Adam Mickiewicz University Law Review
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Corporate Consistency and the Regulations of the Corporate Governance System
Get PDFCorporate governance involves not only working out the relationship between a company and its shareholders, but also a search for consistency on a daily basis. When consistency is achieved, the shareholders’ satisfaction is higher and relations improve. Consistency is a prerequisite for a company’s effectiveness and efficiency, and it is the board’s task to make a corporation consistent. The first part of the paper introduces M. Flieger’s concept of corporate consistency, where platforms of consistency are introduced and the consistency model is proposed. This is the first time that such an introduction has been made, and this may lead to further discussion and research. The author points out that managers are rarely aware of the consistency problem, and there are no tools which enable a consistent system to be worked out. This makes the concept of corporate consistency worth investigating. In the second part of the paper, R. Kaminski focuses on the development of the European Union and Polish regulations, which were introduced as a consequence of the changing conditions in company activity. This section determines the content and sequence of the main issues discussed in the article. These include: the characteristics of the concept of a corporate governance system, the presentation of changes in regulations regarding a corporate governance system in the EU and the presentation of Polish regulations on corporate governance. The primary sources used in the work were literature and the rules and standards (mandatory and optional) on corporate governance. Both authors used descriptive analysis and the comparative method
The Conditions and Procedure for the Admission of Children of Incarcerated Mothers to Mother-and-Baby Units at Prisons in Poland
Get PDFThe admission of mother and child to the a mother-and-baby unit has a positive effect on both the development of the child as well as the social rehabilitation of the mother. Children in mother-and-baby units are provided the right conditions for development. The mother learns to fulfill her parental responsibilities. In addition, incarcerated women who are in prison with their children want to change for the better, in order to provide their children a better future
The European Union and Fundamental Rights/Human Rights: Vanguard or Villain?
Get PDFThe protection of fundamental rights and human rights in the European Union has witnessed several phases and fluctuations. In the early days of European integration, whilst it would be exaggerated to brand the then Communities a ‘villain,’ there was no explicit recognition of fundamental rights/human rights as being part of Community law. I hope it should have become clear by now that the Union does not fit particularly well into any of these two extremes. But by comparison to the other EU institutions, the Court of Justice has been somewhat of a forerunner, taking the first steps towards a fundamental rights system already in 1969 and contributing in many respects to its further development
The Development of the Russian Legal System after the “Accession” of the Republic of Crimea to the Russian Federation
Get PDFOn March 18 2014, the Republic of Crimea became a federal subject of the Russian Federation and the Ukrainian legal system was changed to the Russian system. The transition period was set to end on January 1 2015. This transition period was characterized by the fact that the law was created on a day-to-day basis, and as the residents of Crimea were unfamiliar with Russian law they found themselves in a legal vacuum. Laws were adopted in an urgent manner to ensure that the unification was as smooth as possible. In practice it became apparent that the allocated time was not sufficient, and the transition period was extended in some areas. The Article presents a review of the accession procedure and the legal regulations established in the Republic of Crimea during the transition period, and identifies some issues which have arisen
Controversies Concerning the Interpretation of State Resources as a Prerequisite of State Aid: an Illustration Using the Example of Polish Green Certificates and the Auction System
Get PDFThe process of Europeanisation in the legal field results in various conflicts between the Member States and European authorities. Cases concerning State aid are an example of such a conflict, where on one hand Member States want to preserve control over various supporting schemes and on the other the European Commission and the Court of Justice of the European Union through a set of judgements and decisions increase their supervisory power over the supporting schemes. The European jurisprudence tend to stretch the scope of State aid by expanding the definition of State resources, which is one of its prerequisites. Applying of such a broad definition of State resources to Polish green certificates scheme and the auction scheme shows negative results of this approach that not only decreases the efficiency of the Renewable Energy Sources supporting schemes but that has a negative reflection on the whole State aid system
Transboundary pipelines and the Arctic: legal issues
Get PDFIn the universal sources of modern international law, the regime of cross-border pipelines is set out only in general terms. It is true even regarding the 1982 UN Convention on the Law of the Sea, which provides the most developed regulations relating to laying such pipelines. National legal rules applicable to laying pipelines, however, in practice provide for additional requirements which go beyond conventional rules. Relevant national laws are often based on international environmental law, including multilateral environmental treaties. Existing regional treaties providing regulations on cross-border pipelines are most often also of a framework nature.In the universal sources of modern international law, the regime of cross-border pipelines is set out only in general terms. It is true even regarding the 1982 UN Convention on the Law of the Sea, which provides the most developed regulations relating to laying such pipelines. National legal rules applicable to laying pipelines, however, in practice provide for additional requirements which go beyond conventional rules. Relevant national laws are often based on international environmental law, including multilateral environmental treaties. Existing regional treaties providing regulations on cross-border pipelines are most often also of a framework nature
Ground servitude of transmission as a constitutional problem
No full textThe aim of the study is to analyse the institution of civil law – transmission servitude and its understanding by the Highest Court of the Republic of Poland, shown in the jurisdiction of that Court. The authors study each judgment of the Highest Court, which present the Court’s understanding of that institution. The rulings are subject to constitutional control. The courts of law in Poland issued a couple of legal questions to the Polish Constitutional Tribunal, in which the courts inquired if this understanding of transmission servitude is compatible with the constitution. The authors describe the consequences of the Tribunal’s in the context of the Constitution of Republic of Poland.The aim of the study is to analyse the institution of civil law – transmission servitude and its understanding by the Highest Court of the Republic of Poland, shown in the jurisdiction of that Court. The authors study each judgment of the Highest Court, which present the Court’s understanding of that institution. The rulings are subject to constitutional control. The courts of law in Poland issued a couple of legal questions to the Polish Constitutional Tribunal, in which the courts inquired if this understanding of transmission servitude is compatible with the constitution. The authors describe the consequences of the Tribunal’s in the context of the Constitution of Republic of Poland
Wrongfulness of a court’s decisions, acts and/or omissions as a condition of tortious obligations in Ukraine
Get PDFAn attempt to analyze one of the necessary conditions determining the obligations to compensate for damage caused by the judiciary is made in the article. The author focuses on the wrongfulness of a court’s decisions, acts and/or omissions as a condition of such obligations. It is emphasized that the category “miscarriage of justice” is used as a generic term for the aforementioned forms of wrongful behavior under the provisions of some international instruments and the legislation of some foreign countries. Meanwhile, the author shows that the incorporation of such an approach into national legislation is inappropriate. It is concluded that the problem of extending the list of wrongful actions of judicial bodies and their officials is particularly relevant for Ukraine, considering the practice of the ECHR. Special attention is given to the case of compensation for damage caused to an individual or legal entity as a result of a court rendering an illegal decision in a civil case
The new notion and classification of assemblies in Polish law
Get PDFThe topic of this paper is the issue of the notion and classification of assemblies in Polish law, while its direct aim is to analyse and evaluate the regulations of the above issue after the changes introduced by the Act of 24 July 2015 on the Law of Assemblies (Dz.U. item 1485). The discussion is divided into two parts: the first is devoted to the investigation of the very notion of assembly, the second to the analysis of the topic of classification of assemblies – from the perspective of the form of decision of an administrative authority regarding the permissibility of holding the assembly. Following this criterion, assemblies are divided into ones which only require notification and the silent acceptance of the administrative organ, spontaneous assemblies which do not require notification, assemblies which require prior permission, and finally assemblies in the case of which it is necessary to agree on the time and place of holding the assembly with the operator of the road
Ustanie bytu prawnego spółki kapitałowej a wygaśnięcie jej długów
Get PDFUnder Polish law, indebted companies can be liquidated without satisfying all the creditors. Therefore, debts may remain without a debtor. This issue is controversial in the Polish judicature. One way of thinking considers debt to be so closely joined with the debtor that when the debtor’s existence ends with no successor, the debts also end their existence. The other opinion holds that debts of the liquidated company do not cease to exist and may be claimed from the guarantor. As a rule, in Polish law debt is not strictly connected to the debtor or creditor and a change of debtor or creditor is possible. An old Ius Commune rule nomina ossibus inhaerent is not recognized in Poland. Thus the opinion that debts do not vanish after the liquidation of a company is more correct from the dogmatic point of view. Such a stance is also supported by a recent change in the Law on National Court Register.Under Polish law, indebted companies can be liquidated without satisfying all the creditors. Therefore, debts may remain without a debtor. This issue is controversial in the Polish judicature. One way of thinking considers debt to be so closely joined with the debtor that when the debtor’s existence ends with no successor, the debts also end their existence. The other opinion holds that debts of the liquidated company do not cease to exist and may be claimed from the guarantor. As a rule, in Polish law debt is not strictly connected to the debtor or creditor and a change of debtor or creditor is possible. An old Ius Commune rule nomina ossibus inhaerent is not recognized in Poland. Thus the opinion that debts do not vanish after the liquidation of a company is more correct from the dogmatic point of view. Such a stance is also supported by a recent change in the Law on National Court Register