Review of European and Comparative Law, 2022, Vol. 49, No 2

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https://hdl.handle.net/20.500.12153/3646

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Now showing 1 - 5 of 12
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    The intersection of transnational and international criminal law – example of trafficking in persons
    (Wydawnictwo KUL, 2022) Głogowska-Balcerzak, Anna
    The paper addresses the possible intersection of transnational and international criminal law, using the example of the crime of trafficking in persons. In recent years trafficking in persons has gathered a great deal of attention from scholars, practitioners and politicians, nevertheless theoretical aspects concerning that notion and its relation with other concepts present in international law – such as slavery, practices similar to slavery, enslavements etc. – have still been neglected. As this notion appears at the intersection of different areas of law, including transnational and international criminal law, its closer analysis can contribute to determination of theoretical boundaries of both areas of international law.
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    The British Nationality and Borders Bill and the international protection of refugees in the light of the concept of community interest in international law
    (Wydawnictwo KUL, 2022) Kuźniar, Dagmara
    The crisis that Europe faced in 2015 has never been resolved, and countries have adopted different strategies to deal with the influx of migrants. Some of them raise serious legal doubts for good reason. One of the new national solutions currently in the process of passing is the new migration plan announced by the United Kingdom in the Nationality and Borders Bill last year. The aim of the reform is to improve the British asylum system and to fight effectively illegal immigration and people smuggling. The aim of the article is to present the most important assumptions of the British reform in the field of granting refugee status. The analysis would allow to assess the compliance of the designed solutions with international obligations, the fulfilment of which should form the basis of the asylum policy of each State being a party to the 1951 Convention relating to the Status of Refugees. The main aim of the article, however, is to draw attention to the fact that the international protection of refugees should be equated with community interests and referring to the individual interest of the State is an erroneous and dangerous assumption.
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    Disinformation regarding COVID-19 in light of the priorities of the European Commission and the legal regulations binding and currently drafted in Poland
    (Wydawnictwo KUL, 2022) Jaskuła, Lidia Katarzyna
    Disinformation regarding the COVID-19 pandemic is a global phenomenon. It constitutes a threat to the values protected under the law, health in particular. The primary issue tackled in “Disinformation regarding COVID-19 in the light of priorities of the European Commission and the legal regulations binding and currently drafted in Poland” paper is an attempt at answering the following question: Is eliminating COVID-19 disinformation from public space possible in light of the priorities of the European Commission and the legal regulations already effective and currently being drafted in Poland? The analyses conducted under the paper lead to the conclusions that the provisions currently regulating freedom of expression theoretically constitute a basis for eliminating disinformation from public space but are, in practice, not very effective. This leads to the need for searching for other, more effective legal instruments in this field, both on the level of European Union law making and domestic legislation. Although we may speak of a consensus concerning assessment of the very phenomenon of disinformation the legislative and practical actions taken, both on the domestic level and the European Union level, enable us to indicate substantial and frequently disturbing differences regarding shifting the aspects emphasized by legislation. As compared to the proposed solutions drafted by the European Commission and the drafts of domestic acts, the vastly different approach to the idea of controlling disinformation is clearly visible. Therefore, it must be stated that such circumstances will lead to development of varied legal effects of the drafted regulations that will decide, among other issues, the practical effectiveness or lack thereof in the case of the drafted solutions. In the course of the analysis of the issue constituting the subject of this paper, we should concurrently bear in mind that freedom of expression is one of the principles in a democratic state governed by the rule of law.
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    Artificial intelligence systems and the right to good administration
    (Wydawnictwo KUL, 2022) Wróbel, Izabela Małgorzata
    The use of AI in public administration is becoming a reality, although it is still a long way from large-scale undertakings. The right to good administration, well-established in EU legal order, is equally real, however, it must be borne in mind that this right has so far been defined only in relation to traditional administration. Therefore, the purpose of the paper is to examine whether the use of AI in public administration would allow individuals to fully exercise their right to good administration. To achieve this purpose, it is reconstructed, on the basis of EU law provisions in force and the case-law of the CJEU, the meaning and scope of the right to good administration, and analysed, taking into account a definition of AI systems and planned legislative changes, whether and to what extent the reconstructed understanding of this right enables the use of AI systems in public administration. In the course of research, the hypothesis that the right to good administration does not preclude the use of AI systems in public administration is verified. As the conducted analysis shows, the right to good administration as interpreted in traditional administration enables the use of AI systems in public administration, provided that the appropriate quality of these systems and the level of knowledge and skills of the parties and authorities are ensured.
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    Legal solutions of lake monitoring systems in Poland in compliance with the Water Framework Directive
    (Wydawnictwo KUL, 2022) Zębek, Elżbieta Małgorzata
    The Water Framework Directive 2000/60/EC is considered a very modern strategy of water management in the EU. The purpose is to establish a framework for the protection of inland surface waters by preventing further deterioration and protecting the condition of aquatic ecosystems, as well as increasing the protection and improvement of the condition of the aquatic environment by limiting emissions and losses of priority substances. It was considered that changes in the water law in Poland during the process of implementing the guidelines of the Water Framework Directive may have contributed to widening and strengthening the monitoring system of lakes and changes in their quality, especially their ecological state. This article aims to determine the changes in legal regulations in the field of water quality/ecologically state of lakes in Poland as a result of the implementation of the WFD. The EC reports indicate that some requirements are too rigorous and complicated for Member States to implement. Water monitoring was significantly expanded and modernised which lead to improvement of lake water quality in Poland. The five-grade ecological status of lake waters and standardised biological indicators were introduced. It was highlighted that the improvement of the WFD implementation process allowed for more effective water management and the development of effective strategies for the protection of lakes in Poland and other EU countries.