<abstract>
<title style='display:none'>Abstract</title>
Since 1989, the Court of Justice of the European Union has recognised a privilege against self-incrimination for undertakings subject to public enforcement procedures on the basis of Articles 101 and 102 TFEU. That privilege forms part of the fundamental rights of the defence. Over time, the privilege has been read into Article 6 ECHR and has gained ground in other domains of EU law as well. Against that background, the question arises as to whether the CJEU’s original case law in the field of EU competition law needs to be updated. This paper revisits that case law by comparing it with developments in the context of the ECHR and in other domains of EU law. It argues that, in light of those developments, a case law update may indeed prove necessary. However, such an update alone would not sufficiently address the practical difficulties currently surrounding the application of the privilege in practice. For that, more coordinated legislative action would be warranted.
</abstract>

The Privilege against Self-Incrimination in EU Competition Law: Time for a Case Law Update?

<abstract><title style='display:none'>Abstract</title>
The aim of this article is to reflect on the model of palliative care in Poland from the perspectives of a person at the end of life and their carers. A large part of the considerations is focused on terminological issues, the presentation of which is extremely important, because not only does it illustrate the evolution in the approach to palliative care, but it also defines the personal aspect of support related to the person at the end of life and their carer. An extremely important element of the article is the presentation, based on the current legal status, of the basic assumptions of palliative care in Poland by showing the forms of support addressed not only to people at the end of their lives, but also to their carers. It should be emphasized here that this care should take on a holistic dimension, going beyond the legal and institutional sphere, hence some of the considerations are also devoted to social, spiritual, emotional or information support, which from the point of view of these people is also extremely important. The article also attempts to indicate specific normative solutions requiring intervention by the legislature, due to the demographic and epidemic challenges facing the Polish state. 
</abstract>

The Model of Palliative Care in Poland from the Perspective of People at the End of Life and Their Carers: Preliminary Issues

<abstract>
<title style='display:none'>Abstract</title>
The refugee crisis in 2015 revealed the lack of solidarity and the divergent migration policies of the EU Member States. It showed clearly that when faced with the problem of migration, the EU countries fail to cooperate and support one another. The EU Member States with more experience with migration coped better and were more open to migrants. The South European countries took in a huge inflow of migrants and expected (in vain) support from other EU members. The countries of Central and Eastern Europe were unwilling to receive refugees. These diverging approaches to refugees presented by particular Member States resulted in the New Pact on Migration and Asylum, which was adopted by the European Commission in September 2020.The purpose of the pact was to provide humanitarian aid to migrants, since one of the human rights is the right to migrate, but it was not its only objective. The New Pact on Migration and Asylum was supposed to be a guarantee of solidarity and efficient management of the migration process.
</abstract>

The EU Member States’ Diverging Experiences and Policies on Refugees and the New Pact on Migration and Asylum

<abstract>
<title style='display:none'>Abstract</title>
The purpose of this paper is to highlight some implications of the creation of closed, culturally alien communities and the possible consequences of their functioning from a criminological and victimological perspective. Various processes emerging since about the second half of the 20th century, in Europe as well as in the United States of America, have caused cultural transformations leading to the emergence of cultural pluralism (polyculturalism, multiculturalism) in various forms. This represents one of the greatest challenges of the modern world on many levels, including prophylaxis and crime prevention. Of particular concern is the issue of assessing the behaviour of an offender belonging to a closed, culturally different group. variants of such a situation can be considered – when the perpetrator and the victim belong to culturally different communities or the same one, and depending on whether the perpetrator’s behaviour constitutes an act judged negatively in the closed group to which they belong or whether it fulfils the characteristics of a crime in the legal system of the external community.
</abstract>

Penetration of Cultures, Penetration of Crimes: Who Do Borders Protect?

<abstract>
<title style='display:none'>Abstract</title>
This study reflects on the control of expenditure made from the EU budget through instruments regulated by EU and Polish financial law, and in a broader sense also on the protection of the EU’s financial interests on the expenditure side. The purpose is to present and engage in a dogmatic-legal analysis of the EU-national normative benchmark for the control of EU budget expenditure and to answer the question of its normative-axiological content, rightly taking into account the principle of the rule of law as the basic determinant of the performed control of EU budget expenditure, in accordance with the CJEU judgment C 157/21. It may justifiably be argued that the normative model of control of expenditure from the EU budget is a normative-axiological model shared by the EU and its Member States. It is hybrid in that it consists of a number of mechanisms and institutions (in the substantive sense) that are functionally interconnected. Effective implementation of the criteria of this normative benchmark (substantive, instrumental, procedural and axiological) presupposes functional links between EU and Polish regulations for the application of principles not only from Articles 317 and 325 TFEU, but also values and principles from Article 2 TEU.
</abstract>

Legal Instruments for Control of Expenditure from the EU Budget in the Light of EU and Polish Law

<abstract>
<title style='display:none'>Abstract</title>
This article, which is intended for arbitration practitioners, demonstrates that international arbitration as a subset of the field of alternative dispute resolution (ADR) offers a useful toolkit for the expeditious resolution of international intellectual property law disputes. The article demonstrates how the theory and practice of international arbitration is particularly well poised to address some of the specific considerations and requirements of paramount concern to the international intellectual property lawyers and their clients. The article will explain how the inherent features of the international arbitration legal landscape combine to indicate that it should be considered as the preferred method of ADR and explain how each of these features can provide both time and cost efficiencies. The article will identify the legal reasoning behind the benefits inherent to choosing international arbitration and will also address those circumstances when international arbitration may be precluded or otherwise considered unsuitable for intellectual property matters. The article examines several distinct benefits that international arbitration uniquely offers to international intellectual property law users and highlights some areas of the field that require additional caution.
</abstract>

The Adoption of International Arbitration as the Preferred ADR Process in the Resolution of International Intellectual Property Disputes

<abstract>
<title style='display:none'>Abstract</title>
One of the natural consequences of the development of technology is that an entrepreneur’s confidential information, including trade secrets, is commonly stored in electronic files. This form of information storage inevitably entails challenges in the area of its protection. The coronavirus pandemic has drastically accelerated the process of dissemination of new models of employment, in particular remote (distance) work and cloud working, and has made the protection of an entrepreneur’s secrets against unauthorised use even more complicated. This is due to the fact that in such models of employment, employees obtain access to their employer’s data remotely, which may decrease the employer’s level of control. To remedy this, employers may undertake various steps aimed at ensuring that their secrets are well protected; however, such actions may affect the free movement and mobility of workers. The purpose of this article is to verify how, in these circumstances, the measures provided for in EU law face the challenges of protecting an employer’s secrets against unauthorised use by employees and how they define the scope to which they can be applied without the abuse of employees’ rights and unjustified restrictions on their mobility. For that purpose, the author analyses in particular Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016 on the Protection of Undisclosed Know-How and Business Information (Trade Secrets) against Their Unlawful Acquisition, Use and Disclosure. This research is based mainly on the dogmatic method of analysis.
</abstract>

Trade Secrets in the Digital Age: How Do the Measures Provided for in EU Law Face the Challenges of Protecting an Employer’s Trade Secrets against Unauthorised Acquisition, Use and Disclosure by Its Employees?

<abstract>
<title style='display:none'>Abstract</title>
The Act of 5 July 2018 on the National Cybersecurity System and its accompanying executive regulations have introduced into Polish law the provisions of the Directive of the European Parliament and of the Council of 6 July 2016 concerning measures for a high common level of security of network and information systems across the Union (UE) 2016/1148. The fundamental reason for these regulations was to establish a coherent system to ensure the cyber security of the Republic of Poland with accordance to standards adopted for European Union Member States. This paper presents the legal situation of operators of essential services and digital service providers that was created by the provisions of the ANCS. The ANCS not only identifies operators of essential services, digital service providers, and their assigned obligations, but also addresses the competent authorities’ tasks of supervising, inspecting and imposing penalties within the cyber security system. The findings, assessments and conclusions presented here are based on the interpretation of the provisions of the ANCS and are supported by prominent claims of academic representatives. The analyses contained within this paper aim to show that despite the comprehensible and contemporary ratio legis – which falls within the framework of pursuing the state of digital safety – the provisions of the ANCS require adjustments that acknowledge the legal situation of operators of essential services and digital service providers.
</abstract>

The Legal Situation of Operators of Essential Services and Digital Service Providers in the Provisions of the Act of 5 July 2018 on the National Cybersecurity System

<abstract>
<title style='display:none'>Abstract</title>
This paper focuses on how Spain’s labour and employment law is dealing with technological disruption and, particularly, with algorithm management, looking for a harmonious equilibrium between traditional structures and profound changes. It pays special attention to the different actors affected and the most recent normative changes.
</abstract>

The Challenges of Algorithm Management: The Spanish Perspective

<abstract>
<title style='display:none'>Abstract</title>
The 2022 Guidelines of the European Commission on the application of EU competition law to collective agreements regarding the working conditions of solo self-employed persons apparently introduced a fresh approach towards collective agreements in a gig economy era. The main aim of this paper is to discuss whether the 2022 Guidelines are an appropriate tool to address the problems of solo self-employed persons (i.e. persons who are not in a formal employment relationship and who rely primarily on their own personal labour to provide services) from the perspective of EU competition law. To this end, we first present key competition problems related to collective agreements (section 1). Second, we analyse the regulatory framework for exemptions from competition law, with a view for a potential exemption relevant for collective agreements, as well as an approach to collective agreements in EU case law (sections 2 and 3). Third, the background for adopting the Guidelines, and their goals, is analysed (sections 4 and 5). Fourth, the Guidelines are discussed in more detail in sections 6 and 7 from the perspective of exemptions from Art. 101(1) TFEU. Finally, we examine the relationship between the Guidelines and a proposal for a platform work directive. The article attempts to verify the hypothesis that the Guidelines may be considered a pseudo-development.
</abstract>

Collective agreements on working conditions of solo self-employed persons: perspective of EU competition law

<abstract>
<title style='display:none'>Abstract</title>
In order to achieve the main objective of sealing the tax system, Council Directive (EU) 2021/514 of 22 March 2021 Amending Directive 2011/16/EU on Administrative Cooperation in the Field of Taxation (DAC7) introduces an obligation to report income obtained by sellers via a digital platform in one of the Member States. However, the implementation of the provisions of DAC7 in the field of reporting also has non-fiscal consequences. The DAC7 Directive interferes in the way sales platforms function, imposing additional obligations on them which are closer to models of cooperation in employer–employee relations than in B2B relations.
</abstract>

The Impact of the DAC7 Directive on the Functioning of Platforms and Platform Operators, from the Perspective of the Legal Model of Their Collaboration with Individuals

<abstract>
<title style='display:none'>Abstract</title>
We are currently unsure whether the digital revolution will herald the end of work or whether it represents another evolutionary phase, similar to previous industrial revolutions. However, the changes in work brought about by AI and automation are already exerting negative impacts on both employment and people’s income. In this context, this article delves into the potential role of social law in mitigating these adverse effects. With this objective in mind, the author advocates for a departure from our current model of social inclusion in favour of broader income support mechanisms. The author expounds on how a universal basic income could contribute to steering the digital revolution with the aim of facilitating a more inclusive and effective transition into the digital era.
</abstract>

Can a Basic Income Make the Digital Revolution More Sustainable and Inclusive?

<abstract>
<title style='display:none'>Abstract</title>
The increased influx of refugees into Europe in 2015 put a strain on Europe’s common asylum system. The European Union was faced with the challenge of solving this urgent problem, and was forced to take interim measures. In September 2015, the Council took two decisions: the first to relocate 40,000 applicants and the second to relocate 120,000 applicants to Member States. The relocation decisions were based on the principles of solidarity and fair sharing of responsibility as expressed in Article 80 of the TFEU. Member States retain the right to refuse to relocate an applicant only where there are reasonable grounds for regarding him or her as a danger to their national security or public order. However, states cannot, on the basis of security considerations, arbitrarily decide not to fulfill the obligations arising from the relocation decisions. Poland’s stance on the solutions adopted by the EU has evolved; the changes were dictated by internal as well as external factors.
</abstract>

Poland’s Stance on the Refugee and Migration Crisis in the European Union

<abstract>
<title style='display:none'>Abstract</title>
Artificial intelligence systems are currently deployed in many areas of human activity. Such systems are increasingly assigned tasks that involve taking decisions about people or predicting future behaviours. These decisions are commonly regarded as fairer and more objective than those taken by humans, as AI systems are thought to be resistant to such influences as emotions or subjective beliefs. In reality, using such a system does not guarantee either objectivity or fairness. This article describes the phenomenon of bias in AI systems and the role of humans in creating it. The analysis shows that AI systems, even if operating correctly from a technical standpoint, are not guaranteed to take decisions that are more objective than those of a human, but those systems can still be used to reduce social inequalities.
</abstract>

Bias in Artificial Intelligence Systems

<abstract>
<title style='display:none'>Abstract</title>
This article presents ten priority research problems in the scope of public finance control in Poland with a synthetic discussion of their aims. Implementation of the proposed research should serve a harmonious development of a part of financial law - called control of public finance. The article is mainly based on the Author’s own views and should encourage further scientific discussion on the mentioned topics.
</abstract>

On Priority Research Problems in the Scope of Public Finance Control in Poland

<abstract>
<title style='display:none'>Abstract</title>
This article addresses the migration crisis on the Polish–Belarusian border. The authors believe that the actions of the Polish authorities violated the requirements set by human rights standards, including the obligations arising from Poland’s membership of the EU and the Council of Europe. This is confirmed not only by legal doctrine and the reports of non-governmental organisations, present on the ground despite all the restrictions, but also by interim-measure orders issued by the ECtHR against the Polish government. In the first part of the text, the authors summarise the situation, recalling the most important events that took place on the Polish–Belarusian border. The second part discusses the most important obligations of the EU arising both from the treaties creating it and also from the secondary legislation adopted on their basis. The juxtaposition of the EU’s actual response and the obligations written on paper may lead to the conclusion that the EU’s actions are insufficient under EU law. Relying on the texts of legal acts and other available information, the authors argue that the EU’s actions, in a certain amount of compromise with political interests, even detract from its credibility as an organisation that also aims to protect human rights externally.
</abstract>

The Polish–Belarusian Border Crisis and the (Lack of) European Union Response

<abstract>
<title style='display:none'>Abstract</title>
The Covid-19 pandemic has significantly affected the movement of people within the European Union, both in terms of nationals of the Member States and others. On many occasions, as an instrument to combat or contain the spread of the virus, EU Member States have made use of the possibility of temporarily reintroducing border controls in the Schengen area, or even temporarily closing their national borders. Despite the Covid-19 pandemic, the migratory pressure on the countries of the European Union has not ceased, although the scale of this phenomenon has decreased in many areas. A separate problem is also the influx of illegal migrants to the territory of European Union Member States and the effective implementation of instruments to combat this practice. The regulations in force in the European Union in the area of migration and asylum were developed under different conditions, i.e. standard migration flows, and despite many modifications (e.g. in the context of the competences and tasks of Frontex) they have not proved effective in emergency situations. Consequently, many attempts have been made to amend these regulations. In 2020, they were replaced by a new comprehensive Pact on Migration and Asylum. The aim of this paper is to present and analyze selected legal problems related to the influx of irregular migrants to the European Union in the light of current migration trends and to show, against this background, the main demands for changes contained in the submitted legislative proposals.
</abstract>

The New Pact on Migration and Asylum as a Response to Current Migration Challenges– Selected Issues

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Białostockie Studia Prawnicze

Bialystok Legal Studies: A Journal of Faculty of Law, University of Bialystok, Poland

Print ISSN: 1689-7404Online ISSN: 2719-9452   Białostockie Studia Prawnicze (Bialystok Legal Studies) is an open-access,...

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Print ISSN: 1689-7404Online ISSN: 2719-9452   Białostockie Studia Prawnicze (Bialystok...

Białostockie Studia Prawnicze

Bialystok Legal Studies: A Journal of Faculty of Law, University of Bialystok, Poland

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