Ekonomia i Prawo. Economics and Law https://apcz.umk.pl/EiP <div id="rt-content-bottom"><div class="rt-grid-8 rt-alpha rt-omega"><div class="rt-block box2"><div class="module-surround"><div class="module-content"><div class="custombox2"><p class="text3"><span class="italic_black">Ekonomia i Prawo. Economics and Law</span> is a quarterly double-blind peer-reviewed journal published in print and online on an open access basis. The aim of the journal is to create a solid plane of communication between economists and lawyers in the process of influencing the shape of the state’s institutional order. The topics of scientific articles published in the journal focuses on theoretical and empirical research in the following disciplines:</p><ul id="u84716-12" class="list0 nls-None"><li class="text3">Economics (development economics, economic history, financial economics, institutional economics, international economics, labour economics, mathematical economics, monetary economics, non-market economics, public finance, welfare economics);</li><li class="text3">Finances;</li><li class="text3">Law.</li></ul><br /><span>Journal is covered in </span><a class="nonblock" href="http://mjl.clarivate.com/cgi-bin/jrnlst/jlresults.cgi?PC=EX&amp;ISSN=*1898-2255" target="_blank">Emerging Sources Citation Index (Web of Science Core Collection)</a><span>.</span><br /><img src="/czasopisma/public/site/images/ipietryka/esci3.png" alt="" /></div></div></div></div></div></div> en-US eip@economicsandlaw.pl (Ilona Pietryka) greg@umk.pl (Grzegorz Kopcewicz) Fri, 31 Dec 2021 00:00:00 +0100 OJS http://blogs.law.harvard.edu/tech/rss 60 On the academic freedom in the times of crisis of liberal democracy https://apcz.umk.pl/EiP/article/view/37108 <p>Motivation: The crisis of liberal democracy reveals a new dimension to the dispute over the role of the university. Declining trust in elites and the growing uncertainty during the pandemic challenge the belief that the key aim of the university reform should be to subject it to the global mechanism of competition as well as to introduce modern management principles. In the American society, there is a growing belief that the higher education system in the United States is heading in the wrong direction and that universities are politically biased. Despite this, the American system inspires higher education all over the world, including Poland. Even during the pandemic, the attention of the academic community in Poland is focused on the lists of journals constituting the basis for the evaluation of universities and academics.</p> <p>Aim: The aim of the article is to demonstrate the threats posed by a higher education system governed by the dominant economic and political forces. The author evaluates the economic forces behind the parameterisation and ranking system, challenging the rationality of the Polish higher education reforms. The source of the arguments for academic freedom is the political economy that places economic goals in the perspective of long-term universal goals and examines the complex relationships between the economic, political and moral aspects.</p> <p>Results: Academic freedom is not a privilege of the academic world, but one of the foundations of the successful development of a democratic society because science and education cannot be subject to existing patterns of thinking and current economic and political forces. But modern universities are driven to act like firms in competitive market places and they are following trends set by short-term economic and politic interests. Political economy is an effective tool for analysing functioning of higher education operating in quasi-market conditions, imposed by the dominant market players and the state. Understanding the forces underlying the reform of universities requires an analysis of the processes of interpenetration of economic and political processes, which means that the paradigm of political economy is gaining importance. In view of the requirements imposed on universities, dictated by short-term interests, the most important thing is the awareness that the necessity of state financing means that no solution will guarantee autonomy, if there is no responsibility of the academic community and self-discipline of its members.</p> Janina Godłów-Legiędź Copyright (c) 2022 Janina Godłów-Legiędź https://creativecommons.org/licenses/by-nd/4.0 https://apcz.umk.pl/EiP/article/view/37108 Fri, 31 Dec 2021 00:00:00 +0100 Problems of financing sources for environmental protection in strategic documents of the European Union and Poland in the new financial perspective for 2021–2027 https://apcz.umk.pl/EiP/article/view/37110 <p>Motivation: Over the past two decades, the world, and Poland with it, has faced a huge challenge of transforming its economy towards climate neutrality. The observed effects of climate change, such as abrupt weather changes (prolonged droughts, sudden downpours), increase in average temperatures, environmental pollution, call for systemic and social actions. It should be clearly noted that the responsibility for actions aimed at environmental protection is borne not only by public administration (central and local government), but also by the private sector, as the one using and influencing the environment. The year 2020 brought an unexpected global health crisis caused by the SARS-CoV-2 virus. MFF procedures developed up to that time were modified. The COVID-19 pandemic significantly affected the preparation of legislation, programs, and rules for obtaining funds from them for project implementation. Many legislative works have been postponed, causing delays. The fact of the pandemic has led to the implementation of the Instrument for Reconstruction and Enhancing Resilience, which includes large-scale financial support for public investments and areas such as green and digital projects, in addition to the regular financial perspective. Support will be provided in the form of loans (EUR 360 billion) and grants (EUR 312.5 billion).</p> <p>Aim: The aim of the study is to compare the financial instruments covered by the European Union financial perspectives 2021–2027 with 2014–2020 in the context of environmental funding sources in Poland.</p> <p>Results: Both in the financial perspective 2014–2020 and the new one for 2021–2027, environmental protection issues are one of the main priorities. The continuity of previous structural funds has been preserved and supplemented with new instruments in response to the unprecedented socio-economic situation that has arisen as a result of the global health crisis caused by the SARS-CoV-2 pandemic. As a result of negotiations, EUR 76 billion will be made available to Poland under the EU’s cohesion policy and the Fund for Equitable Transformation, whereas in the previous one the amount was EUR 85.2 billion. The allocation of funds and the directions of spending will not only result from Poland’s development needs, but also (and perhaps above all) from the modified priorities of the Union as a response to the health situation of the EU community after the pandemic and the continuation of existing activities related to research, innovation, digitization, climate and the environment. The launch of individual programmes will allow ongoing analysis and evaluation of both the solutions adopted in strategic documents and their effects.</p> Dagmara Hajdys Copyright (c) 2022 Dagmara Hajdys https://creativecommons.org/licenses/by-nd/4.0 https://apcz.umk.pl/EiP/article/view/37110 Fri, 31 Dec 2021 00:00:00 +0100 Smart legislative regulation: investigation of the behavior of the Czech RIA Committee https://apcz.umk.pl/EiP/article/view/37113 <p>Motivation: This article studies the behavior of the Czech Regulatory Impact Assessment (RIA) Committee during the years between 2013–2018. This institution assesses RIAs of new laws and regulations which are in the process of ratification.</p> <p>Aim: The main aim was to find if the legislative change of February 3, 2016 had a direct impact on the decision-making of the Committee. Further, we ask whether there are other distinct patterns in the behavior of Czech RIA Committee members. Specifically, do the RIA Committee’s verdicts become more negative with time? We also investigate the level of independence of the Committee. In our analysis we used basic statistics: Chi-Square test of independence and regression analysis. To complete our study, we used data from a questionnaire which was distributed among RIA Committee members.</p> <p>Results: In our analysis we found that the legislative change did not have a direct immediate effect on the RIA Committee of the Czech Republic. However, we discovered that the RIA Committee has lost most of its independence and power in the six years of its existence. This change was gradual and most likely catalyzed by pressure from politicians. Further, voting per rollam yielded more positive results. We also discovered an institution whose RIA Committee verdicts differed significantly. Based on the findings of our research, we offer recommendations to the RIA Committee and other institutions with a similar purpose.</p> Julius Janáček, Libor Pacovský, Jiřina Jílková, Jindřich Jílek Copyright (c) 2022 Julius Janáček, Libor Pacovský, Jiřina Jílková, Jindřich Jílek https://creativecommons.org/licenses/by-nd/4.0 https://apcz.umk.pl/EiP/article/view/37113 Fri, 31 Dec 2021 00:00:00 +0100 The role of administrative courts in shaping the development directions of the sustainable development principle: remarks regarding case-law in environmental protection and spatial planning cases https://apcz.umk.pl/EiP/article/view/37114 <p>Motivation: This text presents the results of the process of juridization of the sustainable development principle in international, EU and national law, as well as the development of that principle with regard to the application of law practice.</p> <p>Aim: At the same time, the text attempts to define the role of an administrative court as a body reinterpreting the sustainable development principle in environmental protection and spatial planning cases, bearing in mind both the ecological as well as social justice outlook</p> <p>Results: As a result, the study presented focuses on determining the impact of the administrative courts’ established case-law on the application of the sustainable development principle by national public administration authorities.</p> Sylwia Jaśkiewicz-Kamińska Copyright (c) 2022 Sylwia Jaśkiewicz-Kamińska https://creativecommons.org/licenses/by-nd/4.0 https://apcz.umk.pl/EiP/article/view/37114 Fri, 31 Dec 2021 00:00:00 +0100 Financing framework for local governments: diagnosis and change proposals https://apcz.umk.pl/EiP/article/view/37115 <p>Motivation: The best way to widen access to public services at the local level is to increase efficiency of local government spending. However, an increase in efficiency may refer to output or inputs. In the latter case it does not widen access to public services. Moreover, factors conducive to spending efficiency may be detrimental to local cohesion. Finding a way so that the financing framework for local governments would reconcile the efficiency condition with the conditions of access to public services and local cohesion respectively, is an issue of great importance for economic policy. It seems to be so especially in a country like Poland, where there are large differences in the level of development between regions for historical reasons. These differences, if left accumulating, could easily jeopardize efficiency due to distorted capital flows, not to mention political tensions they may cause.</p> <p>Aim: The article aims at identifying basic features of the financing framework for local governments in Poland that hinder efficiency of their spending and at proposing feasible changes to that framework that would improve the efficiency but not at the expense of local cohesion or access to public services.</p> <p>Results: The article argues that the financing framework of local governments in Poland would better meet conditions of both efficiency and access to public services, if local governments relied mostly on revenues from income taxes instead of transfers from the central government, and some elements of tax competition between local authorities, although restricted to PIT-free allowance, were introduced. Such a shift in local governments revenue composition would not weaken local cohesion, if it was accompanied by an appropriate solidarity subvention financed by the richest voivodeship and the central government, and non-recurring central government revenues were allocated to investments exceeding financial capacity of local governments.</p> Jakub Karnowski, Andrzej Rzońca Copyright (c) 2022 Jakub Karnowski, Andrzej Rzońca https://creativecommons.org/licenses/by-nd/4.0 https://apcz.umk.pl/EiP/article/view/37115 Fri, 31 Dec 2021 00:00:00 +0100 The relationship of economic growth and carbon-dioxide emissions: an application on member countries of Organization of Islamic Cooperation https://apcz.umk.pl/EiP/article/view/37116 <p>Motivation: Humanity has benefited from natural resources in production activities throughout history and this pressure on natural resources has increased even more with the efforts of industrialization. In this process, people benefited heavily from fossil fuels in their production and distribution activities, thereby damaging the environment and the atmosphere to a large extent. With the destruction of the environment, it has become important for the countries and the academic circles to measure environmental damage with the increase of economic activities in order to take various measures.</p> <p>Aim: At this point, in this study, the relationship between economic growth and carbon-dioxide emissions was examined within the scope of 50 countries that are members of the Organization of Islamic Cooperation (OIC). In this process, annual data of the countries concerned between 1995 and 2017 were used; Pedroni Cointegration Analysis, Granger Causality Analysis, Pooled Mean Group Estimator (PMGE) and Mean Group Estimator (MGE) methods were used to measure and estimate the relationship between these two variables. The causality analysis shows that the economic growth is the Granger cause of carbon-dioxide emissions in the country group studied. In addition, the coefficients obtained in PMGE and MGE analyzes were found as 0.43 and 0.33 and were statistically significant and positive. Then, with the help of Hausman Homogeneity Test, it was decided between the two estimators, and it concluded that PMGE Estimator is the more reliable estimator.</p> <p>Results: The results obtained with the PMGE estimator indicate that the 1% increase in economic growth increased carbon dioxide emission by 0.43%.</p> Muhammed Veysel Kaya, Suat Serhat Yilmaz, Mehmet Gökhan Özdemir Copyright (c) 2022 Muhammed Veysel Kaya, Suat Serhat Yilmaz, Mehmet Gökhan Özdemir https://creativecommons.org/licenses/by-nd/4.0 https://apcz.umk.pl/EiP/article/view/37116 Fri, 31 Dec 2021 00:00:00 +0100 Selected aspects of the university social responsibility (USR) in Poland https://apcz.umk.pl/EiP/article/view/37117 <p>Motivation: In accordance with the Law on Higher Education, the mission of the Polish education and science system is to provide top quality education and scientific activity, develop civic attitudes, and be involved in social development and creation of an innovation-based economy. The third mission of an academy focusing on social responsibility is to build mutual relations with the community in order to popularise and implement research results. In recent years, university social responsibility (USR) has turned into one of the priorities for Polish academic authorities, although research shows this to be a new matter in this area, which often leads to incorrect classification of activities resulting from regular obedience of the law as activities confirming the social responsibility of the organisation.</p> <p>Aim: The main objective of this article is to identify examples of socially responsible activity assumed by Polish academies and demonstrate the similarities with such activities conducted by other foreign academies. The author also wanted to associate the name of Professor Karol Adamiecki with social responsibility affairs what is usually overlooked in studies on this subject.</p> <p>Results: The conducted analyses confirmed that Polish academies are assuming socially responsible activity voluntarily and not just in order to fulfil the criterion of conformity with the currently effective laws. Furthermore, these results also confirm that&nbsp;— in comparison with academies abroad&nbsp;— the involvement of Polish academies in implementation of the concept of social responsibility is on the right path of development, although not as popularised, which only confirms the genuine and non-marketing approach to the matter of social responsibility.</p> Jolanta Korkosz-Gębska Copyright (c) 2022 Jolanta Korkosz-Gębska https://creativecommons.org/licenses/by-nd/4.0 https://apcz.umk.pl/EiP/article/view/37117 Fri, 31 Dec 2021 00:00:00 +0100 The productivity of performing art organisations versus labor costs https://apcz.umk.pl/EiP/article/view/37118 <p>Motivation: The study of the problem of “cost disease” contributes to the possibility of creating a model for effective subsidy to cultural institutions operating in the field of performing arts from public funds. The study also forms a part of a broader reflection on the values of culture, the humanism of culture and the economy in general.</p> <p>Aim: This article is to examine the connection between productivity and labor costs in public theatres in Poland. We investigate what the level of productivity depends on. We check whether it is based on costs or the so-called income gap or another factor. We verify whether costs in PAOs in Poland increase according to the theory of Baumol’s cost disease and whether labor costs are particularly significant in total costs.</p> <p>Results: Labor costs should be taken into account when subsidizing performing art organizations, as productivity growth depends on having funds to cover labor costs and increasing employment.</p> Katarzyna Smolny, Małgorzta Gałecka Copyright (c) 2022 Katarzyna Smolny, Małgorzta Gałecka https://creativecommons.org/licenses/by-nd/4.0 https://apcz.umk.pl/EiP/article/view/37118 Fri, 31 Dec 2021 00:00:00 +0100 In search of opportunities for development of microinsurance by drawing on the experience of previous generations https://apcz.umk.pl/EiP/article/view/37119 <p>Motivation: Notwithstanding the 30 years of the market economy, the Polish insurance market still reveals an exceptionally low level of penetration rates and insurance density. Attempts should be made to reduce the protection gap by introducing and popularising microinsurance products.</p> <p>Aim: The research aims to establish whether there exists a need for microinsurance products in Poland and whether there are conditions for its development, which groups it should target and what methods and institutions can reduce the protection gap.</p> <p>Results: Data analysis demonstrated that in Poland the lowest use of insurance coverage to manage risk occurs in the lowest income households, comprising groups of people with relatively low education: disability pensioners, farmers and workers. This results in lack of or limited access to insurance. Looking for a way to counteract this phenomenon, I suggest introducing and popularising microinsurance products targeting towards the above-mentioned groups. However, the use of remote microinsurance distribution channels may prove highly ineffective. Considering the above and the lack of trust in entities operating in the insurance market, it is recommended to create a legal environment enabling the inclusion of institutions and organisations acceptable to and enjoying the trust of these circles in processes involving marketing, distribution and, partially, the servicing of microinsurance. These players should consist of civic organisations, such as volunteer fire brigades, rural housewives’ clubs, activist organisations from religious communities, as well as those set up for mutual protection, e.g., relief and loan funds and savings and loan funds. A separate group targeted by microinsurance should consist of people who are young, open to new trends and interested in obtaining insurance coverage for a limited time, e.g., for the short period when they use a means of personal transport or other rented equipment, for which coverage can be obtained and paid for quickly and without undue formalities.</p> Wanda Sułkowska Copyright (c) 2022 Wanda Sułkowska https://creativecommons.org/licenses/by-nd/4.0 https://apcz.umk.pl/EiP/article/view/37119 Fri, 31 Dec 2021 00:00:00 +0100 Employee’s work on the grounds of Polish Copyright Law https://apcz.umk.pl/EiP/article/view/37120 <p>Motivation: Employees’ works are crucial in practice. The validity and need for discussions on the rights of the employer to the employee’s work is justified by the increasing concern for the observance of copyright, and also for employee–employer relations. By entering into an employment relationship, both parties must be aware of their rights and obligations.</p> <p>Aim: This article presents the issue of copyright status of an employee’s work regulated in the Article 12 and 13 of the <em>Act on copyright and related rights</em>. The considerations focus on the legal relationship between the employer and the employee-author, and the issue of acquiring author’s economic rights to the work created by the employee within the employment relationship. The article is based on the analysis of legal regulations and judicial decisions.</p> <p>Results: Regulating rights to the work created by the employee is dependent on the will of the parties. It is only the absence of contractual terms in this respect that results in a reference to the statutory provisions, which define the rules of transferring copyright for the employee’s work to the employer. Article 12 of the <em>Act on copyright and related rights </em>specifies grounds for secondary acquisition of copyright by the employer. One should remember that this regulation concerns solely author’s economic rights because author’s moral rights, which due to their nature are non-transferable, remain with the author or employee.</p> Monika Szymura Copyright (c) 2022 Monika Szymura https://creativecommons.org/licenses/by-nd/4.0 https://apcz.umk.pl/EiP/article/view/37120 Fri, 31 Dec 2021 00:00:00 +0100 Institutional conditions for the implementation of sustainable development on the example of self-governing agricultural bodies in Poland https://apcz.umk.pl/EiP/article/view/37121 <p>Motivation: The need for balance in the social, environmental and economic developments has been explored by numerous academic disciplines and fostered the implementation of subsequent political agendas both at the global and local levels. The 2030 Agenda for Sustainable Development adopted by the United Nations in 2015 is an example of an international initiative for sustainable development. All the goals of the Agenda were determined in view of global civilizational challenges, but in order for them to be implemented various stakeholders have to be involved, and projects on a national, regional, and local scale have to be carried out. Given the postulate of creating multilateral public and public-private partnerships for sustainable development and the principle of subsidiarity, it seems important to take into account the role of self-governing agricultural bodies in the system, implementing sustainable development goals. Agricultural self-governance is exercised in Poland through agricultural chambers established as public-law associations, forming part of the institutional system of public administration. The scope of tasks performed by these agricultural chambers covers matters of agriculture and rural development, including sustainable development.</p> <p>Aim: In her study the author seeks to answer the questions of whether the self-governing agricultural bodies in Poland are the key entities in the implementation of the postulates of sustainable development, or whether the competences of these agricultural chambers allow them to fully use the social potential of farmers for the dissemination of the concept of sustainable development.</p> <p>Results: The results of the survey demonstrate that the self-governing agricultural bodies play only a superficial role in the implementation of the sustainable development postulates. Although these agricultural chambers are formally established in the public law system, they do not have sufficient executive power, or material, human and financial resources to engage in effective action. The potential of the self-governing agricultural bodies to achieve the goals of sustainable development is not being fully used.</p> Katarzyna Walkowiak Copyright (c) 2022 Katarzyna Walkowiak https://creativecommons.org/licenses/by-nd/4.0 https://apcz.umk.pl/EiP/article/view/37121 Fri, 31 Dec 2021 00:00:00 +0100 Polish National Cittaslow Network: assessment of cities’ membership in the network https://apcz.umk.pl/EiP/article/view/37122 <p>Motivation: The Polish National Cittaslow Network associates 31 members and is the second most biggest national network of slow cities in the world. The network is developing very dynamically. Therefore, it is important to observe this relatively new and not fully recognized process of implementing the <em>slow city</em> model in Polish cities, and to assess the effects of cities’ membership in this network.</p> <p>Aim: The aim of the study was to evaluate effects of the membership of cities in the Polish National Cittaslow Network. The effects were assessed on the basis of a comparative analysis of the results of certification carried out before a city accessed the network with the results of recertification, carried out 5 years into its membership. A diagnostic survey method was also used in the study.</p> <p>Results: The research shows that already in the first five years of the membership in the network, the cities have undertaken many activities to enhance their appeal as a tourist destination, promote local products and protect the historic and cultural heritage. The cities have completed many revitalisation projects. New tourist trails, bicycle paths and recreational areas have been created. Undoubted, the membership in the Cittaslow network has generated many benefits to the cities. This is reflected by the higher degree of the fulfilment of the certification criteria by all cities. This is also confirmed by the results of a diagnostic survey conducted among the mayors of member cities.</p> Wioletta Wierzbicka Copyright (c) 2022 Wioletta Wierzbicka https://creativecommons.org/licenses/by-nd/4.0 https://apcz.umk.pl/EiP/article/view/37122 Fri, 31 Dec 2021 00:00:00 +0100