http://hdl.handle.net/11320/12549 Mon, 01 Jun 2026 19:13:54 GMT 2026-06-01T19:13:54Z http://hdl.handle.net/11320/14786 Tytuł: A defective directive implementation into national legal framework Autorzy: Marciniak, Marika Abstrakt: An adoption Better Regulation Programmehad introduced many substantive institutional and procedural changes (European Commission, 2017, p. 1-2). In recent years, the European Commission monitors more rigorouslywith regard to a directive implementation process. The analysis of neoteric case-law of the Court of Justice of the European Union testifies increasing number of infringement proceedings against Member States due to a defective directive implementation into national legal framework. The main aim of article is identification and assessment of the cause defective directive implementation based on the Court of Justice of the European Union case law analysis. Furthermore, the theoretical aspects of implementation, which is an indirect model of legislation and the infringement proceedings according to art. 258 Treaty on Functioning of the European Union was presented in detail. An identification of a daviation has practical significance for better regulation in the European Union. The carried analysis does not have only theoretical significance, though it raises the issue of apparent implementation due to goodness-of-fithypothesis. Fri, 01 Jan 2021 00:00:00 GMT http://hdl.handle.net/11320/14786 2021-01-01T00:00:00Z http://hdl.handle.net/11320/14785 Tytuł: Essential Security Interests of States - Some Observations on the Emerging Practice under International Law Autorzy: Połatyńska, Joanna Abstrakt: This paper tackles the notion of the essential security interest of a State as an exception enshrined in numerous treaties since the beginning of the 20th century. The purpose of the analysis is to establish whether the practice of international courts, tribunals, and other bodies competent to settle the disputes under international law has created any guidelines for interpretation of sometimes vague and discretionary terms used in the wording of essential security interest clauses included in different international treaties. The method is based on the exegetical analysis of jurisprudenceof international courts, tribunals and dispute settlement bodies in cases concerning interpretation of essential security interest clauses. The protection of vital interests of the State, designed as an exception to treaty-based international obligations,has been well established in treaty practice. The wordings of particular essential security interest clauses differ depending on the objects and purposes of the particular treaties, but the core stipulations of the essential security interest clauses remain very similar. The analysis of the judgments, awards and decisions allows to formulate some general conclusions as to the application of essential security interest clauses. Measures allowed under essential security interest exception must be intended toprotect ‘essential security interests’ of the invoking State. Although States remain discretion to define their essential security interests, it must be done in good faith, consistent with the ordinary meaning of the stipulation and treaties’ object and purpose. Fri, 01 Jan 2021 00:00:00 GMT http://hdl.handle.net/11320/14785 2021-01-01T00:00:00Z http://hdl.handle.net/11320/14784 Tytuł: The Legal Services Market for Ukrainians in the European Union: The Example of Poland Autorzy: Lipiec, Stanisław Abstrakt: In Poland and Germany have already lived about 3 million Ukrainians. Polish and German lawyers note that such a large number of immigrants may constitute a substantial market for their legal services. Therefore, they more and more often provide specific legal services to Ukrainians. The basic characteristics of the market of legal services provided to Ukrainians in Poland and the explanation of the functioning mechanisms of the Ukrainian legal services market in Poland and the EU are important elements of the study. During the study, we check the research hypothesis: immigrants from Ukraine to the European Union have co-created a new EU market for legal services. The study was conducted using the method of structured interview among Polish advocates and legal advisers and using the method of content analysis and statistical analysis. The survey results show that in Poland and in Germany there is the Ukrainian legal services market. Polish and German lawyers do not specialize in Ukrainian matters. Special legal services close to Ukrainians are not being developed. However, there is an increased volume of Ukrainian clients in Poland and minor modifications in the manner, number and method of providing services by lawyers. The first experiences of lawyers from cooperation with Ukrainians show that within 10 years, legal services for Ukrainians in Poland and Germany will become one of the most lucrative advocate specializations. Fri, 01 Jan 2021 00:00:00 GMT http://hdl.handle.net/11320/14784 2021-01-01T00:00:00Z http://hdl.handle.net/11320/14781 Tytuł: Work Models in the Ukrainian IT Industry: Between Employment and Contractor Models Autorzy: Horodyskyy, Ivan Abstrakt: The field of labour is one of the most dynamic in the society and develops under the influence of the general social progress. Rapid development of digital technologies, towhich public regulators appeared not to be ready in many aspects, has also changed the field of labour by stimulating search and application of new forms of employment. Resulting from technological changes, they also often appear to be beyond legal regulation, thus posing risks both for the state or business, and for employees. Normally new, hybrid forms of labour relations are considered in the context of tax and employment law. That is because they are also related to human rights as it is individual rights and freedoms that are exposed to risks. Respectively, all hybrid models and public initiatives require scrupulous attention and analysis, since their effect may go beyond the framework of employment law or fiscal consequences. In the present article wewill consider the key factors affecting launching of such hybrid models, their pros and cons, as well as public initiatives aimed at regulating relations in the field, as exemplified by different forms of labour organization in the Ukrainian IT industry. Fri, 01 Jan 2021 00:00:00 GMT http://hdl.handle.net/11320/14781 2021-01-01T00:00:00Z