This pandemic will not reverse globalisation, but it will threaten the transnational rule of law
It is a common concern among commentators on international relations that the COVID-19 pandemic will lead to deglobalisation. Indeed, the havoc wrought by the pandemic in the global economy raises some unsettling questions about the fragility of global supply chains, especially in critical industries, and about the interdependency of national economies. It is nudging sentiment towards reshoring, promoting domestic production and protectionism.
EU constitutional order forged before our very eyes
On 5 May 2020 the German Federal Constitutional Court (Bundesverfassungsgericht or BVerfG) issued a much-noted ruling in a case involving the Public Sector Asset Purchase Programme of the European Central Bank. The judgment has caused a great stir, as the BVerfG expressly refused to comply with a ruling by the Court of Justice of the European Union. It was the first such instance in history, but its significance is the opposite of what is attributed to it by opponents of European integration.
Getting ready for dawn raids
It is September 2020—hopefully a post-pandemic world. Your company has successfully weathered the storms of crisis, and social and economic life is slowly recovering its previous pace. Most people work at the office again, and you are on your way there. Before arriving at 9 am, you usually stop by the corner coffee place to have a morning espresso and browse the daily news. But at 8:15 am you get a call from the office. It is the receptionist, saying that the company has been approached by agents requesting to inspect the company’s files and computer system. You get to the office and find a few men waiting in black suits. They present a warrant and insist on starting the inspection immediately. It is a dawn raid. And the question is whether you are prepared to handle it.
Is a warehouse operator responsible for storing counterfeits?
The CJEU held that a company that only stores goods without knowing they are counterfeits does not infringe trademarks. So can logistics operators sleep easy? Not really.
Does an insurance contract cover pandemic risks?
The COVID-19 pandemic affects the situation of companies and individuals. Many of them wonder whether they will be able to take advantage of insurance cover they have taken out. The insurance industry is wondering the same thing.
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.
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.
Protection of investments during the pandemic
The COVID-19 pandemic is paralysing the global economy, but it is not the virus itself preventing businesses from operating. States seeking to protect their citizens against danger are introducing unprecedented limitations on civil rights and freedoms, rendering operations in some sectors of the economy impossible. In other sectors, business has become more burdensome, costly or risky. This has generated a heated debate over who should bear the financial consequences of limitations imposed on businesses and the huge resulting losses.
New “fee” from media streaming giants: Support for Polish cinema or a hidden digital tax?
On 28 April 2020 a government bill including the proposed “Anti-Crisis Shield 3.0” was filed with the parliament. One of the proposals is to amend the Film Act to require providers of on-demand audiovisual media services to make quarterly payments to the Polish Film Institute equal to 1.5% of their revenue from fees for delivering content or for transmission of commercial messages, whichever figure is higher in a given payment period. The duty to pay the new “fees” would enter into force on 1 July 2020.
Personal injury during the pandemic
The state’s enforcement of epidemiological restrictions (commands and prohibitions), despite many doubts as to their constitutionality, currently constitutes lawful exercise of public authority. Nonetheless, even actions by the state with the blessing of the law may entail a risk of COVID-19 infection for doctors, nurses, police and others. Serious detriment to their health—or even death—as a result of infection may give rise to liability on the part of the State Treasury under the principle of equity.
New president and priorities of Polish competition authority
The new president of the Office of Competition and Consumer Protection plans to reinforce the regulator’s activity aimed at preventing negative market impacts. His priority will be elimination of harmful practices—not necessarily punishment. Proceedings are to be conducted faster and more efficiently. There will also be many internal changes at UOKiK.
Tenant’s right to unilaterally extend lease agreement during the coronavirus epidemic
Entry into force of the Anti-Crisis Shield, i.e. the 31 March 2020 amendments to the Anti-Crisis Act, has had a strong impact on the real estate market, especially the rental market for space at shopping centres. In addition to the widely discussed Art. 15ze, which has extinguished mutual obligations of the parties to lease agreements, the parliament has also introduced another important provision which may significantly affect the rights and obligations of not only the parties to lease agreements, but also other participants in commerce.
