Przegląd Ustawodawstwa Gospodarczego nr 07/2011
Publication date: 2011
Place publication: Warszawa
Magdalena Fedorowicz, Uniwersytet Szczeciński
Główne zasady organizacyjne nowego europejskiego nadzoru finansowego na przykładzie Europejskiej Rady Ryzyka Systemowego i Europejskiego Organu Nadzoru Bankowego
The Principles of the new European Financial Supervision- main problems on example of the European Systemic Risk Council and European Banking Authority
This article discussed the legal problems of the new architecture of the financial supervision in the EU, which will be composed of two new pillars: a European Systemic Risk Council “macro- prudential supervision” and a European System of Financial Supervisors “micro-prudential supervision”, consisting of a network of national financial supervisors working in tandem with new European Supervisory. This new network will be based especially on the principles of partnership, integration, subsidiarity, administrative and financial independence, which were analyzed in this publication. The new European Financial Supervisory Framework must be fully accountable to political authorities in the EU. It must also develop a common supervisory culture within the EU. The ESA- Authorities will develop binding technical standards in specific areas and on basis of criteria which will be specified in Community legislation and draw up interpretative guidelines, which the competent national authorities would apply in taking individual decisions, notably as regards the licensing and supervision of financial institutions and have under regards of the European legal acts full supervisory powers for financial institution in some specific cases.
Michał Biliński, Uniwersytet Jagielloński
Ustawa o sporcie – nowy model czy kosmetyczne zmiany polskiego prawa sportowego?
The Sport act - new model or minor modification of the Polish sports law?
The purpose of this publication is to present basic assumptions of the new Polish sport regulations which became effective Ocotber 16, 2010. National legislator indicates that since then the new model of the Polish sports law was established.
The authors of the Act stressed that the new legislation was based on the solutions already applied in The European Union. And so, the article focuses on the comparison of the regulations with the assumptions contained in the White Paper on Sport (presented by the Commission, Brussels 11.7.2007). In preparing the White Paper, the Commission has held numerous consultations which demonstrated that considerable expectations exist concerning the role of sport in Europe. Naturally they relate to the activities the EU institutions have conducted in this realm. The EU White Paper on Sport focuses around three key areas: the societal, economic, and organizational roles of sport. The author provides an answer to the question whether the solutions applied in the White Paper correspond to those adopted in the Sports Act. The publication contains critical comments as well as a commentary on those aspect of the problem that deserve particular attention or should become a part of the legislation.
Katarzyna Plata-Gardas, Uniwersytet Śląski
Product placement na gruncie nowej ustawy o radiofonii i telewizji
Product placement based on the new broadcasting law
This article is aimed at analysing and evaluating the scope of implementing the Directive of the European Parliament and of the Council 2010/13/EU into the Polish legislation, according to the draft revision of the Polish broadcasting law. The article discusses briefly the product placement issue, present for some time already in films and TV series produced both in Poland and aboard, and which have seemed to arouse most disputes and concerns in the context of the broadcasting law revision.
The text includes also explanation of how to understand the product placement, as well as discussion on the applicable existing regulations of the Polish law. Prior to implementing the Directive 2010/13/EU into the Polish legislation, product placement used to be treated as a form of hidden advertising, which, however, led to significant issues and resulted in the need of introducing thorough changes.
The currently applicable regulations on the product placement in the Polish law are described in the article, with the objective of justifying that it is appropriate and desirable to implement such changes that would assure that the target audience of advertising contents would be fully aware that the message received by them was not neutral.
The article aims also at providing evidence that the changes introduced were necessary for the proper operation of our legislation system, and even though they do need some modifications or clarifications in order to avoid interpretation difficulties, they will indeed contribute to higher legal certainty, less discrepancies, and perhaps also to the development of domestic productions.
Ilona Szwedziak, Uniwersytet Kardynała Stefana Wyszyńskiego w Warszawie
Glosa do wyroku Trybunału Sprawiedliwości Unii Europejskiej z dnia 11 listopada 2010 r. w sprawie C-543/08 Komisja vs Republika Portugalii
Gloss to the sentence of the European Union Court of Justice dated 11th of November 2010 regarding C-543/08 Commission vs Republic of Portugal
Above mentioned gloss widely comments the sentence of the European Court of Justice regarding lawsuit C- 543/08, EU Commission vs Republic of Portugal concerning state’s entitlements in company Energias de Portugal SA and more precisely so called golden share law.
Question of particular entitlements of the state has been raising a lot of concerns since several dozen years and is perceived as specific anomaly in the regular course of functioning of the Common Market. „Golden share” privilege is also treated as highly discriminatory towards other shareholders of the company, which having the shares and rights emanating from them, remain to the significant extent limited in possibilities of using them.
Currently commented sentence, however coherent with the adjudication line of the Court (1 share – 1 vote) deserves our attention due to several reasons. First of all during short period of time Court for the second time ruled about specific entitlements of the state in Portugal public companies (sentence EU Commission vs Republic of Portugal case number C- 171/08 concerning other strategic entity – Portugal Telecom). Secondly, state’s „golden share” issue was raised in the context of the companies which are strategic from the state perspective, operating in so called infrastructure sectors.
Thirdly, outside the margine of Court’s attention remained question regarding protection of the company with the usage of golden share law in the event of strategic processes such as mergers, splits and dissolution of the company, which might possibly occur.
Andrzej Tynel, Polskie Stowarzyszenie Sądownictwa Polubownego
Wyłączenie członka Zespołu Orzekającego w praktyce Sądu Arbitrażowego przy KIG
Excluding a member of adjudication panel in Arbitration Court practice
at the National Economic Chamber
Fundamental condition ensuring correct execution of arbitration proceedings ( out-of-court settlement) is creating for the parties the control opportunities upon the arbiters’ impartiality and independence. This aim is fulfilled by an institution called “exclusion of an arbiter” . Creating a possibility of exclusion a member of adjudication panel naturally leads to setting a procedure on recognition of exclusion motion. Such a procedure should ensure objective recognition of the motion by the organ or a person, who guarantees independent making of the decision upon a justness of the placed motion. This is so important because there is no possibility to exclude an arbiter ex lege. Author makes an expert analysis of this difficult problem.
Marek Wierzbowski, Uniwersytet Warszawski
Paweł Wajda, Uniwersytet Warszawski
(Konrad Zacharzewski, Prawo giełdowe, wyd. C. H. Beck Warszawa 2010, s. 397)
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