Adam Mickiewicz University Law Review
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Tourist Events During the COVID-19 Pandemic in Light of Polish Consumer Law
Get PDFThe COVID-19 pandemic brought a new perspective on travel. This applies not only to their practice but also to the legal standpoint, with all the associated consequences. This article aims to present the most relevant aspects related to the organization of package travels during the COVID-19 pandemic. This problem, in these extraordinary circumstances, is a major challenge for both tour operators and tourists. The article will raise current issues related to the cancellation of the trip from both the tour operator and the tourist, as well as matters linked with incurring additional, previously unforeseen costs. No less important, also from the legal-practical point of view, is the issue of compliance of national regulations with the EU provisions in this area. The Polish legislator’s transgression of EU law could potentially result in financial liability of the Republic of Poland not only towards EU authorities for breach of procedures but also, and perhaps most importantly, towards citizenspursuing their claims in court proceedings
The Extraordinary Complaint in the Polish Legal System. Selected Remarks on the Admissibility of the Extraordinary Complaint in Bankruptcy Proceedings
Get PDFThis article analyses the possibility of utilizing the institution of an extraordinary complaint, which constitutes one of the extraordinary means of appeal in the Polish legal system, as a legal tool available to individuals inbankruptcy proceedings. The article also indicates that an extraordinary complaint, when examined from a systemic perspective within the Polish legal order - particularly in light of the judgment of the European Court of Human Rights in Strasbourg in Wałęsa v. Poland - is a measure that raises certain legal concerns and prompts some political controversies. However, in the author’s opinion, this does not contradict the fact that, regardless of the emerging doubts and controversies (and irrespective of potential future legislative changes regarding this institution), such a measure is extremely important from the perspective of individuals (as subjects of freedoms and rights derived from such conventions as the Constitution of the Republic of Poland and the Convention for the Protection of Human Rights and Fundamental Freedoms, including the right to a fair trial). State authorities should make every possible effort to ensure that this measure is fully effective, efficient, and accessible to individuals at the relevant moment - both in theory and in practice. The article aims to determine whether and to what extent an extraordinary complaint may be applied in bankruptcy proceedings, where the primary objective is to satisfy creditors and organize the debtor’s obligations. At the same time, considering the postulate of ensuring the full effectiveness and efficiency of this means of appeal available to individuals, the author also seeks to examine whether such a measure can be applied in bankruptcy cases that concern the sale of an enterprise under a pre-pack procedure. The article highlights that, despite the formal possibility of filing extraordinary complaints in bankruptcy proceedings, in practice, public authorities do not make use of this measure in relation to rulings issued during bankruptcy proceedings. The article emphasizes how the lack of such action contradicts the constitutional principles of a modern democratic state (including the principle of a democratic state governed by the rule of law that implements the principles of social justice, as indicated in Article 2 of the Constitution of the Republic of Poland, as well as the resulting principle of protecting citizens’ trust in the state and its legal system). An extraordinary complaint should be a fully effective and efficient remedy, also within bankruptcy proceedings. The conclusions indicate that an extraordinary complaint in bankruptcy proceedings should also be admissible in situations where the bankrupt’s assets are sold (including cases of enterprises sold under the pre-pack procedure), particularly when such actions may lead to violations of the constitutional freedoms and rights of individuals (both creditors and the debtor). In the author’s opinion, the possibility of filing such a complaint should be analysed on a case by-case basis, taking into account the legal consequences of decisions made in the course of the liquidation of bankruptcy assets
The Polish National Minority in Germany in the Light of International Law
Get PDFThe paper is an English translation of the article “Polska mniejszość narodowa w Niemczech w świetle prawa międzynarodowego” published originally in Ruch Prawniczy, Ekonomiczny i Socjologiczny no. 2 from 2010. The text is published as a part of a section of the Adam Mickiewicz University devoted to the achievements of the Professors of the Faculty of Law and Administration of the Adam Mickiewicz University, Poznań
Diplomatic Protection in International Law: A Comprehensive Analysis of ICJ Rulings with Particular Focus on the Landmark Diallo Case Judgment of 2012
Get PDFThis paper explores the concept of diplomatic protection in international law through a detailed analysis of International Court of Justice (ICJ) rulings, with a particular focus on the landmark June 19, 2012 judgment in Ahmadou Sadio Diallo (Republic of Guinea v. Democratic Republic of the Congo). Diplomatic protection, a traditional legal mechanism allowing states to seek redress for their nationals harmed by other states, reflects a nuanced intersection between state sovereignty and individual rights within international law. This study traces the evolution of diplomatic protection in ICJ jurisprudence, assessing how the Court has balanced state responsibility with the protection of individuals abroad. The Diallo judgment is analyzed for its substantive contributions, particularly in recognizing non-material damages and the principles underpinning adequate reparations. Through this case study, the paper examines key requirements for diplomatic protection, such as nationality, exhaustion of local remedies, and the discretionary nature of state action. By evaluating the im plications of this and related ICJ rulings, this research offers insights into the evolving role of diplomatic protection and its effectiveness in modern international law for advancing individual justice within the framework of state sovereignty
Legal and Ethical Aspects of Discontinuing Futile Medical Care in Poland, the United Kingdom and Italy. A Comparative-Legal Perspective
Get PDFFutile care encompasses a range of medical procedures that serve to sustain the vital functions of a terminally ill person, thus prolonging their dying process. This paper aims primarily to arrive at a legal and ethical characterization of the institution of futile care. In the light of pertinent laws in other countries (the United Kingdom, Italy), the authors demonstrate that it is necessary to take legislative action concerning futile care in Poland, including e.g. the institution of advanced decision and lasting power of attorney. There are certain obstacles to introducing legal norms that pertain to futile care. For one thing its normative definition is lacking while the applicable law, such as the Act on the Medical Profession, imposes an obligation on the physician to provide medical assistance in each case where delay could expose the patient to the risk of loss of life, grievous bodily injury or serious disturbance of health
Labor Protection in the Perspective of Artificial Intelligence: New Challenges for the EU and the ILO
Get PDFThe introduction of artificial intelligence (hereinafter referred to as AI) is an active process and today touches almost all areas of human life. Laborrelations are no exception. However, the current legislation on many labor relations issues is not ready for such innovations and needs to be updated. This isa particular challenge for such participants in international relations as the ILO and the EU, as they implement national standards that are unified by many countries. The purpose of the article is to study the current challenges for the ILO and the EU with regard to AI implementation in labor relations, to classify them and to find legal solutions. The authors propose new legislative initiatives, including standardization, establishing the right to appeal against AI decisions, ensuring transparency of algorithms, enshrining the right to disconnect, and amendments to the GDPR. The practical significance of the article lies in its recommendations for improving the current legislation as guidelines for the ILO, the EU and the United States
Corporate Sustainability Reporting: Regulations of the International Sustainability Standards Board and the European Union
Get PDFThe disclosure of enterprises’ achievements in the field of sustainable development requires the use of a specific set of indicators framed in a coherent reporting system. The aim of this article is to present and assess two international regulations that create systems for reporting social, environmental, including climate and management issues by enterprises. These are the standards developed by the International Sustainability Standards Board and legal regulations, including reporting standards adopted in the European Union. The discussion in the article shows that although both systems differ in their degree of maturity, they meet the basic challenges related to the need to inform about the goals and achievements of enterprises in the field of their sustainable development. Therefore, there is a chance for these systems to converge in the future
The Role of State Aid in the COVID-19 Pandemic – Polish Case Study
Get PDFThe article aims to assess the utility of the legal instruments implemented during the COVID-19 pandemic in terms of responding to other sudden crises with vast economic consequences. The analysis will consist of presenting the legal basis for state aid, the measures undertaken and their consequences on both the EU and national level. Firstly, the legal response to the crisis on the EU level will be tackled with a particular focus on the provisions of the temporary framework. Other possible legal bases will also be taken into consideration – Article 107(2)b TFEU, Article 107(3)c TFEU, de minimis regulation, General Block Exemption Regulation. Secondly, the response to the crisis in Poland will be analysed on two levels: legislation (implementation of the “anti-crisis shield”) and jurisprudence (using the example of the judgement of the Administrative Court in Opole I SA/Op 97/21 from April 23, 2021, which resolved the legal controversies regarding the so-called PKD classification)
The data subject’s right to access to information under GDPR and the right of the data controller to protect its know-how
Get PDFThe data subject’s right to access information on data processing has a very broad meaning. Considering the latest developments in this field (mainly the CJEU ruling on Austrian posts and EDPB guidelines) one can draw the conclusion that the controller’s right to protect its confidential in-formation is limited and less valuable than the data subject’s rights. However, this may lead to unfair and unequal treatment of companies and data subjects. When looking at this right in a more systematic perspective, it seems that the model of the protection of personal data may go hand in hand with the controllers’ business interests. A different interpretation may lead to the discouragement of entrepreneurs, both EU and foreign, from conducting business in the European Union. This is not conducive to the development of the European market and certainly will not attract foreign capital