EU and national law: relevant interactions
Panel formed with individual proposals.
In a little more than a decade, the set of public financial rules has reached a significant extension, fueled by the directly proportional relationship between the extent of the financial crises and the interventions of the EU and national regulatory powers. The 2008 global crisis and the crisis related to the Covid-19 pandemic have had relevant impacts on the size of public spending and debt and have triggered the production of financial rules, mainly defined in Europe by the EU. These rules affect the administrative functions and the role of the public administrations. The main objective of the paper is to analyze how the growing increase of public finance law affects the configuration of the administrative systems, by shaping their characteristics on the basis of technical needs. The ultimate goal is to understand whether such a “modeling ability“ has resulted in a capacity of improving the administrative system or, on the contrary, has produced negative effects.
GDPR and parliaments is a topic raising legal complexities and sensitive political issues which involve the scope and the application of the EU Regulation, and concurrently enable a comparative insight of national implementations within different constitutional contexts. Despite a broad view that there is an area of core parliamentary activity falling outside the scope of Union Law (and therefore outside the scope of GDPR), the boundary of this area is difficult to outline - as a consequence of that, the relationship between national supervisory authorities and parliaments is still unclear. A relevant example concerns the “right to be forgotten“ applied to parliamentary records, given that the whole digitalisation of these records and their broad accessibility on the web have raised the issue of the reputational damage eventually occurring to individuals mentioned in these records, who may wish to have their data “erased“ from parliamentary reports and proceedings.
The aim of the paper is to consider the role of public law provisions in IP law and their influence on more effective protection of the rightholders. In the first part, public law elements of IP law will be pointed out, with emphasis on the role of administrative procedures involving public offices which grant protection for, i.a. patents or trademarks. Then, the attention will be focused on the enforcement of intellectual property rights in criminal proceedings. The analysis will be based mainly on the EU law and a point of reference will be the provisions adopted in Polish law, in particular in relation to the Patent Office of the Republic of Poland. Furthermore, the growing role of public law regulations adopted by the EU will be emphasized, an example of which can be Regulation No. 608/2013. Finally, it will be pointed out that public law constitutes an inseparable complement to the regulation of IP law, which gives a chance for better and more effective protection of rights.
The tax law is considered one of the most representative divisions of the national law, in consideration of the specificity of the governments and of the national legislative actors right to adopt the legal framework for fiscal liability. The sovereignty in ruling taxation is a valuable dimension of the state power, preserved even in the successful cooperation projects as European Union. The perfect integrated market indirectly implies common tax systems and coordinated monetary and fiscal policies, leading to the justification of coordinating the fiscal policy and regulation. The international taxation globally has reached a point where unilateral regulation is not efficient anymore and the need for cooperation is present globally, not only in regional partnerships and cooperation mechanisms. The paper aims at presenting the influence of the fiscal harmonization on the international law, showing the current changes in the methods of fiscal cooperation among states.