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dr Michał Barański
ORCID: 0000-0001-6797-8124

Dr Michał Barański, assistant professor and leader of the Labour Law and Social Policy Research Team at the Institute of Legal Sciences at the University of Silesia in Katowice, attorney-at-law, editor-in-chief of the academic journal "Z Problematyki Prawa Pracy i Polityki Socjalnej" ("Labour Law and Social Politics Issues"). Author and co-author of over 45 publications, including labour law and social insurance law, intellectual property law and contract law.

 
DOI: 10.33226/0032-6186.2024.6.2
JEL: K31

The recognition that climate change is one of humanity's main problems justifies the search for mechanisms conducive to environmental protection at all possible levels. One is the employee-employer relationship and the related right to a pollution-free working environment. When considering the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR), it should be noted that it does not contain provisions relating explicitly to environmental protection. However, this does not mean that environmental issues are outside its scope of interest. Over the years, the European Court of Human Rights (ECtHR) has issued several judgments concerning the environment, indicating that when environmental pollution directly affects an individual, there may be a violation of Article 2 of the ECHR. At the same time, on many occasions, the ECtHR has considered the human right to a pollution-free environment not only from the perspective of the right to life but also in close connection with the human right to respect for private and family life (Article 8 ECHR). In our opinion, some of the ECtHR's views formulated in the judgments on the interface between human rights (Article 2 and Article 8 ECHR) and environmental protection can be applied directly to the employeremployee relationship.

Keywords: climate change; human rights; pollution-free working environment; occupational safety and health (OSH) frameworks; right to information; labour-environment nexus
DOI: 10.33226/0032-6186.2022.8.3
JEL: K31

Progressing unfavourable climate change — rising temperatures, changing precipitation patterns, melting glaciers and snow, rising average global sea level, is a reality. To mitigate climate change, emissions must be reduced or prevented. Certain workplaces and industries will undergo changes or disappear altogether as a result of climate change, while others will come into being as we move towards 'greener' economies. Labour law, although not a natural ally in the fight against global warming, can become a very strong partner for environmental law. The Authors point to the obligations of the parties to the employment relationship, which should be reinterpreted to become an effective instrument in this fight. Thus, they start a discussion on the role of labour law in combating climate change.

Keywords: environmental protection; climate change; employment; duties of parties to an employment relationship
DOI: 10.33226/0137-5490.2020.11.4
JEL: K19

The manifestation of the institution of incompatibility of positions in the law of local self-government is, inter alia, 24f par. 2 of the Act of 8 March 1990 on Commune Self-government (u.s.g.). The principles of prevention of corruption in the local government set out in the acts are the subject of numerous critical remarks in the science of law. In particular, the relationship between art. 2 par. 6, art. 4 and art. 6 par. 1 of the Act of 21 August 1997 on Limitation of Conducting Business Activity by Persons Performing Public Functions in relation to art. 24f par. 2 u.s.g. is problematic. Problems also arise from the issue of being members of the management or control and audit authorities as well as proxies of commercial companies with the participation of legal persons of any local government units or entrepreneurs in which such persons participate, by persons indicated in art. 24f par. 2 u.s.g. Indicated specific issues was devoted to this study.

Keywords: communal legal person; incompatibilitas; commune; anti-corruption laws
DOI: 10.33226/0032-6186.2019.11.2
JEL: K31 (artykuł w języku angielskim)

In the Polish legal system there are definitely strong correlations between the legal notions of an entrepreneur and an employer, though they rarely occur jointly in specific normative solutions. Unfortunately, the far-reaching imprecision of specific regulations often raises serious doubts of an interpretive nature. It is fundamental to answer the question whether it is currently acceptable to recognize individual employing employees for a purpose other than in connection with conducted business as an employer. In-depth analysis is also required to distinguish between the notions of an entrepreneur-employer and an enterprise. The article also describes the concept of an internal employer, as well as the issue of the scope of differentiation of labour law provisions due to the characteristics of an entrepreneur-employer.

Keywords: entrepreneur; employer; Poland; enterprise