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Of Uropean E L Omparative Aw e-ISSN 2545-384X REVIEW OF EUROPEAN AND COMPARATIVE LAW Volume 45 2021/2 THE JOHN PAUL II CATHOLIC UNIVERSITY OF LUBLIN FACULTY OF LAW, CANON LAW AND ADMINISTRATION EDITORIAL BOARD Andrzej HERBET (Editor-in-Chief) Marcin BURZEC Małgorzata GANCZAR Luigi Mariano GUZZO Katarzyna MIASKOWSKA-DASZKIEWICZ Soraya RODRIGUEZ LOSADA Robert TABASZEWSKI Jacek TRZEWIK Magdalena SAWA (Secretary) SCIENTIFIC COUNCIL Prof. Gabriel Bocksang Hola (Pontical Catholic University of Chile, Republic of Chile) Prof. Paolo Carozza (Notre Dame Law School, USA) Ks. Prof. dr hab. Antoni Dębiński (e John Paul II Catholic University of Lublin, Poland) Prof. Xiangshun Ding (Renmin Law School, University of China, China) Prof. Dr. Tamás M. Horváth (University of Debrecen, Hungary) Prof. Miomira Kostić (University of Niš, Republic of Serbia) Prof. Alfonso Martínez-Echevarría y García de Dueñas (University CEU San Pablo, Spain) Prof. Carmen Parra Rodriguez (University Abat Oliba CEU, Spain) Prof. Christoph U. Schmid (University of Bremen, Germany) Prof. Gianluca Selicato (University of Bari Aldo Moro, Italy) Prof. dr. Stanka Setnikar-Cankar (University of Ljubljana, Slovenia) Prof. Dr. Dr. h.c. mult. Reinhard Zimmermann (Max Planck Institute for comparative and international Private Law Hamburg, Germany) REVIEW OF EUROPEAN AND COMPARATIVE LAW Volume 45 2021/2 Wydawnictwo KUL Lublin 2021 Cover design Agnieszka Gawryszuk Cover design AgnieszkaTypesetting Gawryszuk Jarosław Łukasik Typesetting Jarosław Łukasik © Copyright© Copyright by Katolicki by Wydawnictwo Uniwersytet KUL, Lubelski Lublin Jana 2020 Pawła II © Copyright by WydawnictwoNOTE TO AUTHORS KUL, Lublin 2020 ee Editor Editor will will be be pleased pleased to to consider consider contributions contributions provided provided they they are are not not submitted submitted for for publication publication in in otherother journals. journals. Articles Articles must must be be presented presented in in their their final �nal form form in in English.English. Special �pecial attention attention should should be be given NOTE TO AUTHORS given toto quotations, quotations, footnotes footnotes and and references, references, which which should should be be accurate accurate and and complete complete (speci�c e Editor will be pleased to consider contributions provided they are not submitted for publication in formatting rules(specific are available formatting on the rulesReview are website). available e on submissionthe Review ofwebsite). the text indicates that other journals. Articles must be presented in their �nal form in English. �pecial attention should be authors consent, in the event of its publication, to the automatic transfer of all copyrights therefore to given to quotations, footnotes and references, which should be accurate and complete (speci�c the Publisher of the Review of European and Comparative Law. formatting rules are available on the Review website). e submission of the text indicates that authors consent, in the event of its publication, to the automatic transfer of all copyrights therefore to the Publisher of the Review of European and Comparative Law. e-ISSN 2545-384X ee originaloriginal e-ISSN versionversion is2545-384Xis thethe electronicelectronic version.version. e papers are licensed under a Creative Commons (Attribution 4.0 International). e original version is the electronic version. Wydawnictwo KUL, ul. Konstantynów 1 H 20-708 Lublin, tel. 81 740-93-40, fax 81 740-93-50 e-mail: [email protected] Wydawnictwohttp://wydawnictwo.kul.lublin.pl KUL, ul. Konstantynów 1 H 20-708 Lublin, tel. 81 740-93-40 e-mail: [email protected] http://wydawnictwo.kul.lublin.pl TABLE OF CONTENTS IZABELA BENTKOWSKA-FURMAN SUPERVISION AND CONTROL OVER THE ACTIVITIES OF PUBLIC BENEFIT ORGANIZATIONS IN THE ASPECT OF CENTRALIZATION . .. 7 MICHALINA KOWALA COLLECTIVE WORK AS AN INSPIRATION FOR LEGAL QUALIFICATION OF COMPUTER-GENERATED WORKS – COMPARATIVE ANALYSIS OF THE INSTITUTION FROM POLISH AND FRENCH COPYRIGHT LAW PERSPECTIVE . 35 PAweł HAJDUK THE POWERS OF THE SUPERVISORY BODY IN THE GDPR AS A BASIS FOR SHAPING THE PRACTICES OF PERSONAL DATA PROCESSING . 57 PAULA MARIA BIałkOWSKA LEGAL AND ETHICAL GROUNDS OF PROFESSIONAL SECRECY OF A LAWYER IN SELECTED EUROPEAN UNION COUNTRIES AND IN THE UNITED STATES OF AMERICA . 77 MILENA KLOCZKOWSKA EMPLOYMENT OF ADOLESCENTS AND CHILDREN IN THE ASPECT OF POLISH EDUCATIONAL REFORM – CHOSEN LEGAL PROBLEMS . 105 MACIEJ NYKA STATE RESPONSIBILITY FOR CLIMATE CHANGE DAMAGES . 131 MałGORZATA POLKOWSKA SPACE TOURISM CHALLENGES . 153 EWA KOWALEWSKA THE ROLE OF THE CENTRAL BANK IN FOREIGN EXCHANGE INSPECTION IN SELECTED COUNTRIES OF THE EUROPEAN UNION – AS SEEN IN THE EXAMPLE OF POLAND, THE CZECH REPUBLIC AND GERMANY . 183 ANNA BłACHNIO-PARZYCH GLOSS TO THE JUDGEMENT OF THE COURT OF JUSTICE OF THE EUROPEAN UNION IN CASE C-524/15 , CRIMINAL PROCEEDINGS AGAINST LUCA MENCI . 207 MIchał LEWANDOWSKI REVIEW OF MACIEJ JOŃCA, ROMAN LAW. MIRABILIA , C .H . BECK, WARSZAWA 2020 . 221 REVIEW OF EUROPEAN AND COMPARATIVE LAW VOLUME XLV YEAR 2021, ISSUE 2, pp . 7–34 DOI: https://doi .org/10 .31743/recl .11337 SUPERVISION AND CONTROL OVER THE ACTIVITIES OF PUBLIC BENEFIT ORGANIZATIONS IN THE ASPECT OF CENTRALIZATION Izabela Bentkowska-Furman * ABSTRACT The main aim of this article is to look at supervision and control of public benefit organizations in Poland regarding to civil society organizations in Europe and the national supervisory systems relevant to these organizations . Also considered is the legal system in the UE, which provides recommendations for NGOs operating in its Member States . This text focuses on changes in the supervision and control over the activities of public benefit organizations in the aspect of centralization in Poland, resulting from the powers of new government administration bodies, including in particular the entitlements of the Head of the Public Benefit Com- mittee . The aim of the research is to present and analyse the current legal solutions in the field of supervision and control over public benefit organizations in Poland and to compare the legal status with the situation before the fundamental amend- ment to the Act on Public Benefit and Volunteer Work . Keywords: civil society, public benefit organization, non-governmental organiza- tion, supervision, control * Izabela Bentkowska-Furman, M .A ., Teaching Associate at the Department of Administration Science, Institute of Legal Sciences, University of Rzeszów; correspond- ence address: Grunwaldzka 13, 35-068 Rzeszów, Poland; e-mail: ibentkowska@ur .edu .pl; https://orcid .org/0000-0002-1200-0580 . 7 Izabela Bentkowska-FURMAN 1 . INTRODUCTION The concept of a modern democratic state includes a specific model of the relationship between the state and society . It is based on the assump- tion of the existence of impassable limits for state interference in the area of rights and fundamental civil liberties, while maintaining the right pro- portions between group and public interest1 . The legal framework for civil society organizations typically permits organizations to be created in dif- ferent forms to pursue private or public benefit aims . In most countries in Europe benefits are extended to public benefit organizations, based on their purposes and activities . In return it is required they are subject to a higher level of governance and accountability2 . The state also has special powers to control and supervise such organizations . By providing benefits, the state seeks to promote certain designated activities, usually related to the common good and the organizations pursuing such activities are given many different labels i .e . “charities” or “public benefit organizations”3 . An important element in the construction and functioning of civil so- ciety is the existence and efficient operation of those organizations that are not part of state structures but pursue public benefit objectives, especially in countries that are still strengthening democratic societies like Poland . An important element in the process of building civil society in Poland was the Act on Public Benefit and Volunteer Work of April 24, 2003 (i .e . Journal of Laws of 2020, item 1057, hereinafter the Act on Benefit), which was the implementation of the state subsidiarity principle . “The pre- amble to the Constitution of 1997 includes a description of Poland’s sys- temic path, along with the emphasis on the independence and democratic experiences, an indication of universal constitutional values and the basic principles organizing the life of the state community, such as: democra- 1 Jolanta Blicharz, Administracja publiczna i społeczeństwo obywatelskie w państwie prawa (Wrocław: Prace naukowe WPAiE Uniwersytetu Wrocławskiego, 2012), 55 . 2 David Moore, Katerina Hadzi-Miceva and Nilda Bullain, “Europe: Overview of Public Benefit Status . A Comparative Overview of Public Benefit Status in Europe,” The In- ternational Journal of Not-for-Profit Law11, no . 1 (November 2008), https://www .icnl .org/ resources/research/ijnl/a-comparative-overview-of-public-benefit-status-in-europe-2 . 3 Moore, Hadzi-Miceva, and Bullain, “Europe: Overview of Public,” https://www .icnl .org/resources/research/ijnl/a-comparative-overview-of-public-benefit-status-in-europe-2 . 8 SUPERVISION AND CONTROL OVER THE ACTIVITIES OF PUBLIC BENEFIT ORGANIZATIONS cy, respect for individual rights, cooperation between authorities, social dialogue and the principle of subsidiarity (subsidiarity)”4 . It should be emphasized that these values, and the
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