Month: June 2023

The semi-final of the Young European Lawyers Contest (ERA) 2023 organised by the Academy of European Law (ERA) at the Faculty of Law of Vilnius University in Lithuania, provided a lot of excitement for both the participants and the jury. Young lawyers from 9 countries of the European Union, and among them our trainee lawyer Maksymilian Jablecki, fought to qualify for the final of the YELC 2023 competition, which will be held in Trier, Germany and the Court of Justice of the European Union in Luxembourg.

Maksymilian’s team of young lawyers from Poland, France, Estonia and Belgium defended a previously prepared written report before an international jury on the violation of fundamental rights and state responsibility under European Union law in the context of climate change and pollution disputes.

We congratulate Maksymilian and his team on advancing to the final of the YELC 2023 competition!

The entire Romanowski & Partners team is keeping its fingers crossed for Maks’ success in the November final of the YELC 2023 competition!

Prof. Michał Romanowski, as co-author of the latest edition of Systemu Prawa Prywatnego Volume 9 ‘Contract Law – Unnamed Contracts’, describes issues relevant to the investment market, including: brokerage commission agreements, relations between a brokerage house and an investor, and the liability of a brokerage house. Prof. Michał Romanowski also analyses securities underwriting agreements and sponsored issue of depositary receipts, securities derivatives agreements – option and futures contracts.

“The promotion of a non-named contract to the category of named contracts usually leads to a restriction of the principle of freedom of contract. The interpenetration and coexistence of public and private law in the sphere of economic transactions is inevitable. Private law regulation fills, as it were, with content the framework outlined by public law regulation. Public law regulation should fulfil a service role in relation to private law regulation. The problem lies not in the lack of instruments guaranteeing the protection of clients’ interests, but in the inadequate use of these instruments. The interests of clients of investment firms are (or at least should be) guarded by: FSA, courts, prosecutor’s office, President of the Office of Competition and Consumer Protection. However, some contracts should be regulated by law and be given the status of a named contract – an example of such a contract is the brokerage order contract, which is currently regulated in a fragmentary way. ‘ – says Professor Michał Romanowski.

Link.

“The decisions of the Russian Influence Investigation Commission mean potential destabilisation for business and citizens, who will spend years pursuing their rights in the courts, including compensation. But it could cause irreparable damage. On the basis of the law passed by the Sejm and signed by the President, private companies and their executives can also be summoned before the commission, as well as trade union activists, representatives of private employers’ organisations, opposition party politicians, representatives of associations and foundations helping refugees,” warns Professor Michał Romanowski in an interview with Wyborcza.

Business, in order to grow, needs good law, independent courts, stability and security. Protecting rights requires procedural safeguards such as attorney-client privilege, and the law allows the commission to waive these privileges. The only protection appears to be the determination of the unconstitutionality of the provisions of this law through diffuse constitutional review. For this we need politically independent courts and independent judges. Therefore, despite the fact that the essence of our law firm’s activity is advising businesses, we have become involved in the fight for independent courts, defending judges Igor Tuleyi, Paweł Juszczyszyn, Ewa Leszczyńska-Furtak, Ewa Gregajtys and Marzanna Piekarska-Drążek, as well as Krzysztof Krygielski, who have faced and continue to face further repression for ruling and acting against the will of the executive.

We encourage you to read the entire interview: Here.