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New automotive emissions reduction targets: Which vehicles will they cover?
The ambitious climate targets adopted by the European Union at the 21st United Nations Climate Change Conference in 2015 (the Paris Agreement) require decisive action across many sectors of the economy. The automotive industry will not be spared, and will soon be subject to a series of new regulations.
Extension of the relief sought on appeal should be more available
For years, the rules limiting the extension of a claim on appeal have been a challenge for counsel determining their litigation strategy when seeking damages in tort cases. Over many years of court proceedings, the value of the claims may change as prices rise. But the Polish courts require the amount of the claims to be frozen as of the time of entering the judgment in the first instance, even though there is a long way before the end of the court dispute.
Freeriding isn’t allowed in an alliance, but neither is bullying and humiliating your allies
Donald Trump has caused uproar in Europe by his comments that the US under his lead would not come to the rescue of NATO states that are not contributing enough financially to NATO’s defence capacity. This is not the first time he has said such things, and he made similar suggestions when he was the sitting president. This time he added some unhinged and provocative comments about how he would actually encourage Russia to do “whatever the hell it wants” with non-paying NATO member states. But leaving aside this appalling style and all antipathies, let’s consider if he has a point in law.
Is this the end of the revitalisation pre-emptive right in Warsaw?
There are many indications that as of 16 March 2024, the City of Warsaw will no longer be vested with a pre-emptive right to purchase real estate in the degraded area and revitalisation area of the city designated by Resolution LX/1967/2022 of 17 February 2022.
How to determine land development conditions
The amendment to the Spatial Planning and Development Act will change a lot when it comes to determining land development conditions in Poland. Therefore, especially in areas where no local zoning plan exists, investors planning a construction project should apply for a land development decision as soon as possible.
The urban register and instruments of public participation
The recent overhaul of the Planning and Spatial Development Act tidied up and streamlined the planning procedure. In addition to revolutionary changes, such as replacement of the zoning study with the master plan and commune development strategy, as well as introduction of integrated development plans as a special type of local zoning plan prepared at the initiative of private investors, a nationwide urban planning register was introduced, and the catalogue of tools for public participation in land use and development issues was expanded.
Integrated development plan
The July 2023 amendment to Poland’s Spatial Planning and Development Act introduced a special form of local zoning plan—the integrated development plan. It grants communes and investors more freedom to locate development projects, regardless of the findings of the existing local zoning plan. Ultimately, integrated development plans will replace the resolutions on siting of housing developments issued under the housing special act (such resolutions can be issued until the end of 2025). But an integrated development plan can be enacted for any type of project, not just residential projects.
Our unwritten constitution
A fundamental problem in any democracy is how to prevent the tyranny of the majority—when a political force gains enough public support and power to enable it to trample on the fundamental rights of its opponents (and ultimately its own supporters).
Tales from the National Appeal Chamber: Invalidation of defective procurement procedures
Contrary to popular belief, contracting authorities do not have unlimited possibilities to invalidate procedures for award of public contracts. Once a procedure is launched, they can invalidate it only in selected situations. And if a contractor challenges the grounds for invalidation of the procedure by the contracting authority, the contracting authority will have to demonstrate the existence of such grounds and defend its position before the National Appeal Chamber.
The gig economy: Digital platform workers vs. personal data
In recent years, the gig economy, based on a model of flexible employment using online platforms, has grown rapidly. In the EU, it is estimated that 43 million people will be employed through such platforms in 2025. A heated discussion is underway regarding the new regulations in this sector, in particular regarding the employment model for such workers, but also about making automated decisions regarding them using various types of algorithms. What should the organisers of job platforms keep in mind in light of the GDPR? We discuss this using the example of decisions on food delivery platforms issued by the Italian Data Protection Authority.