Review of European and Comparative Law, 2021, Vol. 45, No 2

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https://hdl.handle.net/20.500.12153/2186

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    Supervision and Control over the Activities of Public Benefit Organizations in the Aspect of Centralization
    (Wydawnictwo KUL, 2021) Bentkowska-Furman, Izabela Maria
    The main aim of this article is to look at supervision and control of public benefit organizations in Poland regarding civil society organizations in Europe and the national supervisory systems relevant to these organizations. Also considered is the legal system in the UE, which provides recommendations for NGOs operating in its Member States. This text focuses on changes in the supervision and control over the activities of public benefit organizations in the aspect of centralization in Poland, resulting from the powers of new government administration bodies, including in particular the entitlements of the Head of the Public Benefit Committee. The aim of the research is to present and analyse the current legal solutions in the field of supervision and control over public benefit organizations in Poland, and to compare the legal status with the situation before the fundamental amendment to the Act on Public Benefit and Volunteer Work.
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    Legal and Ethical Grounds of Professional Secrecy of a Lawyer in Selected European Union Countries and in the United States of America
    (Wydawnictwo KUL, 2021) Białkowska, Paula Maria
    The subject of the article is professional secrecy in practising the legal profession in American law, with the indication of some differences resulting from separate laws of different states, and in the European Union – taking into account a few exemplary countries. Its sources were described – both legal and ethical, as well as the definition and construction. Confidentiality has been included in the objective and subjective aspect, taking into account different views in the doctrine as to its scope. Bearing in mind the basic right from which professional secrets derive – the right to privacy – the article also includes some of its aspects related to confidentiality.
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    The Role of the Central Bank in Foreign Exchange Inspection in Selected Countries of the European Union – as seen in the Example of Poland, the Czech Republic and Germany
    (Wydawnictwo KUL, 2021) Kowalewska, Ewa
    The activity of central banks in EU states is based on similar assumptions. Their aim is usually to maintain a stable level of prices and to support the state’s economic policy. Central banks are responsible for issuing money and for monetary policy. They have been equipped with adequate instruments to this end. The aim of this research is to demonstrate that legislation in Poland, the Czech Republic and Germany vested another important function in the central banks, namely foreign exchange inspection. However, this function is exercised differently in each of them. The central banks of countries referred to above are not only responsible for currency in circulation within the country, but also for the balance of payments. Also, by pursuing their own foreign exchange policy, they ensure an adequate position of the national currency in relation to foreign ones. The foreign exchange inspection in each of these countries is based on a different tradition and at the same time outlines the special role of the central bank. The analysis herein makes it possible to establish the scope of this inspection, taking into account the dynamics of changes that occur on the legal ground. What is also important here is whether a given country is only a member of the European Union or a member of the EU and of the euro area. The adopted research methodology is based on analysis of legislation in force with a reference to views expressed by legal commentators.
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    The Powers of the Supervisory Body in the GDPR as a Basis for Shaping the Practices of Personal Data Processing
    (Wydawnictwo KUL, 2021) Hajduk, Paweł
    The purpose of this article is to analyse the competences of the supervisory authority provided for in the General Data Protection Regulation (GDPR) as a tool to shape the practice of personal data processing. This article verifies the thesis that the status of the supervisory authority formed in the GDPR, taking into account the authority’s independence, makes it possible to exercise the authority thoroughly, which is the basis for shaping personal data processing practice. Supervisory authorities have a wide range of powers to carry out the duties assigned to them. This is guaranteed by their independence. The exercise of powers resonates with all entities that fall under the jurisdiction of those authorities. The decisions of the authorities become the subject of interest of both the literature and personal data administrators. The powers connected with imposing administrative penalties might play a particular role. Their imposition causes that entities which are in similar circumstances may expect to be subject to the same penalties. In order to avoid this situation, they tend to adapt their practices to the model adopted in the decision. Opinions and recommendations, as well as codes of conduct approved by the supervisory authorities for particular sectors, which are a benchmark for administrators in those sectors, play an important preventive role.
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    Space Tourism Challenges
    (Wydawnictwo KUL, 2021) Polkowska, Małgorzata
    Space is a new destination for tourism. Today, tourists can travel the world using many different modes of transportation, including road, maritime, and air. People always want to discover new destinations. Human beings strive to break borders and go beyond - even to the stars. There are new technical and commercial challenges and innovations in reaching outer space. The new transportation business of today has already experienced many ups and downs, but definitely big projects, such as travelling to the Moon or Mars, remain the purview of the perennial space powers. The Author considers what kind of challenges space tourism brings (in the commercialization era) and what kind of space governance and policy is needed to make this tourism efficient. Some comparisons referring to airspace and outer space aspects, such as managerial, organizational, and legal have been made. The basic analysis made in this article indicates that the commercial space industry seeks to be new space operators, provided that they operate in a safe and secure manner according to international rules and policies. Good strategic planning and management of space is the key.
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    Review of Maciej Jońca, Roman Law. Mirabilia, C.H. Beck, Warszawa 2020, pp. 506, ISBN 978-83-8158-443-2
    (Wydawnictwo KUL, 2021) Lewandowski, Michał
    Book Review: Review of Maciej Jońca, Roman Law. Mirabilia, C.H. Beck, Warszawa 2020, pp. 506, ISBN 978-83-8158-443-2
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    Collective Work as an Inspiration for Legal Qualification of Computer-Generated Works – Comparative Analysis of the Institution from Polish and French Copyright Law Perspective
    (Wydawnictwo KUL, 2021) Kowala, Michalina
    The paper focuses on the question whether the institution of collective work could be used as an inspiration in order to regulate the legal situation of computer-generated works. Technological progress makes the creation of art by artificial intelligence with only minimal human participation an increasingly popular phenomenon. For this reason, world literature more and more often discusses how to legally qualify algorithmic creativity. An interesting idea, proposed in January 2020 by French Superior Council of Literary and Artistic Property, is to regulate the issue alike the institution of a collective work. The study of the nature of computer-generated creativity on the example of the Endel musical start-up conducted in this paper will help to understand the complexity of the problem of algorithmic creativity. It will be also a valuable introduction to the analysis of the institution of collective work in Polish and French law. This comparative study will be important in the context of assessing the French proposals for the legal qualification of algorithmic creativity and examining to what extent the model of the collective work can be applied to computer-generated works in Polish copyright law.
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    Gloss to the Judgement of the Court of Justice of the European Union in Case C-524/15, Criminal Proceedings against Luca Menci
    (Wydawnictwo KUL, 2021) Błachnio-Parzych, Anna
    This gloss discusses the position of the Court of Justice of the European Union taken in the judgment passed on 20 March 2018 in the case of Luca Menci (C-524/15) in reference to the restrictions of ne bis in idem principle. The main thesis of the Court concerned the admissibility of restrictions of ne bis in idem based on the principle of proportionality as a limitation clause and its accordance with the Convention for the Protection of Human Rights and Fundamental Freedoms. The analysis of the right not to be tried or punished twice in Article 4 Protocol 7 to the European Convention for the Protection of Human Rights and Fundamental Freedoms allows us to formulate opposite conclusions. The application of the balancing test as a limitation clause for ne bis in idem, finds no support in the case-law of the ECtHR too. According to the Author, the position taken in Menci infringes Article 52(3) of the Charter of Fundamental Rights, according to which the meaning and scope of the rights which correspond to rights guaranteed by the Convention for the Protection of Human Rights and Fundamental Freedoms shall be at least be the same.
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    State Responsibility for Climate Change Damages
    (Wydawnictwo KUL, 2021) Nyka, Maciej
    The state’s liability for damages in the field of climate change remains one of those areas of international law that has not yet been comprehensively regulated. At present, the Warsaw International Mechanism for Loss and Damage, specific to the norms of international climate law, is not an alternative to the general principles of international law regulating responsibility and compensation issues of the states in the sphere of international climate law. The application of customary international legal mechanisms of responsibility of states in relation to climate damage can be a kind of challenge. Both the damage itself and elements such as causation or the possibility of attributing responsibility to the state pose a significant challenge in the sphere of climate protection. On the other hand, it is impossible not to notice that properly applied norms of general international law make it possible to overcome the difficulties arising from the specificity of the responsibility of countries for climate change. The latest jurisprudence of the International Court of Justice in environmental matters creates a framework for the settlement and implementation of possible liability for damages in the area of ​​climate change.
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    Employment of Adolescents and Children in the Aspect of Polish Educational Reform – Chosen Legal Problems
    (Wydawnictwo KUL, 2021) Kloczkowska, Milena
    The employment of adolescents is an extremely important phenomenon, although doctrine rarely discusses it. This solution enables young people to gain qualifications early and promises long and successful cooperation for the employer. It should be remembered, however, that at such a young age the most important sphere of life is not work, but education and appropriate psycho-physical development. Bearing in mind the delicacy of children and adolescents, it is necessary to create legal constructions which will protect young people from too early collision with problems connected with work such as: stress, exhaustion, and pressure. The notion of adolescence is constantly intertwined with the notion of child, and it is not easy to judge when these terms are used. This article intends to discuss these terms, and to present them through the applicable laws. In addition, the article presents research on the employment of adolescents and children in Poland based on reports from the National Labour Inspectorate. The legislator had a difficult task - to create appropriate regulations which would not only make work possible, but at the same time properly secure the already mentioned most important spheres of life of adolescents and children. This task undoubtedly becomes even more difficult when the change of other legal acts forces a rush to regulate such a delicate legal sphere. The aim of this article is to present advantages and disadvantages of current legal constructions based on the analysis of regulations and statistics.