An introduction of mortgage currency loans to the banks offers, particularly the indexed to a foreign currency and denominated in a foreign currency loans, based on agreements containing abusive clauses which lead, in the consumer/borrower's individual relations, to the violation of his legal and economic interest and on the financial system level to the creation the risk of its instability (systemic risk).
In many European countries, in Hungary for instance, the problem was solved ex post on the statutory level by the legislator’s interference. In others, for example in Romania, such statutory solutions were contested by the constitutional courts. In the remaining ones, such as Poland, Spain or Austria, the problem was left to be solved within the individual cases by the civil or arbitration courts. The latter solution requires however the development of lines of jurisprudence solving the contentious legal issues resulting from the complicated legal relations that occurred between the banks and the consumers/borrowers. Given the above, the author undertook to analyse the judicial decisions of the European Court of Justice, Polish common courts and the Supreme Court in order to indicate these nodal issues which often evoke the discrepancies in jurisprudence, as well as to present the possible solutions. The importance of the issue is crucial not only to the economic condition of the households and financial results of particular banks, but also to the stability of the whole financial sector.
The implementation of the research goal adopted in this article requires the application of legal research methods, such as in particular the general theoretical method and the formal-dogmatic method.

The aim of this article is to provide the synthetic presentation of over twenty years of Poland’s experience in establishing and obeying the system of fiscal rules. This experience depicts the scale of problems entailed by public authorities’ low determination as regards observance of constraints imposed on them. Therefore, it is necessary to substantially reinforce the budgetary frameworks in Poland with the use of the best European models. Firstly, the ESA 2010 standards should be fully implemented into the Polish legal order. Secondly, the Polish system of fiscal rules should be complemented with the budget balance rule, which would make it easier to achieve and maintain a medium-term budgetary objective defined by the EU regulations. Thirdly, a fiscal institution should be established, which would allow for constant and independent of the government monitoring of the observance of fiscal rules. Such institutional changes would make it possible to constrain the discretionary nature of the fiscal policy and, consequently, would increase Poland’s fiscal sustainability in the medium and long term. The basic research methods used in this paper are dogmatic analysis and comparative legal analysis.

The crisis begun in 2007 exposed the weakness of the existing regulations, revealing challenges for legislators all over the world. Financial stability started to be understood as an essential value for the proper operation of the financial market. It has become important to address the question as to how to protect financial markets from more crises, or at least alleviate their effects. The idea of supervision of a financial market has undergone thorough transformation. Particular emphasis has been placed on protecting buyers of financial services. Adequate customer protection has been recognized as a sign of trust in the market and its stability and has gained systemic importance and relevance for the European financial system.
There is a growing tendency to enlarge the group of subjects eligible for special protection. it is becoming an increasingly common idea that not only consumers but all non-professional customers should be protected. The idea is becoming widespread that the weaker party to a legal transaction can be not only a consumer [natural person] but also a non-professional market entity. Such a solution is certainly appropriate. Narrowing down the ‘consumer’ to a natural person may seem artificial and out of line with market realities, not to mention the serious consequences of bad financial decisions taken by non-professional financial market participants.
Another important challenge facing the modern financial market is to establish a system of institutional safeguards to ensure security for all market entities and to enforce fair play rules. However, even the best provisions of substantive law, though necessary, may prove to fall short.
Therefore, there is a pressing need for strong and competent both state and international institutions duly equipped with auditing and supervisory powers to deal with the present situation. They should also have the possibility of enforcing substantive laws in a way that allows for flexible responses to any emerging threat to the protected values.
The shift towards a regulatory and supervisory method of protection sets a more serious tone for the supervision model adopted for the financial market. In it, the market is responsible not only for ensuring that the supervised entities operate correctly, but also for the quality of services that they provide.

This paper deals with the financial transaction tax in the European Union. While it is currently a matter of enhanced cooperation between several Member States regulated only at the national level, it is considered to be a potentially good source of the EU’s own resources. The negotiations about its implementation on the EU recently begun again as there is need to search for funds for the economic recovery after the coronavirus pandemic.
The author works with the hypothesis that if the taxation of financial transactions and the financial sector as such is beneficial, harmonization within the free market of the European Union is necessary. From scientific methods, it will mainly use the analysis of proposals for a new system of taxation of financial transactions to confirm or refute it. In order to be able to put the issue into a suitable context, the method of interpretation will also be used, especially in the first chapter dealing with the issue of sectoral taxation. With regard to the problematic nature of the examined type of tax, a comparison will be made in several parts - while examining the current state and possible developments in the future. The professional literature does not yet deal with this topic, so it will be used rather in support of other sources, such as legislative documents of national and community institutions, and press releases.
In addition to processing the above hypothesis by the proposed methods, the aim of this work is also to provide an overview of the current state of affairs both at the level of the European Union and within the Czech Republic. Sectoral taxation is by its nature a political issue, so there is room for controversy about its suitability, effectiveness, and impact on society.

The provision of Art. 11 of the Council Directive 2006/112 of 28 November 2006 on the common system of value added tax (VAT Directive) introduces the VAT group’s concept. It should be noted that it grants a right and not an obligation on a Member State (MS) to transpose this text into its domestic law on appropriate way. So far, Bulgaria has not such provision in its national legislation.
The current study is dived into three main parts. The first examines some relevant case law of the Court of Justice of the European Union (CJEU) in this matter that will be followed by author’s comment. The second emphasizes certain VAT group’s specifics through the prism of the domestic legislation of some MSs. The third refers to its possible future transposition into the Bulgarian tax law. Taking into account both the European and the national practice on this issue, the author will try to design an exemplary VAT group’s provision from Bulgarian perspective.

The impact of the importance of finance on social life, unprecedented in history, has numerous consequences. Basing the world economy on debt money may significantly change the existing ownership systems and lead to the formation of a new world power based on turbo-capitalism. These tendencies are supported by the postulate to limit the influence of ethics on economic behavior, which leads to the support of the general policy of overconsumption. The aim of this article is to highlight some of the threats resulting from the progressive financialisation of social life and the development of corpo-capitalism. Some theses from the field of Catholic social thought will serve as the background for the following reflection. The analytical-synthetic method adopted in the article consists in comparing selected moral threats present in the sphere of contemporary finances with some statements taken from documents and studies in the area of social Christian morality. This procedure aims to emphasize the need to recognize the key role of the ethical dimension of economic life as an element of the internal structure of any free, truly human behavior.

The concept of legal relationship is a tool that lawyers use to describe the legal situation in which entities find themselves due to applicable legal norms. It is therefore a tool for practical analysis of legal norms. The concept of a legal relationship and other legal concepts related to it are used by a lawyer to determine what rights and obligations a particular entity has in a given legal system in relation to the situation of another entity. In other words, it serves to describe the interdependence of the legal situation of entities due to applicable legal norms. Analysis of the legal relationship and related concepts are also useful for researching the behavior of some entities towards others due to applicable legal norms. The concept of legal relationship and the concepts associated with it are therefore a tool for analyzing law in action, thanks to which it is possible to solve a number of legal problems arising in the practice of applying law. It is important for those branches of law in which there are correlations between legal situations of entities of these branches of law. Therefore, it is also important for the tax law and tax research, in which there are relations between the state and taxpayers and other entities of tax law.
Although from the most general point of view the structure of the legal relationship may seem to be very similar, however, legal relations in particular branches of law have their own characteristics. This diversity results from the fact that the content of elements determining specific legal relations in these branches of law is different, such as: the subject of the law, facts causing the creation and termination of the legal relationship as well as the content of the rights and obligations of the parties to this relationship. Research on these elements of the legal relationship allows to achieve specific theoretical and practical goals. Due to the fact that they are embedded in applicable law, they allow to build a model of legal relationship, which becomes a tool for practical analysis of applicable law. Secondly, their study allows to deepen knowledge of the characteristics of individual elements of this relationship, such as the subjects of this right. Thanks to this, it is possible to decide what features an entity should have to be able to become the owner of the rights or obligations of a given branch of law, including tax law. The structure of subjectivity in this branch of law is significantly different from the legal subjectivity of civil law. They also allow to catch the relationships between individual rights and individual rights and obligations regulated in a given branch of law. Finally, they allow to understand the premises that give rise to the rights and obligations incumbent on the subjects of a given branch of law. This in turn allows for an in-depth analysis of the tax law norms themselves, as well as views on individual institutions of this law and their critical analysis, as well as a critical analysis of the views of case law on these legal institutions.
In the field of tax law science of various countries, models of a tax law relationship have been already created, which allow ordering and analysis of tax law norms. However, many other countries as the Polish tax law science did not pay much attention to this issue of tax law. Therefore, in many countries the most general model of tax law relationship created by the theory of law is used. The same has happened in Polish tax law science. However, this is an insufficient model, as it requires taking into account the state of tax legislation and the specifics of its regulations. Hence, considerations of tax law doctrine’s sometimes lack consistency due to the lack of an appropriate research tool in the form of a tax law relationship model. They also often conflict with each other, because the starting points for the analyses are different. Therefore, further research on tax law relationship is necessary in this field.
This paper presents the assumptions concerning scientific research on developing the concept of a tax law relationship.

This article deals with tax rules for alternative investment companies. The main aim of the contribution is approximation of the specifics of income taxation and also the answer to the question whether companies of this type can be used more widely outside Poland for the purposes of international tax planning.

This article deals with the effect of the central registry of beneficial owners in terms of money laundering and terrorist financing. The main purpose of the article is to provide a comprehensive overview of the functioning of central registries of beneficial owners both at the national and European levels. The author focuses mainly on the issue of the European Central Platform as well as on the Centralized Registry of Bank Accounts. This article aims to confirm or refute the hypothesis that the current legislation is insufficient and that the established legal framework has certain gaps that may affect the original intent and goals of the central registry of beneficial owners. Within the application issues, we also deal in more detail with the question of whether the central registry of beneficial owners can be seen as reliable and whether it contains up-to-date information.

The emergence of the current forms of functioning of the economy has been conditioned mainly by factors such as technical, technological and informational innovations, but also by a change in the perception of values in society (e.g. attitudes towards the environment). One of the new (current) economic forms already implemented is the sharing/collaborative economy. The paper aims at identifying the meaning of the content of the term sharing/collaborative economy as well as the positives and negatives of the sharing/collaborative economy model in the current hyper-competitive globalisation environment (e.g. risks for standard economic sectors such as transport, accommodation and food services). The paper also includes a partial prediction of the impact of the COVID-19 pandemic on the functioning of the sharing/collaborative economy.

JEL Classification: P458

State aid is one of the wrong ways how to help any private entity when there is no other option, but in certain cases it is necessary from the larger point of view to do so. At least we were used to it especially in cases of big financial (or another) institutions, which are too big to fail, and it might be reasonable to “save” these entities to prevent bigger economic and social loss. For example, when bank fails, then many creditors lose their savings (although there is the deposit guarantee schemes), so they might stop using banking system, many people would lose their jobs (extra social expenses for state). This will all lead to reduce investing money for investors or consumers and that’s basically wrong for economy itself. On the other hand, state aid is highly negative for competition, because all those private entities without any need for state aid are disadvantaged. And finally, its taxpayer’s money, used for state aid and its big state expenditure for any country. The only way how to maintain good and healthy economic system without state aid is prevention. One of the preventions is Single resolution mechanism.

The article provides an analysis of the institute of digital services with an emphasis on digital services taxation. Firstly, the article deals with the definition of concepts that characterize digital services in EU law and then defines digital services specifically from a tax point of view. The article also deals with the idea of an interim and a comprehensive solution of digital taxation and introduces selected unilateral measures of digital taxation. The above subject of research is analysed by applying basic methods of legal science, especially the method of scientific analysis with the dominant application of the comparative method.

An introduction of mortgage currency loans to the banks offers, particularly the indexed to a foreign currency and denominated in a foreign currency loans, based on agreements containing abusive clauses which lead, in the consumer/borrower's individual relations, to the violation of his legal and economic interest and on the financial system level to the creation the risk of its instability (systemic risk).
In many European countries, in Hungary for instance, the problem was solved ex post on the statutory level by the legislator’s interference. In others, for example in Romania, such statutory solutions were contested by the constitutional courts. In the remaining ones, such as Poland, Spain or Austria, the problem was left to be solved within the individual cases by the civil or arbitration courts. The latter solution requires however the development of lines of jurisprudence solving the contentious legal issues resulting from the complicated legal relations that occurred between the banks and the consumers/borrowers. Given the above, the author undertook to analyse the judicial decisions of the European Court of Justice, Polish common courts and the Supreme Court in order to indicate these nodal issues which often evoke the discrepancies in jurisprudence, as well as to present the possible solutions. The importance of the issue is crucial not only to the economic condition of the households and financial results of particular banks, but also to the stability of the whole financial sector.
The implementation of the research goal adopted in this article requires the application of legal research methods, such as in particular the general theoretical method and the formal-dogmatic method.

The aim of this article is to provide the synthetic presentation of over twenty years of Poland’s experience in establishing and obeying the system of fiscal rules. This experience depicts the scale of problems entailed by public authorities’ low determination as regards observance of constraints imposed on them. Therefore, it is necessary to substantially reinforce the budgetary frameworks in Poland with the use of the best European models. Firstly, the ESA 2010 standards should be fully implemented into the Polish legal order. Secondly, the Polish system of fiscal rules should be complemented with the budget balance rule, which would make it easier to achieve and maintain a medium-term budgetary objective defined by the EU regulations. Thirdly, a fiscal institution should be established, which would allow for constant and independent of the government monitoring of the observance of fiscal rules. Such institutional changes would make it possible to constrain the discretionary nature of the fiscal policy and, consequently, would increase Poland’s fiscal sustainability in the medium and long term. The basic research methods used in this paper are dogmatic analysis and comparative legal analysis.

The crisis begun in 2007 exposed the weakness of the existing regulations, revealing challenges for legislators all over the world. Financial stability started to be understood as an essential value for the proper operation of the financial market. It has become important to address the question as to how to protect financial markets from more crises, or at least alleviate their effects. The idea of supervision of a financial market has undergone thorough transformation. Particular emphasis has been placed on protecting buyers of financial services. Adequate customer protection has been recognized as a sign of trust in the market and its stability and has gained systemic importance and relevance for the European financial system.
There is a growing tendency to enlarge the group of subjects eligible for special protection. it is becoming an increasingly common idea that not only consumers but all non-professional customers should be protected. The idea is becoming widespread that the weaker party to a legal transaction can be not only a consumer [natural person] but also a non-professional market entity. Such a solution is certainly appropriate. Narrowing down the ‘consumer’ to a natural person may seem artificial and out of line with market realities, not to mention the serious consequences of bad financial decisions taken by non-professional financial market participants.
Another important challenge facing the modern financial market is to establish a system of institutional safeguards to ensure security for all market entities and to enforce fair play rules. However, even the best provisions of substantive law, though necessary, may prove to fall short.
Therefore, there is a pressing need for strong and competent both state and international institutions duly equipped with auditing and supervisory powers to deal with the present situation. They should also have the possibility of enforcing substantive laws in a way that allows for flexible responses to any emerging threat to the protected values.
The shift towards a regulatory and supervisory method of protection sets a more serious tone for the supervision model adopted for the financial market. In it, the market is responsible not only for ensuring that the supervised entities operate correctly, but also for the quality of services that they provide.

This paper deals with the financial transaction tax in the European Union. While it is currently a matter of enhanced cooperation between several Member States regulated only at the national level, it is considered to be a potentially good source of the EU’s own resources. The negotiations about its implementation on the EU recently begun again as there is need to search for funds for the economic recovery after the coronavirus pandemic.
The author works with the hypothesis that if the taxation of financial transactions and the financial sector as such is beneficial, harmonization within the free market of the European Union is necessary. From scientific methods, it will mainly use the analysis of proposals for a new system of taxation of financial transactions to confirm or refute it. In order to be able to put the issue into a suitable context, the method of interpretation will also be used, especially in the first chapter dealing with the issue of sectoral taxation. With regard to the problematic nature of the examined type of tax, a comparison will be made in several parts - while examining the current state and possible developments in the future. The professional literature does not yet deal with this topic, so it will be used rather in support of other sources, such as legislative documents of national and community institutions, and press releases.
In addition to processing the above hypothesis by the proposed methods, the aim of this work is also to provide an overview of the current state of affairs both at the level of the European Union and within the Czech Republic. Sectoral taxation is by its nature a political issue, so there is room for controversy about its suitability, effectiveness, and impact on society.

The provision of Art. 11 of the Council Directive 2006/112 of 28 November 2006 on the common system of value added tax (VAT Directive) introduces the VAT group’s concept. It should be noted that it grants a right and not an obligation on a Member State (MS) to transpose this text into its domestic law on appropriate way. So far, Bulgaria has not such provision in its national legislation.
The current study is dived into three main parts. The first examines some relevant case law of the Court of Justice of the European Union (CJEU) in this matter that will be followed by author’s comment. The second emphasizes certain VAT group’s specifics through the prism of the domestic legislation of some MSs. The third refers to its possible future transposition into the Bulgarian tax law. Taking into account both the European and the national practice on this issue, the author will try to design an exemplary VAT group’s provision from Bulgarian perspective.

The impact of the importance of finance on social life, unprecedented in history, has numerous consequences. Basing the world economy on debt money may significantly change the existing ownership systems and lead to the formation of a new world power based on turbo-capitalism. These tendencies are supported by the postulate to limit the influence of ethics on economic behavior, which leads to the support of the general policy of overconsumption. The aim of this article is to highlight some of the threats resulting from the progressive financialisation of social life and the development of corpo-capitalism. Some theses from the field of Catholic social thought will serve as the background for the following reflection. The analytical-synthetic method adopted in the article consists in comparing selected moral threats present in the sphere of contemporary finances with some statements taken from documents and studies in the area of social Christian morality. This procedure aims to emphasize the need to recognize the key role of the ethical dimension of economic life as an element of the internal structure of any free, truly human behavior.

The concept of legal relationship is a tool that lawyers use to describe the legal situation in which entities find themselves due to applicable legal norms. It is therefore a tool for practical analysis of legal norms. The concept of a legal relationship and other legal concepts related to it are used by a lawyer to determine what rights and obligations a particular entity has in a given legal system in relation to the situation of another entity. In other words, it serves to describe the interdependence of the legal situation of entities due to applicable legal norms. Analysis of the legal relationship and related concepts are also useful for researching the behavior of some entities towards others due to applicable legal norms. The concept of legal relationship and the concepts associated with it are therefore a tool for analyzing law in action, thanks to which it is possible to solve a number of legal problems arising in the practice of applying law. It is important for those branches of law in which there are correlations between legal situations of entities of these branches of law. Therefore, it is also important for the tax law and tax research, in which there are relations between the state and taxpayers and other entities of tax law.
Although from the most general point of view the structure of the legal relationship may seem to be very similar, however, legal relations in particular branches of law have their own characteristics. This diversity results from the fact that the content of elements determining specific legal relations in these branches of law is different, such as: the subject of the law, facts causing the creation and termination of the legal relationship as well as the content of the rights and obligations of the parties to this relationship. Research on these elements of the legal relationship allows to achieve specific theoretical and practical goals. Due to the fact that they are embedded in applicable law, they allow to build a model of legal relationship, which becomes a tool for practical analysis of applicable law. Secondly, their study allows to deepen knowledge of the characteristics of individual elements of this relationship, such as the subjects of this right. Thanks to this, it is possible to decide what features an entity should have to be able to become the owner of the rights or obligations of a given branch of law, including tax law. The structure of subjectivity in this branch of law is significantly different from the legal subjectivity of civil law. They also allow to catch the relationships between individual rights and individual rights and obligations regulated in a given branch of law. Finally, they allow to understand the premises that give rise to the rights and obligations incumbent on the subjects of a given branch of law. This in turn allows for an in-depth analysis of the tax law norms themselves, as well as views on individual institutions of this law and their critical analysis, as well as a critical analysis of the views of case law on these legal institutions.
In the field of tax law science of various countries, models of a tax law relationship have been already created, which allow ordering and analysis of tax law norms. However, many other countries as the Polish tax law science did not pay much attention to this issue of tax law. Therefore, in many countries the most general model of tax law relationship created by the theory of law is used. The same has happened in Polish tax law science. However, this is an insufficient model, as it requires taking into account the state of tax legislation and the specifics of its regulations. Hence, considerations of tax law doctrine’s sometimes lack consistency due to the lack of an appropriate research tool in the form of a tax law relationship model. They also often conflict with each other, because the starting points for the analyses are different. Therefore, further research on tax law relationship is necessary in this field.
This paper presents the assumptions concerning scientific research on developing the concept of a tax law relationship.

This article deals with tax rules for alternative investment companies. The main aim of the contribution is approximation of the specifics of income taxation and also the answer to the question whether companies of this type can be used more widely outside Poland for the purposes of international tax planning.

This article deals with the effect of the central registry of beneficial owners in terms of money laundering and terrorist financing. The main purpose of the article is to provide a comprehensive overview of the functioning of central registries of beneficial owners both at the national and European levels. The author focuses mainly on the issue of the European Central Platform as well as on the Centralized Registry of Bank Accounts. This article aims to confirm or refute the hypothesis that the current legislation is insufficient and that the established legal framework has certain gaps that may affect the original intent and goals of the central registry of beneficial owners. Within the application issues, we also deal in more detail with the question of whether the central registry of beneficial owners can be seen as reliable and whether it contains up-to-date information.

The emergence of the current forms of functioning of the economy has been conditioned mainly by factors such as technical, technological and informational innovations, but also by a change in the perception of values in society (e.g. attitudes towards the environment). One of the new (current) economic forms already implemented is the sharing/collaborative economy. The paper aims at identifying the meaning of the content of the term sharing/collaborative economy as well as the positives and negatives of the sharing/collaborative economy model in the current hyper-competitive globalisation environment (e.g. risks for standard economic sectors such as transport, accommodation and food services). The paper also includes a partial prediction of the impact of the COVID-19 pandemic on the functioning of the sharing/collaborative economy.

JEL Classification: P458

State aid is one of the wrong ways how to help any private entity when there is no other option, but in certain cases it is necessary from the larger point of view to do so. At least we were used to it especially in cases of big financial (or another) institutions, which are too big to fail, and it might be reasonable to “save” these entities to prevent bigger economic and social loss. For example, when bank fails, then many creditors lose their savings (although there is the deposit guarantee schemes), so they might stop using banking system, many people would lose their jobs (extra social expenses for state). This will all lead to reduce investing money for investors or consumers and that’s basically wrong for economy itself. On the other hand, state aid is highly negative for competition, because all those private entities without any need for state aid are disadvantaged. And finally, its taxpayer’s money, used for state aid and its big state expenditure for any country. The only way how to maintain good and healthy economic system without state aid is prevention. One of the preventions is Single resolution mechanism.

The article provides an analysis of the institute of digital services with an emphasis on digital services taxation. Firstly, the article deals with the definition of concepts that characterize digital services in EU law and then defines digital services specifically from a tax point of view. The article also deals with the idea of an interim and a comprehensive solution of digital taxation and introduces selected unilateral measures of digital taxation. The above subject of research is analysed by applying basic methods of legal science, especially the method of scientific analysis with the dominant application of the comparative method.