Pobierz plik (18-2013 Kowalczyk.pdf)18-2013 Kowalczyk.pdf372 kB

The Limitations on National
Administrative Law by Bilateral Investment
Treaties – Example of Environmental Law

The following article focuses on the relation between bilateral investment treaties
and national administrative law. Bilateral investment treaties play an important
role as they offer foreign investors the possibility to invest easily and safely
in a given country. Nonetheless, some of the basic regulations within a given BIT
may have a deteriorating effect on the application of national administrative law
to foreign investors. This article presents some of the typical regulations which
can be found in a bilateral investment treaty accompanied by an analysis of how
each one of these regulations can limit the role of national administrative law
towards foreign investors. This theoretical analysis is followed by an example of
the impact BITs have on national regulations of environmental law. The presented
approach addresses the issue of how the role of administrative law is diminishing
towards foreign investments and what practical risks are possible in the area of
environmental protection.

Pobierz plik (18-2013 Stolarek.pdf)18-2013 Stolarek.pdf317 kB

When the Viking Turns into a Banker:
The Changes in Icelandic Banking Law
Following the Crisis in 2008

In 2008, the financial crisis broke out in Iceland and caused, after years of uncontrolled
expansion, the collapse of its three biggest banks. The Icelandic state
was forced to make a drastic intervention in their banking law in order to save the
national economy. The Althing passed Act No. 125/2008, the so called Emergency
Act, which enabled the state to take control over collapsed financial institutions.
Domestic assets and obligations were transferred to the newly established
state-owned banks whilst foreign liabilities stayed with old banks. This caused
a long legal and diplomatic dispute between Iceland and the creditors of banks.
Over time, when the economic situation stabilized, some of the harshest regulations
of the Emergency Act were replaced by amendments made in November and
April. Furthermore, the act on the Special Investigation Commission, the act on
the Special Prosecutor Office and post-crisis attempts to change the Icelandic
constitution are briefly described. Eventually, the severe legal measures taken
by Iceland proved successful, although the crisis shows that law and reality still
occasionally go their separate ways.

The Dispute on the Shape of the European
Public Prosecutor’s Office

The article presents the main features of a draft regulation on the establishment
of a European Public Prosecutor’s Office (EPPO). In this review, the authors
analyze the aforementioned project of the European Commission, taking into
account the special circumstances of the so-called procedure of yellow card, as it
raises a question about the future direction of the legislation process. The authors
analyze the legal character of the institution, and its relations with national legal
orders and other EU bodies eg. Eurojust. Moreover, the authors try to show the
legal and political context of the draft regulation, asking the questions about
possible problems and doubts they see in the project.

Pobierz plik (18-2013 Hofmański.pdf)18-2013 Hofmański.pdf531 kB

The Substantial Reform of the Polish
Code of Criminal Procedure. Structural
The reform of the Polish Code of Criminal Procedure from September 27, 2013, is
one of the most fundamental acts in the history of Polish Criminal Procedure. It
is, however, not only a big step forward, but rather a beginning of a new era of
the process of adversarial judicial procedure. Thus, it will require some changes
in the future and it will be a matter of time before it is clear which direction the
changes will take. In this article, the author describes the drafts of the reform
and points out the main tendencies that arose during the legislation process. It
gives a detailed analysis of upcoming changes in criminal procedure and shares
some doubts over certain aspects of the reform.