Cyberspace is one of the major bases of the economic development of industrialized societies and developing. The dependence of modern society in this technological area is also one of its ...vulnerabilities. Cyberspace allows new power policy and strategy, broadens the scope of the actors of the conflict by offering to both state and non-state new weapons, new ways of offensive and defensive operations. This book deals with the concept of "information war", covering its development over the last two decades and seeks to answer the following questions: is the control of the information space really possible remains or she a utopia? What power would confer such control, what are the benefits?
The concept of procedural fairness plays an important role in the enforcement of competition law, which must not only be effective but also fair. Thus, legal institutions should guarantee a proper ...level of protection of the values of procedural fairness. This paper is dedicated to the possible conflict between the guarantees of procedural fairness that find their expression in the right to be heard and in the protection of confidential information. Both guarantees, the right to be heard on the one side, and the protection of confidential information on the other, should be properly balanced. Unlike EU law, Polish legislation and jurisprudence proves to be inefficient in this respect. Article 69 of the Competition Act fails to show clearly what the limits of the protection of confidential information are in situations when the right to be heard of other parties of antitrust proceedings is at stake. Business secrets are predominantly protected over the right to be heard also in the jurisprudence of Polish courts. By contrast, the Competition Act does not seem to properly protect confidential information other than business secrets. Such situation poses a risk for the adequate level of protection of procedural fairness in Polish antitrust enforcement. Moreover, neither Polish legislation nor jurisprudence explains to companies what shall prevail in the case of a concrete conflict between the protection of business secrets and the right to be heard. An answer to this questions is needed seeing as proof of a competition law infringement which should be accessible to the parties, can at the same time constitute a business secret
Rule of Law in Public Procurement Farca, Laura; Dragoş, Dacian; Bogdanowicz, Piotr
European procurement & public private partnership law review,
2019, Volume:
14, Issue:
2
Journal Article
The aim of this study is to look at the specifics of Romania and Poland in addressing the manner in which contracting authorities implement the transparency principle in public procurement award ...procedures. Generally, the practical applicability of this principle arises during both the public procurement award procedures and the contract performance. Yet, disclosure rules slightly vary in both Member States. As a common feature, in practice the level of disclosure during the performance of public procurement contract seems to be quite limited in both Poland and Romania.
The concept of procedural fairness plays an important role in the enforcement of competition law, which must not only be effective but also fair. Thus, legal institutions should guarantee a proper ...level of protection of the values of procedural fairness. This paper is dedicated to the possible conflict between the guarantees of procedural fairness that find their expression in the right to be heard and in the protection of confidential information. Both guarantees, the right to be heard on the one side, and the protection of confidential information on the other, should be properly balanced. Unlike EU law, Polish legislation and jurisprudence proves to be inefficient in this respect. Article 69 of the Competition Act fails to show clearly what the limits of the protection of confidential information are in situations when the right to be heard of other parties of antitrust proceedings is at stake. Business secrets are predominantly protected over the right to be heard also in the jurisprudence of Polish courts. By contrast, the Competition Act does not seem to properly protect confidential information other than business secrets. Such situation poses a risk for the adequate level of protection of procedural fairness in Polish antitrust enforcement. Moreover, neither Polish legislation nor jurisprudence explains to companies what shall prevail in the case of a concrete conflict between the protection of business secrets and the right to be heard. An answer to this questions is needed seeing as proof of a competition law infringement which should be accessible to the parties, can at the same time constitute a business secret.
