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Abstract

The mineral resources security is the most current and important problem. In the age of minerals, each deposit can be a source of an impulse for the development of innovative technologies. For this aim we should look for the rational and optimal management of resources. However, this is not a simple task, as indicated by subsequent years without the national mineral policy. The difficulty in securing deposits lies mainly in the complexity of this topic. It requires developing a vision, taking a direction, building appropriate tools and implementing them consistently. The article presents the current problems in the field of securing deposits against the announced national mineral policy. The authors reach for the analyses which were made in recent years regarding the country’s raw material management and indicate the scope of activities that should be taken to secure the deposits. What are the tasks in the draft of mineral policy and what is the scope of activities to secure the deposits that should be taken. The securing of deposits is primarily understanding the possibility of development deposits by their extraction. Therefore, it is misleading and inadequate to apply the term „resources pro-tection”. According to the authors it builds an unnecessary conflict between the mining industry and natural scientists who want to preserve the environmental resources untouched. The article also points out the main areas of action needed to effectively secure the resources, and also gives outline the solutions. Valorization works, preceded by verification of the quality of the geological documentations are of great importance for the creation of effective tools to protect resources. The result of these activities should be the long-awaited ranking list of deposits. Subsequently, the authors of the article suggest legislative changes in the field of spa-tial planning and environmental procedures.

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Authors and Affiliations

Zbigniew Kasztelewicz
Miranda Ptak
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Abstract

This article deals with the problem of the right to social security in the state of residence in the light of Regulation No 883/2004 on the coordination of social security systems. The judgment of the Court of Justice of 8 May 2019 in case C-631/17 SF v Inspecteur van de Belastingdienst served as an inspiration for the above-mentioned topic. In its judgement the Court has made a binding interpretation of Article 11(3)(e) of the said Regulation in the context of the situation of a national of a member state employed as a seaman on board a vessel flying the flag of a third state by an employer established in a member state other than the worker’s state of residence. The aim of the article is to justify the right to social security in the state of residence based on Article 11(3)(e) of the Regulation 883/2004. The analysis shows that it is necessary to introduce appropriate changes to the Polish legislation on the social security system. Simultaneously, as far as seafarers are concerned, it is desirable to consider the specificities of the work at sea, including the introduction of maritime social security as a specific type of social security, similar to French law for instance. The changes should be introduced gradually to avoid the risk of decline in the employment of Polish seafarers by EU shipowners.
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Authors and Affiliations

Sylwia Majkowska-Szulc
1

  1. Zakład Prawa Prywatnego Międzynarodowego, Katedra Prawa Cywilnego, Wydział Prawa i Administracji Uniwersytetu Gdańskiego
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Abstract

Geological and Mining Law enforced in Poland does not provide adequate regulations assuring financial means for a mine closure and mined land rehabilitation. The gradual accumulation of funds within a framework of a mine rehabilitation fund may not provide the full coverage of costs of all the necessary works in the event the exploitation is terminated before lifting all minable resources.

Regulations defining the duties of mining enterprises lack specific preclusions related to assurance of financial means for mine closures in the event a mining license is issued by a staroste (prefect). To address this problem a simplified estimation method for establishing closing costs is put forward in the first stage. This is based on unified indicators related to deposits’ reserves or acreage used for mining activities.

The equivalent of the closure costs established in this manner shall be paid to an escrow account on a similar basis as means of rehabilitation funds are put aside. However, paying the entire amount either in one (preferably) or two instalments is recommended. The introduction of this recommendation requires an amendment to the Geological and Mining Law as well as securing appropriate competences in staroste’s offices along with a convincing communication campaign.

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Authors and Affiliations

Ryszard Uberman
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Abstract

This article examines the meaning and evolution of the practical implementation of the ‘genuine link’ concept over the years since the rise of the flag-of-convenience (FOC) registries in the 1920s. The author notes that while the competition between Flag States become fiercer, the regulations on ship safety, pollution prevention or shipboard working and living conditions are becoming standardized and ubiquitous. By being regulated by international instruments, in effect restricting regulatory powers of Flag States. Likewise, the enforcement of these provisions is becoming internationalized – with the omnipresence of classification societies and introduction of PSC regimes. At the same time, author identifies a lack of adequate regulations in respect of employment of seafarers, most notably wages and social security contributions, both at the national (Flag State) and international level. This legal loophole encourages Port States to introduce local solutions, irrespective of Flag State regulations. Such developments weaken the ‘genuineness’ of the ‘genuine link’ between ship and its Flag State.
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Authors and Affiliations

Paweł Krężel

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