Review of European and Comparative Law, 2023, Vol. 52, No 1

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https://hdl.handle.net/20.500.12153/4884

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Now showing 1 - 5 of 10
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    Settlement of Conflicts of Values in the Area of Public Commercial Law . Comments in Relation to European Union Law
    (Wydawnictwo KUL, 2023) Długosz, Tomasz
    The author identifies two ways in which value conflicts can be solved in the area of public commercial law and proves that the method of weighing values and finding a compromise solution is predominant because of the strong politicization of public commercial law and the need to respond to dynamic changes in the economy. He also makes other suggestions on the values present in public commercial law and raises issues, among others, of Europeanisation of law and the impact of European Union law on the resolution of value conflicts, as well as the problems of economization of law and judicial review of decisions that are carried out in conditions of strong politicization.
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    The Role of Values in Decision-Making for National Development Planning (a study in light of legal orders in Poland and Norway)
    (Wydawnictwo KUL, 2023) Kokocińska, Katarzyna
    The issues discussed in this paper relate to the axiological justification of planning decisions as part of development policy pursued by public authority bodies, using the example of Polish and Norwegian planning systems. This study derived from the premise that the contemporary model of planning for socio-economic development is crucially significant in terms of organizing the activities of public administration that aim to meet socio-economic needs. In addition to values, the article also identifies legal institutions through which the values in question may be integrated in planning decisions for the development pursued with public participation.
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    Economic Freedom and Imperative Requirements in the General Interest-Conflict of Coexistence of Values in European and Polish Economic Law? Remarks Against the Background of Cross-Border Business Activities of Companies in the European Union
    (Wydawnictwo KUL, 2023) Pokryszka, Katarzyna
    Economic freedom is one of the basic principles of Poland’s economic system and, at the same time, a fundamental rule on which the functioning of the European Union’s internal market is based. In the judgment in Case C-106/16 Polbud, which was issued on the basis of Polish law, the Court of Justice confirmed the possibility for companies to carry out activities in the territories of EU Member States in the form of a cross-border conversion into a company governed by the law of another Member State, and stressed the need for Member States to verify the restrictions imposed on companies in connection with their cross-border activities in terms of their compliance with EU law. The article focuses on analysis of the idea of economic freedom in the context of cross-border business activities of companies and on the presentation of the concept of “imperative requirements in the general interest” as conditions determining the admissibility of restrictions on cross-border activities of companies by the company’s home State in the light of European Union and Polish law.
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    Business Interest versus Consumer Protection. Conflicts within the Safety Assurance System of NonFood Products – Selected Issues
    (Wydawnictwo KUL, 2023) Żywicka, Agnieszka
    Technological progress and the introduction of more and more new products to the market have intensified the process of changes in EU and national law within the product safety system. Legislative activities aimed at intensifying consumer protection have been observed in this area for several years. The primary role of instruments and legal mechanisms under this system is currently to guarantee consumer protection (protection of health and life) against the risks generated by various new products introduced to the market. In this respect, public law institutions adopted in this system play the leading role. These include market control and surveillance, product monitoring, and a coordinated system of informing about dangerous products.
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    Applicable Law Concerning Obligations Arising from the Infringements of Personal Data Laws Due to the Use of Artificial Intelligence Systems
    (Wydawnictwo KUL, 2023) Świerczyński, Marek; Więckowski, Zbigniew
    An issue that is characteristic of AI is data processing on a massive scale (giga data, Big Data). This issue is also important because of the proposition to require manufacturers to equip AI systems with a means to record information about the operation of the technology, in particular the type and magnitude of the risk posed by the technology and any negative effects that logging may have on the rights of others. Data gathering must be carried out in accordance with the applicable laws, particularly data protection laws and trade secret protection laws. Therefore, it is necessary to determine the applicable law in line with existing conflict-of-law regulations.