Przegląd Prawniczy Uniwersytetu im Adama Mickiewicza

Published by Adam Mickiewicz University Poznan
Print ISSN: 2083-9782
Abstrakt The article is devoted to national court powers in cases for damages for the claim security in Regulation (EU) No 1215/2012. The paper presents basic information about general provisions and special jurisdiction. The study is focused on damages for the claim security in the Polish civil procedure and the essentially legal meaning of tort, delict or quasi-delict in European civil law. An interpretation of the aforementioned subjects in the jurisdiction of Polish courts and the Court of Justice is presented. The author tries to answer the question of whether a person domiciled in one Member State may be sued in another Member State as regards as a civil claim for damages for the claim security awarded and carried out in another Member State.
The article presents the political and legal changes that accompanied the passing and then the introduction of the Ostmarkgesetz in Austria in 1939. It also contains a detailed analysis of the structure and layout of this normative act. The Ostmarkgesetz was extremely important because it thoroughly changed the administrative organization and introduced a new administration of the state in this area. The consequences had a significant impact on the Austrian legal order. This law is considered to be one of the main tools of the direct annexation of Austria by the Third Reich. This was the beginning of the subsequent war conquests of the Nazi state.
Abstrakt The paper aims to analyse article 162 of the Polish Civil Procedure Code. Pursuant to the article mentioned, parties are not only allowed but also obliged to notify the court of all procedural errors it has made. The purpose of this legal institution is to hasten and organize civil procedure. This paper illustrates the history of subject regulation. Subsequently,it focuses on the application and role of article 162 of the Polish Civil Procedure Code in current civil procedure. After analysing those matters, the conclusion is presented that the regulation provided by article 162 is inappropriate to the correct shaping of current civil procedure. The instant removal of all procedural errors that the court makes is essential to appropriate procedure in many ways.
Abstrakt The aim of this paper is to present the issue of using a complaint from article 189 of The Code of Civil Procedure to challenge resolutions of a supervisory board of a company. This matter is not regulated precisely in The Code of Commercial Companies. According to the majority of representatives of Polish doctrine the complaint from article 189 of The Code of Civil Procedure is the most proper resource to repeal defective resolutions of a supervisory board in the current legal system. Nevertheless, the above fact does not mean that the declaratory action is deprived of any defects. On the contrary, it has certain weaknesses, which might play an important role in corporate relationships. Therefore, according to The Author, it becomes necessary to provide adequate legal regulations in the issue of challenging resolutions of a supervisory board of a company.
Abstrakt The aim of the paper is to present the activities of the courts of peace in the Court of Appeal in the Poznan circuit in the Polish Second Republic in the first months of their existence in 1920. The courts of peace were established in the former Prussian partition by the Polish authorities because of the shortage of Polish legal professionals. Justices of the peace were appointed from the local citizenry and most of them had no formal legal education. The article, which is primarily based on the study of court files from the Court of Appeal in Poznan, deals with selected problems concerning the implementation of the courts of peace, like issues connected with the appointment of new justices and the financial compensation for their activities at court.
The present paper analyses the scope of protection of EU citizens against expulsion under Directive 2004/38/EC and in the case-law of the Court of Justice of the Eu-ropean Union. According to the provision of this Directive, an EU citizen threatened with expulsion must have access to relevant documents and accessible information on the legal procedures to be followed in his/her case. Even if the government claims that national security interests keep courts from disclosing the evidence to the EU citizen, it is obliged to submit any material or evidence capable of corroborating that the interests of national security or public order are at stake. The CJEU requires that the evidence has to be scrutinised by the adversarial proceedings. In particular, the EU citizen must be informed, in any event, of the essence of the grounds on which an expulsion decision is based, as the necessary protection of State security cannot have the effect of denying the person concerned of his/her right to be heard.
The article presents basic findings about the disciplinary and criminal liability of common courts judges in Poland. These findings are presented from a criminalistics perspective. The article provides data on the following issues: the basics of the disciplinary and criminal liability of judges, the number of disciplinary cases of judges in the years 2010–2018 and the number of criminal cases of judges in the years 2001–2017, categories of the disciplinary violations and crimes committed, decisions taken in cases of disciplinary violations, and imposed penalties. The article is based on an examination of Supreme Court verdicts issued in disciplinary cases of judges and data provided by the Ministry of Justice
The prohibition on enforced disappearances is one of the fundamental norms of con-temporary international law which is intended to protect the individual from state re-pression. Under certain circumstances, a violation of the prohibition is recognized as a crime of international law. There are no exceptions to the implementation of the norm. Since the prohibition is a treaty, States must expressly agree to be bound by it. Not all States have done this, but some have, including Argentina. Despite this, Roberto Agustín Yrusta disappeared. His enforced disappearance was preceded by numerous and elaborate forms of evil, cruel and humiliating treatment. This paper seeks to answer the question of how international law can ensure effective enforcement of the prohibition on enforced disappearance.
Abstrakt The aim of the study it to discuss the issue of disciplinary proceeding in the context of entity subject to disciplinary liability, the subject matter, the autonomy and the purpose. The author focuses on the ruling of the Supreme Court passed on January 24th 2013, which suggests the application of the rules of criminal proceedings as more appropriate for the subsidiary application of the disciplinary proceedings. Nevertheless the Supreme Court draws attention to another, equally important issue which became apparent in connection with the above – the diversity and lack of consistency of solutions used by the legislature pursuant to a disciplinary proceedings.
The paper deals with the provision of Article 256 of the Polish Penal Code. The author discusses the offences of public propagation of totalitarian forms of government, and offence of inciting to hatred on national, ethnic, racial or religious grounds and offences connected with objects with such content. The author pays particular attention to the controversial and unclear wording used in the above regulation and identifies possible amendments that could make the article more precise and effective.
The study aims at an analysis of the Article 345 of the Treaty on the Functioning of the European Union. The author presents the relation between European Union law and the member state law regulating property ownership. The author makes an attempt to answer what did the European Community founders actually mean by the treaties shall in no way prejudice the rules in member states governing the system of property ownership.
Abstrakt The author of the article refers to two judgements of the Court of Justice of the European Union, which relate to the principle of the reversal of the burden of proof in anti-discrimination cases. She focuses on the facts, from which it may be presumed that there has been discrimination. It cannot be ruled out that a defendant’s refusal to grant any access to information may be one of the factors to take into account in the context of establishing facts from which it may be presumed that there has been direct or indirect discrimination (C-415/10). Public statements ruling out the recruitment of a footballer presented as being homosexual are considered to be “the facts from which it may be presumed that there has been discrimination, even though they come from a person presenting himself and being perceived in the media and among the general public as playing a leading role in that club without, however, necessarily having legal capacity to bind it or to represent it in recruitment matters (C-81/12).
The paper discusses the problem of the ne bis in idem principle stipulated in the Convention Implementing the Schengen Agreement (CISA) and the Charter of Fundamental Rights of the European Union. Article 54 of the CISA makes the application of the principle ne bis in idem subject to the condition of execution of the penalty. An analogous condition is not provided for in the Charter. These differences caused doubts regardingthe application of the ne bis in idem principle and were subject of the question for preliminary ruling in the Spasic case (C-129/14 PPU). The paper contains a critical review of the reasoning of the Court of Justice of the European Union in this judgment. In addition, the article also contains an analysis of the CJEU’s decision in Case C-398/12 M. in which the CJEU has analysed the meaning of “final disposal” of the judgment in the context of the ne bis in idem principle. Based on the above judgments, the article presents arguments indicating that the reasoning of the CJEU on the conditions for the application of the ne bis in idem principle in judicial cooperation in criminal matters in the EU is not consistent.
The purpose of this article is to present and assess the impact of the regulation Art. 6471CC on subcontractors in the construction market and outline doubts in respect of the contents of the regulations. The first part of the article shows reasons why the regulation concerned was enforced – unfair practices in the construction services market which had a detrimental impact on subcontractors. Furthermore, selected doubts are presented, those associated with the contents of the regulation in question and raised by the doctrine and jurisdiction, for example, the legal nature of the investor’s consent or the investor’s joint and several responsibility. It is important to indicate the contrast between the unprob-lematic legislative process and doubts disclosed during its application. The author of this article also depicts two proposed modifications, which appeared in doctrine. The impor-tant issue for this article is also a description of the amended text of this regulation and comparison to the previous one. In conclusion, it should be emphasized that art. 6471 CC is really important for the polish legal system but both the previous content of this regula-tion and the present one aren’t sufficient to guarantee the lack of doubts in interpretation
The aim of the study is to analyse the conflict of rights of posted workers with entre-preneurs’ freedom to provide services in posting of workers Directive 96/71/EC and the enforcement Directive 2014/67/EC. The author presents the key issues of the conflict, as well as its evolution in EU legislation and in European Court of Justice judgments.
Abstrakt The study aims on selected problems associated with appending the enforcement clause on the redress of damage in Polish Criminal law. The difference between the redress of damage as a penal measure and as a probationary measure outlined by The Polish Supreme Court is significant for the analysed perspective. The author indicates that the Supreme Court claims, that a probationary measure enforcement clause could be put on the redress of damage only after the expiration of a period of time appointed by the court to the perpetrator to compensate for the harm caused by a crime. Due to the outlined interpretation by the Polish Supreme Court the author finds the presented statement as not rightful due to the wrong interpretation of the law and flagrant infringement of rights of the victims of the crimes.
Abstrakt The article is devoted to a semantic analysis of the prohibition on executing a disposition which is imposed on a debtor who appears in an enforcement proceeding as a subject keeping an account of a debtor’s dematerialized securities. The author analyzes the Code of Civil Procedure and Trading in the Financial Instruments Act in order to identify the legal meaning of the word ‚disposition’. To this end, the author compares the obtained results with the meaning of the word in the vernacular, colloquial language and the specific language used by brokers. Then, based on the findings, the author explains the functioning of the prohibition to execute a disposition in selected situations which may occur at that stage of the manner of enforcement. It has been found that the obliged entity follows the notification of seizure until the dispositions have been enforced. After that moment, for each disposition, a proper evaluation of the notification of seizure is not possible.
Abstrakt The paper deals with problems connected with the premises conditioning the acceptance of a cessation appeal by the Supreme Court, in particular the interpretation and practical use of article 3989 of the Code of Civil Procedure. In the first place, a legal institution called a “przedsąd”, a first stage of the process of examining a cessation appeal by the Supreme Court, is briefly summarized. Subsequently, the author explains questions common to all the premises regulated by article 3989 of the Code of Civil Procedure and the connection between those premises and the grounds for a cessation appeal. Next, the author proceeds to interpret the premises governed by article 3989 of the Code of Civil Procedure and explains how they are put into practice. The last part of the paper contains the author’s conclusions: the premises are strongly connected with the public interest and the development of law; putting them into practice demands a lot of work, even from lawyers.
On March 18 2014, the Republic of Crimea became a federal subject of the Russian Federation and the Ukrainian legal system was changed to the Russian system. The transition period was set to end on January 1 2015. This transition period was characterized by the fact that the law was created on a day-to-day basis, and as the residents of Crimea were unfamiliar with Russian law they found themselves in a legal vacuum. Laws were adopted in an urgent manner to ensure that the unification was as smooth as possible. In practice it became apparent that the allocated time was not sufficient, and the transition period was extended in some areas. The Article presents a review of the accession procedure and the legal regulations established in the Republic of Crimea during the transition period, and identifies some issues which have arisen.
Abstrakt The aim of study is to explain the link between gender and traffic accidents in Israel. Traffic violations are considered as intentional deviations from practices that are crucial to maintaining safety while driving. These violations are commonly referred to as a significant factor in causing traffic accidents; therefore, when examining the case of traffic accidents it is extremely important to look at factors involved in traffic violations as well. This article serves only to propose the thesis of honour cultures as a significant local factor contributing to traffic accidents, but its resolution is much too wide to be able to base road-safety programs upon it. A further development of this idea, on a local basis, will thus be of great help in the field.
Abstrakt Informed by the findings in the economic voting literature and using an original dataset on Polish elections this research breaks away from this established practice and goes a step further by showing how economic conditions allow voters to distinguish between high/low performers and effectively attribute responsibility under open-list PR systems where voters can choose not only among parties but also among individual candidates. By integrating open-list design into the model of accountability this study transforms the way we think about the very act of voting.
The paper is an English translation of Uznanie nabytków terytorialnych w prawie międzynarodowym by Bolesław Wiewióra, published originally in Polish in 1965. The text is published as a part of a jubilee edition of the “Adam Mickiewicz University Law Review. 100th Anniversary of the Department of Public International Law” devoted to the achievements of the representatives of the Poznań studies on international law.
The active development of technology enbled mankind to realize new programs for the exploration of previously inaccessible areas of the universe hundreds of thousands of kilometers away. The emergence of this new field created the need to ensure its special legal regulation, which would correspond to the specific characteristics of this business. But now we have entered into a phase of re-evaluation of existing legislation of space and we must realise that alongside countries operating in space an has arisen entirely new entity - the private sector. Therefore it is necessary to ask ourselves whether the privatization and commercialization of outer space is legally possible and if it is not pre-cluded by existing treaties. The draft of the latest US Commercial Space Act is undoubt-edly a great advance for key areas of the private sector activity such as remote sensing and new space missions. It provides a sense of confidence for entrepreneurs by strictly regulating issues related to the supervision of private sector entities. However, on the in-ternational scene the question has arisen of whether this act is contrary to international law, especially principles contained in existing space law treaties.
The paper is an English translation of Działania administracji publicznej w świetle współczesnej koncepcji publicznego prawa gospodarczego by Teresa Rabska published originally in Polish in Instrumenty i formy prawne działania administracji gospodarczej by Adam Mickiewiczy University Press in 2009. The text is published as a part of a jubilee edition of the “Adam Mickiewicz University Law Review. 100th Anniversary of the Faculty of Law and Administration” devoted to the achievements of the late Professors of the Faculty of Law and Administration of the Adam Mickiewicz University, Poznań.
Abstrakt An attempt to analyze one of the necessary conditions determining the obligations to compensate for damage caused by the judiciary is made in the article. The author focuses on the wrongfulness of a court’s decisions, acts and/or omissions as a condition of such obligations. It is emphasized that the category “miscarriage of justice” is used as a generic term for the aforementioned forms of wrongful behavior under the provisions of some international instruments and the legislation of some foreign countries. Meanwhile, the author shows that the incorporation of such an approach into national legislation is inappropriate. It is concluded that the problem of extending the list of wrongful actions of judicial bodies and their officials is particularly relevant for Ukraine, considering the practice of the ECHR. Special attention is given to the case of compensation for damage caused to an individual or legal entity as a result of a court rendering an illegal decision in a civil case.
The paper is an English translation of Z zagadnień definicji prawa administracyjnego by Marian Zimmermann published originally in Polish in “Acta Universitatis Wratislaviensis” in 1964. The text is published as a part of a jubilee edition of the “Adam Mickiewicz University Law Review. 100th Anniversary of the Faculty of Law and Administration” devoted to the achievements of the late Professors of the Faculty of Law and Administration of the Adam Mickiewicz University, Poznań.
The paper is an English translation of Rozwój ogólnego postępowania administracyjnego by Zbigniew Janowicz published originally in Polish in “Ruch Prawniczy, Ekonomiczny i Socjologiczny” in 1970. The text is published as a part of a jubiliee edition of the “Adam Mickiewicz University Law Review. 100th Anniversary of the Faculty of Law and Administration” devoted to the achievements of the late Professors of the Faculty of Law and Administration of the Adam Mickiewicz University, Poznań.
Abstrakt Recently, there has been a noticeable tendency to replace the regime of criminal responsibility with administrative responsibility. Administrative responsibility is objective in nature and has a repressive and ordinal character, detached from guilt. The Constitutional Tribunal, in its jurisdiction, states many times that the regime of liability applied by the legislator depends only on its choice. The Tribunal does not control the desirability or appropriateness of the adopted solutions. The task of the Constitutional Tribunal is only to provide an assessment, if the solutions adopted by the legislator do not violate constitutional norms and values, such as, among others, the principle of proportionality,or the ne bis in idem principle.
The admission of mother and child to the a mother-and-baby unit has a positive effect on both the development of the child as well as the social rehabilitation of the mother. Children in mother-and-baby units are provided the right conditions for development. The mother learns to fulfill her parental responsibilities. In addition, incarcerated women who are in prison with their children want to change for the better, in order to provide their children a better future.
Abstrakt The adversarial principle has a long tradition in Polish civil procedure. It was one of the main principles under the Polish Civil Procedure Code of 1930. Later on, the change of the state system to socialism brought significant modifications to the shape of the subject principle. Due to the different bases of socialist civil procedure, the adversarial principle was almost completely forgotten. It was later resurrected, with another change of state system. The contemporary lawmaker is much interested in shaping the adversarial principle in the right way. The latest amendments to the Polish Civil Procedure Code of 1964 were focused on creating the proper bases for the functioning of the courts and for proper regulations regarding parties remaining active throughout the process. The presented analysis leads to the conclusion that the adversarial principle is, and always has been, of very high importance to civil procedure.
The aim of this article is to provide an analysis of the ICJ’s advisory opinion of 25 February 2019 on the Chagos Archipelago. It will endeavour to answer the following questions: (i) is it consistent with the letter and the spirit of international law for the ICJ to issue advisory opinions in cases involving a dispute between states, which, due to the lack of consent from one of the states, cannot be brought before the ICJ and be settled by a judgment of that judicial body?; (ii) is such a ruling the right way to settle the issue of decolonization?; and (iii) did Brexit play any role in the case under discussion? The article begins by describing the background to the dispute between the UK and Mauritius. The focus of the analysis then shifts to the nature of advisory opinions and the 2019 ICJ advisory opinion on the Chagos Archipelago. Next, the authors discuss the possible impact of Brexit on the dispute between the UK and Mauritius itself, as well as on the UK’s international standing in general. The article concludes with reflections on voluntarism in international law. The authors conclude that de lege lata an authorized body or organization may ask the ICJ for an advisory opinion in situations where it believes that such an opinion would be useful for its work. However, such advisory opinions should not have the character of authoritative court statements made in pending disputes between sovereign states. As a consequence, such opinions should refer only to abstract legal problems, which means that in some cases the ICJ should refrain from issuing them.
Abstrakt A controversial aspect regarding paternity in South African law is whether or not South African Courts are empowered to compel an adult or a minor to submit to DNA/blood tests. The High Courts were not unanimous in this regard, and thus the issue required clarification by the Supreme Court of Appeal (SCA). An opportunity presented itself for the SCA to not only address the issue of the use of DNA/blood tests in paternity matters, but several other issues surrounding paternity. The judgment by the SCA has, it is argued, unfortunately resulted in more questions than answers.
The paper is an English translation of Umowa poczdamska a traktaty pokoju by Alfons Klafkowski, published originally in Polish in “Państwo i Prawo” in 1966. The text is published as a part of a jubilee edition of the “Adam Mickiewicz University Law Review. 100th Anniversary of the Faculty of Law and Administration” devoted to the achievements of the late Professors of the Faculty of Law and Administration of the Adam Mickiewicz University, Poznań.
Abstrakt The paper presents an analysis of the legal nature of an agreement on the use of land for the construction and operation of renewable energy installations, especially wind farms. In particular, it focuses on the legal significance of the Supreme Court judgment of 5 October 2012 (IV CSK 244/12), which ruled that such an agreement cannot be regarded as a lease. The author seeks to identify the possible practical consequences of this judgment and propose legislative measures to ensure the sustainability of such agreements, and thus the investments which go with them as well as to analyze the legal term fructus in the civil law in the context of this judgment.
This paper addresses issues related to the institution of full powers in the process of concluding international agreements. The author makes an analysis of the historical evolution of the institution of full powers and discusses the essential elements of the full powers instrument with regard to the representation of the state and international organizations, taking into account current international law regulations. In this regard, the author also refers to international practice and, based on a review of the scholarly literature, attempts to classify full powers.
The process of Europeanisation in the legal field results in various conflicts between the Member States and European authorities. Cases concerning State aid are an example of such a conflict, where on one hand Member States want to preserve control over various supporting schemes and on the other the European Commission and the Court of Justice of the European Union through a set of judgements and decisions increase their supervisory power over the supporting schemes. The European jurisprudence tend to stretch the scope of State aid by expanding the definition of State resources, which is one of its prerequisites. Applying of such a broad definition of State resources to Polish green certificates scheme and the auction scheme shows negative results of this approach that not only decreases the efficiency of the Renewable Energy Sources supporting schemes but that has a negative reflection on the whole State aid system.
The paper focuses on resolutions adopted by the management board and the supervisory board of a joint-stock company to increase the share capital of a public limited company within its authorised capital. The author outlines the origin and nature of the authorised capital, the content and form of the abovementioned resolutions, their legal nature and different types of possible defects in them. Challenging defective resolutions is particularly important in practice. That matter is not regulated explicitly in Polish law. The possible solutions available under Italian and Spanish regulations that are presented indicate that the challenging of defective resolutions of the management board and the supervisory board in capital commercial companies, particularly those adopted in connection with authorised capital, should also be regulated in Poland.
Abstrakt The author discusses the main ideas behind the proposed reform of the criminal law in light of the project conveyed to the Polish Sejm on the 15th of May 2014. The proposed changes, being the most significant ones since the recodification of the criminal law in 1997, are based on the correct presumption that the deficiencies in current Polish criminal policy lead to overly repressive criminal law. A detailed analysis of the project, however, shows that it is not free from failures, in terms of both the formulation of legal norms as well as the reforms to institutions of the criminal law with respect to the application of penalties. It also does not take into account the arguments formulated in recent years regarding the reform of the criminal law. This leads to the conclusion thatthe proposed changes, though rightly focused on improving the most fundamental tools of criminal policy, nonetheless have the character of an ad hoc reform, which even had some elements of penal populism, influencing in such a negative way the shape of the criminal law in recent years. Yet most of those controversial changes have been abandoned during the parliamentary works on this since 1.07.2015 binding law.
Abstrakt This article demonstrates the inadequacy of legal deduction as a method that guarantees the certainty and predictability of law and its outcomes in concrete instances. Inter alia, the Author brings our attention to the far smaller role that the deductive pattern of inference plays in legal thought than one may suppose, since it is rather only a schematic illustration of the decisions that were previously made by recourse to the mental operations of a non-logical nature. In return, he proffers legal analogy as an alternative, by which he understands a mode of thinking which helps the reasoner to take into account a mass of different factors that are traditionally deemed to be relevant for legal thought and decision-making.
Abstrakt The article is devoted to a comparison of the American and European systems of data protection and the transfer of personal data from the European Union to the United States of America. The author outlines the problems and then analyzes the regulations in order to identify differences between the two systems. Then, based on the previous considerations, she assesses the effectiveness of the Safe Harbour Program, which was set up to serve as a tool to facilitate the transfer of personal data. The article ends by providing information about the directions of policy changes and work on the new EU Regulation on the protection of personal data.
Abstrakt The article is devoted to the analysis of the law regime regulating the professional indemnity insurance issues of insurance intermediaries. The Ordinance of the Finance Minister on the civil liability matters of insurance mediation business, which entered into force 1 July 2015 lays down the civil liability risks for insurance intermediaries pursuing their activity in Poland. The Ordinance, in comparison to its repealed version, takes down the possibility of a contractual limitation of insurance undertaking liability to the criterion of 10% of the redress value and corrects the maximum insurance cover period of (limited to 12 months). It has been found that a wrong transposition of directive No. 2002/92/EC of the European Parliament and of the Council of 9 December 2002 on insurance mediation was the cause of such legislative activity. In addition to making an exhaustive analysis of this amendment, an attempt is made to assess it for the sake of the market share of recipients of insurance services requiring special protection (consumers) and intermediaries (insurance brokers).
Abstrakt The article examines a new tendency in the Polish system of local spatial planning and development, i.e. the microplan of spatial development. The aim of the work is to verify whether the above-mentioned tendency is entirely compliant with the rules expressed by the lawgiver in the Act on spatial planning and development, as well as the basic principle of the planning activities – spatial order. Furthermore, the author focuses on the theoretical views on the construction of a local spatial development plan in the context of a microplan. The analysis also includes the relation between the above mentioned tendency and the rules governing the planning of self-governance as the entitlement exercised by the municipality.
This paper highlights the issues arising from an obligation such as surety. Under the provisions of the Polish Civil Code, the legal position of a guarantor is closely related to non-legal factors. The ambiguity and uncertainty of the status of a guarantor are even greater due to the variability in time of the normative construction of a surety. Therefore, in addition to the measures available in law, a certain counterweight, such as the general public values, is necessary to address this state of affairs. The most widely understood trust, being the necessary condition for the proper development of a modern democratic state of law, may undoubtedly play that role.
The paper focuses on the financial cooperation of public administration bodies with public benefit organisations (PBOs) in the form of delegation or commissioning statutory public tasks. As a result of cooperation, a contract is concluded, which is preceded by an open bidding contest procedure. Nevertheless, there is no provision in the contest procedure which would constitute a substantive law basis for issuing an administrative decision or taking other actions referred to in art. 3(2)(4) of the Act of 30 August 2002 on the Administrative Court Procedure by a public administration body or an appointed contest committee.
Abstrakt Private international law is of great practical importance in the European Union, especially for the proper functioning of the internal market. It has been enacted mainly in the form of the Rome I-Regulation. The question of which national law applies in a cross-border case is often decisive with regard to employment contracts, because national substantive employment laws remain extremely diversified. The first aim of this paper is to outline the major issues relating to conflict-of-laws rules concerning the employment relationship. The second aim is to show the scope of the freedom to choose the law applicable to the employment relationship. The employment relationship, like any contractual relationship, can be subject to the law chosen by the parties but this choice has limited practical importance. The priority is therefore the protection guaranteed to the employee under the law of the state indicated by objective hyphens.
The article takes all of the abovementioned legacy of European Union Law into consideration while analysing them in depth through the prism of the principle in question and via careful comparisons of each of them as well. Particular attention is paid to the following issues, namely: the legal nature of the principle in question, its treaty sources, its scope of application, the principle in question in the light of the abovementioned directives – namely the Directive on audiovisual media services and the Directive on electronic commerce; and finally – relationships between provisions of the two aforementioned directives in the context of audiovisual media services on demand. While working on the text, all of the mentioned parts of the main subject turned out to be important enough to put them into separated sections of the text with their own individual headings. In the meantime, several interesting subject-related sentences by the European Court of Justice were also taken into account for a broadened pool of reference. To sum it all up: ultimately, the principle in question and its potential influence on the practical functioning of the European Union’s law and economy has been considered thoroughly.
Top-cited authors
Łukasz Szoszkiewicz
  • Adam Mickiewicz University
Michał Krotoszyński
  • Adam Mickiewicz University
Sylwia Stryjkowska
  • Adam Mickiewicz University
Samanta Kowalska
Hanna Banaś
  • University of Wroclaw