnej

100%
Ambroziak A. A.
Studia Europejskie-Studies in European Affairs
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2012
|
issue 4
51-78
EN
As the area of free movement of goods, services, capital and persons, the internal market of the EU has been functioning for over 20 years. After the first period of its development, its role was not appreciated. However, there is little doubt as to its influence on growth during the economic crisis in 2008–2010. Thanks to the efforts of the Polish presidency in the second half of 2011, the internal market was recognised as one of the most important sources of economic development and “escaping forward” from the crisis. The legislation of the internal market has a vital role in the creation of the proper conditions for entrepreneurs operating within the internal market of the EU. Their situation and position depend on the proper implementation of legal acts. However, thelack of implementation of EU directives in the Member States causes the socalled fragmentation of the internal market. Some Member States wrongly implemented EU legislation or did not transpose it at all, which has created different conditions for the entrepreneurs and consumers in the EU. It seems there are two solutions to address this problem. One of them has been applied for the last 3–4 years. Instead of directives, the Commission proposes using regulations which are directly applicable in all Member States and do not require any transposition and implementation measures on the part ofthe Member States. The second solution concerns the 28th regime, which would be an optional legal framework defined at EU level and constituting an alternative to national provisions.
2

STRATEGY FOR THE RE-LAUNCHING OF THE EU INTERNAL MARKET IN RESPONSE TO THE ECONOMIC CRISIS, 2008–2010

80%
Ambroziak A. A.
Yearbook of Polish European Studies
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2011
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vol. 14
27-54
EN
The 2008–2010 economic crisis revealed many problems in the EU’s real business market. Of course these resulted primarily from the troubles of financial institutions, but they also derived in part from deficiencies in the functioning of the EU internal market. In answer to these challenges, the Commission has presented the Single Market Act, which contains 12 initiatives directed at reviving the EU internal market. However, the strategy mapped out does not essentially provide for any substantial steps or actions which would, in the short term, improve the entrepreneurs’ situation in the crisis-ridden EU. It constitutes a deepening of the current integration, a simplification of the current regulations, and elimination of the most critical – i.e. not all – barriers. The internal market should be perceived as a mechanism ensuring the effective conduct of business activity, simultaneously reducing unemployment and increasing consumer confidence. This would be a strategy for making an ‘escape forward’ from the crisis.
3
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Działania polskiej prezydencji na rzecz budowy rynku wewnętrznego Unii Europejskiej

80%
A Ambroziak A.
Studia Europejskie-Studies in European Affairs
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2012
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issue 1
95-120
EN
Poland decided to freshen up the discussion on the internal market and its consequences for employees, consumers and entrepreneurs. One should positively judge this action which became part of a new initiative of the European Commission: the Single Market Act. From the point of view of politics, Poland presented to the European Council a report which was the basis for a discussion of the Heads of State or Government summed up in the European Council conclusions. Owing to this, the internal market has become the instrument of finding a way out of the financial and economic crisis and the EU 2020 strategy tool. Moreover, it should be underlined that the first Single Market Forum, organised by the Polish presidency in Cracow, constituted the practical implementation of the idea of moving the internal market closer to employees, consumers and entrepreneurs. On the basis of the Cracow Declaration, the Polish presidency worked out the conclusions adopted by the Competitive-ness Council in an undoubtedly, professional and truly European way. Many opinions and remarks presented in that declaration were reflected in the political council conclusions as recommendations for the European Commission and the Member States.
4

BASIC DIFFICULTIES CONCERNING THE FUNCTIONING OF THE FREEDOM TO PROVIDE SERVICES AND AN ATTEMPT TO SOLVE THEM IN THE DIRECTIVE ON SERVICES IN THE INTERNAL MARKET

80%
Strzelbicki M.
Studia Prawnicze
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2007
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issue 4(174)
43-93
EN
On 12th December 2006 the Council and the European Parliament adopted the long expected Directive on services in the internal market (2006/123/EC). The main objective of the directive is to facilitate the free circulation of services by removing key barriers to the freedom of establishment for providers of services and to the free movement of services itself. This paper deals with several crucial issues concerning this new Community development. First, it briefly summarizes the present state of the freedom to provide services, taking into account both Community doctrine and the ECJ's jurisprudence and showing main problems connected with practical operation of this freedom. Then the main reasons of growing importance of the services' sector, namely its economic importance and the broad scope of the freedom to provide services are identified and examined. It is later pointed out, that facing this increasing significance of the free movement of services, Community law does not guarantee enough protection for those who want to provide cross-border services. This leads to the conclusion that a community secondary legislation is highly necessary. From this perspective, the arrival of the new Community legislation is highly appreciated. Thorough analysis conducted in this paper leads to the conclusion that the new directive does not solve all the problems relating to the freedom to provide services. Much will depend on the way of its implementation and on the forthcoming jurisprudence of the ECJ.
5
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THE INTERNAL MARKET AS A HIGH PRIORITY ISSUE OF POLISH PRESIDENCY OF THE EU COUNCIL (Rynek wewnetrzny jako priorytet polskiej prezydencji Europejskiej)

80%
Wróblewski L.
Przegląd Zachodni
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2011
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issue 3(340)
281-294
EN
The main purpose of the article is to indicate the biggest problems and barriers of the internal market, their elimination being of crucial importance to the economic development of the European Union. On the basis of key documents and reports the current level of development of the internal market is analyzed. The author also presents an assessment of hitherto activity of EU institutions and member states in view of intensifying the development of a Uniform European Market. However, it should not be expected that within the six months of Polish presidency of EU Council it will be possible to eliminate the major barriers and 'missing links' of UEM, since it is a long and highly complex process.
6

Dyrektywa usługowa – przesłanki tworzenia wspólnego rynku usług Unii Europejskiej

80%
Wiktor J. W.
Zeszyty Naukowe Uniwersytetu Ekonomicznego w Krakowie
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2012
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issue 885
5-26
EN
The objective of the paper is to analyse and assess the Service Directive for establishing the EU’s single service market. Adopted by the European Parliament on 12 December 2006, the Directive is part of the process aimed at supporting integration in all the areas related to the internal market. The paper focuses on three major issues. The introduction (part I) presents the core of the problem and the reasons for liberalising the EU’s service market. Part II focuses on the single market’s “architecture” in the context of the Directive’s recommendations. Part III justifies and analyses the solutions adopted by the Service Directive. In the conclusion I state that the creation of the EU’s single service market is likely to be a complex and lasting process. As such, the process constitutes an interesting field for further research on the single market’s regulation as well as the strategies for the functioning and expansion of service companies in the European economic area.
7

GENDEROVÁ VYVÁŽENOST V EVROPSKÝCH SPOLEČNOSTECH SKRZE KVÓTY – NUTNOST NEBO „ABSURDITA”

70%
Říčka R.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
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2014
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vol. 97
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issue 2
154 – 175
EN
It’s a long-term aim of the European Union to achieve equality between women and men. Several directives have been adopted in this field and now the European Commission (EC) came with proposal for a directive on improving the gender balance among nonexecutive directors of the stock exchange listed companies. The article provides a brief overview of the relationship between EU and protection of human rights focusing on a ban of discrimination. With regards to this issue the Union’s law, ECJ’s case-law as well as political declarations is discussed. Attention is consequently focused on the Proposal that prescribes that the under-represented sex should occupy 40% of the non-executive director positions in the specified companies by the end of the year 2017 (2019). The article analyzes and questions the EC’s argumentation in favour of the directive, pointing out some contradictions of the commission’s statements. While examining the crucial provisions the author in particular considers whether the “Act” meets the principle of subsidiarity and proportionality as a basic requirement of EU’s law. In light of this theme it is stressed that “the Proposal” is about to interfere with some rights guaranteed by the Charter of Fundamental Rights of the European Union – among others the right to respect for private and family life and the right to the protection of personal data. Finally the author aims to answer the question whether the Proposal represents just another of Union’s political proclamations of its democracy or if it answers the real need for redress of sexual discrimination in the European Union.
8

EUROPEIZÁCIA PRÁVA PROTI NEKALEJ SÚŤAŽI (HABILITAČNÁ PREDNÁŠKA)

51%
Vozár J.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
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2014
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vol. 97
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issue 3
217 – 231
EN
Europeization is a modern concept that concerns many fields of law. It did not avoid the unfair competition law, either. This phenomenon can be observed very clearly in the public section of the competition law, which is the law against restriction of competition. It is present – though less distinctly in the private section of competition law, which is unfair competition law. The reason why the phenomenon of Europeization is less distinct in unfair competition law is simple. The antimonopoly law is influenced by the European law directly and nearly in the whole scope of its application. The unfair competition law is influenced by the European law both directly and indirectly, but only in some areas of its application such as misleading and comparative advertising and unfair business practices used by enterprises in relation to consumers on the internal market. In his contribution he deals thoroughly with the harmonisation of Slovak unfair competition law as a result of transposition of the European directives. Transposition of these European directives into our law must respect the terminological system specifics of our law and catch the meaning and spirit of the directive as much as possible. A very important source of positive European law is the decision-making practice of the Commission and the case-law of the General Court of the European Union and the Court of Justice of the European Union that significantly participate in the creation of the content of European legal norms.
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