Allerhand annualreport2013

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Allerhand Institute Pl. Sikorskiego 2/7 CRACOW, Poland www.allerhand.pl Annual Report 2013

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Transcript of Allerhand annualreport2013

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Allerhand Institute

Pl. Sikorskiego 2/7CRACOW, Poland

www.allerhand.pl

AnnualReport

2013

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TABLE OF CONTENTS

Foreword from the AI President...........................................................................................................................................2013 in a nutshell ..................................................................................................................................................................Events held by the Allerhand Institute in 2013

Congresses ..............................................................................................................................................................................Meetings, seminars and workshops.........................................................................................................................

Representations International .........................................................................................................................................................................

National ................................................................................................................................................................................Under the Allerhand Institute auspieces ...........................................................................................................................Allerhand Advocacy ..............................................................................................................................................................Scientific and research activities

Research projects ............................................................................................................................................................Sections activity ..................................................................................................................................................................Grants ...................................................................................................................................................................................Sucesses of the Allerhand Institute members ............................................................................................................

Team ............................................................................................................................................................................................From the Institute’s life ..........................................................................................................................................................Publications ..................................................................................................................................................................................Honorary patrons ...................................................................................................................................................................Partners .....................................................................................................................................................................................

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Designed by: M

ichał Pacułt

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the year 2013 that had recently passed was for us another year of the experiment entitled “private initiative in the public interest - private means in the public service”. In my opinion one can still state that this experiment is a suc-cessful one. One must with satisfaction note - and add to the events of 2013 - the fact that the Allerhand Institute received the status of Public Benefit Organisation.

This status allows the Institute to collect financial means un-der the 1%. Applying for these means is not an easy task as there is a multitude of typical charity organisations, however there are also people who believe that investing in systemic work such as the one undertaken by the Institute bears not only short-term but also long-term fruits. I would like to warmly thank all those who remembered the Institute while filling this year’s tax return and also ask you to keep us in mind in the years to come. I hope that the Annual Report that we provide you with will keep its readers convinced about the fact that the Allerhand Institute has served the pu-blic interest well and there is deep sense of working together, even if the effects of this work do not appear overnight.

The Allerhand Institute’s previous year of activity had se-veral strong accents. I believe the enterprise that was the most visible one was the Institute’s intensive participation

in the public debate concerning the constitutionality of the retirement system changes. This participation abounded in press and research publications as well as in research confe-rences, press conferences and media appearances of other kind. Views formulated in publications and during the con-ferences resonated strongly and were often cited in public

Dear Friends, Supporters and Benefactors of the Allerhand Institute,

Arkadiusz RadwanPresident of Allerhand Institute

“One must with satisfaction note - and add to the events of 2013 - the fact that Allerhand Institute

recived the status of Public Benefit Organisation”

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debate and expert confrontations. Certainly, also in 2014, the contribution of the Institute’s experts will play a crucial role, for example if one takes the fact that the act amending the retire-ment system was referred to the Constitutional Tribunal into consideration. 2013 was also the year of many congresses and conferences. Nearly every month the Institute invited representatives of science, public administration, politics, business and law firms to participate in sector congresses from the Allerhand Summits series. One should also mention the organisation of major in-ternational conference on business and human rights.What is also pleasing is the fact that new research sections are being created - in 2013 the Dispute Resolution Section directed by Kamil Zawicki, attorney at law, commenced its activity.The institute also works in the realm of legislation and spre-ading legal awareness. After the big success of Ministry Group

for Bankruptcy and Reorganization Law to which the contri-bution of AI Insolvency Law Section was crucial, nowadays the Institute participates in the works of the Ministry Group for Mediation and Amicable Means of Disputes Resolution which comprises the reform of legal and institutional conditions of mediation and arbitration in Poland.The Institute - together with the Belarusian Helsinki Commit-tee - also conducts the ‘I have a right’ project that provides fore-igners in Poland, Belarus and Ukraine with legal information.What is important on the international level, is presence of the Institute representatives in the works for the European Com-mission concerning the draft of the new directive on single-member companies.The Institute conducts frontier research, especially empirical studies concerning company law. The Institute has participa-ted in international research projects, which resulted in publi-cations. One must above all list Europa-Universität Viadrina (Frankfurt Oder) and Univerity of Oslo among the institutional project partners. The above is only a short note, an introduction to the retrospec-tive that can be found in the 2013 Annual Report that you receive.

Keeping in kind memory all signs of your kindness and sup-port in the previous years, I hope that our cooperation will be

fruitful, useful and satisfactory in 2014. I wish all Allerhand Institute Friends, Supporters and Benefactors a lot of goodness, warmth and prosperity in all your plans, I wish a lot of creati-vity in sketching out dreams and an equal amount of stability and perseverance in looking after them and making them come true. I would like to thank all the Allerhand Institute Team of co-workers that is precious and dear to me, for all the difficulties and hard work that is inscribed under ‘2013’. As regards the dif-ficulties and hard work, I guess there will be no less of them in the next year, I believe, however, that there is merit in working hard and facing difficulties anew each and every day.

Arkadiusz Radwan President of the Management Board of the Allerhand Institute

The Institute conducts frontier research, especially empirical

studies concerning company law

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2013 in a nutshell

The most important and most interesting events at the Allerhand Institute in 2013

The Allerhand Institute receives the status of public

benefit organisation

Allerhand Summits: the Institute organises 10 national

legal and economic congresses, in which, among others,

Vice-Ministers of Economy, Finance, Justice as well as

Minister of Labour and Social Policy participate

The Institute organises a several day stay in Poland

for UN representative for business and human rights

which concludes with the conference entitled:

“Implementation of Business and Human Rights UN

Guiding Principles. Chances, Challenges and National

Scheme of UN Guiding Principles Implementation”

The Institute creates the Dispute Resolution Section

headed by Kamil Zawicki, attorney at law

SRS“I have a right” project

www.mam-prawo.org

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Bartosz Groele, Vice-president of Allerhand Institute

among the most promising young lawyers according

to the ‘Rising Stars 2013’ ranking of Dziennik Gazeta

Prawna

Members of the Institute included by the Minister of

Economy in the Group for Mediation

Open-End Pension Funds discussion - the Institute

and its members actively participate in the discussion

concerning amendments to the retirement system

The Allerhand Institute’s participation in international

research projects

”Academy of Corporations ” series of lectures

OFE

Arkadiusz Radwan, PhD is among the 50 most influential

Polish lawyers according to Dziennik Gazeta Prawna

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EVENTS

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In 2013, the Allerhand Institute organised 10 national legal and economic congresses in which many emi-nent guests and experts participated including gover-nment representatives, among others: Władysław Ko-siniak-Kamysz, Minister of Labour and Social Policy, Maciej Grabowski, PhD, Deputy Minister of Finan-ce, Mariusz Haładyj, Deputy Minister of Economy.

Congresses, which are the main initiative of the In-stitute, strengthen their market position - this year the fifth edition of Polish Congress of Insolvency and Rehabilitation Law - INSO and the second, this time two-day edition of Polish Congress of Financial Markets Regulation FinReg were held. The series of Allerhand Summits, which was continued in 2013, is remembered as the series of events rich in the relevant diagnoses concerning both present experiences and predictions regarding functioning of law in Poland

in each of discussed legal and economic fields. An important element of the congresses was activation and support of young researchers, not only through inviting them to participate in the discussion and or-ganization of scholar oriented sessions, but also thro-ugh Call for Papers, with the opportunity for the best papers to be presented during the congress. Allerhand Congresses are more and more visible in the press and in the mass media. Cooperation with Dziennik Gazeta Prawna and PAP Business service seems to be particularly fruitful this year. While organizing Con-gresses, the Institute has also the pleasure of working with prestigious partners (the full list of the partners is presented on the last page of this report). The group directed by Jadwiga Kozień, the Head of the Event Or-ganisation Section, organises Congresses.

2013 Events organisedby the allerhand institute

2013 congresses

Allerhand SummitsII Allerhand Financial Regulations Summit 2013

Warszaw, Polonia Palace, 16th October 2013

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ALLERHAND INFRASTRUCTURE & PROCUREMENT SUMMIT 201317th January 2013

• Public procurement in the investment process: modernization of the EU policy on public procurement

• Public procurement as the instrument of fostering the innovation of the economy and sustainable development. Polish and foreign experiences

• Public procurement as the instrument of effective use of European funds (way of using European funds by public finance institutions and the supervision of public procurement process)

• Significance of innovation in public procurement from the perspective of jurisprudence

• Causes of the slump in the road and motorway building industry and resolutions for existing crisis

• Public procurement in energy infrastructure & IT

• FIDIC as the support for public procurement in building infrastructure industry

• Problems related to digitalization of public administration in Poland in context of public procurement – towards integrated digital provision of public services

• Competition in public orders vs. competitiveness of the economy

• De lege lata and de lege ferenda comments – future perspectives of public procurement – new challenges, new instruments and priorities of prospective legislation

Substantive supervisor of the Summit: Magdalena Czajkowska

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ALLERHAND MERGERS & ACQUISITIONS SUMMIT 201324th January 2013 www.fuzje.allerhand.pl

• Anatomy of the transaction• Due diligence in mergers and acquisitions• Collaboration of the bank, entrepreneur and law firm

• Characteristics of M&A in the stock market

• Financing transactions• Debt financing• VC/PE market – current condition and future perspectives• The issue of equity gap

• Mergers and acquisitions from regulatory bodies’ perspective• Procedures of concentration control – special focus on planned alterations in Polish proceeding• Consent of the President of The Office of Competition and Consumer Protection for implementation of concentration

• Notification procedure and objections of supervisory organs

• Post-merger integration• Cultural and legal aspects of M&A• Litigations resulting from transactions• PE fund influence on managing of the company

• Cross-cultural M&A negotiations in the light of Polish-American business

Substantive supervisors of the Summit: Dawid Radziszewski, Kamil Nowak

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POLSKI KONGRES PRAWA FARMACEUTYCZNEGO I OCHRONY ZDROWIA 201314th March 2013

ALLERHAND PHARMA & HEALTH CARE LAW SUMMIT 2013 www.farmaceutyczny.allerhand.pl

• “Reimbursement bill”. Who is to win and who is to lose in 2013?“Reimbursement bill” mechanisms – an attempt at analysis of the consequences of the regulations / “Reimbursement bill” from pharmaceutical companies perspective / Influence of

“reimbursement bill” on access to treatment / Claims for changes

• Advertisement of medicamentsInterpretation problems / Legal status

• Personal data in health protectionPatient’s right to personal data protection / Privacy of clinical studies participants / Role of data

controllers in health condition databases

• Civil liabilityRelevance of treatment vs. pharmacotherapy financing / Responsibility for health damages in off-label drug prescription / Liability for the defectiveness of the product / Responsibility towards the patient in case of inaccessibility of treatment / Responsibility for inaccessibility of treatment – perspective of oncology foundation / Procedural problems in cases concerning product liability

and medical errors, role and status of court experts

Substantive supervisor of the Summit: Jolanta Budzowska, legal counsel

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ALLERHAND TAX LAW SUMMIT 201311th April 2013 www.podatkowy.allerhand.pl

• Indirect taxes: changes in VAT in 2013 – assessment of regulations after first quarter• Changes in VAT in 2013 – first quarter of new regulations in force

• Bad debt relief vs. bankruptcy proceedings

• Direct taxes: tax consequences of financial transactions • Insufficient capitalization• Cash pooling – tax benefits and risks• Taxation rules for hedging transactions

• Transfer pricing & international tax law• Changes in OECD standards of documenting transactions concerning intangible assets• Documentation – key problems. Interpretation of disputed terms and wording• Extension of the catalogue of entities obliged to develop documentation of transfer pricing

• Enterprise in double taxation agreements – disputable cases

• Tax optimization• Limited joint-stock partnership: perspectives of tax optimization in the context of planned changes of regulations• Restructuring measures vs. opportunities and risks of tax optimization

• Border between optimization and avoidance of tax law

Substantive supervisor of the Summit: Izabela Rudecka-Radwan

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ALLERHAND REAL ESTATE & CONSTRUCTION SUMMIT 201314th May 2013 www.budowlany.allerhand.pl

• So-called “developer bill of rights” – assessment of the regulations, proposals of changesConsequences of the act on the real estate market coming into force / Developers’ standpoint /How to balance risks of interested parties? Current situation & possible resolutions / Limits of competence of the bank maintaining open escrow account / Controversies on regulations

concerning developer bankruptcy (inter alia privileges of buyers in comparison to mortgagees)

• Building code – debate on assumptions of the projectRevision of main assumption of the project / Urban planners voice on regulations concerning land management / Special laws vs. coherency of regulations / Developers’ expectations / Prospective benefits from implementing new regulations

• Public-Private Partnership – resolution for (at least?) rough times? Depicting PPP institutions – definition and purposes / Methods of financing PPP investments / Benefits of PPP model / How to use PPP model effectively? / Examples of already realized and planned investments using PPP model

• State housing policy – assessment of contemporary and planned resolutionsAssessment of trends in state housing policy – flats for rent problem / Are state programmes able to overcome stagnation in building industry and development sector? / Impact of state programmes on the credit market / The alternative: building societies / Assessment of the National Housing Fund (Rodzina na swoim). Comparison with planned programme Flat for the Young (Mieszkanie dla Młodych)

Substantive supervisor of the Summit: Katarzyna Bitner-Przybylska

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13th June 2013 www.fashion.allerhand.plALLERHAND FASHION LAW SUMMIT 2013

• Creativity and creation in fashion industry• Intellectual property as enterprise’s resource• Significance of protection of intellectual property for fashion industry

• Strategies of protection of intellectual property in fashion industry

• Production and trade of fashion goods• Cloth labels as piece of information and communication element• Operation manual as the part of franchising agreement in fashion industry• Taxes in fashion industry and customs law issues related to importing and exporting fashion goods

• Corporate Social responsibility in fashion industry

• Advertisement & intellectual property issues in fashion

• Infringement of law & legal protection in fashion industry • Fashion goods as protected industrial designs: review of current registrations.• Legal protection of industrial design in practice.• Infringement of industrial design rights – case study• Protective aid of Polish Patent Office• Textile material as industrial design – practical use of protection model

Substantive supervisor of the Summit: Milena Bodych

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ALLERHAND ARBITRATION & DISPUTE RESOLUTION SUMMIT 2013 25th June 2013 www.arbitraz.allerhand.pl

• Class actions – summary of experiences after 3 years of legislation

• Investment arbitration – protection of Polish investments abroad

• Development conditions of arbitration and mediation in Poland

• Code of Civil Procedure – Can civil proceedings be held quicker in Poland?

• What do clients expect from attorneys?

Substantive supervisor of the summit: Kamil Zawicki, attorney at law

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II ALLERHAND FINANCIAL REGULATIONS SUMMIT - FinReg 201316th-17th October 2013 www.finreg.allerhand.pl

The first day:

• Polish banking law in relation to new European regulations – banking law commentators’ session

• Evolution of financial markets regulations– perspective of bank customer

• New architecture of regulations – old supervision strategies? – financial (bank) supervisors’ session

• Legal consequences of the reform of Polish pension system – are the changes in open pension funds constitutional?

• New regulations concerning financial instruments and trading on capital market

The second day:

• Changes in the architecture of supervision (macro-stability)

• Impact of regulations on financial markets – empirical research

• Supervision of cooperative banks and credit unions

• Regulations of financial instruments

• European banking union

Substantive supervisor of the Summit: Wojciech Rogowski, PhD

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V INSO & RESTRUCTURING LAW SUMMIT 20136th November 2013 www.inso.allerhand.pl

• Echoes of the crisis in Poland – trends in bankruptcy law in the nearest future – discussion with the representatives of Ministry of Justice & Ministry of Economy

• Effective restructuring in joint structures – case studyCross-border restructuring of capital group including Polish company - case study / Effective restructuring in joint structures / Mutual responsibility for the liabilities of companies in capital group vs. effectiveness of restructuring / Business aspect of restructuring – depicting legal

obstacles

• Trends in international aspects of bankruptcy lawRelation between primary and secondary proceedings in the context of regulation and problems with implementing the regulation due to state legislation / Some rights of foreign creditors in secondary bankruptcy proceedings held in Polish court according to 1346/2000 regulation – Maflow casus

• Labour law in bankruptcy proceedings – perspectives of employer & employeeAre trade unions able to support efficient bankruptcy proceedings? / Limitation of managers salaries in bankruptcy proceedings / Syndic as an employer

• Tax law vs. bankruptcy and reorganization law – irresolvable collision?

Substantive supervisor of the Summit: Bartosz Groele, attorney at law

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ALLERHAND LABOUR LAW SUMMIT 201326th November 2013 www.prawopracy.allerhand.pl

• How to hold socially responsible business and benefit of that?Labour law, corporate social responsibility and human rights. Where is the border? Standards & trends in managing new kinds of risks with regard to human rights due diligence / Project of EU directive concerning reporting of non-financial data / Changes in the procedure of examining the allegations of infringement of OECD Guidelines for Multinational Enterprises by OECD National

Contact Point

• Thoughts regarding functioning of changes introduced to Polish Labour Code enacted in 2013 with the discussion on further amendments Flexible working time and flexible forms of employment from the perspective of employees / Research & results / Recapitulation of the first year of new regulations / Is there a potential to improve recent amendments? / Is there any viable alternative for Labour Code? / Collective agreements

• Is the Polish regulation of flexible forms of employment sufficient?Is it the eclipse of regular posts? / Trends on the European and global level; solutions applied in other countries / What should be changed in order to fit the observed trends, including skills shortages?

• Privacy protection and non-discrimination vs. job creation and diversity management?

Substantive supervisor of the Summit: Beata Faracik, LL.M.

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JANUARY - series of events concerning human ri-ghts and business - Human Rights and Business Section (previously Human Rights and Business Programme) organised a-week-long stay in Poland of Michael K. Addo, PhD - UN representative. The series comprised a number of public consultation seminars and meetings at the Business Centre Club. The series concluded with the international conferen-ce entitled ‘Implementation of Business and Human Rights UN Guiding Principles Chances, Challen-ges and National Scheme of UN Guiding Principles Implementation’ which was held on 25 January 2013 and was organised by the Human Rights and Busi-

ness Section. The following persons participated in the event, among others: M.K. Addo, PhD (UN) Richard Howitt (European Parliament), Sue Bird (European Commission), ambassador Are-Ja-ostein Norheim (Ministry of Foreign Affairs of Norway), Kamil Wyszkowski (UN Global Compact), Filip Gregor (ELS), Margaret Wachenfeld, PhD (IHBR) and Beata Fa-racik, head of Human Rights and Business Section. Honorary patronage over the con-ference was taken by the Ministry of Econo-my, Polish Sejm, Commissioner for the Protec-tion of Civil Rights, UNDP/Global Compact Network Poland and Embassy of Norway.

Conference website:http://prawaczlowiekaibiznes.allerhand.pl/

21 JANUARY Krakow – a workshop in the Allerhand Institute that prepared Jagiellonian University Faculty of Law and Administration students for an exam in Economic Policy entitled Introduction to economics was conducted by Tomasz Regucki. The initiative was carried out together with student organisation All in UJ.

23 JANUARY Krakow – lecture of Professor Leszek Balcerowicz entitled ‘Discovering freedom’ gathered a large audience.(plakat, foto ze spotkania)

1 FEBRUARY Krakow – Lecture of Minister of Ju-stice Jarosław Gowin entitled ‘Why is it worthwhile to engage oneself in voluntary work, not necessarily political work? Why is it worthwhile to organise our-selves and to create think-tanks?’ (plakat, foto ze spo-tkania)

APRIL - JUNE Krakow – The Allerhand Institute to-gether with the Association of Law Students’ Library of the Jagiellonian University organised Academy of Corporations, a series of six lectures addressed main-ly to students and devoted to selected issues from the realm of companies that exceed the curriculum of the

standard commercial law course. Classes were conducted by theorists and practitioners

who are active every day in the realm of companies law and the capital market. Academy of Corporations is organised every year; however this year the Al-lerhand Institute was the co-organiser

of this enterprise for the first time. Arka-diusz Radwan, PhD, Krzysztof Grabow-

ski, PhD and Tomasz Regucki were represen-tatives of the Institute. The lectures series raised huge interest among participants.

Meetings, seminars and workshops

Międzynarodowa konferencja zorganizowana przez Sekcję Prawa Człowieka i Biznes Instytutu Allerhanda z udziałem m. in.

czołowych przedstawicieli ONZ i Unii Europejskiej

Human Rights and Business Section organised international conference concerning human

rights in business

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Lectures during the Academy of Corporations:

JULY – A consortium which includes, among others, the Allerhand Institute, won the tender organised by the National School of Judiciary and Public Prose-cution for the preparation and implementation of good practices aimed at improving the efficiency, effectiveness and capability indices of courts work. The enterprise is being carried out (until the middle of 2014) as part of the ‘Business Support Project Edu-cation in the domain of time and court proceedings cost management - case management’ which forms a part of the ‚Human Resources Development’ Secto-ral Operational Programme co-financed from means of the European Social Fund. The project comprises two parts. The first part includes the preparation and implementation of good practices from the realm of management in thirty courts within the borders of Poland. The second includes trainings from the re-alm of modern human resources and finance in court, management of cases flow and division, workload and human resources management and the application of modern technologies in justice. The group of Al-lerhand Institute experts including judges and rese-arch workers of Cracow University of Economics paid a number of study visits to courts around the country. The task of the consultants was to provide assistance and advice concerning the effective implementation of good practices prepared earlier. The coordinator of the project on behalf of the Allerhand Institute was Marcin Pilch, attorney who in the past year was the coordinator of trainings from the realm of crimes within bank working practices which were organised by the Allerhand Institute at the request of National School of the Judiciary and Public Prosecution and Warsaw Appellate Public Prosecutor’s Office.

“System aspects of companies law changes”

“Takeovers of stock-listed companies”

“General meetings and directive on shareholders rights. Example of good law creation”

“On the responsibility of company body members with a particu-lar focus on the perspective of law and economics analysis”

“Cross-border transformations of companies in light of European and Polish law”

“The shareholder’s right to withdraw from the limited liability company”

Professor Andrzej Szumański, PhD (Jagiellonian University)

Tomasz Regucki (the Allerhand Institute)

Krzysztof Grabowski (the Allerhand Institute)

Marcin Spyra PhD (Jagiellonian University)

Krzysztof Oplustil, PhD (member of the Allerhand Institute Main Board and Jagiellonian University)

Arkadiusz Radwan, PhD (President of the Allerhand Institute)

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18 JULY Krakow – as part of the ’I have a right’ pro-ject coordinated by Beata Faracik, an open meeting entitled ‘Aid funds for foreigners’ was held at the In-stitute.

2 panels were included in the schedule of the meeting:

a) Aid funds panel, the subject of which was the pos-sibility of applying for support from public means by foreigners in Poland. The panel was moderated by Stanisław Alwasiak - the Allerhand Institute Mana-gement Board’s spokesperson for fund collection and a doctoral student of the Cracow University of Eco-nomics.

b) Małopolska for foreigners during which Michał Adamczyk - coordinator of the group for European Funds Promotion in the Marshal’s Office of the Wiel-kopolska Province as well as a doctoral student of Cra-

cow University of Economics presented the analysed activities of local government for foreigners.

25 JULY Krakow – ”Personal data protection” - tra-ining for NGOs - addressed to members of non-gover-nmental organisations, the subject of which, among others, were obligations connected with storing and transferring personal data, optimisation of NGO per-sonal data transferring processes and the legal basis of direct marketing. The training was conducted by Paweł Litwiński, PhD – member of the Allerhand Institute Intellectual Property Section, author and co-author of numerous scientific and popular scientific publications from the realm of personal data protec-tion law.

31 JULY Krakow – ‘Public Procurement Law’ training for NGO employees and members, trade union members, students and research workers. Mag-dalena Czajkowska – lawyer, author of numerous publications from the realm of public procurements who conducts legal audits, prepares analyses and opi-nions and represents contractors and contracting au-thorities before the Appeals Department of the Public Procurements Office conducted the training.

1 AUGUST Krakow – as part of ‘I have a right’ pro-ject, the Institute held an open information meeting on the ‘Labour rights of foreigne-rs in Poland’ for foreigners intere-sted in working legally in Poland. The presentation was given by Marek Modrzejewski, Labour Inspector of the from Krakow Regional Labo-ur Inspectorate (part of National Labour Inspectora-te).

18 SEPTEMBER Krakow – training ‘Global educa-tion for the youngest’ for teachers of grades 1-3 of primary schools and kindergartens. The objective of the training was to raise teachers’ interest in the issue of interdependence between the Global South and the Global North, sustainable development, human rights as well as provide teachers with basic knowledge from the realm of global education and to present educa-tional methods that can be employed in working with kindergarten and early school children. Classes were conducted by Anna Rozkosz, trainer at the Facility of

The group of Allerhand Institute experts paid a number of study

visits to courts around the country

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Ecological Activities ‘Źródła” and a member of the Al-lerhand Institute Human Rights and Business Section.

More about the project: http://eduglob.zrodla.org/

4 OCTOBER Krakow – in cooperation with the Polish Information and Foreign Investment Agency, the Al-lerhand Institute Human Rights and Business Section organised a workshop for non-governmental orga-nisations entitled ‘OECD guidelines for multinatio-nal enterprises’. The objective of the workshop was to strengthen the NGOs’ capability of using OECD Guidelines in their work, strengthen NGOs’ interac-tion with the OECD National Contact Point and to create an informal support network. The workshop

was co-conducted on behalf of the Institute by: Beata Faracik, Head of the Human Rights and Business Section as well as Karolina Alama-Osmólska and Katarzyna Sawicka who represented Disputes Resolu-tion Section.

11 OCTOBER Krakow – seminar ‘Commercial Arbitration in Po-land’ was held at the Institute, con-ducted by Kamil Zawicki, attorney at law, Head of the Disputes Resolu-tion Section. The meeting took the form of an interactive discussion and

was focused on an analysis of the opportunity to de-velop international commercial arbitration in Poland.

19 NOVEMBER Krakow – the Institute organised a lecture entitled ‘Specific modes of increasing the share capital in joint stock company. The presen-tation of empirical studies’ that showed the newest empirical studies conducted as part of the research project carried out at the Institute. The lecture was gi-ven by Tomasz Regucki, head of the project.

25 AND 27 NOVEMBER, Krakow – training en-titled ‘Rules of financial instruments trading on the Warsaw Stock Exchange’ gathered a large audience at

22Specific modes of increasing the share capital in joint

stock companyTomasz Regucki

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the Institute. The training which was aimed at acqu-ainting participants with the most important issues connected with the stock exchange organisation and its role in the free market economy was conducted by Tomasz Regucki.

27 NOVEMBER Warsaw – workshop, conducted in English, entitled ‘CSR & Human Rights – A Game Changer! How the UNGPs relate to CSR’ was orga-nised by the Allerhand Institute Human Rights and Business Section and Global CSR with the support of CMS Cameron McKenna and it was completion supplement to the Polish Congress of Labour Law 2013 which was held the day before in Warsaw. The workshop was co-conducted by Beata Faracik, Head of the Human Rights and Business Section and coor-dinator of the Congress of Labour Law.

6 DECEMBER Krakow – the seminar entitled ‘Dro-nes, where are we flying to?’ organi-sed in cooperation with ICLHR which was devoted to the use of civil drones - unmanned aerial vehicles, was held at the Institute. The workshop part was conducted by Anna Rozkosz who represents the Human Rights and Business Section.

12 DECEMBER, Krakow – workshop entitled ‘CSR management in the workplace’ was held at the In-ternational Cultural Centre organised by Employers of Poland together with partners - Crido Taxand and the ICAN Institute (publisher of the Harvard Busi-ness Review Poland) and in cooperation with the Al-lerhand Institute Human Rights and Business Section. During the meeting, the latest solutions concerning Corporate Social Responsibility activities in the wor-kplace were presented. The first part of the workshop was conducted by Beata Faracik, Head of the Human Rights and Business Section.

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REPRESENTATIONS

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30 JANUARY – Beata Faracik, head of the Human Rights and Business Section, invited by the Eu-

ropean Commission participated in con-sultancy concerning Sector Guidelines

for Employment Agencies and Staffing Companies.  

13 FEBRUARY Brussels – Beata Fa-racik participated in the expert meeting

organised by Hitachi with the support of CSR Europe in Brussels. The meeting

focused on the company’s new human ri-ghts policy, due diligence process and the me-

thodology of human rights impact assessment.

20 - 21 FEBRUARY Brussels - Second summit of Ombudsmen of the countries of Eastern Part-nership and the European Union combined with a DROI session. Beata Faracik participated in the event by presenting her self-compiled analysis prepared at the request of the European Parliament which con-cerned the role of National Human Rights Institutions situated outsi-de the EU in the implementation of Business and Human Rights UN guiding prin-ciples, with a par-ticular emphasis on Eastern Part-nership countries. Apart from Ombudsmen and representatives of Om-budsman offices DROI members participated in the session, LIBE members as well as representatives of six inter-parliamentary representations to the Eastern Partnership countries and representation of the Euro-Nest Parliamentary Assembly participated as guests.

4 -5 FEBRUARY Frankfurt (Oder) - international conference entitled ‘Trilateral exchange of experien-ce: Employee Financial Participation in SMEs’. As

a part of the Institute’s cooperation with European University Viadrina and other partners, which con-cerns research aimed at development of effective legal system devoted to the financial participation of SME employees from Poland and Germany, the results of the research concerning the experiences of Polish employee-owned companies and the legal possibi-lities of applying ESOP in Poland were presented. The paper entitled ‘Can Employee Stock Ownership Plan be Used in Polish Legal System?” that presented the results of works conducted by the Polish group direc-ted by Arkadiusz Radwan, PhD was delivered by To-masz Regucki, Researcher at the Allerhand Institute. The seminar was also an occasion to become acquain-ted with ESOP assumptions adopted to the German legal situation as well as experiences with the Spanish (Basque) system of financial participation in coopera-tive structures in MONDRAGON from Bilbao.

26 - 27 APRIL Krakow - international conferen-ce ‘Mitigating the impact of the Economic Crisis in Europe by legal regulations’. This event, under auspi-

ces of the Allerhand Institute, was held in Auditorium Ma-ximum – education and conference cen-tre of Jagiellonian University. Krzysz-tof Grabowski who gave lecture enti-tled: ‘Corporate go-vernance – balance between law and

self-regulation’ participated in the event on behalf of the Institute.

JUNE – the European Commission commenced con-sultancy concerning the standardisation of regula-tions for single-person limited liability companies. Experts connected with the Allerhand Institute: Pro-fessor Stanisław Sołtysiński and Arkadiusz Radwan, PhD participated in the works of the international advisory group for the European Commission.

Participation of the Allerhand Institute representatives in international meetings,

projects and other initiatives

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16 - 17 AUGUST Dubai – Conference entitled ‘Extending Horizons: Charting Asia’s Flourishing Future’ organised in Dubai by Harvard University in cooperation with the American University of Dubai. The main point of the Study Visit of the Allerhand In-stitute head, Arkadiusz Radwan, PhD in the United Arab Emirates was participation in the above confe-rence ‘which constitutes part of ‘The Harvard Project for Asian and International Relations’ (HPAIR). Mr Radwan was a member of the ‘European Delegation’. Apart from the HPAIR conference, the schedule of the delegation’s visit included, entire series of me-etings, seminars and discussions with representatives of politics, business, science, law, international orga-nisations and social organisations in Dubai and Abu Dhabi. The seminar that summarised this year’s Eu-

ropean Delegation was held on 27-29 September in Berlin where, during a specially-organised seminar, the public statement of the European Delegation that summarised the Study Visit was presented.

OCTOBER – Paweł Litwiński, PhD, member of the Allerhand Institute Intellectual Property Section, was appointed by the European Commision, as one of two Polish representatives, to be a member of expert group for cloud computing agreements. The group’s basic task is to assist the Commission in de-scribing the terms and conditions of agreements on personal data transfer services in a cloud computing model which will ensure the safety of consumers and entrepreneurs who use services of this kind. During its works the group will have to take good market practices concerning cloud computing as well as the provisions of Directive 95/46/EC on the protection of individuals with regard to the processing of personal data and on the free movement of such data into con-sideration

8 NOVEMBER Madrid – international academic seminar entitled ‘Close Corporation in Europe’ or-ganised by Universidad Rey Juan Carlos. Arkadiusz Radwan, PhD and Professor Krzysztof Oplustil, mem-ber of the Institute’s Main Council were invited to par-ticipate in the seminar devoted to the latest trends in regulation of close corporations in Europe. Arkadiusz Radwan, PhD and Professor Krzysztof Oplustil gave lectures on the reform of share capital in Polish limi-ted liability companies and on the legal and compa-rative analysis of the possibilities of leaving corpora-tions by shareholders in the EU and other selected legal frameworks.

2-4 DECEMBER Geneva – 2nd UN forum for Bu-siness and Human Rights which was aimed at ex-changing experiences and ensuring synergy between the activities of countries, businesses and NGOs in the realm of UN Business and Human Rights Guiding Principles implementation. Beata Faracik, head of

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the Human Rights and Business Section who also participated in meetings that took place prior to the official Forum, including meetings conducted by the UN Working Group for Business and Human Rights, represented the Allerhand Institute.

5-6 DECEMBER Oslo – Sustainable Companies: We Make it Happen conference that concluded the Sustainable Companies international research project, carried out from 2010 – 2013. Arkadiusz Radwan, PhD and Tomasz Regucki participated in the project on behalf of the Institue. Tomasz Regucki was the Institute’s representative of at the conference and presented a paper entitled ‘CSR stock indices as a way of promoting sustainable development principles. The empirical analysis of the Warsaw Stock Exchange RESPECT index’.

16 -20 DECEMBER Vienna – Bartosz Groele, Vice-President of the Allerhand Institute participa-ted in the sitting of the 44. session of the UNCITRAL Working Group for Insolvency Law. The Working Group looked, among others, into those matters that are to be related to its future works, including issues connected with the insolvency of micro and small and medium-sized enterprises. Bartosz Groele was one of two Polish representatives delegated to the talks.

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28 JANUARY Warsaw – ’Personal details in he-alth protection and clinical trials’ conference, orga-nised by the Inspector General for the Protection of Personal Data (GIODO) Wojciech R. Wiewiórowski, PhD, as part of 7th European Day of Data Protection. Paweł Litwiński, PhD participated, representing the Allerhand Institute Intellectual Property Section.

24 APRIL Warsaw – Bartosz Groele, Vice-President of the Allerhand Institute and Head of the Allerhand Institute Insolvency Law Section and Janusz Płoch, Judge of the District Court participated in the Con-gress of Legal Regulations from the Realm of Debt Disposal organised by Konferencja Przedsiębiorstw Finansowych. The event was held under auspices of the Institute.

13 - 14 MAY Sopot – Tomasz Regucki, Research Assistant in the Allerhand Institute, participated in conference entitled ‘Modern problems of corporate governance’ organised by the University of Gdansk Management Faculty. Representative of the Institute gave a lecture entitled: ‘Regulation of mandatory bids and detriment to minority shareholders’.

23 AUGUST Warsaw – Bartosz Groele, Vice-Pre-sident of the Allerhand Institute participated in Bre-akfast with Dziennik Gazeta Prawna, the subject of which was client payment management, call mecha-nisms, credit report exchange as well as debt collec-tion and factoring.

25 SEPTEMBER Warsaw - Members of the Al-lerhand Institute were appointed by Janusz Pie-chociński, Minister of Economy to the Group for Mediation, the main task of which it is to prepare proposals of activities aimed at spreading alternati-ve means of resolving economic disputes. The follo-wing persons were included in the group: Arkadiusz Radwan, PhD, Bartosz Groele, attorney at law, Zbi-gniew Miczek, judge, Rafał Kos, attorney at law, Ka-mil Zawicki, attorney at law.

26 NOVEMBER Warsaw – Adam Redzik, PhD one of the founders of the Allerhand Institute, member of the Main Board and the Supervisory Board, gave the lecture entitled: ‘Pioneer of research of legal journals history’ during symposium entitled ’Restore memo-ry. The historical passions of Stanisław Milewski’.

12 DECEMBER Warsaw – Zbigniew Miczek, District Court Judge, the representative of Al-lerhand institute, gave a lecture in Public Procure-ment Office. It was the last lecture in a series of seven workshops organized by the Public Procurement Of-fice devoted to procurement procedures. The series of meetings addressed to local governments representa-tives, carried out since April to December 2013, was attended by 120 participants.

Participation of the Allerhand Instituterepresentatives in national enterprices

- conferences, seminars, lectures

Members of Allerhand Institute in the Group for Mediation

Source: Ministry of Economy

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Under the AllerhandInstitute Auspices

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JANUARY, Warsaw – the seminar within the ‘The Reform for Poland’ series was devoted to the presen-tation of the stage of Bankruptcy and Rehabilitation Law reform. The lecture was given by Bartosz Groele, Vice-President of the Institute and Maciej Geromin, Member of the Insolvency Law Section. The Reform for Poland initiative, which was created by Cezary Wójcik from the Warsaw School of Economics, is a series of seminars organised on a regular basis, the

main point of which is the discussion on projects of reforms that allow institutional competition of the Polish economy to improve. Speakers who are invited present their own ideas and scientific contributions concerning selected sectors of the country, identifying the key development barriers and proposing ways to overcome them. The Allerhand Institute is the partner of the ‘Reform for Poland’ series.

27 MARCH, Krakow – the ‘Legal boundaries in fa-shion photography’ meeting was held as part of La-wyers’ Soft Skills Academy and Fashion Law Business. The Institute held patronage over this event..

26 - 27 APRIL, Krakow – the Institute held pa-tronage over the international conference entitled ‘Mitigating the impact of the Economic Crisis in Europe by legal regulations’. This event was held at

Auditorium Maximum – the education and conference centre of Jagiellonian University.

8 MAY, Krakow – the lecture entitled ‘Fashion law – challenges before the industry’ with the participation of Agnieszka Sztoldman and Marcin Ba-licki, members of the Allerhand Institu-te Intellectual Proper Section was held at The Jagiellonian University Faculty of Law and Administration. The Institute held patronage over this event.

13 – 14 MAY, Krakow – the Institu-te held patronage over the national con-ference entitled ‘Corporate Governan-ce instruments in Polish law’ organised by the Economic and Commercial Law Section of Association of Law Students’ Library of the Jagiellonian University.

During second day of the conference, an introductory lecture was given by Krzysztof Oplustil, PhD, mem-ber of the Allerhand Institute Main Board.

20 MAY, Warszawa – the Institute held patronage over the ”Law In Books & Law In Action” National Competition of Commercial Law Knowledge for law students organised by the Company Law Research Club of the University of Warsaw Faculty of Law and Administration and Wardyński & Partners Law Firm.

UNDER THE ALLERHANDINSTITUTE AUSPICES

The Allerhand Institute holds honorary and substantive patronage over initiatives that can be placed within the Institute’s mission. We provide information and promotional support with the use of all communication channels of the Institute for all initiatives that are worth attention. Members of the Institute often appear as speakers during those events over which their home institution holds patronage.

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MAY, Warsaw – the Institute held patronage over project entitled ‘Lawyer in the clients’ network’ - a training series aimed at education in the realm of business development, services for and gaining new clients. Training sessions were particularly addressed to all partners who manage a law firm and to persons responsible for marketing and business development in a law firm. Meetings were held in Warsaw, Poznan, Wroclaw and Krakow.

Project website: http://pwsk.marketingprawa.pl/praw-nik-w-sieci-klientow/

21 – 22 JUNE, Krakow – the international con-ference entitled ‘Into the Future: Tomorrow’s Legal Profession, Legal Services Market and Legal Edu-cation’ co-organised by Jagiellonian University and The Catholic University of America in Washington was held at Collegium Maius at Jagiellonian Univer-sity. The subject of the conference was, among others, legal education, regulations concerning the profession of lawyer and the characteristics of the legal services market. Professors, practitioners from renown Kra-kow and Warsaw law firms, representative of National School of Judiciary and Public Prosecution, represen-

tative of The Polish Bar Council, LL.M. program gra-duates and many professors from The Catholic Uni-versity of America, including the dean of Columbus School of Law of this university were among the par-ticipants. The Allerhand Institute, that held patronage over the conference, was represented by Arkadiusz Radwan, PhD, Head of the Institute and Kamil Za-wicki, attorney at law, Head of the Disputes Resolu-tion Section.

22 OCTOBER, Wthe Institute held patronage over initiative of opening information services concer-ning legal clinics connected with church institutions, where people in difficult financial situation can get free legal assistance: www.poradnieprawne.pl. The website is launched and managed by the legal clinic at the John the Baptist Church in Bielsko-Biała Komo-rowice, its object is to collect information about legal clinics operating around the country, especially about those which operate in churches and church organi-sations. Jagiellonian Club and the Allerhand Institute are partners of this enterprise. Both institutions dec-lared their support as regards spreading knowledge about the service and, in the future, organising me-etings, conferences and research connected with legal advice. Additionally, the Allerhand Institute has dec-lared the pro bono legal help of its experts in those ca-ses in which issues reported in individual clinics will require more than one consultation.

25 – 26 OCTOBER, Warsaw – the conference of Transfer Prices Centre ‘Restructuring and centra-lising of purchase’ devoted to the issues of restruc-turing and centralisation of purchase features in con-sideration of transfer prices was held. The Institute held patronage over this event.

“The Allerhand Institute has declared the pro bono legal help of its experts”

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22 OCTOBER, Warsaw – the 3rd Facility managers Forum was held. The event was devoted to the prac-tical legal and financial aspects of public facilities management. The forum was addressed to local go-vernment employees who manage public facilities: residential, commercial and public utility facilities. The MEDIUM Group - publisher of ‘Administrator’ and the www.administrator24.info website was the organiser of the Forum. The Institute held patronage over this event.

29 OCTOBER, Warsaw – The Congress of Receiva-bles Market 2013 was held. The event was addressed to representatives of the SMEs sector, people who ma-nage or supervise tax settlement, management board members, managing and financial directors of compa-nies. Bartosz Groele, Vice-President of the Institute and Secretary of the Insolvency Law Section partici-pated in the Congress, with a presentation of the fol-lowing issue: ‘Proposal of amendments in Bankruptcy and Rehabilitation Law - can we afford to abandon the preference of the Treasury receivables in enforcement proceedings’.

11-12 SEPTEMBER, Warsaw – The ‘OECD Guidelines for Multinational Enterprises and tra-de unions. Polish perspective’ training addressed to members of trade unions was held at the Polish In-formation and Foreign Investment Agency in Warsaw. Organisers of the meeting included Friedrich Ebert Foundation (FES), Trade Union Advisory Commit-tee to the OECD (TUAC), the Polish Information and Foreign Investment Agency and the National Board of Independent and Self-governing Trade Union So-lidarność. The training focused on issues such as: the use of OECD guidelines in multinational enterprises in the cases of the infringement of trade unions and

workers’ rights, the use of mediation in reaching an agreement as well as support possibilities offered by the OECD National Contact Point. The Institute was represented by Beata Faracik, Head of the Human Ri-ghts and Business Section as moderator of the panel as well as Karolina Alama-Osmólska and Katarzyna Sawicka who represent the Disputes Resolution Sec-tion as experts in the part devoted to mediation.

SEPTEMBER – DECEMBER – national series of conferences ‘Business Wings’ – a comprehensive project addressed to the SMEs sector which included prestigious ranking of companies, conferences series and information supplements published in Dziennik Gazeta Prawna. Since September, the conferences for business persons have been held in the largest Polish cities during which advice concerning the acquisition of capital, receivables management and the introduc-tion of innovations was provided. The Allerhand In-stitute experts were invited to participate in the con-ference. The last meeting of the series was held on 4 December in Warsaw where entire enterprise was su-mmarised during the gala celebration. The Allerhand Institute was represented by Bartosz Groele, Vice-President, in the discussion panel entitled ‘Chances and challenges before SMEs sector’.

The project’s website: http://www.gazetaprawna.pl/konferencje/skrzydla_biznesu/index.php

NOVEMBER – DECEMBER, Warsaw – the Institute held substantive patronage over the Corporate Go-vernance Academy, a series of lectures devoted to the legal aspects of corporate governance organised by the Company Law Research Club of the University of Warsaw Law and Administration Faculty. Represen-tatives of the Institute participated in the Academy: Krzysztof Oplustil, PhD with the lecture entitled the ‘European Legal Framework of Corporate Governan-ce - the present state and directions of planned chan-ges’ (26 November) and Arkadiusz Radwan, PhD with the lecture ‘Retreat, exit, buy-out, buy-back, re-frain from voting - a linguistic or legal and systemic issue of minor shareholders protection in the Polish law?’ (12th December).

The project’s website: http://knprawaspolek.wpia.uw.edu.pl/akademia/

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9 DECEMBER, Krakow - the Institute held patro-nage over conference entitled ‘Company Law in the light of modern market challenges’ organised by the

Economic and Commercial Law Section of the Asso-ciation of Law Students’ Library of the Jagiellonian University. The introductory lecture entitled ‘Legal aspects of employees financial participation in Polish corporations’ was delivered by Tomasz Regucki, re-presentative of the Institute.

19 GRUDNIA, Warsaw – conference entitled the ‘Constitutionality of changes in Open-End Pension Funds’ organised by the Labour Law and Social Policy Department at the Law and Administration Faculty of the University of Warsaw and the Polish Section of International Society for Labour and Social Securi-ty Law. There were two panels included in the event: a lecture panel and discussion panel. Arkadiusz Radwan, PhD head of the Allerhand Institute parti-cipated in the conference.

The conference was accompanied by the premiere of the first book published by The Allerhand Insti-tute Publishing House – a research publication en-titled ‘Legal Mechanisms of Transferring Means to Open-End Pension Funds. Constitutional and legal opinions’, edited by Professor Radosław Pacud. This is a collective work that provides insight into the issue of the constitutionality of the proposed amendments from the perspective of, among others, social security law, capital system construction and law & economics.

’CONSTITUTIONALITY OF CHANGES IN OPEN-END PENSION FUNDS’ CONFERENCE

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AllerhandAdvocacy

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Allerhand advocacy

ALLERHAND ADVOCACY is the section of the Allerhand Institute’s activity which is dedicated to streng-thening the civil engagement of lawyers and people of the media in the reform of the legal system. The phrase ‘public interest law for an open society” is the motto of this section. By means of interventions, strategic litiga-tion or cooperation with the media, the section undertakes activities aimed at implementation of the principle of state of law as well as at creating an effective legal and institutional framework in Poland. This year, the fol-lowing issues took priority in the activity of the section:

Thanks to the commitment of the Allerhand Institute in a dispute over former synagogue building located in Krakow’s Kazimierz, Jewish Community made the list of facilities availa-ble for rent public for the first time.

OFEOpen-End Pension Funds Act – Governmental proposals concerning the retirement system reform raised a multi-tude of commentaries and a heated public debate. Experts of the Allerhand Institute actively participated in the na-tion-wide discussion on Open-End Pension Funds.

EXPERTISE

INTERVENTION

Arkadiusz Radwan, PhDRobert Mężyk, LL.M.August 2013

The letter from the President of the Aller-hand Institute, Arkadiusz Radwan, PhD

to the President of Jewish Community, published in Dziennik Polski

21st May 2013

“Constitutional and legal evaluation of recommendations concerning the 2nd pillar included in the governmental review of the retirement system of 26 June 2013 (August 2013)”http://allerhand.pl/images/Ekspertyza20130830.pdf

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MEDIA STATEMENTS

Allerhand Institute takes part in the de-bate on the reform of open pension funds.

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“It is possible to sue for the German mini-series in the Polish court”

“Who can sue for the German mini-series?”

“Your production, our claims”

dr Arkadiusz Radwan, Magdalena Jabczuga-Kurek, Dyiennik Gazeta Prawna (2.10.2013)

dr Arkadiusz Radwan, Magdalena Jabczuga-Kurek, Dziennik Gazeta Prawna (6-8.09.2013)

dr Arkadiusz Radwan, Magdalena Jabczuga-Kurek, Dyiennik Gazeta Prawna (26.08.2013)

Legal boundaries of historical policy and the freedom of speech in cinematography - the voice of the Allerhand Institute about the German mini-series “Our mothers, our fathers”

Arkadiusz Radwan, President of Allerhand Institute, participated in the development of single member

company directive

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GETTING INFORMATION ABOUT LEGAL OPINIONS USED BY GOVERNMENT IN CONTEXT OF OEPF

NOVEMBER – At the request of the Allerhand Institute, the Ministry of Finance published legal opinions which the government referred to the constitutionality of the proposed changes in the retirement system.

At the beginning of November the Allerhand Institute asked Jacek Rostowski, Minister of Finance and Wła-dysław Kosiniak-Kamysz, Minister of Labour and Social Policy for the disclosure of opinions and expertise cited by government in connection with the proposed retirement system changes and their accordance with the Constitution of Poland with the use of official procedures concerning access to public information. The activities of the Institute (and certainly those of other institutions) resulted in the publication on the Ministry’s website of the abovementioned legal opinions.

More about the issue: http://www.allerhand.pl/index.php/pl/home/634-czy-zmiany-w-systemie-emerytalnym-sa-konstytucyjne.html

Audio-visual fee – the Institute took an official stand concerning the introduction of an audio-vi-sual fee

5 concept notes were published:

http://www.allerhand.pl/images/stanowisko_pu-bliczne_IA_oplata_audiowizualna.pdf

Concept note: On the need for improvement in the regulation and popularisation of mediation in Poland (June 2013)

Concept note: On a desirable legal framework concerning employ-ees’ financial participation (June 2013)

Concept note: On the need for and the main directions of reform of pursuing claims in class actions (May 2013) Attachment: Compila-tion of class actions in Polish courts (as of 29 April 2013)

Concept note: On the need for reform and the reinforcement of the OECD National Contact Point (June 2013)

Concept note: On the need for improvement in the regulation and popularisation of arbitration in Poland (August 2013)

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MASS-MEDIA APPEARANCES

2013 2013 was marked by the Institute’s greater presence in the local and national media. Publications of Arkadiusz Radwan, President in legal sections of the largest Polish papers - Rzeczpospolita and Dziennik Ga-zeta Prawna were particularly numerous. Papers also devoted much space to the Allerhand Summits series in-dividual congresses - one could read polemics of speakers and journalistic coverage both in papers and online.

We encourage you to visit the ‘WE ARE IN THE MEDIA’ section of the Institute’s website where you can acquaint yourself with all the publications:

http://allerhand.pl/index.php/pl/pressroom/jestesmy-w-mediach.html

”GOOD LAW” 1% – We have the pleasure to in-form you that thanks to your help and support from 1% of the income tax transferred to the ‘Good law’ project in 2013, PLN 6,161.10 was credited to the Allerhand Institute.

The collected amount was devoted to activities of the Allerhand Advocacy section. The collection of means was possible thanks to Collegium Artium.The Allerhand Institute has the status of public benefit organisation and its objective is to help citizens and companies in improving ineffective procedures and legal regulations as well as to promote the ethos of an honest entrepreneur and competent officer. Allerhand Advocacy section undertakes interventions, strategic litigation, cooperation with the media as well as oth-

er activities aimed at implementation of the principle of state of law as well as at creating an effective legal and institutional framework in Poland. More about the activity of this section can be found at our web-site: http://allerhand.pl/index.php/pl/dzialalnosc/allerhand-advocacy.htmlThe Management Board of the Allerhand Institute would like to warmly thank all donors and give en-couragement to support the work of the Institute in the future.

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Scientific and research activities

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SUSTAINABLE CAMPANIES

an international research project led by the Univer-sity of Oslo. The objective of the project carried out 2010 – 2013 was to analyse the issue of climate chang-es and sustainable development from the perspective of company law. The project focused, among others, on the broad legal and comparative insight into select-ed national legislations concerning company law and the capital market with reference to the possibilities of preventing negative influence of companies on the en-vironment. The Polish contribution was prepared by representatives of the Allerhand Institute - Arkadiusz Radwan and Tomasz Regucki. Their article entitled ‘The Possibilities for and Barriers to Sustainable Com-

panies in Polish Company Law’ was subsequently ac-cepted for publication in the International and Com-parative Corporate Law Journal, it can also be found on the Social Science Research Network (SSRN) web-site: http://papers.ssrn.com/sol3/papers.cfm?abs-tract_id=2159217. In addition, Tomasz Regucki was the representative of the Institute at the confer-ence that summarised the entire project – ‘Sustainable Companies: We Make It Happen’, during which he presented a paper entitled ‘CSR stock indices as a way of promoting sustainable development principles’. The empirical analysis of the Warsaw Stock Exchange RE-SPECT index.

Scientific and research activities

RESEARCH PROJECTS Sustainable Companies / Preparation of the Polish and German concept of SMEs employee partici-pation on the basis of the ESOP model / Specific modes of increasing the share capital in joint stock company

ESOP

Preparation of the Polish and German concept of SMEs employee participation on the basis of the ESOP model – an international research project carried out by Frankfurt (Oder) European Univer-sity Viadrina and the Allerhand Institute, financed by the Polish and German Foundation for Science (Deutsch-Polnische Wissenschaftsstiftung – DPWS). Experts of the Institute - Arkadiusz Radwan and To-masz Regucki developed the model of applying Em-

ployee Stock Ownership Plan (ESOP) that functions mainly in the US and Great Britain to Polish condi-tions. The expertise entitled ‘Analysis of the Possi-bilities of Applying Employee Stock Ownership Plan (ESOP) to Polish Economic Reality’ can be found at the Institute’s website: http://www.allerhand.pl/ima-ges/20130903_Radwan_Regucki02.pdf

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SPECIFIC MODES OF INCREASING THE SHARE CAPITAL IN JOINT STOCK COMPANY

Specific modes of increasing the share capital in jo-int stock company – research project carried out at the Allerhand Institute by the group led by Tomasz Regucki. The project included the empirical analysis of companies’ use of a conditional increase in share capital and target capital. During the conducted rese-arch, all the companies registered in Poland and listed on the Warsaw Stock Exchange were analysed. 398 Joint-Stock Companies were studied and over 1,100 corporate documents were analysed - articles of as-sociation, General Meeting resolutions, Management Board resolutions and current reports. The project group included: Tomasz Regucki (head), Ariel Mu-cha, Maria Stępniewska-Janowska and Jakub Zy-gucki. The research results were presented during an open lecture conducted by Tomasz Regucki at the Al-lerhand Institute on 19 November 2013. Publications that will present the analyses in more detail are plan-ned for 2014.

TomaszRegucki,“Specificmodesofincreasingthesharecapital in joint stock company”

“398 Joint-Stock Companies were studied and over 1,100 corporate documents were analysed”

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HUMAN RIGHTS AND BUSINESS SECTION

INSOLVENCY AND REORGANIZA-TION LAW SECTION

RESEARCH SECTIONS OF THE ALLERHAND INSTITUTE

Human Rights and Business Section / Insolvency and Re-organization Law Section / Disputes Resolution Section / Companies Law and Capital Market Section / Intellectual Property Section / Energy and Natural Resources Section

JANUARY – organisation of a several day long stay of UN representative and the conference entitled ‘Implementation of Business and Human Rights UN Guiding Principles. Chances, Challenges and National Scheme of UN Guiding Principles Imple-mentation’

JUNE – NOVEMBER – ‘I have a right’ project

SEPTEMBER – participation in the organisation of the ‘OECD Guidelines for Multinational Enterprises and trade unions. Polish perspective’ training addres-sed to members of trade unionsCo-organisation of „Global education for children” training

OCTOBER – organisation of workshops for NGOs entitled ‘OECD Guidelines for Multinational Enter-prises’

SEPTEMBER – NOVEMBER – preparation of sub-stantive schedule of „Allerhand Labour Law Summit 2013”

LISTOPAD – participation in organisation of workshops entitled ‘CSR & Human Rights - A Game Changer! How the UNGPs relate to CSR’

DECEMBER – participation in organisation of me-eting entitled ‘CSR management in the workplace’

ACTIVITY OF THE ALLERHAND ADVOCACY SECTION – preparation of a concept note on the need for reform and reinforcing OECD National Con-tact Point (June 2013)

JULY – after a year since the commencement of the Group for the Amendment to the Bankruptcy and Reorganization Law that included Members of the Al-lerhand Institute Insolvency Law Section, the draft of theses to the Restructuring Law Act was transferred to public and inter-ministerial consultations. At the moment, after consultations which concluded in Sep-tember, the draft is going through a further legislative procedure.

SEPTEMBER – NOVEMBER – preparation of the substantive Schedule for 5th Polish Congress of Ban-kruptcy and Reorganization Law - INSO 2013.

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DISPUTES RESOLUTION SECTION

APRIL - JUNE – Head of the Section Kamil Zawicki, attorney at law, participated in the preparation of the substantive schedule for the Polish Congress of Court Disputes, Mediation and Arbitration

SEPTEMBER – creation of the Disputes Resolution

Section and the establishment of its management

OCTOBER – the ‘Commercial Arbitration in Po-land’ seminar was held at the Institute, conducted by Kamil Zawicki, attorney at law, Head of the Disputes Resolution Section.

RITA grant for the ‘I have a right’ project

GRANTS

• RITA grant• Trust for Civil Society in Central and Eastern

Europe (2013)

June - November www.mam-prawo.org

The Grant Commission of the ‘Region in Transition’ – RITA program appointed by Polish-American Free-dom Foundation gave the Allerhand Institute a grant for the implementation of the ‘I have a right’ project.

The project was carried out by the Allerhand Institute and the Belarussian Helsinki Committee in coope-ration with other non-governmental organisa-tions and institutions, including, among others, The Halina Nieć Legal Aid Center, (HNLAC), Association for Legal In-tervention and indepen-dent experts. As part of the project, information materials concerning fo-reigners’ rights were cre-ated, and spread among foreigners in Poland and other countries. These materials had the form of

short texts that presented individual areas as well as of 12 short trailers also available on social portals. The materials were created in Polish, Russian and Ukra-inian and they are addressed, in particular, to people coming from countries that offer special facilitations as regards employment in Poland.

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Society in Centraland Eastern Europe Grant

The Allerhand Institute received a grant from Trust for Civil Society in Central and Eastern Europe - in-dependent aid organisation, the objective of which is to support the development of the civil society in Central and Eastern Europe. Thanks to this support, it was possible to strengthen the Institute as well as to develop its research activity (Allerhand Research)

and civil activity (Allerhand Advocacy). The streng-thening and intensification of the research work of the Institute was particularly important. Financial means from the grant allowed us to employ a fundraiser who supervised the creation of research grants applica-tions.

DECEMBER - with the publication of the research work ‘Legal me-chanisms of transferring means to Open-End Pension Funds’ Con-stitutional and legal opinions’ edited by Professor Radosław Pacud, The Allerhand institute Publishing House commenced its activity. The Publishing House and e-bookshop will broaden the group of those who receive thoughts and solutions created at the Allerhand Institute. The subsequent books from the realms of financial regula-tions, tax law, history of legal thought, restructuring law and others are being prepared. The Publishing House is open for cooperation with lawyers - authors.

Website:

E-mail:

http://allerhand.pl/index.php/pl/dzialalnosc/oficyna-allerhanda.html

[email protected]

ALLERHANDPUBLISHING HOUSE

ALLERHANDPUBLISHING HOUSE

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Arkadiusz Radwan, PhD among the 50 Most Influential Lawyers of Dziennik Gazeta Prawna – (24 place)

Beata Faracik on the List of the 50 Women of Polish CSR, pu-blished by Responsible Business Forum. This is the first initiative of this kind in Poland. 50 women in the ranking are experts, managers and directors who are connected with the subject of responsible business and sustainable development in their daily work

SUCCESSES OF THE ALLERHAND INSTITUTE MEMBERS

Arkadiusz Radwan, PhD / Beata Faracik / Bartosz Groele / Paweł Litwiński, PhD / dr Krzysztof Grabowski

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Bartosz Groele, Vice-President of the Allerhand Institute and Se-cretary of the Insolvency Law Section as well as Patryk Filipiak, PhD member of this Section are among the winners of ‘Rising Stars 2013’ competition organised by Dziennik Gazeta Prawna and Lexi-sNexis Polska. 30 young lawyers - innovators and leaders of tomor-row received commendation in this competition. The awards gala was held at the Copernicus Science Centre on 24 October

BARTOSZ GROELE - 6th placePATRYK FILIPIAK, PhD - 3rd place

Paweł Litwiński, PhD, member of the Allerhand Institute Intellec-tual Property Section, as one of two Polish citizens was appointed by the European Commission to be a member of expert group for cloud computing agreements

Krzysztof Grabowski, PhD, member of Academic Association of the Allerhand Institute was appointed into a 30-person expert gro-up of European Securities and Markets Authority, ESMA

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At the moment the Team includes:

MAŁGORZATA GĄDEK – Office AssistantMARTA GÓRAL – Manager for Administration and HRJADWIGA KOZIEŃ – Head of the Event Organisation SectionMICHAŁ PACUŁT – Graphic Designs and IT SpecialistTOMASZ REGUCKI – Researcher

The following persons have also cooperated with the Institute in 2013:

STANISŁAW ALWASIAK – Fundraising SpecialistANNA E. DZIEDZIC – Communication and PR SpecialistBEATA FARACIK LL.M. – Managing Director, Head of Business and Human Rights SectionJOANNA HAJDA – Communication and PR Specialist KAROLINA KUBALA – Office Assistant MARIUSZ PURGAŁ – Proxy, Secretary of Companies Law Section(previously Head of Legal Section)KATARZYNA RUDECKA – Graphic Designs and IT Specialist IZABELA RUDECKA-RADWAN – Financial Director, Management Board Member, (July 2011 - August 2013) member of Main Board of the Institute since September 2013

Scientific career of the Allerhand Institute members and co-workers

10 JUNE - Adam Redzik, PhD is awarded the academic degree of Habilitated Doctor of Laws. His Habi-litation thesis is as follows: ‘Stanisław Starzyński (853-1935) and the development of Polish constitutional law science’

14 OCTOBER - Magdalena Czajkowska who cooperates with the Institute is awarded the academic degree of Doctor. The topic of her doctoral dissertation is as follows: ‘The centre of fair competition rule in light of the public procurement act, against the background of EU law’

25 NOVEMBER - Krzysztof Grabowski, member of Academic Association of the Allerhand Institute is awarded the academic degree of Doctor. The subject of his doctoral dissertation is as follows: ‘Shareholders Rights Directive (2007/36/EC) – study of law creation’

TEAM – The performance of enterprises undertaken by the Al-lerhand Institute would not be possible without the day-to-day work of the Team that performs its duties at offices located at Plac Sikor-skiego in Krakow. In 2013, the works of the Team were directed by Beata Faracik, Proxy responsible for the coordination of current ac-tivity of the Institute and Jadwiga Kozień, Head of the Event Organi-

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MANAGEMENT BOARD

MAIN BOARD

SUPERVISORY BOARD

FOUNDERS

ARKADIUSZ RADWAN, PhD – PresidentWOJCIECH ROGOWSKI, PhD – Vice-president

BARTOSZ GROELE, attorney at law – Vice-president

Leszek Allerhand, MD

Michał Bobrzyński, LL.M.

Professor Grzegorz Domański

Izabela Rudecka-Radwan

Krzysztof Oplustil, PhD

Arkadiusz Radwan, PhD

Adam Redzik, PhD

Wojciech Rogowski, PhD

Kinga Bauer, PhD

Łukasz Gorywoda, PhD, LL.M.

Janusz Antoni E. Milewski

Adam Redzik, PhD

Leszek Allerhand, MD

Michał Bobrzyński, LL.M.

Professor Grzegorz Domański

Arkadiusz Radwan, PhD

Adam Redzik, PhD

Wojciech Rogowski, PhD

Professor Stanisław Sołtysiński

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JUNE – Study Visit of the Forum for Dialogue Among Nations - we had the pleasure of hosting the group of teachers connected with the American or-ganisation - Facing History and Ourselves at the In-stitute.

JULY – SEPTEMBER – Ukrainian students and doctoral students participated in an apprenticeship at the Allerhand Institute during summer holiday months. Apprentices worked, in particular, on the ‘I have a right’ project as a part of which the information portal about the regulations for foreigners in Poland, Ukraine and Belarus was created (www.mam-prawo.org), they also supported members of the Institute in research concerning Russian and Ukrainian company law and decisions of the European Court of Human

Rights as well as assisted in prepara-tions for the 2nd Polish Congress of Financial Markets Regulation FinReg 2013 The following pe-ople participated in the appren-

ticeship at the Institute: Marjana Szupjana and Mykola Mynio, doctoral students at Faculty

of Law of Ivan Franko National University of Lviv; Khrystyna Potapenko, doctoral student of Jagiello-nian University; Iwanna Czajkowska, 3-year student of Faculty of Finances at Ternopil National Economic University; Khrystyna Morjak-Protopopova, PhD as-sistant at the Department of Legal and National Hi-story; Bogdan Leszczyszyn and Krystyna Wolosatska, 5-year students, Olha Nykorak, 3-year student; Yuliia Hotkaliuk, 4-year student of National Law Faculty at Ternopil National Economic University; Taras Lesz-kowycz, doctoral student at Criminal Proceedings and Criminal Studies Department and Lilia Turczyn, doctoral student at Civil Law and Civil Proceedings Department of Faculty of Law of Ivan Franko Natio-nal University of Lviv.

FROM THE INSTITUTE’S LIFE

28th June: it was 145th anniversary of the Institute’s patron, Maurycy Allerhand’s,

birthday

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SEPTEMBER – the new, eleventh division of Krakow National Museum was created At Plac Sikorskiego 6, in close proximity to the Institute. A rich collection of Western-European art will be exhibited in the buil-ding of 17th-century Granary. The Allerhand Institute commenced cooperation with Europeum. Members of the Management Board: Arkadiusz Radwan, PhD, Izabela Rudecka-Radwan and Wojciech Rogowski, PhD were representatives of the Institute at the Eu-ropeum opening ceremonym.

Museum website: http://www.muzeum.krakow.pl/Europeum.1482.0.html

25 OCTOBER – Thanks to Leszek Hański, legal co-unsel, the Library of the Allerhand Institute gained 25 Old Prints that in the past belonged to Professor Maurycy Allerhand. These are, in majority, publica-tions from the Austria-Hungary monarchy period; some of them contain the Professor’s hand-written si-gnature. We would like give our warm thanks to the Benefactor!

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13 DECEMBER – the Christmas meeting was held at the Institute. The Team and Management Board of the Allerhand Institute as well as friends and co-workers of the Institute participated in the meeting. We had also the pleasure of having Leszek Allerhand as a guest.

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PUBLICATIONS

‘Analysis of the possibilities of applying Employee Stock Ownership Plan (ESOP) to Polish economic reality’

‘Constitutional and legal evaluation of recommendations concerning the 2nd pil-lar included in the governmental review of the retirement system of 26 June 2013’

‘Legal mechanisms of transferring means to Open-End Pension Funds. Legal and constitutional opinions’

‘Challenges of financial market regulation’

Arkadiusz Radwan, PhD, Tomasz Regucki, Kraków, August 2013

Arkadiusz Radwan, PhD, Robert Mężyk, LL.M., Kraków, August 2013

edited by Professor Radosław Pacud

edited by Wojciech Rogowski, PhD

www: http://www.allerhand.pl/images/20130903_Radwan_Regucki02.pdf

http://www.allerhand.pl/images/Ekspertyza20130830.pdf

http://allerhand.pl/index.php/pl/dzialalnosc/oficyna-allerhanda.html

A collective work that provides an insight into the issue of the constitutionality of proposed amen-dments from the perspective of, among others, social security law, capital system construction and economic analysis of law, published by the Allerhand Institute Publishing House.

The monograph is one of the first publications in Poland, which relate to legal and institutional so-lucions regarding contemporary challenges of financial markets regulations.

C.H. Beck published the second edition of Commentary to Personal Data Pro-tection Act written by Paweł Barta, lawyer and Paweł Litwiński, PhD member of the Allerhand Institute Intellectual Property Section. The book is available here:

http://www.ksiegarnia.beck.pl/prawo-krotkie-komentarze-becka/id9790,Ustawa-o-ochronie-danych-osobowych.-Komentarz.html

External Publications

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HONORARY PATRONS

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PARTNERS