Volume 59, No. 6Law and Social Bonds no. 6 (vol. 59) 2025

The issue of states of emergency should be viewed in the context of the goal of protecting the most valuable assets of the state and its citizens (such as security, public order, and the constitutional system) in the face of specific threats. By its very nature, it requires the restriction, and sometimes suspension, of human freedoms and rights, as well as those of economic operators. Therefore, this is an area of ​​inquiry fraught with intense conflicts of values ​​– on the one hand, the overarching common goods, and on the other, fundamental human rights and the freedom to pursue economic activity. A state of emergency is a legal regime that allows state bodies to exercise public authority in a specific manner. These bodies are responsible for assessing the justification for declaring a specific state of emergency, and the undeniable criteria that should guide them include sets of values ​​related to states of emergency, which have specific sources and are in various configurations.

The paper presents the institution of a state of emergency from the perspective of fundamental concepts: power, democracy and constitutionalism. A state of emergency, understood as the suspension of the rules of constitutional separation and checks on power and the mandatory rule of law, is usually subject to serious subjective, procedural and temporal restrictions. The paper puts forward the thesis that the assumptions about the normative potential of regulations aimed at subjecting states of emergency to legal restrictions are illusory. An analysis of the conditions of a state of emergency: the circumstances of its introduction, its duration, and the negligible influence of democratic or judicial control over actions aimed at its introduction, as well as examples of practice despite the absence of a proclaimed state of emergency, points to the truth of the thesis about the decision-making nature of such actions.

This paper examines the issue of states of emergency from the perspective of public economic law, with particular emphasis on constitutional issues and public procurement law. Public economic law aims to protect the fundamental values of a market economy, such as freedom of economic activity and private property, which may only be restricted by law and only for reasons of important public interest. The introduction of states of emergency allows the state to temporarily interfere with these freedoms to a far-reaching extent, which may result in an increase in the powers of the state at the expense of entrepreneurs and the risk of perpetuating emergency regulations. At the same time, the Constitution imposes on the state an obligation to act proportionately, to limit the duration of such measures and to take into account the principles of compensation, although legislative practice shows that ‘special laws’ are often used to evade these restrictions. Public procurement law is intended to ensure transparency, competitiveness and efficiency in the spending of public funds, but in emergency situations, the lawmakers often introduce special laws that completely exclude the application of these procedures. Such solutions increase the discretion of the administration at the cost of contractors, limiting competition and preventing the achievement of both procurement and non-procurement objectives of public contracts. The lack of intermediate mechanisms (e.g. shortened procedures) and the abuse of total exemptions from the application of the Public Procurement Law may lead to a market imbalance and the risk of discretionary spending of public funds, which should be assessed in the light of the principle of proportionality.

Efficient spending of public funds is a crucial task for the state, even in times of particular threat and following the introduction of a state of emergency, whether martial law, a state of emergency, or a natural disaster. In such situations, it is essential to restore the state's normal functioning in the face of exceptional threats. Legal instruments and mechanisms specified in public procurement law can and should serve this purpose. Therefore, the aim of this study will be to demonstrate the extent to which public procurement and its legal frameworks align with the normative solutions of states of emergency and how they can be useful and utilized in such situations.

This paper examines the legal ramifications of derogating from human rights during states of emergency in accordance with international law, with particular reference to the International Covenant on Civil and Political Rights. It is predicated on the hypothesis that the political system's nature may influence the extent of human rights restrictions. The discussion is structured around the following research inquiries: How are human rights defined under international law, and in what ways do democratic standards affect the process of derogation from human rights? The analysis evaluates the legal modifications enacted in Poland in response to the declaration of the COVID-19 pandemic. The study employs the formal-dogmatic methodology.

One of the key issues in the relationship between EU law and national law is the question of which body – the Court of Justice of the European Union or the constitutional courts of the Member States – acts as the ultimate arbiter of the scope of EU competences. This issue has been reflected in two divergent answers: on the one hand, that of the CJEU, and on the other, that of certain constitutional courts of the Member States. In this context, particular attention should be given to the proposal to establish a Joint Chamber of Highest Courts and Tribunals of the EU, designed to resolve competence disputes of significant constitutional importance arising between the EU and a Member State. The purpose of this paper is to analyse this proposal, and in particular to assess whether it could provide a solution to the dispute over the “final say” in the EU constitutional order.

The European Convention on Human Rights primarily protects civil and political rights; however, according to the European Court of Human Rights, its interpretation “may extend into the sphere of social and economic rights.” This paper aims to analyse the relationship between the applicant’s status as vulnerable or as belonging to a vulnerable group, and the extension of the Convention’s protection into the domain of social rights. The research focuses on judgments and decisions of the ECtHR concerning the social dimension of rights enshrined in Articles 2, 3 and 8 of the Convention, in which the concept of vulnerability is invoked. The paper examines how the Court applies the concept of vulnerability and assesses its impact on the outcome of the case.

This paper asks whether the European Court of Human Rights (ECtHR) has driven a rights-based transformation of mental-health law, or merely refined a paternalistic status quo. Using doctrinal analysis of the ECHR and close reading of leading judgments, it situates Strasbourg case law within the Council of Europe’s normative framework (European Social Charter, Oviedo Convention) and soft-law developments, read against the CRPD. Three core findings emerge. First, the Court has thickened procedural protections under Articles 5 and 3, tightening admission standards, extending review to informal and social-care placements, and recognising therapeutic neglect as ill-treatment, while Article 8 jurisprudence increasingly foregrounds bodily integrity and participation. Second, non-consensual treatment is still treated largely as an incident of lawful detention, with deference to clinical expertise and risk-based reasoning; autonomy and equal legal capacity remain weak constraints. Third, Council of Europe soft law and equality norms outpace binding doctrine, endorsing deinstitutionalisation, informed consent, and supported decision-making. The paper prescribes recalibration: analytically decoupling detention from treatment, with capacity-sensitive review under Articles 3 and 8; enforcing rigorous least-restrictive-alternative tests, and integrating Article 14 scrutiny to expose structural discrimination.

The development of new technologies, especially artificial intelligence, creates enormous opportunities for humanity on the way to further progress and development. Nowadays, no one is surprised by the fact that robots work much more efficiently than humans, and the resources of the Internet are many times greater than human memory. Artificial intelligence will also inevitably enter the everyday life of the modern world, and there is no need to fear that the development of computer intelligence will soon surpass the potential of the human mind. However, already at this stage it is necessary to distinguish digital international law by outlining the ethical and legal framework for the operation of artificial intelligence systems. Without a doubt, such a framework must take into account human rights, data protection, the rule of law, protection of intellectual property, and principles of liability for damage caused by the actions of computer intelligence. The current European achievements (within the Council of Europe and the EU) in the field of regulation of initial standards for the principles of functioning of systems based on artificial intelligence are pioneering on a global scale and for this reason it is worth making a synthetic analysis of them. This is also the aim of this study.

This study aims to present the nature of international organisations' treaty-making powers, with a particular focus on their implied powers. While the powers expressly granted in the constitutional instrument of a given international organisation are clear, implied powers — a special category of attributed powers — require a complex implication process based on uncertain foundations and therefore attract far more criticism. Nevertheless, implication of powers allows for a more dynamic interpretation of attributed powers, which is especially important given the constantly evolving activities of international organisations in areas beyond the scope of their statutes. Due to the unique nature of this category of treaty-making powers and the associated questions concerning their basis and implication, the author considers this issue within the broader context of international organisations' capacities and powers.

The paper discusses the issue of national preventive mechanisms established by states in the performance of duties imposed by the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, adopted by the United Nations. The purpose of the study is to present specific challenges related to the establishment and functioning of institutions responsible for monitoring places of detention at the national level. These challenges stem from the unique nature of the two-pillar system of prevention established by the OPCAT, and the dualism of national preventive mechanisms, which are rooted in both international and domestic law. The author’s research is based on an analysis of four significant aspects: the wide margin of appreciation granted to states in establishing national preventive mechanisms, the obligation to guarantee the independence of mechanisms, granting access to all places of detention, and cooperation with the Subcommittee on Prevention. The study includes examples of established national preventive mechanisms and an analysis of the first general comment to OPCAT, adopted in 2024.  

This paper aims to demonstrate the impact of cultural differentiation related to the country of origin of refugees on their legal status and fundamental human rights and freedoms when entering Poland between 2021 and 2023. Due to the broad nature of the topic, the paper presents a selection of examples to illustrate the legal exclusion of certain groups seeking international protection in Poland. There is a demonstrable correlation between particular instances of human rights violations and the process of formulating and implementing legislation. Due to the multidimensionality of this issue, the paper is not intended to be exhaustive, but rather to outline a situational framework and background for more detailed analyses concerning systemic solutions for differentiating between refugees and migrants according to their country of origin when admitting them to a country and providing them with support.

This paper addresses issues concerning court jurisdiction in proceedings to determine whether a foreign judgment is recognised.  The need to discuss this topic stems from the fact that, as regards jurisdiction, the provisions in Title I of Book Three, Part Four of the Code of Civil Procedure, which govern the recognition of judgments of courts of foreign states or decisions of other foreign authorities, are limited to the succinct rule set out in Article 1148^1 § 1 of the Code of Civil Procedure (CCP).  Under that provision, an application for a determination that a judgment of a court of a foreign state is, or is not, subject to recognition is examined by the regional court that would have local jurisdiction to hear the case decided by the foreign court, or in whose circuit the locally competent district court is situated; failing such a basis, jurisdiction lies with the Regional Court in Warsaw. The doubts relate primarily to the method of determining the local jurisdiction of the court in this category of cases, in particular how to interpret the wording used in Article 1148^1 § 1 CCP: „the court locally competent to hear the case decided by the court of a foreign state or in whose circuit the locally competent district court is situated”. Given the topic of the article as framed above, it is also relevant to consider the court’s examination of jurisdiction in proceedings to determine whether a ruling of a foreign judgment is or is not recognised.

This study aims to demonstrate, using examples from selected European jurisdictions, the extent to which persons not related by blood or marriage to the deceased are protected in the event of their death. In other words, it considers those outside the traditionally and narrowly defined family unit. This protection can be seen at several levels: they may be granted intestate succession status, a right to a fixed portion of the estate or a forced share, certain housing rights (such as the right to use the dwelling and furnishings or succeed to a tenancy upon the tenant’s death) and maintenance-type claims. It is these various forms of protection that provide the framework for the analysis.

This paper addresses a specific type of legal relationship: parenthood, understood as a set of mutual rights and obligations between the mother and the father arising from the fact of having a child together. The scope of the analysis is limited to the rights and duties stemming from parental authority vested in both parents. Within the relationship between the mother and the father, the following are distinguished: the duty of mutual respect, the duty to cooperate in the best interests of the child, informational rights and obligations, and each parent’s right and duty to participate in, and to accept, the actions of the other. The study highlights that the appropriate attitude between parents arises both from the interdependent nature of their parenthood and from respect for the dignity and rights of the child.

A creditor whose debtor is one of the spouses may demand satisfaction from the entire joint property of the spouses (Article 41 § 1 of the Family and Guardianship Code) or from certain components of that property (Article 41 § 2 and 3 of the Family and Guardianship Code). However, in Article 36¹ of the Family and Guardianship Code, the legislator provided for the institution of a spouse's objection to the other spouse's intended management activity of joint property of the spouses. In view of the above regulations, the paper discusses the issue of the admissibility of a spouse's objection in a case where the spouse who is a debtor intends to repay the debt owed by him or her with funds from the joint property of the spouses, the effectiveness of the objection against the creditor, the legal consequences of the objection raised, and the impact of the institution of objection on the situation of the creditor of one of the spouses. In the author’s opinion, in order to determine whether the objection of a spouse against the debtor's intention to repay the debt from the joint property of the spouses is admissible, not only the content of Article 36¹ § 1 and Article 41 of the Family and Guardianship Code is relevant, but also the limitation period for claims against the debtor spouse. This paper also expresses the view that although the institution of objection serves a protective function towards the debtor's spouse, due to the content of Article 36¹ § 2 of the Family and Guardianship Code, which regulates the effectiveness of an objection against a third party, it poses a threat to the legitimate interests of the creditor.

The paper criticises the idea of introducing notarial divorces. The analysis covers constitutional aspects, the position of notaries in the political system, and axiological values. As an entrepreneur rather than an organ of justice, a notary lacks the key characteristics necessary to ensure a fair hearing of a case. At the same time, when looking at the proposed changes from the perspective of access to informal divorce, far more perfect solutions can be found, such as divorce by advocates and attorney-at-law.

This study examines the implementation of paternity and parental leave policies across Ibero-America, drawing attention to the similarities and differences between countries in the region. An exploratory review was conducted in Scopus. The results were filtered by time. Matches were then found based on abstracts and keywords. Official repositories were subsequently consulted to validate the results. Finally, the search was expanded to Google Scholar, which provided additional information and enabled the selection of three relevant cases (Chile, Colombia and Spain). This limited the analysis to the Ibero-American sphere. The results revealed significant variations in leave duration and usage, suggesting which countries are more likely to foster greater paternal involvement and reduce gender inequality in the workplace. The study discusses how differences in legislation and policies impact fathers’ involvement in childcare and its relation to workplace gender equality. The study highlights the need to strengthen family protection frameworks and parental co-responsibility models in Ibero-America, in order to support a more equitable distribution of childcare responsibilities within families, and to promote gender equality in the workplace and in wider society. In short, the study provides a critical analysis of parental models across Ibero-America, with the aim of informing changes in family dynamics and labour practices throughout the region.

Designations of origin are also protected when their characteristic ingredient is used in products other than those to which they are directly related. The mere fact that the quantity of the ingredient in such a product complies with the specification of the designation is not sufficient to exclude infringement of the right, particularly in terms of exploiting the designation's reputation. This is determined by the taste of the product, in which the said ingredient must be clearly perceptible. However, the CJEU judgment in this case, concerning Champagne contained in an ice cream dessert, did not specify precisely whose taste should be used to determine the presence of the essential characteristic of a given designation of origin in the product. This ambiguity, coupled with the additional unavailability of the sorbet on the market, caused the German courts, as national courts implementing the assumptions and guidelines adopted in the aforementioned judgment (and also in the Advocate General’s opinion), to apply a methodology for determining taste that raises serious doubts, particularly in terms of evidence.

Digital transformation is becoming increasingly widespread, and it can be said that it is an inevitable process. Digitization has enabled the streamlining of a wide range of tasks, from simple everyday activities to complex operations, enhancing efficiency, speed, and cost-effectiveness in their execution. The degree of digitization in a country is a key indicator of its level of development and the competitiveness of its economy. However, the phenomenon of digitization necessitates a heightened focus on cybersecurity measures. Investment in solutions that guarantee cybersecurity is essential for the success of digital transformation, as new technologies are integral to such transformations and will be effectively exploited by cybercriminals and cyberterrorists if not protected. IT systems used in strategic sectors responsible for national or international security must be adequately protected (cybersecurity). Such systems must be resistant to cyberthreats.

This paper analyses the historical and constitutional origins of Italian government instability, demonstrating the relationship between the “pure” parliamentary model adopted in the 1948 Constitution and its systemic and political ramifications. The author outlines the evolution of the Italian state system and the relationship between parliament and the government, as well as the role of the president of the republic, in the context of the absence of mechanisms for parliamentary rationalisation. The paper also draws comparisons between Italy and other European systems, particularly Poland and Germany, to identify sources of greater institutional stability. Finally, the paper reflects on contemporary proposals for constitutional reform, considering the balance between the rule of law and democratic representation.

Since the trade war between the United States (U.S.) and the People's Republic of China (PRC) began in 2018, the role of global supply chains has increased significantly, as reflected in U.S. federal law. This paper aims to test the hypothesis that supply chain management security is one of the most crucial components of the US global supply chain management strategy. This security can be significantly bolstered by overcoming three dominant challenges: resilience, variability and complexity. These challenges have found their way not only into public policies, but also into federal law, forming the basis of a strategic approach. Systematic planning, implementation and coordination activities are developed, with artificial intelligence being used for predictive, adaptive and data integration purposes, thus enabling a redefinition of US global supply chains.

This paper aims to introduce the Polish reader to some of the specifics of Latvian constitutional solutions.  The author primarily discusses the particulars of the Latvian constitution, a unique example of a legal act that had been practically ineffective for many years being restored to its former binding force. In the 1990s, Latvia restored the legal force of the 1922 constitution, which had ceased to be in force in 1934 following the coup d'état (i.e. before the Soviet occupation of the country).  In this context, the paper draws attention to the values that guided the creators of this constitution and the historical events that formed its foundation.  The author attempts to identify solutions that are specific to Latvia and that define the relationship between the executive power (primarily the president) and the legislature. Ultimately, the author concludes that it is justified to view the Latvian constitutional solutions as a specific form of rationalisation of the parliamentary-cabinet system. The main argument in favour of this view is the unique solution of the president actually being politically responsible before parliament. The final section of the paper considers the potential for adopting certain Latvian solutions in the event of changes to the Polish constitution.

By defining priorities and setting requirements for judicial independence, the EU strengthens democratic governance mechanisms. This is demonstrated by the EU's requirement to ensure the independence of the judiciary, which involves delineating the proper position of the Judicial Council. This is a key element in the evolution of the institutional relationship between political power and the body that aims to act as guarantor of the rule of law and controller of the supreme authority's powers. In this paper, the author analyses the provisions of the Constitution and ordinary legislation that define the Judicial Council's constitutional position within Montenegro's political system. Particular attention is paid to the manner in which the council's members are elected in the context of Montenegro’s European aspirations. The paper focuses on demonstrating the council’s legal status, highlighting its composition and competences, and the status of its members – factors that are crucial for establishing the council's independence guarantees. Additionally, the author attempts to answer the question of whether Montenegrin normative solutions meet European standards within the scope of the research. The Judicial Council of Montenegro is a specialised body with wide-ranging competences in the judiciary, though changes to the composition of the council and the mode of election of its members are required.

This paper focuses on the changes currently taking place in Belgium regarding the right to freedom of thought, conscience and religion (freedom of religion). This is an important issue, as Belgian courts have recently issued several interesting judgements in this area that clarify the relevant constitutional regulations. A key issue in this context is the complex nature of the concept of neutrality as it is applied in Belgium. The author seeks to outline and explain it to the reader.

This paper analyzes the scope of application of the principles of the presumption of innocence, the benefit of the doubt, and the free evaluation of evidence by medical tribunals in proceedings concerning medical professional liability. After examining the directives established in Article 61 of the Medical Professions Act, it is concluded that these directives are fundamental principles in cases of medical misconduct. They serve as key guidelines for judicial decision-making, ensuring procedural fairness and rationality.

Representing a child in criminal proceedings is an issue that legislators worldwide are struggling with. This issue is particularly important when the perpetrator of the crime is a person below the age of 18, and they are trying to protect their rights as a suspect and accused. The aim of the article is to analyse the provisions introduced by the Act of 14 April 2023, amending the Act – Code of Criminal Procedure and certain other acts, that are intended to constitute the implementation of Directive 2016/800 on procedural guarantees for children who are suspects or defendants in criminal proceedings by Poland. The essence of the problem is whether the Polish legislator has met the requirements of the directive. The participation of representatives of the litigating parties in the preparatory and judicial proceedings, in addition to the activity of the litigants, is an additional guarantee of defending their procedural interests. The article points out that the Polish Code of Criminal Procedure, even after the changes, does not contain sufficient solutions in this respect, and it is necessary to implement legislative work aimed at the proper implementation of the directive and raising the standard of protection for children who are suspects or defendants in criminal proceedings.

This paper explores the phenomenon of hybrid forms of cooperation between public administration and private entities, which combine elements of public and private law. In light of increasingly complex public tasks and the demand for flexibility and efficiency in governance, traditional legal instruments are often insufficient. As a result, public authorities are increasingly using civil law tools — such as contracts, agreements, and informal arrangements — creating hybrid legal forms that transcend classical categorizations. The authors analyze selected models of such cooperation, including public-private partnerships (PPP), administrative settlements, and unnamed agreements, assessing both their legal basis and practical implications. Special attention is given to the challenges posed by such forms, including issues related to transparency, accountability, and legal certainty. The aim of the paper is to demonstrate the evolving nature of public administration's legal toolkit and to argue for a more structured theoretical and legislative framework to address the growing role of hybrid legal forms in contemporary public governance.

The status of the government administration in crisis management is determined by its legal and constitutional position, as well as its location at central and local levels. This allows for the comprehensive implementation of tasks and a response to threats. Local government administration operates within the voivodeship, where the voivode is responsible for crisis management. In municipalities and districts, these tasks are carried out by the local government. This paper uses a dogmatic-legal approach to analyse the legal regulations governing crisis management and indicate the role of government administration in this area. A literature review was also conducted to inform the analysis. To cite examples from other countries, the methodology was supplemented with elements of the comparative method.

The aim of this paper is an analysis of the evolution of the statutory position, competences, and organizational structure of the Government Plenipotentiary for the Peaceful Use of Nuclear Energy in the years 1956–1973. Based on an analysis of archival legal acts – resolutions of the Council of Ministers, statutes, and internal organizational regulations – the genesis of the office is traced, which was established by Resolution No. 444/56 to solve the problem of coordinating activities undertaken by the Polish Academy of Sciences and the economic ministries. The paper demonstrates two fundamental phases of the office's transformation.

For the purposes of this argument, the author analysed the legal provisions on the basis of which local governments perform waste management tasks, with particular emphasis on waste classified as hazardous. The shortcomings of the statutory regulations in this area were demonstrated. The author referred to case law in which local governments raised the issue of the nature of interpretation of the provisions defining the concept of municipal waste in practice. Proposals were presented on how to increase the efficiency of waste management in local government units. The paper concludes with proposals for legislative changes aimed at supporting local governments by introducing a provision into the Waste Act, stipulating that the tasks of the head of the local authority (mayor, city president), which, in the field of waste disposal, do not constitute municipal waste, are tasks within the scope of government administration, which, in accordance with the applicable regulations, are then financed from the state budget.

The paper is devoted to an examination of the notion of excessive delay in the lodging of an appeal against an administrative decision within the framework of social security proceedings. The author undertakes a critical analysis of the interpretative approaches adopted by the courts in construing this concept and seeks to formulate operational criteria for assessing the extent of delay that may be deemed acceptable on the part of an appellant contesting the impugned decision.

Biometric techniques can be used in the workplace to protect the interests of both employers and employees. They can help to adapt working conditions to employees' needs. Conversely, employers can use the processing of biometric data to implement workplace controls, particularly with regard to access to important information or sensitive areas. However, using biometric techniques can involve significant interference with privacy and other personal rights, posing a threat to the dignity of those concerned. This study aims to identify the privacy risks associated with processing employee biometric data. The discussion will focus on understanding what biometric data are and the current legal regulations on processing biometric data in an employment context.

Directive (EU) 2019/904 of the European Parliament and the Council on reducing the environmental impact of certain plastic products obliged EU member states to implement it into national law by 3 July 2021. The legal act intended to introduce the SUP Directive (Directive of the European Parliament and of the Council (EU) 2019/904, hereinafter Single-Use Plastics) into the Polish legal order is the Law on Amendments to the Law on Obligations of Entrepreneurs with respect to the Management of Certain Waste and the Product Fee and Certain Other Laws of 18 March 2021, marked in the Government Legislative Center with the signature: UC73. Poland had a time range to implement the recommended regulations. The SUP Directive applies to a wide range of businesses, including manufacturers, distributors, retailers and foodservice operators and end users. Anyone who markets single-use plastic products must comply with the new regulations. The year 2024 is a crucial one for both businesses and customers, as most of these regulations come into effect. One may ask what the new regulations mean for entrepreneurs who introduce single-use plastic products to the market? The directive on “plastics” is needed. Changes are needed to clarify the obligations of entrepreneurs in the field of single-use plastic packaging, and consumer education is needed in this area due to the deteriorating state of the natural environment. It should be stated that the introduction of regulatory solutions has become a significant step influencing the functioning of enterprises. This results from the scope of national and international regulations, which impose a number of restrictions on entrepreneurs related to the introduction of single-use plastic products to the market. It should be stated that the changes to date are beneficial because they affect the level of awareness of the harmfulness of single-use plastic products for the environment among both entrepreneurs and consumers, the need to recycle waste, or the use of alternative single-use or reusable products.

In the context of contemporary patent law, the role and significance of patent claims are indisputable. In the course of the application process, it is incumbent upon the applicant to define the solution for which they are seeking protection. Following the granting of a patent, the claims delineate the subject matter of the patent, a crucial element in determining the scope of the exclusivity enjoyed by the right holder. Doubts and controversies arise in both doctrine and case law. Of particular concern is the admissibility of the interpretation of claims. The rules, basis and method of the latter are the source of patent law for the purposes of determining the scope of protection resulting from the granted patent, events and circumstances occurring in the proceedings in which the patentability of the subject matter of the application was examined

In cooperative law, a crucial issue is the admissibility or inadmissibility of distributing the cooperative's assets among its members at the liquidation stage. Any assets remaining after liquidation are allocated for the purposes specified in the resolution of the last general meeting. This meeting may decide that the remaining assets are to be distributed, either wholly or in part, amongst the cooperative's members, or possibly amongst former members or heirs. It is important to determine both the timing of the distribution and those entitled to the liquidation surplus.

The integration of digital evidence, psychological profiling, forensic science, and sophisticated analytical methods in criminal investigations and judicial proceedings is examined in this study. The significance of artificial intelligence and data analytics in case evaluation is also discussed, as is the function of forensic methods, such as DNA analysis, fingerprint identification, ballistics, and others, in establishing factual evidence. To maintain law and order in our society, this study will examine how scientific and contemporary technologies are used in criminal investigations. The issues with investigations, modern sciences, and the fundamentals of forensics in India are also covered.

The paper addresses the issue of criminalizing the distribution of pornography containing violent motifs in light of Article 202 § 3 of the Criminal Code. The discussion covers staged content in which participants voluntarily take part in its creation. It discusses the definitional and cultural difficulties in determining the boundaries of pornography. At the same time, it presents arguments to justify the differentiation, for the purposes of criminal law, between real violence and its controlled expression through artistic or sexual means. An interpretative narrowing of the scope of criminalization under Article 202 § 3 of the Criminal Code was also proposed. According to this interpretation, in order to leave the dissemination of staged content outside this scope, it is necessary that: (1) the violence is simulated or controlled by the participants, (2) the participants give their conscious, voluntary consent to participate, and (3) the content is directed at a closed and informed audience. This distinction between criminalised and permissible pornography aims to protect dignity and respect individuals' right to self-determination in the sexual sphere.

The aim of the paper is a legal-dogmatic analysis of prohibited acts committed using drones in the context of selected legal regulations in aviation law, contained in the Act of 3 July 2002 - Aviation Law, as well as certain international laws. The research employs the dogmatic method, literature analysis, and a review of current case law. The paper attempts to address terminological dilemmas concerning drones and examines prohibited acts defined in the Aviation Law from the perspective of the still ongoing interpretative challenges. The conducted research has led to conclusions and the formulation of de lege ferenda postulates, outlined in the summary, whose incorporation into the current legislation should be considered.

The main subject of analysis undertaken in this paper is the question of whether the current state of the law leads to an appropriate balance between the interests of creators and the economic development of countries. To this end, an in-depth analysis of Articles 3 and 4 of the DSM directive on the training of artificial intelligence systems was carried out. As part of the paper, the question of the requirement for legal access was raised and the meaning of the opt-out clause was discussed. The final section of the paper presents a comparative legal study of the United States' legal system. It answers the question of whether previous Polish regulations relating to the DSM Directive sufficiently protected creators before the amendment.

This paper discusses the use of artificial intelligence (AI) systems in academic dissertations. Interest in this topic is growing, particularly as access to AI tools has become more widespread. The paper highlights that copyright law does not provide clear guidance on the limits of permissibility of the use of AI tools in dissertations. Therefore, the provisions of other laws have been analysed in this context. The paper also emphasises the role of internal guidelines of universities, which provide the most concrete answer to the question of the limits of the admissibility of the use of IS in diploma theses. The conclusions of the analysis point to the need for clear, nationwide guidelines for the use of AI tools in higher education.

The wars fought in Europe in the late 17th and early 18th centuries were usually conflicts between European countries and the Ottoman Empire. This paper analyses the Peace Treaty of Passarowitz of 1718 using legal and historical methods. To understand how it came about, the first part of the paper provides a historical overview of the events preceding this peace agreement. A series of events and wars frequently altered the borders and territories of the warring European states over a short period. Consequently, the Peace Treaty of Passarowitz established borders and territory that endured for a longer period than those of its predecessors. The legal analysis examines the uti possidetis principle and presents it in a modern context through the lens of a historical event and document. In addition to the historical review, the paper analyses the beginnings of the negotiations, their course, the conclusion of the peace agreement and its characteristics. Having presented the peace agreement, the article will demonstrate its legal implications within the scope of modern public international law, alongside a comparative analysis of its influence on subsequent peace treaties. Lastly, it is important to recontextualise this peace treaty within the legal-philosophical evolution and demonstrate its connection to current challenges in public international law.

Leon Chajn was one of the key figures in the post-war justice system. A lawyer and politician who first served as deputy head of the Ministry of Justice and then as undersecretary of state in that ministry, he was one of the main architects of the Stalinist transformations in the Polish justice system. In this paper, the author presents Chajn as a prominent post-war figure, above all as a politician. He initially served as deputy head of the Ministry of Justice, and then as undersecretary of state in that ministry. He was one of the main architects of the Stalinist reforms in the Polish justice system. In the justice system. As a lawyer, the author presents Chajn's views on the ideal judge in the post-war context. These views are reconstructed based on statements published in monographs and magazines, as well as those given during radio broadcasts and at Democratic Party congresses.

This paper explores the lengthy and challenging process through which the Catholic University of Lublin achieved formal equivalence with state academic institutions. This was driven by the fact that only institutions with full academic rights were authorised to carry out comprehensive educational and scholarly activities, including awarding academic degrees and titles. Spanning the period from the university’s establishment in 1918 to its ultimate grant of full academic status in 1938, the paper provides a comprehensive overview of this process. It is primarily grounded in archival materials from the Catholic University of Lublin, relevant literature on the subject, and legal acts governing higher education. The archival resources, which have received limited or fragmented scholarly attention to date, are cited and thoroughly examined in the text using the historical-legal method.

This paper outlines the concept and rules of dual-path training at the National School of Public Administration. The main objective of this paper is to highlight the legal basis for this method of developing competence. In this context, the key regulations resulting from the amendment to the Act on the National School of Public Administration are cited and discussed. The provisions of the School's Charter relating directly to dual-path training were then analysed.

The author takes up the issue of legal education from the perspective of the communicativeness of the legal text and its social function. First of all, it should be assumed that legal education cannot be limited to specific branches of law. It is necessary to take into account the more general dimension in the form of scientific achievements of legal theory. The position taken in this study proposes to approach the legal text as an element of a broader process of linguistic communication and understanding in a social group, which at the same time leads to its integration. Linguistic competence is an important factor in this process.

In an era marked by rapid technological advancement and the proliferation of digital platforms, the boundaries between truth, opinion, and disinformation have become increasingly blurred. This paper critically examines the misuse of modern communication technologies and their implications for privacy, knowledge acquisition, and democratic governance. It explores how filter bubbles, data profiling, and algorithmic manipulation empower corporations, political actors, and governments to shape public opinion and suppress dissent. Against this backdrop, the paper questions whether a universal “right to truth” can serve as a viable legal principle or whether such a construct risks legitimizing censorship and authoritarian control. Drawing from philosophical critiques – particularly those of Michel Foucault and J.S. Mill – the paper argues that truth is best approached not as a static right, but as a continuous process supported by freedom of speech, access to education, and institutional safeguards. Ultimately, it calls for the development of dynamic legal, educational, and technological strategies that enable societies to resist disinformation, protect privacy, and foster an informed public capable of engaging in truth-seeking dialogue.

The paper addresses the issue of the compatibility of the requirement to use secular justifications in public discourse with the principle of religious freedom. The first part of the paper outlines the basic assumptions of exclusivism – the position that advocates abandoning religious argumentation in the public sphere. It presents the philosophical justifications for this requirement, the forms it takes, and the objections raised against the doctrine of exclusivism. The second part of the paper discusses the provisions of the European Convention on Human Rights regarding religious freedom and freedom of expression. The next part analyses the problem referred to in the title. The paper notes the risk of the instrumentalisation of religious argumentation and the related inability to recognise that this type of rationalisation is protected by religious freedom. It also emphasises that the scope of protection may depend on the content of religious argumentation and other factors.

The work-life balance directive and its transposition process have become key elements in the development of a regulatory welfare state within the European Union. This case study aims to trace the legislative process of transposition in Poland. By supplementing the decision-making analysis with an ideological component (the welfare state doctrine), we can verify whether the transposition and subsequent implementation of the directive in Poland was also intended to expand the welfare state.

The aim of this study is to present the nature of the treaty-making powers of international organizations, with particular emphasis on their implied treaty-making powers. While the attributed powers expressly granted in the constitutional instrument of a given international organization raise few doubts, implied powers – which are a special category of attributed powers – require a complex implication process, often based on uncertain foundations, and therefore attract far more criticism. Implication of powers nevertheless allows the interpretation of attributed powers to be more dynamic, which is especially important given the constantly developing activity of international organizations in areas that fall outside of the scope of their statutes. Given the special character of this category of treaty-making powers of international organizations – particularly the questions concerning their nature and the basis for the implication – the author examines this issue in the broader context of the capacities and powers of international organizations. This important topic has not yet been thoroughly addressed in the Polish literature of international law.

Although the “crisis” of human rights discourse has many aspects, it is hard not to get the impression that the most important of them is the incorrect understanding of the philosophical foundations of these rights. The paper presents various hypotheses regarding the nature of this error. The first hypothesis suggests that this crisis simply stems from philosophical indifference to the problem of philosophically grounding human rights – treating them, in a sense, in isolation from other ethical ideas. The second identifies the source of the crisis in the misguided attempt to ground human rights in ethical relativism. The third, which is somewhat connected to the second, suggests that the crisis arises from the attempt to ground human rights in the idea of radical autonomy, which results in placing freedom above all other values; this attempt seems to be, to some extent, inspired by modern gnosticism, which rejects nature as normative. The paper also discusses various strategies for resolving this crisis.

The issue of the “dignity of the medical profession” is an important field of research with an interdisciplinary dimension. The aim of this paper is to identify the extent of understanding, interpretative coherence and practical application of the concept of the “dignity of the medical profession” by physicians and dentists, in the context of the applicable Code of Medical Ethics and the jurisprudence of medical courts. In addition, the authors attempted to obtain an answer to the question about the respondents’ self-assessment of their knowledge of the Code of Medical Ethics (KEL). A deliberate decision was made not to try to find out the respondent group’s positions on the understanding of the “dignity of the medical profession,” as the research was devoted to the practical dimension of violations of this dignity, not to the construction of definitions. The research was carried out using a questionnaire survey and the CAWI technique between 2022 and 2024, in Poland, on a non-probabilistically selected group of 201 respondents.

This paper examines the constitutional obligation to protect life, arising from Article 38 of the Constitution of the Republic of Poland, in the context of the growing phenomenon of suicide among children and adolescents. The aim of the study is to define the scope of the state's constitutional responsibility, identify systemic barriers to preventing juvenile suicide, and present de lege ferenda and de lege lata recommendations. The paper incorporates a dogmatic, legal, and comparative analysis, thus highlighting the need for urgent legislative and institutional action to effectively protect the lives of our youngest citizens.

The Constitutional Court plays an important role in countering radicalisation. This article analyses the concept of radicalisation in the context of the Polish Constitution and the jurisprudence of the Polish Constitutional Court. It debates whether Article 13 of the Constitution (prohibition of certain political parties and organisations) offers enough competence for the Constitutional Court to effectively protect democratic values and the rule of law from radicalisation. It suggests that a gradation of sanctions for the violations in the context of radicalisation by political parties and organisations could be introduced.

The objective of this paper is to demonstrate how the ongoing debate in Poland concerning the foundations of the rule of law within the context of the constitutional crisis reveals motifs that directly correspond to the doctrine known as Martin Shapiro’s political jurisprudence. The paper outlines the core tenets of this theoretical current, as well as its acknowledegment of the concept of the political as a defining characteristic of political lawyers. The disputes among Polish legal scholars, which took place between 2015 and 2025, pertained to issues such as the political engagement of judges and the dynamics of power within the structure of the judicial branch. Many of the arguments advanced and solutions put forward represent a departure from the premises of legal positivism, a rejection of the methodological thesis regarding the autonomous character of the legal system, and a confirmation of the inextricable link between law and politics.

The subject of the study is the validity of providing procedural instructions by a civil court. This matter is neither simple nor devoid of practical doubts. In the context of civil cases being heard, concerns often arise regarding the correct application of the provisions of Art. 5 of the Code of Civil Procedure. These doubts usually focus on the answer to the question whether providing procedural instructions is still a right or perhaps an obligation of the civil court. The Supreme Court attempted to answer this question in the context of the voted decision. The aim of the work will be to approve the position expressed therein.