Joanna Ryszka - Academia.edu (original) (raw)

Papers by Joanna Ryszka

Research paper thumbnail of Protection of Social Rights as a Permament Challenge for the European Union

Review of European and Comparative Law, 2021

Social rights protection in the European Union has undergone significant development. Currently t... more Social rights protection in the European Union has undergone significant development. Currently their protection is regulated by relevant treaty provisions and the Charter of Fundamental Rights (Charter), both of a primary law nature, as well as by the non-binding European Pillar of Social Rights (Pillar). The aim of the paper is the assessment of the social rights protection in the EU, and whether all social rights provided in the CFR have their counterparts in the EPSR, hence whether and in what way the EPSR assists the actual exercise of social rights provided by the CFR. Comparing the content of the above-mentioned legal instruments makes it possible to answer the question whether all social rights provided in the Charter have their counterparts in the Pillar. This can help determine whether the latter affects the implementation of the former. If the answer is in the affirmative, it can further allow for determining in what way the principles of the Pillar assist in the actual e...

Research paper thumbnail of Social Dumping' and 'Letterbox Companies' – Interdependent or Mutually Exclusive Concepts in European Union Law?

Social Science Research Network, Aug 24, 2017

Research paper thumbnail of Zasada proporcjonalności jako obiektywne uzasadnienie ograniczeń w swobodnym przepływie osób w Unii Europejskiej

Opolskie Studia Administracyjno-Prawne, 2016

The principle of proportionality in the EU legal order applies, among others, to actions taken by... more The principle of proportionality in the EU legal order applies, among others, to actions taken by Member States in the situation where they are willing to use, permitted by the EU law, derogation from its provisions, in particular – in the area of internal market freedoms. Derogation from those freedoms will not be justified if it is not absolutely necessary. National regulations must therefore be proportionate to the objective that these restrictions are to protect. With respect to the free movement of persons, as an example of these goals, the protection of fundamental rights could be mentioned. It is vitally important for the realization of an internal market due to the existence of interesting interactions occurring between them and specific ways of applying the principle of proportionality when they collide with each other.

Research paper thumbnail of “Social Dumping” and “Letterbox Companies” – Interdependent or Mutually Exclusive Concepts in European Union Law?

Research paper thumbnail of Przystąpienie do Unii Europejskiej a członkostwo w Unii Gospodarczej i Walutowej

Research paper thumbnail of „Nowe państwa członkowskie” w strefie euro – doświadczenia dla Polski

Research paper thumbnail of Prawa podstawowe jako uzasadnione ograniczenie swobód rynku wewnętrznego Unii Europejskiej

Research paper thumbnail of The Significance of Effective Labour Inspectoratesfor Cross-border Labour Mobility

Przegląd Prawniczy Uniwersytetu im. Adama Mickiewicza, 2019

Efficiently functioning labour inspectorates play a key role for both fair mobility and the prote... more Efficiently functioning labour inspectorates play a key role for both fair mobility and the protection of workers’ rights. They contribute, for example, to combating and eliminat-ing hazardous working conditions, and ensuring that remuneration and social insurance premiums are actually paid. This is significant in the context of the posting of workers in the framework of the provision of services. Establishing the liability regarding compli-ance with the occupational health and safety regulations is causing serious practical dif-ficulties. Therefore, it is important above all to identify initiatives undertaken at the EU level designed to enhance cooperation of national labour inspectors in this field. It is also important to carry out an assessment whether they work efficiently, require systematis-ing, or perhaps it is necessary to undertake more formalised initiatives, e.g. in the form of a new EU institution.

Research paper thumbnail of Recenzja książki Vasiliki Kosta, Fundamental Rights in EU Internal Market Legislation, Oxford and Portland, Oregon 2015, 330 s

Opolskie Studia Administracyjno-Prawne, 2019

Implementation of the internal market is one of the basic aims of cooperation between Member Stat... more Implementation of the internal market is one of the basic aims of cooperation between Member States within the EU, being at the same time an integration area that is perceived positively by both their supporters and opponents. Issues related to the implementation of the internal market freedoms are even more interesting in its confrontation with the protection of fundamental rights. This is undoubtedly a significant issue when we think about the degree of identification of the Union citizens with the Union itself. The reviewed monograph takes all the above-mentioned elements, focusing in particular on examining how and to what extent the protection of these rights is implemented in the EU legislation on the internal market. The scientific analysis carried out within its scope covered such important and basic rights as personal data protection, freedom of expression, basic rights related to the performance of work and the right to health protection.

Research paper thumbnail of Attempts for Common Understanding of the Concept of Worker as a Consequence of Globalisation?

Studies in Logic, Grammar and Rhetoric, 2017

Globalisation may concern many different issues, among others, the increase in migration that cre... more Globalisation may concern many different issues, among others, the increase in migration that creates opportunities for all. There should be no doubt that globalisation can bring both positive and negative effects to workers. It can be seen as new opportunities for people, because they can travel, work, learn and live in different countries. Simultaneously however it can be perceived as synonymous to job losses, social injustice, or low environmental, health, and privacy standards. As a result of globalisation, the world is becoming more and more complex and the economic importance of state borders is reduced. It should therefore not raise doubts, that global problems require the capacity to agree on coordinated global responses and mechanisms on the basis of international cooperation. Among the basic international organisations which provide solutions for workers who have decided to look for a job in another country, one can generally mention the International Labour Organisation (...

Research paper thumbnail of Protection of Social Rights as a Permament Challenge for the European Union

Review of European and Comparative Law, 2021

Social rights protection in the European Union has undergone significant development. Currently t... more Social rights protection in the European Union has undergone significant development. Currently their protection is regulated by relevant treaty provisions and the Charter of Fundamental Rights (Charter), both of a primary law nature, as well as by the non-binding European Pillar of Social Rights (Pillar). The aim of the paper is the assessment of the social rights protection in the EU, and whether all social rights provided in the CFR have their counterparts in the EPSR, hence whether and in what way the EPSR assists the actual exercise of social rights provided by the CFR. Comparing the content of the above-mentioned legal instruments makes it possible to answer the question whether all social rights provided in the Charter have their counterparts in the Pillar. This can help determine whether the latter affects the implementation of the former. If the answer is in the affirmative, it can further allow for determining in what way the principles of the Pillar assist in the actual e...

Research paper thumbnail of Social Dumping' and 'Letterbox Companies' – Interdependent or Mutually Exclusive Concepts in European Union Law?

Social Science Research Network, Aug 24, 2017

Research paper thumbnail of Zasada proporcjonalności jako obiektywne uzasadnienie ograniczeń w swobodnym przepływie osób w Unii Europejskiej

Opolskie Studia Administracyjno-Prawne, 2016

The principle of proportionality in the EU legal order applies, among others, to actions taken by... more The principle of proportionality in the EU legal order applies, among others, to actions taken by Member States in the situation where they are willing to use, permitted by the EU law, derogation from its provisions, in particular – in the area of internal market freedoms. Derogation from those freedoms will not be justified if it is not absolutely necessary. National regulations must therefore be proportionate to the objective that these restrictions are to protect. With respect to the free movement of persons, as an example of these goals, the protection of fundamental rights could be mentioned. It is vitally important for the realization of an internal market due to the existence of interesting interactions occurring between them and specific ways of applying the principle of proportionality when they collide with each other.

Research paper thumbnail of “Social Dumping” and “Letterbox Companies” – Interdependent or Mutually Exclusive Concepts in European Union Law?

Research paper thumbnail of Przystąpienie do Unii Europejskiej a członkostwo w Unii Gospodarczej i Walutowej

Research paper thumbnail of „Nowe państwa członkowskie” w strefie euro – doświadczenia dla Polski

Research paper thumbnail of Prawa podstawowe jako uzasadnione ograniczenie swobód rynku wewnętrznego Unii Europejskiej

Research paper thumbnail of The Significance of Effective Labour Inspectoratesfor Cross-border Labour Mobility

Przegląd Prawniczy Uniwersytetu im. Adama Mickiewicza, 2019

Efficiently functioning labour inspectorates play a key role for both fair mobility and the prote... more Efficiently functioning labour inspectorates play a key role for both fair mobility and the protection of workers’ rights. They contribute, for example, to combating and eliminat-ing hazardous working conditions, and ensuring that remuneration and social insurance premiums are actually paid. This is significant in the context of the posting of workers in the framework of the provision of services. Establishing the liability regarding compli-ance with the occupational health and safety regulations is causing serious practical dif-ficulties. Therefore, it is important above all to identify initiatives undertaken at the EU level designed to enhance cooperation of national labour inspectors in this field. It is also important to carry out an assessment whether they work efficiently, require systematis-ing, or perhaps it is necessary to undertake more formalised initiatives, e.g. in the form of a new EU institution.

Research paper thumbnail of Recenzja książki Vasiliki Kosta, Fundamental Rights in EU Internal Market Legislation, Oxford and Portland, Oregon 2015, 330 s

Opolskie Studia Administracyjno-Prawne, 2019

Implementation of the internal market is one of the basic aims of cooperation between Member Stat... more Implementation of the internal market is one of the basic aims of cooperation between Member States within the EU, being at the same time an integration area that is perceived positively by both their supporters and opponents. Issues related to the implementation of the internal market freedoms are even more interesting in its confrontation with the protection of fundamental rights. This is undoubtedly a significant issue when we think about the degree of identification of the Union citizens with the Union itself. The reviewed monograph takes all the above-mentioned elements, focusing in particular on examining how and to what extent the protection of these rights is implemented in the EU legislation on the internal market. The scientific analysis carried out within its scope covered such important and basic rights as personal data protection, freedom of expression, basic rights related to the performance of work and the right to health protection.

Research paper thumbnail of Attempts for Common Understanding of the Concept of Worker as a Consequence of Globalisation?

Studies in Logic, Grammar and Rhetoric, 2017

Globalisation may concern many different issues, among others, the increase in migration that cre... more Globalisation may concern many different issues, among others, the increase in migration that creates opportunities for all. There should be no doubt that globalisation can bring both positive and negative effects to workers. It can be seen as new opportunities for people, because they can travel, work, learn and live in different countries. Simultaneously however it can be perceived as synonymous to job losses, social injustice, or low environmental, health, and privacy standards. As a result of globalisation, the world is becoming more and more complex and the economic importance of state borders is reduced. It should therefore not raise doubts, that global problems require the capacity to agree on coordinated global responses and mechanisms on the basis of international cooperation. Among the basic international organisations which provide solutions for workers who have decided to look for a job in another country, one can generally mention the International Labour Organisation (...