1. Faculty of Law and Administration, Department of Economic and Commercial Law, University of Warmia and Mazury in Olsztyn, ul. Obitza 1, 10 - 725 Olsztyn, Poland
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Dr. Michał Krzykowski
1. Faculty of Law and Administration, Department of Economic and Commercial Law, University of Warmia and Mazury in Olsztyn, ul. Obitza 1, 10 - 725 Olsztyn, Poland
The production of lignocellulose biomass on dedicated plantations is an option that facilitates the implementation of sustainable development policy. The novelty of this type of research is that it involves the use of various types of methods—economic and legal analyses within a particular subject. This makes it possible to obtain a holistic view of the chosen case study. The purpose of this study was to determine whether setting up a Short Rotation Coppice (SRC) plantation of willow (Salix spp.) and poplar (Populus spp.) was economically profitable and if the legal regulations supported this type of production. The economic data are based on an experimental case study. The economic profitability of the plantations was assessed through an analysis of discounted cash flows, net present value (NPV), internal rate of return (IRR), and profitability index (PI). The legal analysis of the relevant EU and Polish legal solutions was based on a dogmatic approach. The study demonstrated that SRC cultivation was mostly hindered by economic factors, including the low selling price of biomass as an energy resource and the high costs of harvest. Meanwhile, in the analysed period, i.e., from 2015 to 2020, there were no additional legal or economic forms of support for this type of production that was addressed directly to lignocellulose biomass producers, with the exception of the standard support under the Common Agricultural Policy framework. The results of this study provide information for decisionmakers about the opportunities and challenges experienced during the development of SRC plantations.
10 March 2020 in International Environmental Agreements: Politics, Law and Economics
A stable and predictable legal environment is one of the basic factors considered in the investment process. It is of particular importance in the energy sector with its characteristically long-term investments which require substantial financial outlays. It has to be underlined that the nature of energy industry is rapidly changing both from the overall shape of the investment and regulatory models. One can observe that the model of the energy market that used to be based on state monopoly evolved into private or half private structure. However, of the particular importance is the fact that together with liberalisation and privatisation of the market the state becomes an active regulator of the market. It is especially noticeable in renewable energy sector in which governments by anticipating and incentivizing are creating conditions for new investments. Simultaneously, one cannot ignore that the state active regulatory policy may also bring a risk that support for certain investments will last as long as it is necessary to achieve its goals such as environmental protection, the need to strengthen awareness or equalise support costs. Therefore, abrupt change in the legal framework may affect the previously accepted financial set-up of the investment. In extreme cases, the change may make the investment unprofitable and thereby cause damage to the investor. This raises the question as to what legal remedies are available to foreign investors in the event of an unexpected and unjustified revision of the legal environment by the host state, provided that said revision causes damage to the investor. The authors assume the following thesis: the investor’s interests are protected under the principle of reasonable and legitimate expectations established in the framework of international law. The practical aspect of the hypothesis is also related to the question of the legal force of the arguments contained in the cases that were analysed and given as an example in the paper. As the paper analyses the principle of reasonable and legitimate expectations in the framework of international law through the prism of the investments in the energy sector, it is reasonable to verify the hypothesis regarding the effectiveness of the said principle as a legal basis for bringing claims by the investor. By analysing the doctrine itself and the related legislation and judgements, the authors shall attempt to determine when, and under what conditions, it is possible to apply the principle of reasonable and legitimate expectations in order to minimise the regulatory risk of an investment.
Due to the strategic nature of the energy sector, legal solutions to protect cross-border electricity and gas connections will be of particular importance. The author realizes that at the present stage of development, the cross-border impact may also be manifested by generating units (e.g., wind farms) or even end users themselves. The lack of harmonized regulations in this area may not only lead to limitations in the physical supply of electricity and gas, but also affect future investment decisions regarding, for example, new generation capacities. In a broader aspect, it will delay, and in the extreme case prevent, the achievement of the objectives resulting from the EU energy policy, in particular integration within the single energy market. In this article, the author identifies devices and entities responsible for energy infrastructure that should be classified as necessary for the functioning of the single energy market. The research includes the analysis and evaluation of regulations governing cybersecurity in the energy sector, taking into account the interdependencies within, intersectoral and cross-border. In addition, the author refers to the need to introduce individual legal solutions regarding the protection of energy infrastructure.
20 April 2020 in Przegląd Ustawodawstwa Gospodarczego
W artykule autorzy podejmują się oceny wpływu na bieżącą i przyszłą politykę energetyczną Unii Europejskiej i państw członkowskich wyroku Sądu (10.09.2019 r.) w sprawie
Objectives: Within the framework of the research project entitled “Usefulness of a robotic companion in light of determinants affecting the quality of life of persons with limited mobility”, a survey was conducted among a group of 1,064 respondents aged at least 15 years. One of the objectives of the survey was to determine the subjective assessment of the impact of selected factors of a formal and legal nature on the quality of life of persons with limited mobility. TMaterial and methods: he survey shows that among the respondents, there is a group of several percent of people for whom it is difficult or very difficult to meet a number of formal-legal requirements, such as taking advantage of the tax credit for people with disabilities or obtaining support from the social assistance system.Results: In this article, the authors present the results of a survey and identify and evaluate existing legal solutions aimed at supporting people with limited mobility.Conclusions: It will be necessary to implement the necessary legislation. It is of particular importance to clearly regulate the responsibility for damage caused by an action (a felony) taken by artificial intelligence in the Polish legal system, especially the rules on which it should be based – fault, risk, or fairness. This is important, especially since individual types of responsibility imply different types of punishment and exemption.
20 June 2024 in Przegląd Ustawodawstwa Gospodarczego
Zastosowanie artykułu 102 TFUE jako prawnego instrumentu kontroli koncentracji ex post w świetle wyroku TSUE w sprawie C-449/21 Towercast It has become accepted in existing practice that