European Legal Systems Research Articles

Scrutiny: European Economic Governance and National Financial Planning: The Italian Case

The aim of the paper is to answer three well-defined questions: (1) Is the planned policy in Italy the general economic policy or is the economic policy intense in a restrictive sense and coinciding only with financial policy? (2) Is the administrative activity of economic and financial planning effective? (3) Who is today the holder of the programming function in substantive terms: the national or the European legal system? Considering the analysis conducted in this paper, the Author reaches the following conclusion: the highly substantive binding nature of European policy acts and the profound embryonic relationship between the European function of policy and coordination and the national function of implementing policy acts make the ownership of the economic and financial planning function intimately shared between the two legal systems.

The history of the development of the ideas of the legal and social state and the practice of their implementation in foreign countries

The object of the study is public relations related to the formation and implementation of ideas of legal and social statehood. The subject of the research is the relations in the field of formation of the concepts of the legal and social state in the political and legal thought of the countries of Europe, America and Asia. The authors explore the issues of legislative consolidation of the principles of the legal and social state abroad. Special attention is paid to the specifics of the implementation of these concepts in various legal families. The problematic issues of the implementation of the principles of the rule of law are investigated. Attention is paid to the economic basis of the state as a necessary condition and prerequisite for the formation of a social state. The subject of the study is the influence of ideology on the practice of implementing social policy of the state. The interrelation of the legal and social state is substantiated. The research methodology is determined by the object and subject of the study. The key methods used are comparative methods: comparative legal, comparative historical; logical methods of cognition: analysis, synthesis, induction and deduction; as well as the formal legal method, which was used to analyze normative legal acts. The conducted research of the ideas of legal and social statehood and the practice of their implementation in various countries has allowed us to state that despite the presence of common features and the identification of common signs of these concepts, the implementation of these progressive views in real state-building faces significant difficulties. This is due to the presence of various legal systems, dominant ideologies, the degree of economic development and the social structure of society. The authors come to the conclusion that liberal ideology hinders the implementation of the concept of a social state, since by providing maximum economic freedom, the state fairly relieves itself of many social obligations. At the same time, in the countries of socialist law, the most favorable conditions are created for the practical implementation of the concept of a social state. The novelty of the conducted research also consists in substantiating the conclusion that the principles of legal statehood are fully implemented in countries with European legal systems. While in States with religious legal systems, it is difficult to consolidate the signs of a rule of law state.

On the Doctrine of the Direct Effect of European Provisions Regarding the Requirement of Enforceability

This paper analyses the interpretation of direct effect in terms of its contribution to the development of an efficient European legal system. A precondition for efficiency is the enforceability of provisions. The concept of direct effect, interpreted on the basis of a questionably adequate understanding of the concept of monism taken over from international law, should enhance enforceability by disabling national agents to interfere or to perform the “handover” of rights from the EU level to citizens. Such understanding leads to the national practice applying direct effect in a simplified, plain, and bureaucratic way, and distancing from the substance of provisions. In the cases where, intentionally or not, direct effect/direct applicability are sometimes denied and sometimes recognised to directives and regulations, the CJEU shows how to deal with such situations occurring in the activities of the European regulatory institutions. To fulfil its purpose, national agents applying European law should deploy the underutilised but demanding “shield and sword” approach regarding direct effect. Such an approach, which requires almost equally intense engagement as in the case of indirect effect (also insufficiently exercised at the national level), should defend individual rights from both national and supranational unfavourable influences. In doing so, fundamental rights and general principles encouraged and taken care of by the CJEU, which are and should be the cornerstone of the EU legal system, and which are ultimately a justification for the Member States to embrace the principle of supremacy of European law, should be taken into account.

Адміністративний процес, як провідна галузь права у співвідношенні з міжнародними правовими системами ЄС та США

The article is devoted to a detailed study of administrative procedure as one of the key branches of law and its correlation with international legal systems, such as the legal systems of the European Union (EU) and the United States of America (USA). The study of these systems is important for understanding current trends in the development of administrative law in Ukraine, especially in the context of its integration into the European legal area and large-scale legal reforms. The purpose of this study is to identify commonalities and significant differences between the administrative processes in the EU and the US, and to assess how these processes can be integrated into the Ukrainian legal system. Particular attention is paid to the analysis of administrative justice principles such as the rule of law, fairness, access to justice and judicial independence. The study shows that, despite significant differences between the legal traditions of the US and the EU, both systems share a common goal of ensuring transparency and accountability of administrative bodies and protecting the rights of citizens. The article analyses the different approaches to administrative justice, in particular, it shows that in the EU and the US, they are united by such important elements as independence of the judiciary, access to justice and protection of human rights. These principles may serve as guidelines for the development of administrative law in Ukraine, where reforms are aimed at strengthening the judicial system and improving the mechanisms for protecting the rights of citizens in their relations with administrative authorities. Particular attention is paid to the analysis of the impact of the EU and US legal systems on the development of administrative law in Ukraine. Ukraine, on its way to integration into the European Union, has already adopted many elements of the European legal system, in particular in the field of administrative justice. At the same time, the American experience of regulating economic relations through administrative law may also be useful for Ukraine in the context of developing a market economy and building a state governed by the rule of law. Thus, the article concludes that the integration of Ukrainian administrative law into the European legal space should take into account both the EU’s positive experience in the field of human rights protection and transparency of public administration, and American approaches to regulating economic relations and ensuring the effectiveness of administrative justice.

LOCUS STANDI BEFORE ADMINISTRATIVE COURTS IN ENVIRONMENTAL MATTERS – A EUROPEAN PERSPECTIVE

The main goal of this article is to examine to what extent citizens and their associations as a party in court proceedings can protect the environment in EU countries and Serbia, and also to identify main trends and limitations for access to justice in European legal systems. After analysing the three prevailing approaches to the regulation of locus standi in European countries, the aim of this article is also to determine the extent to which Serbian legislation fits into European legal systems. A normative-dogmatic method and a comparative legal method have been used in this article in order to analyse the legislation and practise in European countries in relation to the right of the public to protect the environment in administrative judicial proceedings. The article focuses on analysing the relevant international and national legislations and their implementation. The way in which locus standi is formulated is the key issue in exercising the right of the (concerned) public to initiate an administrative dispute for the protection of the environment and the protection of participation rights in environmental decision-making. Access to administrative courts in environmental matters usually implies that legal standing to initiate administrative disputes is granted to environmental civil society organisations (the public concerned), although citizens (the public) may also have standing in some cases.

Tinjauan Yuridis Pelaku Tindak Pidana Kejahatan Seksual pada Anak dibawah Umur

The criminal act of sexual violence that often disturbs society is sexual violence against children committed by adults. This is because children are physically weak so it is easier for adults to commit crimes. This research uses a type of normative juridical legal research. The research approach method used in this research is a statutory approach and an analytical approach. In this research, secondary data is used, namely data obtained from library research by collecting legal materials. Conclusions are made deductively, which means drawing conclusions from general things to specific things. Based on the results of research and discussion of the Juridical Review on Punishment for Perpetrators of Sexual Relations with Children, in this case the judge determines whether a person is guilty or not because the judge is God's representative in determining the length of the sentence. guided by the minimum and maximum threat provisions formulated in the law. -invitation. The minimum and maximum criminal threats have been formulated generally in the Criminal Code, while the minimum and maximum criminal threats have been specifically formulated in every law outside the Criminal Code, and the judge's advice in handling cases of criminal sexual violence against children must pay attention to the laws in force in Indonesia , because Indonesia adheres to the Continental European legal system which places legislation as the main source, so that justice can be guaranteed to everyone who comes into contact with the law.

Perbandingan Pengaturan Tata Hukum Antara Indonesia dan Amerika Serikat

Perhaps the most important development in patients' rights has been that in Indonesia and the United States regarding the doctrine of informed consent. Embracing the Continental European legal system, the doctrine of informed consent in Indonesia is articulated in Law No. 36 of 2009 on Health, Government Regulation No.32 of 1996 on Health Worker, Law No.29 of 2004 on Medical Practice, and Law No. 8 of 1999 on Consumer Protection. It is also specifically regulated by Health Ministerial Decree No. 29 of 2008 regarding Medical Action Approval. This doctrine requires physicians to share certain information with patients before asking for their consent to treatment. The Court in the United States of America used the term of informed consent to describe the physicians obligations to provide information. The legal consequences if informed consent is not given, it is considered as an act of abuse (intentionally) to the patient. According to Rule of law in the United States that physicians have to open all the information about all the necessary facts, so that patients can determine appropriate treatment options. Tort Law in Anglo-Saxon legal system, similar to "act against the law" in the Continental European legal system. This article examines a comparative study of informed consent in the Indonesian Health Laws and regulations and those of the United States.

The Mālikī School of Law in Andalusia and Its Impact on the Development of European Legal Systems

Objectives: This article explores the history of the Mālikī school of law in Andalusia and its influence on European laws. The study opens with the period of the Muslim conquest of Andalusia, aiming to highlight the various schools that existed before the emergence and spread of the Mālikī school and its impact on European laws. Methodology: This article uses a descriptive analysis, drawing on early and contemporary Islamic sources. Its goal is to trace the spread of the Mālikī school of law in Andalusia and analyse its influence on European laws. Findings: This article demonstrates how the Mālikī school of law influenced modern European laws that modified this jurisprudence and integrated it into their legal systems, such as the French Civil Code. Such was the result of a substantial interaction between Muslims and non-Muslims following the Islamic conquest of Andalusia. Consequently, the article concludes that introducing the Mālikī school of law into Andalusia substantially impacted European laws and systems. Originality: This article discusses the entry of Muslims into Andalusia during the European Dark Ages. It elucidates how the conquest of Andalusia affected the Andalusians and that Islamic civilisation and the Mālikī school of law influenced most of Europe's nations as well.

Adaptation of Sharia Law to Russian Criminal Law by Population of Western Turkestan and Siberian Bukharans in Late 18th — Early 20th Centuries

This article examines the state policy of aligning Muslim law with Russian legislation in different cultural-historical contexts. It is demonstrated that the implementation of this mechanism was carried out among the Siberian Bukharans in the late 18th century, and from the second half of the 19th century, these methods were applied to Western Turkestan under the protectorate of the Russian Empire. Sources include documents from the Central State Archive of the Republic of Uzbekistan and the State Archive of the Tyumen Region in Tobolsk. The re-search methodology is based on the systems theory of K. L. von Bertalanffy, utilizing comparative-historical and comparative-legal research methods. The authors conclude that the dissonance between Russian legislation and Western Turkestan not only reflected differences between two distinct legal systems and religious-legal cultures but primarily highlighted the gap between medieval and contemporary legal concepts for that time. The adaptation of Western Turkestan to Russian legislation shaped unified legal concepts and paved the way for transforming the multi-confessional population of the Russian Empire into a unified civic entity. This laid the groundwork for the coexistence of Uzbekistan and Russia within the USSR and later facilitated the development of an independent Uzbekistan using legislation closely aligned with Russian and European legal systems.

Regulation of Corporate Criminal Liability According To Law Number 1 Year 2023 On The Criminal Code

Corporation as a subject of criminal law that can be held criminally responsible is not known in the old Criminal Code. This is because the old Criminal Code is a legacy of the Dutch colonial government whose legal system adheres to the Continental European legal system (civil law). Countries that adhere to the civil law legal system are a little behind in terms of regulating corporations as subjects of criminal law, in contrast to countries that adhere to the common law legal system, which has regulated corporate liability and this has started since the industrial revolution. In Indonesia itself, the regulation on corporation as a subject of criminal law is regulated in the Law outside the Criminal Code. Meanwhile, the new Criminal Code has regulated corporations as legal subjects that can be held criminally liable. As regulated in Article 45 to Article 50, Article 56, and Articles 118 to 124 of Law No. 1 of 2023 on the Criminal Code. Although prior to the enactment of Law No. 1 of 2023 on the Criminal Code there was already Perma No. 13 of 2016 concerning Procedures for Handling Criminal Cases by Corporations and Regulation of the Attorney General of the Republic of Indonesia Number PER-28/A/JA/10/2014 concerning Guidelines for Handling Criminal Cases with Corporate Legal Subjects. Prior to the issuance of the regulation, the Attorney General's Office had first issued Circular Letter of the Attorney General of the Republic of Indonesia Number B-036/A/FT.1/06/2009 regarding Corporations as Suspects/Defendants in Corruption Crimes addressed to the Head of High Prosecutors throughout Indonesia. Thus, Corporations as a subject of criminal law can already be held criminally liable with the strength and legal certainty stipulated in the New Criminal Code.

European legal standards of digitalization of the judiciary

The article reveals the content of the concept of European legal standards in the area of digitalization of the judiciary adopted as mandatory or as recommendatory typical legal principles and norms fixed (contained) in common sources of law (acquis communautaire) of the European legal system. They are the minimum legal requirements for the organization and implementation of e-justice for the EU member states. The application of these standards takes place in the course of their implementation by national laws of both the EU member states and states that are guided by the legal values of the EU and/or seek to acquire EU membership, like Ukraine. The normative basis, goals and principles of e-justice in the EU are thoroughly analysed. The key positions on the digitalization of the judiciary, which are set out in the EU legal documents containing the relevant legal standards, are defined. Attention is drawn to the fact that the main elements of e-justice, implemented in Ukraine under the influence of European standards, can be considered the following: (i) conducting electronic office work, centralized storage of cases and other procedural documents in a single database; (ii) exchange of documents and information; (iii) electronic method of determining a judge (judge-rapporteur) to consider a particular case; (iv) using information and communication technologies to investigate electronic evidence; (v) trial participation in the hearing via videoconference; (vi) adoption and publication of judicial acts in electronic form.

Procedural Conditions for the Admissibility of an Expert's Opinion as Evidence in a Criminal Case

The proposed work examines the issues of the admissibility of such type of evidence as an expert opinion, which are traditional for any country with a continental European legal system. The appeal to this issue is not accidental due to the rather rapid development of science and technology in recent years, the course of global digitalization processes in the human environment. Objectively, it is necessary to discuss the issue of adjusting the procedural conditions for admission of expert opinions as evidence in a criminal case, especially those that are carried out in actively developing areas of application of special knowledge.

Some aspects of regulating the procedure for the adoption and appeal of normative legal acts of local councils in Ukraine

Research on this topic is important and relevant for several reasons. Effective and fair regulation of procedures for the adoption and appeal of normative legal acts at this level is crucial for ensuring the rights and interests of citizens in practice. The alignment of national legal norms with international standards is key for the organic integration of Ukraine into the European legal system, and the processes of decentralization necessitate the study of this topic through the prism of local authorities.
 The article uses such research methods as comparison, analysis, induction and deduction.
 During the research, results were obtained, consisting of the formation of a clear and comprehensive vision of normative legal acts that regulate the procedures for the adoption and appeal of normative legal acts of local councils in Ukraine. Existing legal problems were highlighted, and solutions were proposed. The primary issue in the normative-legal regulation of the studied topic is the insufficient clarity in defining normative-legal acts and the narrowing of the range of subjects of appeal compared to the Constitution. Considering the points stated in this article will contribute to the improvement of the legal regulation of the discussed issues and the further application of legal norms.
 The study of the chosen topic is crucial for understanding and addressing current problems in the regulatory and legal foundations of the functioning of local self-government and ensuring guarantees of the protection of citizens’ rights at the local level.
 Further research on this topic allows for a deeper understanding of the role of local self-government in ensuring the harmonious functioning of society and identifying possible ways to improve regulatory and legal frameworks. Specifically, in the context of addressing issues such as the lack of clarity in defining the concept of «regulatory and legal act» and restricting the scope of subjects for challenging regulatory and legal acts, as identified in this study, it is crucial to emphasize the need for transparency in legal processes at the local level. The findings of this research can serve as a foundation for subsequent reforms in the field of local self-government and the establishment of effective mechanisms for protecting citizens’ rights at the local level.

Criminal Law Formulation Policy to Prevent Corporate Crimes Conducting Mining in Forest Areas without Permission

Corporations carrying out mining activities in forest areas are still widespread, the existing laws and regulations currently in force are still not enough to prevent corporate crimes in the criminal sector without a business permit from the central government, which causes the risk of environmental damage and social disadvantage for the community, which means In the absence of harmonious law enforcement in the field, there is a need for a concept to provide legal certainty regarding the burden of criminal liability for violations by corporations carrying out mining activities without a permit through policy formulation to provide certainty. The purpose of this writing is to know, understand, analyze, describe and discover the concept of criminal law formulation policies in preventing corporate crimes that carry out mining activities in forest areas without ministerial permission. The results of this writing, through the Connectivity Legal Theory, will be believed to provide a breath of fresh air in law enforcement within the police in order to ensnare corporations that carry out covert and organized business activities. This will provide certainty in the basic guidelines. It differs in that the interpretation method is still ambiguous from various points of view and is still difficult to apply without basic references in countries that adhere to the continental European legal system. The idea of law enforcement in realizing an Article which still contains ambiguities but is based on other rules can be used as a reference to strengthen the position of the Article with the following provisions: a. Still relevant in law in the same environment; b. Still in the same hierarchy of laws and regulations; c. Connected regulations provide clarity on legal issues in legislative formulation; d. Bag-connected rules provide clarity in criminal liability

Legal methods of comparative research: the latest role in the conditions of globalization processes

This article is devoted to the study of legal methods of comparative direction in the conditions of globalization. Special attention is paid to the question of the growth of the role of the comparative legal method, the methodology of its implementation, as well as the factors that determine the growth of its role. First, it was noted that after the Second World War, the generally recognized principles of international law were developed and written down in the UN Charter and other fundamental international legal documents. Acting as a product of customary international law, that is, as a result of the practice of civilized nations in relations between themselves and with societies, they have acquired a universal character, which puts them «at the top» of the world legal order. Such principles as respect for human rights, state sovereignty, territorial integrity of states have received universally recognized content. In many European states, they have «direct effect», acquiring a constitutional character. This means that a new phenomenon has been created within national legal systems, which really consists of a common archetype present in the constitutional system of every civilized state. The second, comparative law, is currently used as a tool for judicial investigation of a legal case, and therefore - the reasoning of a court decision. This approach is widespread in the practice of the highest courts of states and especially the European Court of Human Rights (ECtHR).
 After the Second World War, there was not a single significant legislative project that was not, to one degree or another, accompanied by extensive legal methods of comparative research. This approach should be reflected in the practice of reforms in Ukraine. It is important to emphasize that the comparative approach is characteristic not only for science, but also for law-making and law-enforcing bodies (courts). An adequate methodology of the comparative legal approach takes into account a complex understanding of the law itself (written and unwritten), as well as its broad social context.
 In addition, the change in the nature of international law, the creation in the last three decades of full-fledged regional legal systems, for example, the European legal system, as well as the strengthening of their interaction with national legal systems, necessitate the use of so-called «vertical methods» of comparative research.

EVALUATING THE ADMINISTRATION OF JUSTICE AND ABUSE OF PROCESS: A CRITICAL ANALYSIS OF THE MARIANA JURISDICTION CHALLENGE [2022] AND THE EUROPEAN SYSTEM OF LAW FOR CIVIL AND COMMERCIAL MATTERS FOR A THIRD STATE

Background: This research critically analyses the jurisdictional challenges and their implications for the proper administration of justice in the case of Mariana vs. BHP Group [2022] EWCA Civ 951. The legal route taken by the High Court of Appeal is examined, considering both the proceedings in the UK (pre-Brexit) and a third state (Brazil). This text examines the impact of the European legal framework on EU member states and evaluates the approach of UK towards Article 34 of the Brussels Regulation. The analysis examines whether pursuing damages based in civil or commercial liability suffered by victims domiciled in a Third State through European jurisdiction is appropriate. Methods: The study employs a case law analysis, supported by doctrinal legal research methodology, to systematically examine the balance of the principle of forum non conveniens and the consistent application of the Brussels Regulation in the Mariana Case. This is a critical review of the UK High Court's decision to overturn Judge Turner's ruling. The review emphasizes the adherence to historical national precedents, European Union Law, and the European Court of Justice's previous rulings against the United Kingdom's strike-out legal technique. The article explores the complexities of administering justice, focusing on the interplay between case management discretion, the principle of proportionality, and the court's responsibility to ensure a fair trial. It analyses the impact of factors such as the court's structure, case complexity, and the time required for resolution within this framework, while also considering the court's duty to administer justice effectively. . Results and Conclusions: The study's findings enhance comprehension of jurisdiction challenges in transnational litigations within the European Legal System and their implications for the proper administration of justice. The article recommends a balanced approach that upholds the substantial rights of claimants while aligning national practices with EU civil liability standards, promoting judicial harmony in transnational civil and commercial liability cases in the European Union.

Wymiar formalnoprawny infrastruktury krytycznej na poziomie krajowym i europejskim

After the russian Federation began its aggression against Ukraine in 2022, the Ukrainian critical infrastructure system was attacked with the aim of its complete or partial destruction. In response to these attacks, the Ukrainian authorities announced the reconstruction of the infrastructure protection system based on eU legal solutions. therefore, the article discusses the issues of critical infrastructure, both at the european and Polish level. the provisions of 2007 are in force in the Polish legal system, and the 2008 directive – in the european legal system. however, legal provisions were amended in 2022 and will be implemented into national legal systems in 2024. the aim of the article was to analyze the content of the provisions of legal acts in the field of critical infrastructure in Poland and the eU. the analysis is accompanied by research questions regarding how to define basic concepts and terms in both legal systems and the mutual relations of both systems. the article refers to the document examination method that allows for the analysis of legal acts and comparative analysis. eU Member States have gained a superior position over european bodies, but growing natural and anthropological threats and the process of deepening european political integration have resulted in a gradual change in the way of thinking about critical infrastructure. the position of EU bodies under 2022 directive has been significantly strengthened vis-à-vis member states.

თანაზომიერების პრინციპის თეორიული და პრაქტიკული ასპექტები (ქართული და გერმანული სამართლის მიხედვით)

The principle of proportionality brings governmental activities into a strict constitutional and legal framework and thereby contributes to the adequate balancing of basic human rights and public legitimate goals set by the state. In the current edition of the Constitution of Georgia, specifically, in paragraph 3 of Article 34, it is explicitly stated that the limitation of the basic human rights must correspond to the importance of the legitimate goal that it serves to achieve. The dogmatics and practice of the principle of proportionality have been developed in German law since the 50s of the 20th century and spread throughout the continental European legal system. In the present situation, the constitutional courts consider the principle of proportionality as a universal constitutional principle and evaluate the justification for limiting the basic rights based on the established practice. However, there is no unambiguous and doctrinal discussion-free approach to the individual components of the principle of proportionality, especially where the line is drawn between the scope of the legislative view and the constitutional requirement of proportionality. The principle of proportionality and its proper articulation in practice represents a crucial achievement, although it is necessary to adequately understand its dogmatic nature in order to avoid separate theoretical or practical objections regarding this issue. Key words: the principle of proportionality, legitimate purpose, utility, necessity, proportionality in the narrow senses.

The Polish Model of a Limited Joint-Stock Partnership in Comparison with Other European Legal Systems

Abstract 866The Polish regulation concerning a limited joint-stock partnership has been in force since the date of entry into force of the Commercial Companies Code (CCC). The CCC divides commercial companies into “partnerships” and “capital companies”. Each of those two types of commercial companies is governed by separate rules. The completion of twenty years of Polish CCC in force prompts us to analyse the juridical model adopted by the legislature, according to which limited joint-stock partnership is classified as a partnership. During this period, there have been significant events making the verification of the validity of this model possible, including Poland’s accession to the European Union (EU), which has resulted in the need to adapt national regulations to EU law – both in the field of private law (including commercial law) and public law (including tax law). The need to amend the domestic law in connection with the implementation of Directive (EU) 2019/2121 of the European Parliament and of the Council of November 27, 2019 amending Directive (EU) 2017/1132 (as regards cross-border conversions, mergers, and divisions of companies) – is a direct motivation for undertaking research on a Polish limited joint-stock partnership.867

Three-dimensional property: Current development trends on the Polish example

Abstract 126The majority of modern European legislations traditionally follows the concept of land ownership derived from Roman law. It is based on the assumption that the owner’s rights are unlimited in spatial terms. Within this understanding, the spatial scope of ownership extends to open space above and below a specific part of the land’s surface, delineated two-dimensionally. Several exceptions to the general underlying approach have been successively introduced in particular European legal systems in the course of historical development. These include, in the first place, building leases and apartment ownership as well as separate ownership of buildings. Furthermore, widely accepted limitations as to the vertical scope of ownership stem from specific regulations in the fields of mining law, geological law, water law and aviation law. Another manifestation of departure from the traditional concept of land ownership are legal solutions falling into the category of three-dimensional (3D) property, which is of increasing interest nowadays in view of growing needs for new forms of ownership and land use in densely built urban areas. At the core of the concept of 3D property in the strict sense lies the possibility to divide the space into distinct layers defined by horizontal and vertical planes, and to create so-called three-dimensional immovable properties which constitute independent objects of property rights. Such 3D units can serve multiple above- and underground investment purposes. Regulations regarding different models of 3D property rights have already been adopted in a number of countries in Europe and worldwide. Recently, conceptual work on layered ownership has been undertaken in Poland, which has opened a discussion in the legal scholarship on the future legislative changes to be implemented in order to introduce the notion of 3D property to domestic law. In parallel with these tendencies, the idea of 3D cadastre is being promoted. It offers 127the possibility to register real estate objects located at different levels. Worthy of note in this regard is also the impact of the current technological advancements on increasing the investment potential of urban space through 3D property formation. This article elaborates, first, on the general concept and selected types of 3D property rights existing in national jurisdictions. Against this background, the proposal for the new legal construct of layered ownership has been discussed with particular consideration of the possible ways of adapting it to the Polish property law framework. Some of the opportunities and challenges brought about by the 3D property rights development have been then outlined in the context of extensive implementation of emerging technologies in real estate transactions.