Krystyna Kowalik-Banczyk | Institute for Legal Studies, Polish Academy of Sciences (original) (raw)
Address: Warsaw, Mazowieckie, Poland
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Papers by Krystyna Kowalik-Banczyk
Prawo Unii Europejskiej, 2004
Studia Prawnicze, Jun 30, 2006
Revue generale de droit international public, 2015
Studia Europejskie / Centrum Europejskie Uniwersytetu Warszawskiego, 2006
Intersentia eBooks, Dec 13, 2017
European Public Law, Mar 1, 2015
Studia Prawnicze, Mar 30, 2005
Market and competition law review, Apr 1, 2017
European Public Law, Mar 1, 2015
Yearbook of Antitrust and Regulatory Studies, 2019
This article examines the scope of the activism of the General Court while exercising its so call... more This article examines the scope of the activism of the General Court while exercising its so called unlimited jurisdiction in antitrust matters. It addresses three main questions: what is the exact scope of unlimited jurisdiction; what should the intensity of control in case of unlimited jurisdiction; and how does the functioning of control in case of unlimited jurisdiction looks in practice (how to readapt or recalculate the amount of fine and, if the court is prone to do this, how to replace the reasoning of the European Commission). Resumé Cet article examine l'étendue des activités du Tribunal de l'Union européenne dans le cadre de sa pleine juridiction en matière de droit de la concurrence. Il s'agit d'aborder trois questions principales: quel est la portée exacte de la pleine juridiction exercée par le Tribunal? Quelle devrait être l'intensité de son contrôle exercé dans le cadre de cette pleine juridiction? Et de quelle manière ce
Studies in European economic law and regulation, 2017
EU competition law has been applied in the Republic of Poland since 1 May 2004. During the 12 yea... more EU competition law has been applied in the Republic of Poland since 1 May 2004. During the 12 years of its application there has been a low number of decisions of the Polish Competition Authority where Article 101 or 102 TFEU had been actually applied. The main underlying reason for this restrictive approach remains either a very narrow definition of the criteria conditioning the application of the EU competition rules adopted by the Polish Competition Authority or, possibly, the lack of reference to these criteria in circumstances that should imply the application of EU law. The Polish Competition Authority rarely identifies the effect on trade between Member States under Article 3 of Regulation 1/2003. The Competition Courts had not yet questioned this practice; therefore it is probably up to the European Commission to signal the need for change of this pattern of using Article 3 of Regulation 1/2003. On the other hand the position taken by the CJEU in the case Tele 2 does not encourage the Polish authorities to apply EU competition law in its full scope either. The text of this chapter is divided into two parts. The first part presents an overview of decisions of the Polish Competition Authority in which an effect on trade between Member States has been identified. The second part presents the application of Regulation 1/2003 in the practice of the Polish Competition Authority and the Polish courts when such an effect has been identified in terms of practical cooperation between different levels of authorities within European Competition Network, with the special focus on the Tele 2 case.
Studia Prawnicze / The Legal Studies
Prawo Unii Europejskiej, 2004
Studia Prawnicze, Jun 30, 2006
Revue generale de droit international public, 2015
Studia Europejskie / Centrum Europejskie Uniwersytetu Warszawskiego, 2006
Intersentia eBooks, Dec 13, 2017
European Public Law, Mar 1, 2015
Studia Prawnicze, Mar 30, 2005
Market and competition law review, Apr 1, 2017
European Public Law, Mar 1, 2015
Yearbook of Antitrust and Regulatory Studies, 2019
This article examines the scope of the activism of the General Court while exercising its so call... more This article examines the scope of the activism of the General Court while exercising its so called unlimited jurisdiction in antitrust matters. It addresses three main questions: what is the exact scope of unlimited jurisdiction; what should the intensity of control in case of unlimited jurisdiction; and how does the functioning of control in case of unlimited jurisdiction looks in practice (how to readapt or recalculate the amount of fine and, if the court is prone to do this, how to replace the reasoning of the European Commission). Resumé Cet article examine l'étendue des activités du Tribunal de l'Union européenne dans le cadre de sa pleine juridiction en matière de droit de la concurrence. Il s'agit d'aborder trois questions principales: quel est la portée exacte de la pleine juridiction exercée par le Tribunal? Quelle devrait être l'intensité de son contrôle exercé dans le cadre de cette pleine juridiction? Et de quelle manière ce
Studies in European economic law and regulation, 2017
EU competition law has been applied in the Republic of Poland since 1 May 2004. During the 12 yea... more EU competition law has been applied in the Republic of Poland since 1 May 2004. During the 12 years of its application there has been a low number of decisions of the Polish Competition Authority where Article 101 or 102 TFEU had been actually applied. The main underlying reason for this restrictive approach remains either a very narrow definition of the criteria conditioning the application of the EU competition rules adopted by the Polish Competition Authority or, possibly, the lack of reference to these criteria in circumstances that should imply the application of EU law. The Polish Competition Authority rarely identifies the effect on trade between Member States under Article 3 of Regulation 1/2003. The Competition Courts had not yet questioned this practice; therefore it is probably up to the European Commission to signal the need for change of this pattern of using Article 3 of Regulation 1/2003. On the other hand the position taken by the CJEU in the case Tele 2 does not encourage the Polish authorities to apply EU competition law in its full scope either. The text of this chapter is divided into two parts. The first part presents an overview of decisions of the Polish Competition Authority in which an effect on trade between Member States has been identified. The second part presents the application of Regulation 1/2003 in the practice of the Polish Competition Authority and the Polish courts when such an effect has been identified in terms of practical cooperation between different levels of authorities within European Competition Network, with the special focus on the Tele 2 case.
Studia Prawnicze / The Legal Studies
For some time now, the European Court of Human Rights is under substantial pressure. From a case ... more For some time now, the European Court of Human Rights is under substantial pressure. From a case overload crisis it stumbled into a legitimacy crisis with regard to certain countries. This should be taken seriously, since scholars warn that institutions with eroding legitimacy risk demise or reform. The goal of this volume is to explore how widespread this critical attitude of the European Court of Human Rights really is. It also assesses to what extent such criticism is being translated in strategies at the political level or at the judicial level and brings about concrete changes in the dynamics between national and European fundamental rights protection. The book is topical and innovative, as these questions have so far remained largely unexplored, especially cross-nationally.
Far from focusing exclusively on those voices that are currently raised so loud, conclusions are based on comparative in-depth reports, covering fifteen Contracting Parties and the EU.
With contributions of Olgun Akbulut, Tilmann Altwicker, Katarzyna Blay-Grabarczyk, Anna Gamper, Janneke Gerards, Krystyna Kowalik-Bańczyk, Sarah Lambrecht, Koen Lemmens, Lubomir Majerčík, Giuseppe Martinico, Roger Masterman, Aaron Matta, Christophe Maubernard, Armen Mazmanyan, Katharina Pabel, Eszter Polgári, Patricia Popelier, Clara Rauchegger, Michael Reiertsen and Henrik Wenander.