Journal of Business Law 11/2019
Publication date: 2019
Place publication: Warszawa
The institution of European Funds Officer was established in July 2017 to assume responsibility for improving and streamlining the process of performing tasks related to spending EU funds. The task of the European Funds Officer is to monitor and inform individual institutions about the system of implementing proposed improvements in the fulfilment of national and regional operational programmes through his contact with the applicants, beneficiaries and other entities interested in implementing European funds. The article describes the European Funds Officer and his tasks; and presents an analysis of the activities of the Officer at the Ministry of Investment and Development, as well as the Officers appointed by the regional operational programme managing authorities, on the basis of their annual reports.
The most numerous group of beneficiaries applying for grants from EU funds are entities of the public finance sector obliged to obey the regulationsof the PPL. The implementation of EU funds is connected with a number of legal regulations, both at the EU and Member State level, and the effective absorption of EU funds is inextricably linked to public procurement law procedures. This article presents the absorption of EU funds from the largest operational program in the context of public procurement law procedures, as well as issues related to irregularities identified in the co-financed procurement process.
The aim of this paper is to present in general terms (and not in detail) the challenges concerning the functioning of the institutional structure of consumer protection on the financial market in Poland (consumer protection network on the financial services market), especially in view of the need to counteract the abuses revealed in the post-crisis reality, aimed at providing them with real protection.
It is not about detailed characteristics of legal regulations concerning the status and competences of already functioning bodies and institutions of consumer protection of financial services, but only about indicating problems leading in general dimension and certain proposals of conceptual changes in the construction of this infrastructure of the consumer protection of financial services and its location within the framework of the financial market safety network.
The author, taking as a starting point the current infrastructure of consumer protection in the financial market in Poland and the tasks and competences of the bodies creating it (without their analysis, however), makes an attempt to answer questions that should be undertaken (both in the regulatory and actual), so that these entities create from the institutional (subjective and competence) point of view a coherent system, and the consumer protection network in the financial market was a guarantee of the actual enforcement of consumer financial market law (consumer protection law for financial services), both in the public and private legal dimension.
In particular, the author will propose the components of which this institutional structure should be built and what forms of cooperation between them would be indicated, in particular whether there is a need to create new bodies (new elements) of this structure equipped with additional competences and tasks? (without, however, taking into account detailed considerations in this respect, but only at the level of the general concept). Due to the limited framework of the present study, it is not the Author's goal to present exhaustively the entire concept and proposal of changes in the structure (network) of consumer protection in the financial market, but only to signal the need and necessity to undertake a discourse, both at the theoretical and practical level in this area.
The subject of the article is the liability for defects of construction services under provisions of German civil law. The discussion is focused on solutions adopted by German legislator in the provisions of § 633–635 and § 638 BGB (Bürgerliches Gesetzbuch) and in the VOB/B (Allgemeine Vertragsbedingungen für die Ausführung von Bauleistungen), which latest amendment entered entered into force on 18.04.2016. Particular emphasis was placed on discussing the rights of the orderer for defects in construction works. Due to the significant scope of cooperation between Polish and German construction companies, the presented topics are of not only comparative but also practical legal importance.
The so called "schoolbook amendment" to the Education System Act adopted in 2014 introduced new provisions regulating marketing practices of schoolbook publishers. For the first time in history, the amendment implemented two provisions prohibiting particular practices classified by the legislator as unfair competition acts. The first ban applies to offering, promising or granting any benefits, directly or indirectly, to schools or teachers in consideration for choosing specific textbooks, educational materials or practice materials. The legislator wishes to eliminate corruption-related phenomena in the school-publisher relation. The second ban applies to offering a textbook in combination with another textbook or additional teaching materials meant for schoolchildren. This way, it applies to a certain type of tying arrangements that occur in the publishing market. In both cases, these brand new types of unfair competition acts are subject to critical assessment as part of the extended regulation shaping the legal framework applicable to the Polish market of textbooks and related educational aids offered by publishers.
The subject of the article is a new mode of proceedings in a business lawsuit. It is regulated in the Code of Civil Procedure under the Act of 4 July 2019 which will enter into force 3 months after its publication. The author describes this new regulation. He highlights new rules pertaining to bringing of evidence and restrictions related to parties declarations and motions for evidence. He underlines that it should let the court finish the proceedings in six months.
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