Adam Mickiewicz University Law Review
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Rule of Law and National Autonomy in the European Union: Who Defines the Boundaries?
No full textThis article examines the evolving tension between national autonomy and the European Union’s common concept of the rule of law, with a particular focus on judicial independence. While Article 2 TEU frames the rule of law as a value common to all Member States, recent jurisprudence— especially involving Poland—has exposed significant divergences between national and EU-level interpretations. The independence of the judiciary has become a key issue, raising questions about the autonomy Member States have when changing their justice systems and the limits of EU intervention. The article analyses how the EU defines and enforces the rule of law and whether a genuinely “common” understanding exists. In this context, the Polish case illustrates the legal and institutional difficulties involved in restoring the rule of law, highlighting the complex interplay between EU legal obligations and national constitutional identity
Contrasting Dynamics of Democracy and Authoritarianism in Sub-Saharan Africa: Historical, Institutional, Judicial, and Sociopolitical Factors
No full textThis paper examines the current dual political system in Sub-Saharan Africa, where democracy exists side by side with some element of autocracy. It looks at the varying perspectives of history, institutions, judicial, and socio-political factors that all contribute towards influencing regimes’ outcomes across the region. Colonial and post-colonial eras have observed the birth of different state structures, often centralized, exclusionary, and resistant to diverse governance. These structures have played a significant role in nation building. The paper also explores how socio-political factors like international influence, economic backwardness/progress, and grassroots mobilization can play a part in shaping regime outcomes. Consequently, the paper explains the diverse political developments observed across African states, contributing to broader debates on governance, state legitimacy, and democratic transitions in postcolonial contexts
Legal Effects of Environmental Taxation in Tackling Greenhouse Gas Emission in Nigeria: The Need for a Comprehensive Legal Framework
Get PDFReducing greenhouse gas emissions has emerged as a significant undertaking undertaken by nations worldwide, driven by the urgency to address the escalating global climate change and its widespread impacts. However, Nigeria has exhibited limited progress in tackling the challenges of climate change and other environmental issues inside its borders. This article focuses on examining environmental taxation as a potential strategy for addressing environmental concerns in Nigeria. It draws upon examples from several European countries that have effectively utilised environmental taxation as a means of achieving notable achievement in environmental protection. The study is relevant in the current context, as it is imperative to promptly explore strategies for overcoming the environmental difficulties faced by Nigeria. It is also crucial to promptly intensify the implementation of environmental taxation in Nigeria to effectively discourage individuals or entities from engaging in activities that contribute to environmental degradation. This measure will ultimately lead to a significant reduction in environmental pollution throughout the country, thereby addressing the issue of greenhouse gas emissions, which are primarily responsible for global climate change. The subject of environ mental taxes and their implications in addressing environmental concerns, particularly in the context of Nigeria, has garnered significant attention in academic discourse. Like many other nations, Nigeria has pressing environmental issues that necessitate the implementation of effective policies and regulations. In this regard, the role of environmental laws and their potential impact on mitigating climate change is the subject of scholarly investigation. This paper concludes by stating that there is no comprehensive legal framework on environmental taxation in Nigeria and thereby recommends a standardised law on environmental taxation
The Criminal Law Counteraction to Obstruction of Mobilization in Ukraine: Current Challenges and Solutions in the Context of the Russian-Ukrainian War
Get PDFThe intensification of the mobilisation process taking place in Ukraine, given the new phase of the Russian-Ukrainian war, which began on 24 February 2022 with Russian troops’ full-scale invasion of the territory of Ukraine, requires criminal law regulation. One of the negative influences on this process is the behaviour of those who obstruct mobilisation. Based on the study of the current law enforcement practice, such behaviour is charged under Article 114–1 of the Criminal Code of Ukraine and is considered one of the ways of obstructing the lawful activities of military formations. This article attempts to determine the specificities of such a criminal law response to cases of obstruction of mobilisation by analysing the practice of applying Article 114–1 of the Criminal Code of Ukraine, as this provision is used to counteract the obstruction of mobilisation. Research has revealed some positives and flaws concerning the description of the formulation and content of the charge; the determination of the motives for the criminal offence; the characterization of the person accused; the results of the case based on the charge; and the correctness of qualifying the actions of persons who obstruct mobilisation or otherwise facilitate evasion of military duty under Article 114–1 of the Criminal Code of Ukraine. It is concluded that the current approach to developing effective practices for counteracting obstruction of mobilisation requires change. Eliminating the identified flaws and amending criminal legislation is necessary for its more effective application.
Functioning of Procedural Agreements in the Polish Legal System in Comparison with the Solutions Adopted by German Legislation
Get PDFThe history of consensual litigation in Polish criminal proceedings dates back to the 1990s. It is based on the assumption that the participants in the proceedings will come to an agreement on the resolution of the conflict, whichwill then be accepted by the court. This solution was most popular between 2010 and 2015. Since 2016, however, a change in attitudes towards consensual modes has been very noticeable. While the consensual method speeds upcriminal proceedings, opponents point to shortcomings - there are even calls to abandon their use in Poland. In the Federal Republic of Germany, on the otherhand, informal procedural agreements, called Absprachen, existed for several decades, and these agreements accelerated the course of proceedings. However, it was only decided to regulate this issue after several decades. In this article, I will characterise the reasons for the introduction and development of procedural agreements in the Republic of Poland and in the Federal Republic of Germany
Specific Instagram Works
Get PDFUniversal access to social media platforms, the vast number of users, and the resulting diversity of published content have created challenges regarding the recognition of materials as subject matter of copyright and the protection of users’ creativity on these platforms. Within the legal publishing market, there is a noticeable lack of comprehensive consideration of the issues surrounding creative works on Instagram. Therefore, the aim of this article is to provide a legal analysis of the aforementioned issue and to examine the specific types of content shared by Instagram users based on existing concepts and institutions of copyright law. To achieve this, the article assesses the potential recognition of Instagram users as authors and explores whether materials posted on Instagram may constitute subject matter of copyright
Monopoly and Its Varieties: Conceptual Framework for Economic Governance in Law
Get PDFThe article explores the concept of monopoly from legal and economic perspectives, and aims to develop a unified analytical framework for assessing monopolistic structures within economic governance systems. The author categorizes monopolies into three types: factual, natural, and legal, analysing their features and interrelations in the context of European and Polish law. Special attention is given to the interaction between legal regulations and economic realities, proposing that the notion of a “monopoly system” integrates these categories. The article provides a conceptual framework aligned with EU law principles, emphasizing the need for compliance with proportionality and internal market rules. Examples from Polish law, such as the currency monopoly and the organization of sports competitions, illustrate the discussion
Consent in Data Privacy: A General Comparison of GDPR and HIPAA
Get PDFThe purpose of this paper is to conduct a general comparisonof legal requirements regarding consent under the Health Insurance Portability and Accountability Act (HIPAA) and the General Data Protection Regulation (GDPR). Both regulations aim to protect health data as a special category of personal data, highlighting the importance of obtaining explicitconsent or authorization from the data owner before processing or disclosing the information. The article explores the distinct approaches of HIPAA and the GDPR in defining consent and authorization, the requirements for withdrawal or revocation of consent, and the form and language of consent. It also examines the scope of application and the impact on healthcare operations, emphasizing the need for informed and transparent consent practices under both regulations. Furthermore, it examines the differences in the regulatory scopes and the specific measures each framework takes to safeguard personal health information
The Tribulations of Polish Judges (2015–2023) or the Sally-Anne Test of Judicial Independence
Get PDFThe issue of judicial independence in Poland has deservedly attracted attention in academic circles in recent years. In this article, I address this issue by examining how the stress test of constitutional democracy proceeded within the Polish judiciary. I argue that developments in Poland exposed weakness in an important constitutional doctrine of judicial independence. Therefore, I seek to complicate the picture by bringing to light some older developments, pre-2015, but also by referring to a psychological experiment dealing with false beliefs (the Sally-Anne test). This article is an attempt to show what lessons can be drawn from Poland’s democratic backsliding, focusing particularly on why the issue of judicial independence failed to generate electoral change after 2015 and how the legalists’ reliance on legal proceedings proved ineffective. The concept of constitutional fracking is introduced to show how the Polish Allied Right ruling bloc exploited inconsistencies in the concept of judicial independence
Notes on the Attributed Powers of International Organizations
Get PDFThis article aims to explore the fundamental aspects of the the concept of attributed powers of international organizations. This subject holds significant importance, as attributed powers are related to the very nature of international organizations and their international subjectivity. The author discusses the essence of the attributed powers of international organizations, the doctrinal assessment of this concept, and the selected decisions of international courts that have addressed this issue