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Journal of Business Law 11/2023

ISSN: 0137-5490
Pages: 40
Publication date: 2023
Place publication: Warszawa
Binding: paperback
Format: A4
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DOI: 10.33226/0137-5490.2023.11.1
JEL: K23

At the European Union (EU) level, legislative work on the adoption of the Insurance and Reinsurance Resolution Directive (Directive IRRD) is nearing completion. The solutions adopted in this Directive will affect the institutional and legal structure of the Polish insurance sector and the financial safety net in Poland. Thus, the way in which these solutions will be implemented in the Polish legal order is of crucial importance. In this context, it is of fundamental importance what solutions have been prepared by the European Commission in the Draft IRRD. The purpose of this article is to present the most important areas of this project together with an analysis of them.

Keywords: trilogue; resolution authorities; restructuring; resolution; recovery plan
DOI: 10.33226/0137-5490.2023.11.2
JEL: K22, K29

The institutional aspect of the organization of supervision over the financial market, in the era of globalization of the world economy and the challenges that arise with technological progress, is today one of the key elements of the financial security of every country. Thus, the purpose of this article will be to analyse a rather specific, because not fully centralized, system of supervision over the financial market in France, with particular emphasis on the so-called consultative institutions regulated by the Monetary and Financial Code. The above will allow for a better understanding of the two-pillar supervision model, under which the main supervisory authority, i.e. the Autorité des marchés financiers (AMF), is supplemented not only by the auxiliary body in the form of the Autorité de contrôle prudentiel et de résolution (ACPR), but also by a number of consulting institutions. The above aspect, which has not been previously the subject of in-depth analyses, will also allow for reflection on the verification of the thesis on the potential implementation of some French models to the model of financial market supervision in Poland.

Keywords: French law; financial market; supervision
DOI: 10.33226/0137-5490.2023.11.3
JEL: K11, K12, K24

In the era of Industry 4.0, cloud services have become commonly used, offering integration of various IT systems. Artificial Intelligence (AI) systems support process flexibility and modularization. Platforms enabling the synchronisation of the operation of various AI agents are created and industrial components based on AI integrated in multi-agent systems are developed. One of the important aspects of intelligent production is the safe and effective cooperation of humans with industrial robots and AI systems. In this context, the authors of this article consider issues related to the type and scope of processed data, processing of mixed data sets and the phenomenon of data re-personalization, the scope of the right to privacy and issues related to automated decision making. They also indicate new or planned legal regulations that may affect intelligent production.

Keywords: intelligent manufacturing; Industry 4.0; artificial intelligence; data; data management
DOI: 10.33226/0137-5490.2023.11.4
JEL: K22, K23

The lawful action of public administration bodies is one of the basic principles of a democratic state under the rule of law. Entrepreneurs must have certainty before the law, as well as before the expected actions of public administration bodies. One of the key institutions providing entrepreneurs with the possibility to conduct their business uninterruptedly is the institution of succession – universal and singular and the related legal succession in the administrative-legal sphere. However, while the principles of succession are clear and follow directly from the provisions of the law, the actions of the bodies of the Polish Waters in relation to the institution of legal succession – as can be seen from the authors' experience as attorneys in proceedings conducted by the above-mentioned bodies – are often inconsistent with the regulations. The article will address the key problems arising in the practice of authorities competent in matters of water permits, including those related to confirmation of the transfer of rights and obligations arising from the water permit and its transfer. Unacceptable, in the authors' opinion, practice resulting from the authorities' actions will be indicated. Model actions that should be applied by the authorities in cases of legal succession in water law permits will also be described.

Keywords: water permit; assumption of rights and obligations; administrative-legal succession; legal succession; transfer of water permit
DOI: 10.33226/0137-5490.2023.11.5
JEL: K23, K32, P18

The Regional Director of Environmental Protection in Wrocław, by decision of 21.01.2020, determined the environmental conditions for the implementation of the project "Continuation of the exploitation of the lignite deposit Turów, implemented in the municipality of Bogatynia". The applicant was an energy company – PGE Górnictwo i Energetyka Konwencjonalna S.A. An appeal against the decision was filed by NGOs with statutory objectives related to environmental protection as well as local government units from the Czech Republic and Germany. As a result of the appeal proceedings, the General Director of Environmental Protection issued a decision on 30.09.2022, amending the decision of the Regional Director of Environmental Protection, but not satisfying the demands of the majority of the parties to revoke the decision on environmental conditions. The decision of the General Director of Environmental Protection was appealed to the WSA in Warsaw by the NGOs and the city of Žitava. Some of the complainants applied for a stay of execution of the contested decision of the General Director of Environmental Protection. The WSA, by decision of 31.05.2023, suspended the execution of the contested decision. The Supreme Administrative Court annulled on 18.07.2023 the appealed decision of the WSA and refused to suspend the execution of the appealed decision (on environmental conditions of the implementation of the project entitled: "Continuation of exploitation of the Turów lignite deposit"). The decision of the NSA deserves approval for three reasons. Firstly, due to the correct argumentation concerning the temporary protection provided for in Article 61 § 3 p.p.s.a. Secondly, due to the criticism of the decision of the WSA with regard to the lack of weighing of values and one-sidedness of the justification. Thirdly, because of the necessary restraint in terms of administrative control when it comes to disputes par excellence political, to which the judiciary should not be a party, and which the NSA has preserved in the its decision.

Keywords: mining of lignite; concession; provisional measure; energy law; energy security
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