Anna Olejniczak-Michalska | In Principle

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Anna Olejniczak-Michalska

Recast regulation on export control of dual-use items: What will change?
The Recast Dual-Use Regulation entered into force on 9 September 2021, replacing the regulation from 2009, governing controls of items with both civil and military purposes. What key changes does the new regulation introduce?
Recast regulation on export control of dual-use items: What will change?
Export of dual-use goods—what you should keep in mind
Compliance with export control regulations poses a growing challenge for participants in international trade in goods and providers of cross-border services. The size of the enterprise is irrelevant. Multinational corporations are subject to the same restrictions and consequences for infringement as small businesses or individuals. Every participant in trade must determine whether a planned export of goods, technologies or services requires a permit or completion of other formalities to avoid exposure to financial losses or criminal liability.
Export of dual-use goods—what you should keep in mind
Export control of automated and autonomous vehicle technologies
Autonomous vehicles will be an essential part of the mobility of the future. Cars can already relieve the driver in many situations, and the R&D sector for autonomous vehicles is booming. Companies are investing in sensor and machine-learning technology, creating pilot programmes to test self-driving vehicles at levels 4 and 5 of automation. But the export of some of these technologies may be restricted due to potential military applications.
Export control of automated and autonomous vehicle technologies
Inheritance of data
A natural extension of the consideration of the legal status of data is the question of whether data can be inherited. This is no longer just a theoretical issue. Data are increasingly valuable, making it vital to answer the question of whether data constitute an asset of the decedent’s estate that can be taken over by the heirs.
Inheritance of data
The EU global sanctions regime: How human rights affect supply chains
On 7 December 2020, the Council of the European Union adopted a decision and a regulation establishing a global sanctions regime for human rights violations. On this basis, the EU will be able to impose sanctions on persons, entities and bodies involved in or responsible for serious human rights violations and abuses worldwide—no matter where in the world such actions take place. As soon as possible, EU undertakings active on the global market should adapt their internal compliance systems and reflect human rights issues in designing their supply chains.
The EU global sanctions regime: How human rights affect supply chains
Habitual residence in the context of an application for return of a child abroad
Every case brought under the Hague Convention on the Civil Aspects of International Child Abduction requires establishment of the child’s habitual residence. Therefore, the concept of habitual residence is central to the operation of the convention itself. Nevertheless, this term is not defined in the convention, nor in the Brussels II bis Regulation applicable to relations between EU member states.
Habitual residence in the context of an application for return of a child abroad
Brexit and restrictions on trading in dual-use items
The UK ceased to be a member state of the EU on 31 January 2020, and EU law will cease to apply to the UK when the transition period expires on 31 December 2020. This means that from 1 January 2021, the Dual-Use Regulation will not apply to the UK.
Brexit and restrictions on trading in dual-use items
Brexit and family law
On 31 January 2020, the UK ceased to be a member state of the EU, and since then has not participated in EU decision-making processes or the work of EU institutions. The transition period provided for in the Brexit withdrawal agreement ends on 31 December 2020. Until then, all EU rules (with some exceptions not related to family law) still apply to the UK, as they do to EU member states. But how will divorce, maintenance, child and parental authority issues look from the start of 2021?
Brexit and family law
Applicable law for marital property: How to make a choice of law, and what if no choice is made?
What law governs the marital property of a Polish wife and British husband who were married in the UK and then moved to Poland? What law governs the marital property of a Polish/French couple residing in Spain but holding real estate in Poland and France? Will a choice of law by a Polish/Swedish married couple to govern their marital property be recognised by an English court? These and other questions are answered by conflict-of-law regulations, knowledge of which is the point of departure for analysis of property relations between spouses.
Applicable law for marital property: How to make a choice of law, and what if no choice is made?
Civil aspects of child abduction: A few thoughts on the 1980 Hague Convention
It is said that familiarity breeds contempt. This old English proverb seems to be confirmed in China, where there has been an unprecedented increase in the number of divorce petitions following the opening of courts after several weeks of quarantine. While at the moment it is difficult to speak of a similar trend in Europe, the number of divorces is steadily increasing, and family law regulations are hardly keeping up with the needs of parents and children on the move. Some parents go abroad with their children, deliberately trying to bypass laws of a given jurisdiction. Others simply return with a child to their country of origin, unaware of the legal consequences of their actions. This situation, called parental abduction, constitutes a global and growing problem.
Civil aspects of child abduction: A few thoughts on the 1980 Hague Convention
Waiver of succession by a minor living abroad
A minor may become an heir either by will or by law. Often the appointment to an inheritance results from earlier waiver by the parents (due to debts of the estate or a desire to pass on the inheritance to further heirs). However, a seemingly simple succession becomes complicated if a minor heir does not live in Poland.
Waiver of succession by a minor living abroad
Will the right to privacy be an indirect victim of COVID-19?
The law is one of the main instruments of social impact, which is particularly evident in the midst of a global health crisis, when the situation and applicable regulations are changing every day. New statutes and regulations are key to maintaining the delicate balance between order and chaos, public and private interests, and the common good and individual rights.
Will the right to privacy be an indirect victim of COVID-19?