European law

  • The scope of standardization of the protection of national colors in the Polish law, the Italian law and the Community legislation

    Author: Radosław Zych
    E-mail: radzy84@o2.pl
    Institution: Uniwersytet Szczeciński
    Year of publication: 2018
    Source: Show
    Pages: 127-152
    DOI Address: https://doi.org/10.15804/ppk.2018.01.07
    PDF: ppk/41/ppk4107.pdf

    In the face of the European integration, the legal protection of national symbols enjoys momentous significance. The present turbulent times and numerous conflicts, the etiology of which is – e.g. social or political in nature – require an attempt to make a scientific overview of the situation. In this article I will examine the scope of standardization of the protection of national colors in the Polish law, the Italian law and the Community legislation. The study takes into account the historical and contemporary judicial decisions. I will try to answer the question whether the scope of protection of the Community colors in the Polish law is sufficient? The analysis of the examined normative acts has led me to the conclusion that the Polish legislator, after the restoration of independent statehood, attached a great importance to the normative grounds ensuring protection of colors of the national symbols. The Italian constitutional adjustment, compared to the Polish one in the scope of the national colors, is very sparse. Aside from the Community rules, each member state – as a result of historical development – has developed its own model of protection. The colors of the European Union are not expressly protected under the Polish normative regulations. However, de lege ferenda, I reckon that for the interests of legal certainty, the legal status in this field should be amended and relevant norms should be laid down.

  • Orzeczenia ultra vires Trybunału Sprawiedliwości Unii Europejskiej i ich ocena w orzecznictwie niemieckiego Federalnego Trybunału Konstytucyjnego. Uwagi na marginesie orzeczenia z 5 maja 2020 r.

    Author: Joanna Górska-Szymczak
    E-mail: j.m.gorska@gmail.com
    Institution: Toruńska Szkoła Wyższa
    ORCID: https://orcid.org/0000-0003-1899-0105
    Author: Grzegorz Górski
    E-mail: g.k.m.gorski@gmail.com
    Institution: Toruńska Szkoła Wyższa
    ORCID: https://orcid.org/0000-0003-2057-5816
    Year of publication: 2021
    Source: Show
    Pages: 343-361
    DOI Address: https://doi.org/10.15804/ppk.2021.03.23
    PDF: ppk/61/ppk6123.pdf

    Ultra vires Rulings of the Court of Justice of the European Union and their Assessment in the Jurisprudence of the German Federal Constitutional Court. Aside from the Judgment of May 5, 2020

    On May 5, 2020, the German Federal Constitutional Court (FCC) ruled on the legality of the public sector asset purchase program established by the European System of Central Banks (ESCB). What is particularly important, this issue was the subject of a preliminary ruling by the Court of Justice of the European Union (CJEU), issued following an inquiry from a German court. The FCC’s decision is of particular importance in the context of plans to launch a European Reconstruction Fund to combat the effects of the coronavirus pandemic. The German court questioned the treaty bases of the decisions of the European Central Bank (ECB) on the basis of which the bonds were issued. What is particularly important, the German court emphasized not only the right, but even the obligation to examine by the constitutional courts of the EU Member States whether the activity of European institutions goes beyond the powers conferred on them in the treaties (ultra vires). The content of this decision and its extensive justification will certainly have a great impact on the functioning of the European Union.

Wiadomość do:

 

 

© 2017 Adam Marszałek Publishing House. All rights reserved.

Projekt i wykonanie Pollyart