Współczesny kryzys migracyjny a uwarunkowania międzynarodowoprawne

Studia Prawnicze 2016, nr 3, s. 67-98.

The text of Przemysław Saganek is a part of a wider discussion on the Mediterranean migration crisis. The author underlines the multi-aspect character of the crisis and the fact that several branches of international law which are at stake in it. They cover: the law on refugees, human rights, the law of the sea, the maritime law, the rules on territorial sovereignty and on the crossing of borders. What is of importance are customary norms, treaties and norms of the EU law. The idea of the author is to look at the instruments of international law which may act as incentive for hundreds of thousands of newcomers or as main obstacles for the states to put an end to uncontrolled inflow of people through their borders. His idea is to identify such instruments and start discussion on their possible suspension or termination if the crisis persists. The author comes to the conclusion that the definition of a refugee from the 1951 Geneva Conventionis not by itself a source of problems. The same concerns the subsidiary protection as introduced by the EU qualification directive. The same can be said about the scope of rights of persons covered by the international protection. The only element which requires discussion is the possible redefinition of the right to national treatment as regards the social aid. On the other hand, the scope of powers of states to defend their borders depends on the interpretation of the EU instruments on the protection of borders and the rights of applicants for international protection. The author comes to the conclusion that neither the procedural directive, nor the 2016 Schengen Border Code can be interpreted as a source of the right of an applicant to enter the territory of a Member State. On the other hand, the geographical conditions and the law of the sea make Greece and Italy the most vulnerable for the inflow of persons. The necessity of important changes to the law and its interpretation are referred to in a general way.

Niemieckie przepisy o płacy minimalnej a prawo Unii Europejskiej

Polskie firmy transportowe a niemiecka płaca minimalna w świetle prawa Unii Europejskiej / redakcja naukowa Jan Barcz i Przemysław Saganek ; autorzy: Jan Barcz [i 6 pozostałych]. Warszawa : Dom Wydawniczy Elipsa, 2016, s. 57-82.

Unilateral acts of states in public international law

Leiden ; Boston : Brill Nijhoff, copyright 2016

Seria: Queen Mary Studies in International Law vol. 22

ISBN 9789004274600; 9789004274617 e-book

VI, [2], 662 strony. Bibliografia na stronach 641-656. Indeks.

In Unilateral Acts of States in Public International Law Przemysław Saganek discusses one of the most important sources of States’ obligations in international law. He analyzes in a critical way the classical catalogue of unilateral acts comprising: promise, waiver, recognition and protest. He convincingly proves that this list is misleading as it oversees several important acts of States. On the other hand, several classical acts do not necessarily give rise to legal effects or are not necessarily unilateral. The author undertakes a thorough analysis of several types of acts, showing their similarities and dissimilarities. He concludes that the group category of ‘unilateral acts’ covers such diverse elements that they could be hardly codified in a single set of rules.

Polskie firmy transportowe a niemiecka płaca minimalna w świetle prawa Unii Europejskiej

Współautorstwo: Barcz, Jan

Warszawa : Dom Wydawniczy Elipsa, 2016

ISBN 9788380171091

132 strony.

The refugees crisis : a few remarks from the perspective of a lawyer

Perspectives of Security in Europe : Current Challenges, EU Strategies, International Cooperation : 7th Network Europe Conference Yerevan, 15th - 17th July 2015 / Andreas Kellerhals, Tobias Baumgartner (Hrsg.). - Zürich: Schulthess, 2016, s. 175-211.