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Business Law Journal 03/2024

ISSN: 0137-5490
Pages: 44
Publication date: 2024
Place publication: Warszawa
Binding: paperback
Format: A4
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DOI: 10.33226/0137-5490.2024.3.1
JEL: K49

The purpose of this article is to present selected legal issues concerning the possibility of using artificial intelligence in mediation processes in business cases. The article opens with brief remarks succinctly outlining the genesis of the concept of artificial intelligence and the different approaches to it on the grounds of various scientific disciplines. The advantages and drawbacks of using artificial intelligence in the role of a mediator and as a tool used by a mediator in mediation proceedings are also discussed. The author also presents the potential dangers of using artificial intelligence in mediation proceedings from the perspective of the principles governing it, emphasizing the importance of interpersonal relations and communication (verbal and non-verbal) between the parties in the course of mediation.

Keywords: alternative dispute resolution; ADR; mediation; artificial intelligence
DOI: 10.33226/0137-5490.2024.3.2
JEL: K29, L21, L32

At the beginning of the political and socio-economic transformation in the 1990s in Poland, the State Treasury became a shareholder of many commercial companies, which was a direct consequence of the so called commercialization of state-owned enterprises. Each shareholder participates in a company driven by his/her objective. State Treasury is a unique shareholder, but its objective as a shareholder wasn't legally defined until 2016. The paper focuses on socioeconomic and legal determinants defining in the past and present State Treasury's objective. The text attempts to interpret the concept of the "State Treasury's objective".

Keywords: : State Treasury; shareholder's objective; management of state assets; fuel and energy sector
DOI: 10.33226/0137-5490.2024.3.3

The EU legislator's proposal to create a new status of a Trust and Check entrepreneur in customs turnover is the result of the reform of the customs union and the introduction of facilitations in customs turnover. And basing it on the AEO institution and the status of authorized AEO entrepreneurs creates the foundations for moving the business and customs partnership to a higher level based on the principle of customs compliance in customs turnover for exporters and importers, thus creating a third group of entrepreneurs in customs turnover – Trust and Check entrepreneurs, in addition to the already existing: AEO economic operators and ordinary economic operators with different levels of cooperation with customs authorities, customs facilitations and the level of customs security assurance. The aim of the article is to present the assumptions and criteria for access to the Trust and Check institution and to compare it with the currently existing AEO institution as well as future planned changes within this institution. The implementation of this goal in conjunction with the analysis of the concept of customs turnover and the designed legal definitions of the exporter and importer will contribute to finding the answer to the main research question: Why is the EU legislator designing a new status of Trust and Check entrepreneur in the EU customs turnover, basing it on the existing AEO status?

Keywords: customs turnover; Trust and Check institution; Trust and Check entrepreneur; AEO institution
DOI: 10.33226/0137-5490.2024.3.4
JEL: K12

This article presents the amendment to the Code of Commercial Companies, introducing into the Polish legal system provisions concerning a group of companies. In particular, the characteristics of a relatively new institution in Polish legislation are analysed, which is the supervision of subsidiaries by the supervisory board of the parent company. The study presents the powers of the supervisory board of the parent company, the available tools for exercising supervision, the rules for their use, as well as the obligations imposed on the supervisory board of the parent company.

Keywords: supervisory board; group of companies; parent company; subsidiary
DOI: 10.33226/0137-5490.2024.3.5
JEL: K10, K21, K23

The category of regulatory authorities is a relatively new concept in the doctrine of administrative law – their emergence is associated with the process of liberalization of the Polish economy in the 1990s and the implementation of EU law into the national legal order. One of the distinguishing features of regulatory administration is the wide scope of its discretionary power, taking the form not only of classic administrative discretion, but also of general clauses, broad definitions, or references to fields of knowledge other than law. This scope translates into broad possibilities for interference by the regulatory body in the entrepreneur's freedom of economic activity. The subject of consideration in the article is the search for the constitutional limits of the regulatory body's discretionary power under Articles 20, 22 and 31(3) of the Polish Constitution. These considerations are also illustrated with examples of decisions issued in the current practice of regulatory administration.

Keywords: freedom of economic activity; Constitution; regulators; competition law
DOI: 10.33226/0137-5490.2024.3.6
JEL: K13

The subject of the study is a polemic with the position of the Supreme Court expressed on the basis of the voted decision, concerning an important practical issue related to the calculation of the limitation period for claims for damages reported in the letter extending the claim. Referring to the views established in this matter, expressed so far in the doctrine and judicature, the author will attempt to present arguments undermining the legitimacy of the view expressed by the Supreme Court in the context of the judgment in question.

Keywords: civil proceedings; limitation of claims; change of claim; claim for damages
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