The aim of the paper is to verify the thesis that throughout the 25 years of forming of the Area of Freedom, Security and Justice and migration and asylum policy, participation of non-governmental and international organizations has had its part in real strengthening of protection of fundamental rights. The methodology adopted assumes an analysis of legal norms in terms of their cohesion and completeness and an assessment of their efficiency at the level of their use by their addressees. The methodology also uses a functional analysis of the structure and activities taken up by the organizations analysed. The article analysis the activity of non-governmental and international organizations in the area of migration and asylum: analytical, advocacy and advisory activity and tangible work for the exercise of migrants’ fundamental rights. NGO actions complement projects taken up by Union and domestic institutions in their implementation of a migration policy. Thanks to the NGO activity, they concretize guarantees included in the EU Charter of Fundamental Rights. The analysis points out that the presence of these entities has a real impact on strengthening guarantees of fundamental rights of migrants in the AFSJ. In the last 25 years, the activity and presence and also visibility of NGO action in the area of migration and implementation of Union policies has grown and has been strengthened too.
The article analyses the issue of protecting social rights from the perspective of environmental protection, especially the right to a clean environment established in the practice of law. And although this right does not have normative anchorage in international law, its presence is visible in the interpretation of social rights. The decisions of the European Committee of Human Rights were discussed, which led to the conclusion that there is currently a phenomenon of human rights expansionism in the area of the link between social rights and the right to a clean environment. The methods used in the research will be characteristic of the methods used in the social sciences, and in particular in law: the functional method, the formal-dogmatic method, the comparative legal method and the descriptive method.
Currently, almost one in five adult Poles invests in cryptocurrencies. Given the already relatively large and still growing number of investors in this group, it can be expected that some of them will also be liable under the provisions on administrative enforcement proceedings. In such cases, the entity conducting the proceedings will seek to apply an enforcement measure to compel the obliged person to fulfil the administrative legal obligation this person has failed to perform. The purpose of administrative enforcement proceedings is to enforce an obligation that has not been voluntarily fulfilled. The article contains an analysis of selected issues relating to the administrative enforcement targeted at virtual currencies and the impact of harmonised legal regulation of crypto-asset markets in the European Union on administrative enforcement proceedings in Poland. This analysis has been conducted to answer the research question concerning the impact on administrative enforcement proceedings in Poland of changes to selected provisions regulating them, resulting from the adaptation of Polish regulations to the legal regulation of crypto-asset markets in the European Union. The study uses a dogmatic-legal method based on an analysis of legal provisions, taking into account the literature on the subject. The article demonstrates that the analysed provisions, which are to be added to the regulation on administrative enforcement proceedings, will contribute to expanding the list of exemptions from administrative enforcement.
Women participate in crimes. The majority of perpetrators of the most serious international crimes are men, the largest group of victims are women, children, and other persons belonging to vulnerable groups. However, in contemporary armed conflicts and situations involving mass human rights violations, these roles are often reversed. Not only are many men and boys among the victims of gender-based and sexual crimes, but it is also not uncommon for women to commit such crimes. Examples include events related to conflicts at the end of the 20th century and the beginning of the 21st century and cases pending before international criminal tribunals, as mentioned in the following text. The aim of this study is not only to highlight female perpetrators of international crimes and proceedings before international courts, but also to attempt to answer why, despite the unfortunate visibility of women's participation in crimes, proceedings before international courts are rare. The following research methods were used in this text: historical-legal, theoretical-legal, and, to a lesser extent, comparative. To summarize the problem presented, it should be stated that women are less visible because they do not hold high office, do not make key decisions, and are less likely to give orders. And given that international tribunals primarily prosecute those most responsible, women are not among them. It does not mean, however, that they do not commit crimes. Nor does it mean that they do not favor perpetrators, that they do not support and help them, that they just stand by.
The article examines the division of competences between the European Union and its Member States in the light of the judgment of the Court of Justice of the European Union (CJEU) in joined cases C 748/19 to C 754/19. The analysis focuses on two closely interrelated issues: the delegation of judges from first instance courts to higher courts by the Polish Minister of Justice and the admissibility of preliminary references submitted by national courts under Article 267 TFEU. The paper reconstructs the reasoning of both the CJEU and the Polish Government, arguing that the secondment of judges essentially belongs to the sphere of internal administrative management of the judiciary, which falls within the exclusive competence of the Member States. It is submitted that, in the case at hand, the CJEU exceeded the limits of its conferred powers by accepting a hypothetical preliminary reference and by intervening in the internal organisation of the Polish judiciary without a clear cross border element. The article formulates critical remarks regarding the systemic coherence of the judgment with the Court’s previous case law and proposes de lege ferenda changes to Polish criminal procedure on the submission of preliminary references in order to enhance legal certainty while remaining in line with EU standards of the rule of law.
Actions to reduce CO₂ emissions are one of the main priorities of the European Union’s climate policy. The paper presents a CGE-based analysis of the effects of introducing a CO₂ tax in Poland. Two scenarios are considered: in the first, the tax applies only to sectors with the highest emission intensity, while in the second it is extended to all sectors of the economy. The results indicate that industrial sectors based on fossil fuels - electricity, gas and heat production and supply (Section D) and transport (Section H) - are in the most adverse position, whereas low-emission industries have the potential to expand their output. Overall, the introduction of a CO₂ tax is expected to reduce GDP by 1.63%.
The role of using anti-OSINT to promote a positive image of Internet users and fight cybercrime is becoming increasingly important in the era of digital transformation. Therefore, the purpose of this study was to analyse the specific features of using OSINT as a legal means of obtaining and using Internet user data. To fulfil this purpose, various methods were employed, namely: dialectical, comparative legal, systematisation, descriptive, and systemic analysis. The analysis found that OSINT can be quite vulnerable to disinformation, as electronic identifiers can be easily modified, which increases the risk of falsifying the personal data found. It was found that there are methods of obtaining data, such as information about the operating system, fonts, screen settings, and plug-ins, which allow for more reliable user identification. This is becoming key to improving the effectiveness of intrusion detection systems and identifying potential intruders in the network. The study emphasised the need to take steps to change the culture, including reducing the attractiveness of abuse among users. This makes such negative behaviour less attractive and less supportive. One possible measure that can be taken is to limit the ability to create multiple accounts for a single user, which can help prevent “long-term” negative effects. To ensure the ethical use of OSINT and prevent negative consequences, it is vital to develop and follow clear rules that follow privacy and data protection laws. This will help create a prominent level of trust and security in the online environment.
This paper aims to present selected findings from qualitative research carried out in 2023, which consisted of five individual interviews and one focus group interview conducted with staff of non-governmental organizations (NGOs) and institutions working with refugees from Ukraine in the Warmińsko-Mazurskie Voivodeship. These investigations were primarily concerned with the assessment of the support provided by non-governmental organizations, their strengths, as well as difficulties and limitations of the activities undertaken by NGOs to help war refugees. The results have shown that the role played by NGOs in providing assistance to refugees from Ukraine was impressive, especially considering the scale and the forms of their activities. The staff of NGOs demonstrated efficiency, flexibility and great commitment. The difficulties and limitations affecting their efforts for war refugees stemmed primarily from the absence of relevant regulations based on which they could operate; further obstacles included problematic cooperation with public administration, financial difficulties and other deficits.
G7 states are increasingly using economic sanctions in the conduct of their foreign policies. Such sanctions have serious impacts on third countries, even though they are not directly targeted. The cases of Armenia and South Africa illustrate the challenges that third countries face as they seek to balance competing geopolitical and economic imperatives. Sanctions often penalise such countries if they fail to reduce ties with sanctioned countries and entities. However, a more effective approach would rebalance this relationship through greater engagement.
This study examines the influence of digital transformation on human activity and its implications for investment decision-making during the COVID-19 pandemic. The research emphasizes the construction of an optimal investment portfolio that balances profitability and risk, with a focus on emerging trends in technology, education, and gaming. Utilizing the Efficient Frontier method, the study determines optimal portfolio weights, while the Sharpe Ratio is employed to evaluate and compare the risk-adjusted returns of these portfolios. The findings reveal that portfolios aligned with technological, educational, and gaming trends achieve a superior balance between profitability and risk. The Sharpe Ratio results further demonstrate that such portfolios yield enhanced risk-adjusted returns, highlighting the growing impact of digital trends on investment strategies. This research contributes to the academic discourse by elucidating the relationship between digital transformation and investment portfolio performance. It offers a novel perspective by linking human needs and the dynamics of modern digitalization with financial strategies, providing valuable insights for investors navigating the post-pandemic economic landscape.
The experience of the COVID-19 pandemic shows that the virus had a huge transformative impact on many sectors of life, causing a great deal of challenge and suffering. Schools were particularly affected during this period, experiencing an immediate transformation. In addition, the closure of borders between countries not only restricted transport and tourism but also affected the daily life of the populations living in the Euroregions. Cross-border mobility and cooperation, natural to these areas, has been significantly reduced. At the same time, the incalculable impact of the pandemic required a search for solutions that allowed customs, relationships and activities to be maintained and sometimes even transformed. The main purpose of this article is to analyze Polish-German educational projects realised in the Pomerania Euroregion the COVID-19 pandemic. The study analyses 48 educational projects out of a total of 184 that were implemented as part of the Small Project Fund INTERREG VA COVID-19 Special Selection. In order to prepare the text, the resources were collected, analyzed and described. As a result, the interpretation of facts being the objects of research have been done. Moreover, the reading literature and searching the studies were undertaken. The analysis of the resources were conducted in a qualitative way. The article raises important insights into overcoming difficulties across borders in implementing cross-border educational projects in times of pandemic, demonstrates model activities in the field of distance education, and exposes innovative educational activities shaping new possibilities for building neighbourly relations in the borderland of two countries.
The article analyzes and assesses the American perspective on the ambitions of the Polish Law and Justice authorities to become the leader of Central and Eastern Europe in the context of the war in Ukraine. The research question is whether Poland is perceived by the American authorities as the leader of Central and Eastern Europe and to what extent the war in Ukraine has an impact on this? The hypothesis assumes that Poland's decisive actions in response to the war in Ukraine had a significant positive impact on the American perception of Poland's potential leadership role in the region. Regional integration projects co-initiated by Poland in recent years also had a positive impact. Whether Poland will deepen the image of the CEE leader will depend to a large extent on the outcome of the war in Ukraine and the ability of the Polish authorities to capitalize on the role that Poland played during the war. In order to find an answer to the research question, interviews were conducted with scientists and experts from research institutes in Washington D. C. and New York. During the research, experts and scientists from research institutions in Washington D. C. and New York were interviewed. Selected documents and political statements were also examined using the method of content analysis of text sources.
The various initiatives adopted (also, following the death of Sergei Magnitsky) in the United States and in the European Union to counter corruption and human rights violations through sanctions, were seen by some as a critical advancement in international efforts to combat such kind of abuses through, amongst others, individual designations and other targeted sanctions. But, has this ever been the case? After an overview of the main thematic sanctions programs related to human rights violations and corruption, the paper will attempt to examine the effectiveness of such initiatives. Particular attention will be devoted to enforcement, to better understand whether anti-corruption sanctions were recently 'neglected' due to, amongst others, an increased focus on other trade restrictions against Russia, or they actually were never enforced quite vigorously. The paper will also consider the challenges encountered so far in the implementation of such measures, including circumvention by designated individuals, often facilitated by professional enablers, which contributes to undermine their efficacy. Finally, the paper will conclude with policy recommendations, including enhancing international cooperation, fostering national sanctions enforcement, implementing new strategies for tackling sanctions circumvention and strengthening laws related to asset transparency and beneficial ownership, in order to improve the effectiveness of such sanctions regimes.
This article examines the evolving legal and institutional framework for implementing and enforcing EU sanctions against Russia in the Netherlands. It highlights key developments, including the Dutch courts’ expanding interpretation of sanctions law, the landmark Dieseko settlement involving the Crimean Bridge, and reforms to the 1977 Sanctions Act. Drawing on recent case law, interviews with legal practitioners, and analysis of enforcement mechanisms, the paper shows how Dutch authorities are balancing regulatory compliance, due process, and financial sector duties. It also addresses institutional fragmentation and the government’s proposal to establish a Central Reporting Office. Through case studies, including trade-based sanctions evasion, real estate linked to sanctioned individuals, forced buyouts of sanctioned minority shareholders, and banking sector disputes; the paper argues that Dutch courts are shaping a nuanced national model of sanctions enforcement. This model emphasizes low thresholds for criminal intent, transparency, and proportionality. The Cicerone case illustrates how courts adapt sanctions enforcement under geopolitical uncertainty, combining EU sanctions law with Ukrainian anti-corruption efforts. It reflects a willingness to diverge from EU guidance to protect public interest and legal clarity. Meanwhile, the ABN AMRO case demonstrates a dual expectation of financial institutions: rigorous sanctions compliance and fair treatment of clients. Here, the duty of care doctrine counters excessive risk aversion. Together, this paper offers critical insights for regulators, compliance professionals, and scholars into how EU sanctions are interpreted and enforced at the national level under complex, high-risk conditions. It not only analyzes key court cases, but also contextualizes them within broader legal reforms, institutional dynamics, and evolving enforcement strategies in the Netherlands.
This paper examines the evolving terminology used in international and European Union law concerning the criminalization of child sexual abuse material (CSAM). The analysis focuses on both binding legal instruments and soft law documents, tracing conceptual and definitional developments that have occurred over the past two decades. The study addresses two core research questions: (1) how do international and European legal frameworks define and conceptualize CSAM, and what definitional variations exist? (2) what terminological trends and shifts can be identified in recent international and European legal discourse, and what role have soft law instruments played in driving terminological evolution in relation to binding legal instruments? By comparing the approaches reflected in key binding and non-binding instruments, such as the Lanzarote Convention, EU Directive 2011/93/EU, the UNCC, and recent policy documents adopted by international organizations, the article highlights the gradual shift toward more precise and victim-centered terminology. The findings reveal a gradual move toward more precise, harm-based, and victim-centered terminology, reflecting broader normative and policy developments in the field of child protection, driven primarily by the soft law instruments.
This paper examines the structural and operational challenges financial institutions face in developing effective sanctions compliance frameworks within the European Union, particularly in comparison to the more mature Anti-Money Laundering and Countering the Financing of Terrorism (AML/CFT) regimes. Drawing on recent work at a medium-sized EU-based bank, the research reflects on how sanctions exposure can be systematically incorporated into institutional risk assessments and compliance practices. A case study of institutional responses to the sudden extraterritorial designation of several EU entities and individuals by U.S. authorities highlights the vulnerabilities smaller institutions face when confronted with conflicting legal regimes, in the absence of harmonised sanctions compliance standards. The analysis shows that, although Directive (EU) 2024/1640 expands the visibility of sanctions within the AML compliance architecture, it leaves significant operational uncertainties unresolved, particularly regarding implementation and supervisory oversight. The paper concludes by outlining key areas for capacity-building, including improved risk identification, targeted due diligence instruments, contractual safeguards, contingency planning, and organisational awareness, in order to strengthen sanctions compliance even in the face of fragmented regulatory frameworks.
This article examines the phenomenon of overcompliance with European Union (EU) sanctions, particularly in the context of measures imposed in response to Russia’s war against Ukraine. Overcompliance occurs when companies and individuals exceed the legal requirements of sanctions, often due to regulatory uncertainty, broad and ambiguous legal provisions, overlapping responsibilities, ethical considerations, and external pressures such as public opinion. The article situates EU sanctions within both foreign policy and domestic regulatory frameworks, highlighting the dual expectation placed on EU companies: to further geopolitical objectives while independently interpreting and implementing complex regulations in daily operations. The lack of precise, binding guidance from EU authorities compels companies to calibrate their own compliance measures, leading to a cautious approach that can blur the line between compliance and overcompliance. The article argues that overcompliance is not merely an anomaly but also an inherent feature of the EU sanctions regime, reinforced by the “obligation of result” approach. To navigate this landscape, companies are encouraged to take proactive ownership of their compliance processes – assessing, documenting, and communicating their roles and responsibilities, and engaging with other stakeholders to clarify expectations. Ultimately, effective sanctions implementation depends on informed, calibrated, and collaborative compliance strategies that balance the risks of both overcompliance and non-compliance, with the overarching aim of securing the sought-after middle ground.
In Poland proper soil classification is essential in connection with the disclosure of this type of data in the land and building register. In particular, agricultural tax rates, annual fees for excluding land from agricultural production, and the correctness of allocating agricultural land for non-agricultural purposes depend on the reliability of registration data. Therefore, the aim of this study is an attempt to analyse and evaluate the procedure for carrying out soil classification specified in the provisions of generally applicable law and to draw de lege ferenda conclusions. Moreover, the relevant EU and selected member states regulations were analysed. The biggest disadvantage of the soil classification procedure is the lack of statutory regulation to determine the qualification requirements for persons applying for the right to perform this classification. A soil classifier may be any person authorized by the district governor, which may result in the risk of incorrectly carrying out classification activities in the field and determining the types of land use and their valuation classes. De lege ferenda, it is necessary to postulate an amendment to the Geodetic and Cartographic Law by specifying appropriately high qualification requirements for persons applying for authorization to carry out soil classification. There is no uniform and harmonized procedure for soil classification in the EU. Each member state applies its own rules and procedures, which are adapted to specific local conditions. There is thus a need to harmonise the procedures and methods for soil classification in order to provide a coherent EU-level framework for a sustainable use of soils.
The concept of “adequate” data protection model in third country or organisation plays vital role in General Data Protection Regulation, but more importantly – in business and relations between European Union and other international actors. Understanding what “adequate” means is crucial for ensuring the security of personal data transferred outside EU. However, the European Union has not provided clear guidance on this matter, which may have negative consequences for businesses, individuals, and the EU as a whole. This paper examines the meaning of 'adequate' by analyzing the work of EU institutions through a deep-dive investigation, as well as comparative and conceptual legal research. The outcome of the research allow researchers and professionals to deeply understand adequacy requirements under General Data Protection Regulation and is viable source for further research in the area but also – in the practice of ensuring GDPR compliance by both private and public organisations.
The rule of law principle is mentioned in article 2 of Treaty of European Union. This provision states, that it is one of fundamental principles of European Union. The text below is an attempt to answer the question of way of interpretation of this principle and its definition on the ground of judicial decisions of the Court of Justice of the European Union. Judgment of 27 February 2018 in case C‑64/16 Associação Sindical dos Juízes Portugueses v. Tribunal de Contas is starting point for broader reflection on principle of the rule of law in verdicts of the Court of Justice of the European Union.
