Search results

Filters

  • Journals
  • Date

Search results

Number of results: 12
items per page: 25 50 75
Sort by:

Abstract

Komisja Europejska opublikowała w 2009 r. zieloną księgę pt. Reforma wspólnej polityki rybołówstwa. W dokumencie tym znajdują się odniesienia do obecnej i przyszłej legislacji unijnej oraz legislacji krajowych. Zachęca to do głębszego spojrzenia w europejską i w polską legislację w tej dziedzinie. Niniejszy artykuł ukazuje pewne aspekty tego procesu z odpowiednim ukierunkowaniem na wnioski de lege ferenda.
Go to article

Abstract

‘Harbourmaster’ is a legal term, albeit without a proper legal definition. Sub-statute regulations refer to it as person in charge of ‘harbourmaster’s office’ (whichitself is a component of maritime office), and who is instrumental in the head of the maritime office’s exercise of authority in ports. However, statute-level laws give harbourmasters duties and powers which the head of the maritime office does not have. The author discusses the issue and formulates conclusions of academic nature and de lege ferenda.
Go to article

Abstract

Although legal matters surrounding maritime administration system have been subject of extensive studies for nearly half a century, recent 90th anniversary of its foundation sparked some renewed interest in the matter. In 2010 agroup of authors, all being maritime administration practitioners, produced acollection of scientific studies on the subject. The present article adds to the discussion and formulates conclusions de lege lataand de lege ferenda.
Go to article

Abstract

A dearth of properly formulated legal definitions undermines the clarity of the law, but so do other legislative practices. Such is the case with maritime legislation too. Most evident in the understanding and definition of vessel and ship owner, this lack of clear formulation is the subject o f the article.
Go to article

Abstract

The normalization of marine pilotage within the maritime code, the statute of maritime safety, and the executive regulations of these statutes is controversial in many aspects regarding their technical and substantive correctness. This is especially apparent in light of the fact that the service is not provided by the state (maritime administration) but by private operators who are taking advantage of their constitutional rights to conduct business. Furthermore, the service is realized by pilots who enjoy these same rights as well as the freedom to work. This article includes a critical analysis of these regulations regarding state control of pilotage and provides material for analyses to formulate proper conclusions both de lege lata and de lege freneda. Over fifty propositions for urgent revisions of the maritime code, including the pilotage issue, have been published in the relevant literature. These regulations appear to be the weakest section of the code. However, the author analyzes only article 229. Combined with article 36 of the statute of maritime safety and executive acts for these rules, this article presents a very poor picture of the legislation in this field.
Go to article

Abstract

To date, only once has the Constitutional Tribunal handed down a verdict concerning the unconstitutionality of a certain maritime legal regulation. This, of course, does not mean that the other legal regulations are constitutional. This paper presents arguments that support this thesis. Primarily, the author analyzes regulations on fisheries of 2004 and those pertaining to the Polish marine areas and the maritime administration from 1991. According to the author, mainly legal regulations regarding financial penalties are constitutionally suspect.
Go to article

Abstract

The modifiers in the title o f this paper - “community”, “union” and “European” - are in general use with regard to the same legal phenomena. This general terminological distinction has a negative effect on the terminology of the academic study o f maritime law, and there is no reason why this should be so. The most appropriate term would be “European maritime law”. The article presents arguments in favor of the use of this term.
Go to article

Abstract

Under former maritime legislation, breaching the regulations established by this legislation was considered a crime or a misdemeanor. The punishment for the latter was usually a money fine. From 1991, this kind of action was punishable by so-called financial penalties, imposed by administrative decision (in administrative procedure) by the local organs of the maritime administration. The present normalization of this material raises a host o f objections. This article discusses this process o f normalization, and casts doubt upon its legality and constitutionality.
Go to article

Abstract

In the year 2004, no more than two years after the 2001 Maritime Code had entered into force, amendments have been made to the law on general average. The article criticizes the amendments as to their correctness and purpose. The author questions inter alia references to the dispatchers’ ethical rules of conduct as the profession itself is in decline.
Go to article

Abstract

The year 2009 brought significant change in public maritime law. The author discusses amendments made to Act on Marine Zones o f the Republic of Poland and Marine Administration (1991) and to Fisheries Act (2004) and a new judgment by Constitutional Tribunal The overview includes remarks de lege ferenda.
Go to article

Abstract

The article discusses and evaluates current regulations and financing of fishing fleet management and adjustment to available marine bioresources. The implementation of Common Fisheries Policy requires adequate financing and the European Fisheries Fund plays a crucial role in it. The Fund manages financial resources allocated for public aid distributed in connection with permanent cessation of fishing due to decommissioning of fishing vessels through complete scrapping. The practice is designed for balancing the strength of fishing fleets against available bioresources. This expenditure is required to conform with the EU financial guidelines and thus falls under scrutiny of the Commission and the European Court of Auditors. The ECA presents annual and special reports to the European Parliament and to the Council on this matter and provides recommendations to the Commission. The Commission responds accordingly.
Go to article

Abstract

The European Commission Green Paper, among other documents, describes the ongoing integration of the EU maritime policy with respect to financing and finance management. Both the Programme to support the further development of an Integrated Maritime Policy and the European Fisheries Fund are to remain operative until at least the end of 2013. The Commission, however, has proposed to merge those instruments into European Maritime and Fisheries Fund. The article provides description of the integration process and allows for an assessment of its progress.
Go to article

This page uses 'cookies'. Learn more