Review of European and Comparative Law, 2021, Vol. 45, No. 2
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- ItemReview of Maciej Jońca, Roman Law. Mirabilia, C.H. Beck, Warszawa 2020, pp. 506, ISBN 978-83-8158-443-2(Wydawnictwo KUL, 2021) Lewandowski, MichałBook Review: Review of Maciej Jońca, Roman Law. Mirabilia, C.H. Beck, Warszawa 2020, pp. 506, ISBN 978-83-8158-443-2
- ItemGloss 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, AnnaThis 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.
- ItemThe 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, EwaThe 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.
- ItemSpace Tourism Challenges(Wydawnictwo KUL, 2021) Polkowska, MałgorzataSpace 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.
- ItemState Responsibility for Climate Change Damages(Wydawnictwo KUL, 2021) Nyka, MaciejThe 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.