Sources Of European Law Research Articles

Limitations on the Choice of Law Resulting from the Protection of Third Parties in the Polish System of Private International Law

SummaryThe article concerns the limitations of the freedom of shaping the legal relationship by the parties on the grounds of private international law binding in Poland. It is devoted to the specific issue of limitations of the effects of the choice of law on the grounds of the protection of third parties. The rules related to this issue have been included both in the sources of European law (“Rome I” and “Rome II” regulations, as well as in the Polish law – Private International Law of 2011). They concern the choice of law for contractual and non-contractual obligations, for a power of attorney and for matrimonial property regimes. The purpose of these rules is to protect the knowledge of a third party or the rights acquired by them. The article considers various possibilities to exclude the effectiveness of a law chosen for the protection of a third party, while respecting the wills of the parties to the legal relationship as much as possible.

Euratom and Brexit: Could the United Kingdom Maintain One Foot in the European Union? Current Scenarios and Future Prospects of British withdrawal from the EAEC

Abstract The paper focuses on the very topical issue of conclusion of the membership of the State, namely the United Kingdom, in European integration structures. The ques­tion of termination of membership in European Communities and European Union has not been tackled for a long time in the sources of European law. With the adop­tion of the Treaty of Lisbon (2009), the institute of 'unilateral' withdrawal was intro­duced. It´s worth to say that exit clause was intended as symbolic in its nature, in fact underlining the status of Member States as sovereign entities. That is why this institute is very general and the legal regulation of the exercise of withdrawal contains many gaps. One of them is a question of absolute or relative nature of exiting from integration structures. Today’s “exit clause” (Art. 50 of Treaty on European Union) regulates only the termination of membership in the European Union and is silent on the impact of such a step on membership in the European Atomic Energy Community. The presented paper offers an analysis of different variations of the interpretation and solution of the problem. It´s based on the independent solution thesis and therefore rejects an automa­tism approach. The paper and topic is important and original especially because in the multitude of scholarly writings devoted to Brexit questions, vast majority of them deals with institutional questions, the interpretation of Art. 50 of Treaty on European Union; the constitutional matters at national UK level; future relation between EU and UK and political bargaining behind such as all that. The question of impact on withdrawal on Euratom membership is somehow underrepresented. Present paper attempts to fill this gap and accelerate the scholarly debate on this matter globally, because all consequences of Brexit already have and will definitely give rise to more world-wide effects.

The Application of EC Law in Arbitration Proceedings by Natalya Shelkoplyas

The Application of EC Law in Arbitration Proceedings, by Natalya Shelkoplyas. Published by Europa Law Publishing, Groningen (2003, xviii + 488 pp). ISBN 90-76871-16-7. EC law and international arbitration seem to be two different worlds which hardly ever interact. EC law is the result of regulation from above (statutory, positive law) while international arbitration relies on regulation from a lower level (party autonomy). However, the significance of European integration and the relevance of EC law is evidenced in all areas of law including arbitration. Arbitration tribunals, as well as courts performing a supportive or supervisory role, have increasingly to deal with legal rules of a European origin. A number of questions arise in this context. They relate to the application of primary and secondary law, as well as to all other sources of European law including international conventions concluded within the framework of the European Union; they also relate to the position of arbitration tribunals in the structure of European courts. The European Court of Justice (ECJ) has on several occasions been asked to clarify certain aspects of the relationship between arbitration and various aspects of European law. Most of these cases are of fundamental importance.1 One of the fundamental issues in relation to the topic is to establish the landscape and to paint a clear picture: is there any tension between EC law and arbitration? Is there any interaction between arbitration and EC law? Is EC law applicable to arbitration? How is it possible to ensure correct application of EC law by arbitration tribunals if arbitration tribunals cannot take part in any dialogue with the ECJ as national courts do? This is not the first book on the topic2 but it is one of the first monographs in English. A thesis on the topic is timely. Shelkoplyas assumes a difficult task and delivers several results. The book is …