varia | In Principle

The legal chaos into which the Polish judicial system has been plunged generates huge practical problems and threats to the security of legal rulings. It casts into doubt the legality of hundreds of judicial appointments and the validity of thousands and thousands of rulings on which commercial and social life are based. One way to contain these threats could be the principle functioning in common-law countries known as the “de facto doctrine,” which under certain conditions allows the acts of judges and officers who were unlawfully appointed to be deemed nonetheless valid. Outside the common law, this doctrine could also be inferred from the constitutional principle of the rule of law as well as the fundamental principles of EU law.

It would be tempting to say that we are publishing this Yearbook in an entirely different world than the previous edition. But the question is whether the world has actually changed, or we simply find ourselves living in different circumstances.

Two of the world’s greatest powerhouses, the European Union and China, are linked by an enduring relationship with close trade and economic ties. Both are committed to a comprehensive strategic partnership, and both share commitments and interests in global sustainable development.

There aren’t just satellites orbiting the earth—there’s also space debris. And some countries claim rights to natural resources found on other celestial bodies, and permit the sale of plots on the moon. Some sort of legal rules must apply in outer space, so it is clear who is allowed to do what in the universe.

One of the effects of the fourth industrial revolution is the uberisation of the economy – a shift from the classical economy in which businesses internally control and organize assets and activities to perform their functions, to the platform model where digital tools make it possible to coordinate independent individuals and external resources towards the same activity.

The Litigation Academy is a series of workshops designed for students in their last years of legal education and recent graduates now training for the profession. During the workshops experienced litigators will share with participants knowledge and skills in working with the client, the court, and teams of specialists from various fields and jurisdictions.

China-based businesses have specific objectives and are working hard to achieve a presence on the global markets. The world does not have a plan for dealing with Chinese commercial expansion – commentary on the Inter-Pacific Bar Association conference.

A new item has been added to the extensive catalogue of the firm’s publications. In our Outlook on law and business in Poland we discuss trends in changes in the law, such as increased regulatory pressure and increased penalisation of commerce. These are illuminated by concrete examples from practice and conclusions concerning the consequences of these phenomena that can be expected to occur or are already happening.

According to the World Bank’s latest report, Doing Business 2017, Poland has once again advanced and now holds 24th place among 190 countries ranked in terms of how easy it is to do business there. And in EY’s European Attractiveness Survey 2016 Poland was recognised as the 5th most attractive FDI destination in Europe (1st in CEE). Poland’s main strengths are stable economic growth, a large consumer market, numerous tax incentives, and its location at the crossroads of major continental trade routes.

Spring is in the air, and “In Principle” is changing its layout. We opted for clarity, showcasing the legal content that is the portal’s strong suit.

There has been a lot of talk recently about launching of the EU’s procedure for monitoring compliance with the rule of law in Poland, but not much about what exactly the procedure is.

In recent years, EU law has been generally the route through which Western models and ideas have been introduced into Polish law. Europe has decidedly much more to offer us, but with regard to certain legal institutions, we have to reach out for them by ourselves. One of them, which is ever more boldly knocking on our door, is a concept of trust. Will it be greeted in Poland with joy?