LAW & SOCIAL BONDS

Universal jurisdiction against Syrian criminals:

Anita Adamczyk — 2025-03-21

The war in Syria has caused one of the largest humanitarian crises in the 21st century. Syrian authorities have committed gross violations of humanitarian and human rights law during the conflict, which has influenced millions of Syrians to flee. Some stayed in neighboring countries, while others went to Europe. Among those who received international protection were not only victims, witnesses, but also perpetrators of crimes against humanity and war crimes committed in Syria. Their presence in European countries and the principle of universal jurisdiction meant that there were opportunities to launch investigations into international crimes committed in the Syrian state. The article posits that among the Syrian migrants seeking international protection in Europe were war criminals who, years later, were brought to justice in European states, a testimony to the breaking of the culture of impunity.

The Origins of Nuclear Energy Law in Poland. Legislation of the Second Polish Republic (1918-1939)

Tomasz Robert Nowacki — 2025-03-21

In connection with the development of nuclear energy in Poland, issues of nuclear law are gaining in importance. It is becoming increasingly relevant both for legal practitioners as an area of economic activity and for academics as an emerging, new subject of legal research. While most of the emerging studies in Poland understandably focus on the present, there is a lack of references in the academic discourse to the origins of the development of this particular area of law. In an attempt to fill this gap, this article looks back to the Second Polish Republic, a period when a new development in science and technology - ionising radiation - began to be used on a wider scale in medicine and industry in Poland. The purpose of the article is to examine whether and to what extent there were generally binding regulations on the use of ionising radiation and nuclear energy in Poland at that time. The article discusses the totality of Polish legislation in this field at that time. In particular, it discusses the first regulations in the field of radiation protection, as well as in areas such as the use of X-ray machines in health care, labour and social insurance law, customs law, mining law and the promotion of nuclear energy. Although the legislation at that time was sparse and did not form a coherent system, it provided a kind of starting point for more extensive state legislative activity in the 1950s and 1960s.

Decision in principle on the construction of a nuclear energy facility as a form of securing the public interest

Ewa Przeszło — 2025-03-30

The decision in principle regarding the construction of a nuclear energy facility should, according to the legislator's will, serve to secure the public interest. This decision is a carrier of this interest and contains various values related to nuclear energy. The purpose of this study is to demonstrate the truthfulness of these statements. There are normative premises for issuing a basic decision, and these are the Atomic Law Act and the Act specifying the preparation and implementation of investments in the field of nuclear energy. These legal acts are based on the premise of safeguarding the public interest, ensuring adequate and optimal energy supplies, and achieving the appropriate quality of supply, distribution, and use of nuclear energy. The decision in principle initiates the preparatory activities for the construction of a nuclear energy facility and, most importantly, paves the way for the legal issuance of other decisions and the undertaking of related legal actions.

Origins, Legal Regulations and Structure of the Atomic Energy Authority (1973-1976). A Historical and Legal Overview of the Subject

Przemysław Dąbrowski — 2025-03-30

The UEA existed for less than three years. Thanks to the changes introduced, there was a significant development in the creation of conditions for the peaceful use of atomic energy, and the social and economic development of the Polish state was accelerated. The Office was abolished on 27 March 1976, when the Office of the Minister of Energy and Atomic Energy was established.

Selected Issues of Environmental Conditions, Public Consultations and Cross-Border Consultations on the Construction and Operation of the First Polish Nuclear Power Plant in the Choczewo Municipality Area

Maciej Kruś — 2025-03-30

The purpose of this paper is to describe the environmental impact assessment of Poland's planned first nuclear power plant. The paper presents scientific considerations on the nature of the decision, taking into account the results of this assessment. It is stated that the environmental conditions for the implementation of the project are determined on the basis of an argumentative model of the application of the law. The material and legal basis is the principle of sustainable development.

Legal Mechanisms Influencing the Scalability (Measurability) of Nuclear Liability Risk for Operators within the Polish Legal Framework

Patrycja Nowakowska — 2025-03-30

The liability risk for nuclear damage in the economic activity of nuclear power plant operation is a significant and costly risk that must be considered, even though the probability of its occurrence is very low. However, it is undoubtedly a significant factor influencing the decision to carry out this type of activity, significantly affecting its costs and, ultimately, the cost of the electricity produced. Liability for nuclear damage is one of the most far-reaching liability regimes in Polish law. The entire set of mandatory regulations at both the statutory and conventional levels influences the delineation of risk boundaries. In addition, there are optional legal tools that allow operators to further mitigate risks. The aim of this paper is to analyze selected legal institutions that positively impact the measurability of risk from the operator’s point of view. Based on the arguments presented, this article demonstrates how selected mechanisms specific to the nuclear damage liability regime, along with other optional instruments, positively impact the operator’s ability to define risk boundaries. This paper argues that the Polish legal order contains mechanisms that allow for the scaling of this risk—even though this liability is generally considered absolute, it is not unlimited. The paper also formulates de lege ferenda postulates to improve and clarify the legal situation of the operator, particularly regarding nuclear damage claims regulations.

Legal Framework for Counteracting Alcohol-Related Patostreaming on Social Media

Robert Tabaszewski — 2025-03-21

The paper examines the phenomenon of „alkostreaming” as a specific form of „patostreaming”, which involves the display of destructive behaviours under the influence of alcohol during live broadcasts on social media platforms. The aim of the article is to determine the extent to which the activities of patostreamers violate applicable legal provisions and to identify the legislative challenges posed by this phenomenon.

The Impact of Artificial Intelligence on the Future Functioning of Administrative Courts

Michał Kowalski — 2025-03-30

The study presents the evolution of court decision-making justifications over time and the recent impact of electronic case law databases, particularly the Central Database of Administrative Court Judgments and commercial legal websites, on the structure of justifications for administrative court judgments. The issues discussed include the function of justifying a judgment, its communicativeness, the addressee of the statement, the problem of excessive length of some justifications, duplication of the content of other statements, and judicial justifications. Additionally, an effort was made to address the question of whether algorithms or artificial intelligence response generators could potentially replace humans in issuing even the simplest court decisions or writing their justifications in the near future. The discussion addressed whether technology enables this, if humans consent to it, and the legal and ethical risks involved, particularly the shifting of responsibility for the content of the justification to a bot operating with artificial intelligence. Finally, the question of whether even the most technologically advanced program using artificial intelligence will be able to take into account extra-legal judicial directives in a possible judgment and its justification will be addressed. Such directives may include the judge’s inner sense of justice, his sensitivity, or his conscience.

Exclusion of Unlawfulness of Violation of Personal Rights Under the Provisions of the Law on the Protection of Whistleblowers

Adam Pązik — 2025-03-21

Both the provisions of Directive No 2019/1937 and the Polish Law on the Protection of Whistleblowers provide for the exclusion of a whistleblower’s liability for violation of the rights of others or of statutory obligations once the requirements provided for in the aforementioned legal acts have been met. The subject of the study is, firstly, an analysis of how the entry into force of the Law on the Protection of Whistleblowers has affected the civil law protection of personal rights. Secondly, the paper characterises the postulated rules of interpretation of the prerequisites on which the above-mentioned act makes the exclusion of unlawfulness of actions of a whistleblower dependent, above all, the requirement to have reasonable grounds for claiming that information presented by a whistleblower in a notification or public disclosure is true and constitutes a violation of law within the meaning of the act. The article also presents a de lege ferenda proposal.

Combating Disinformation in the Context of Selected Regulations of the Digital Services Act and the Artificial Intelligence Act

Magdalena Dziedzic — 2025-03-21

Disinformation is a phenomenon that is appearing more and more often in public debate and which, at the same time, poses a significant threat to the functioning of the state and society. In the European Union, actions have been taken for many years to counteract disinformation on the Internet. These actions consist of both regulatory initiatives (e.g., the Digital Services Act) and self-regulatory ones, such as codes of conduct for combating disinformation developed by international organizations and industry associations. Disinformation is one of the most important challenges to democratic processes, leading to a growing lack of trust in the media and government sources. The concept of disinformation itself is difficult to define because it is necessary to find a balance between guaranteeing an individual the right to freedom of speech and the need to impose restrictions aimed at combating false or distorted information. Currently, this difficulty is additionally influenced by the widespread use of generative AI.

The Subject of Administrative Competence in Automated Law Application Processes against the Background of the Issue of Legal and Democratic Legitimacy of Delegating Competences to Artificial Intelligence Systems and Legal Liability for their Actions or Omissions

Marcin Kamiński — 2025-03-21

The paper discusses the fundamental problems related to determining the subject of administrative competence and establishing the structure of the competence norm in cases where the legislator has fully or partially delegated the process of applying the law to artificial intelligence systems. The main objective of the analysis is to consider the possibility of changing the understanding of administrative competence and to assess the constitutional and administrative aspects of the legal and democratic legitimacy of delegating competences to apply the law to artificial intelligence systems. Separate considerations are devoted to the issue of the limits of the admissibility of modifying or dispersing the legal responsibility of the State for the use of specific algorithmic systems in the processes of applying administrative law. The concluding remarks conclude that ensuring that the operation of algorithmic decision-making systems in administrative processes of law application complies with the principles of democratic legitimacy, formal rule of law and legal accountability of public administration requires maintaining the competence of legislative authorities to decide on the principles and procedure for introducing artificial intelligence into the sphere of concretisation or implementation of administrative law norms and to establish very detailed rules for the design, construction, implementation, validation, control and modification of the essential elements of such systems.

A Few Remarks on the Family and Law Aspects of Monitoring the Educational Process by E-Register

Agnieszka Ogrodnik-Kalita — 2025-03-21

The school duty and learning duty are connected with the necessity of conducting a documentary of educational progress by the school. The subject of the article is selected family and legal aspects of using this solution by the school. First of all, the author focuses on the protection of the child's personal rights, paying special attention to independence and the right to privacy. Moreover, the analysis was submitted to the situation in which the access to e-register has parents of the adult child. Special attention was devoted to the access to the e-register of the parent whose parental authority was limited to specified duties and rights in relation to the child person. The author took into consideration the jurisdiction of the Common Courts in this case and presented postulated procedures.

Using Open Data as Element of Increasing the Explainability of AI

Bogdan Fischer — 2025-03-21

The authors of the paper try to draw attention to the still underestimated potential of open data as a useful resource for training artificial intelligence. Attention to data quality is particularly important in a situation where interest in the accountability of artificial intelligence is growing and transparency is finding its way into the regulation of artificial intelligence.

Switching between Data Processing Services and Porting Data in the Data Act

Paweł Fajgielski — 2025-03-21

The paper presents the legal regulations on switching between data processing services and porting data in the Data Act against the background of the right to data portability regulated by the General Data Protection Regulation. In the initial part of the paper, the basic issues concerning the construction of the right to data portability will be discussed with reference to the literature. Then, the essence of the Internet of Things, the Data Act and the relationship between the Data Act and the General Data Protection Regulation will be presented. The analyses included in the further part of the paper will deal with switching between services and data porting regulated by the Data Act. The final section will present the general conclusions of the analyses.

European Data Governance Act: Essential Problems for Re-Use of Public Sector Information

Agnieszka Piskorz-Ryń — 2025-03-30

This paper presents problems related to the re-use of public sector information in Poland from the perspective of the Regulation (EU) 2022/868 of the European Parliament and of the Council on European data governance (Data Governance Act). Furthermore, it attempts to answer the question of how much the Polish legal regime's problems related to the application of the Data Governance Act (DGA) are due to the incorrect implementation of the Open Data Directive into national law. The article concludes that the mistake made in the 2011 implementation of Directive 2003/98/EC of the European Parliament and of the Council on the re-use of public sector information of 17 November 2003 has had an impact on the current shape of the re-use of protected data referred to in the DGA. The thesis has been confirmed, the Polish implementation of the Directive contradicts the objectives of that Directive and the DGA. The implementation has also failed to achieve the result intended by the European legislature. This applies to both the objectives of the Directive and the objectives of the DGA. The legislature wanted to create complementary legislation on data re-use. The regulatory environment in which the DGA will operate does not provide a high level of legal certainty, which has implications for the harmonization of European Union law. As the article demonstrates, in Poland there are competing regulations for re-use. This will hinder the achievement of the objectives set for the DGA and the implementation of this Regulation by national obliged entities. It may also affect the actions of those applying for data access. As a consequence of that mistake, there is lack of clear and readable procedures in national law. This should be considered a barrier to the re-use of protected data.

Pathology in the Implementation of New Technologies in Tax Proceedings Using the Example of Obligations Imposed on Professional Attorneys in Tax Proceedings

Piotr Pietrasz — 2025-03-21

The purpose of the paper is to demonstrate the deficiency of legal constructions, as well as their interpretations, in force in tax proceedings regulated by the Tax Ordinance, which, in the period before 1 January 2025, introduced the obligation for attorneys who are advocates, legal advisers or tax advisers to use an electronic address (address for electronic delivery) in the course of these proceedings. Computerisation and the associated technicisation of the law, including procedural law, contribute to the emergence of completely new, hitherto unknown problems. The author of the paper thinks that, in principle, the statutory solutions introduced to maximise the spread of electronic service in legal transactions and even obliging certain categories of entities to have the necessary instruments to ensure the service of letters by electronic means should be supported.

Cybersecurity of Public Sector Institutions

Christophe Gaie — 2025-03-30

In the information society, the public sector must anticipate needs related to the ever-present use of cyberspace for providing services. On the one hand, new technologies facilitate and streamline the fulfillment of public tasks, and on the other hand, they pose threats that might produce far-reaching consequences. This means that public entities are obliged to apply solutions adequate to potential threats. As information and communication technology (ICT) systems being used by public sector institutions should operate uninterruptedly, it is necessary to implement measures to ensure such systems’ resilience to cyberattacks. Artificial intelligence (AI) might prove helpful for ensuring cybersecurity. However, this technology should be used with caution to prevent damage to the public sector resulting from its improper use.

The research methods used in this paper include both the law theory method and the doctrinal legal research method. These methods were applied to analyze the literature on the subject and legal texts from the perspective of cybersecurity in the public sector. The paper also emphasizes the necessity of considering evolving cybersecurity frameworks that account for the global nature of cyberthreats, as well as the unique challenges faced by public institutions in balancing efficiency with security needs.

The Impact of Global Crises on Changing the European Union’s Approach to Crisis Situations. Legal Aspects

Cezary Mik — 2025-03-21

The first quarter of the 21st century was a time of global crises that forced the EU to revise its previous individualist approach to crises. They not only caused a natural increase in the EU's legislative and intervention activity in these circumstances but also contributed to conceptual and regulatory development both in relation to their different types and to the definition of a more horizontal, integrated approach. The Union’s contemporary approach encompasses the totality of possible crisis progression and recognizes the multisectoral impact of global crises and their interactions. Despite competence deficits, the EU has created its own crisis or emergency law. The paper analyzes the concept of crisis, its legal basis and the EU’s competence in relation to major global crises (financial, migration, pandemic, and climate crises resulting from armed conflicts). Changes in the Union’s approach to specific types of crises, the strengthening of crisis coordination mechanisms, and new acts based on the general concept of crisis (regardless of which crises are involved) and the belief in the need to protect certain values and interests of the Union (e.g., protection of the internal market, critical entities) are shown.

EU Military Operations: Selected Legal Aspects of the EU Crisis Management System

Krzysztof Masło — 2025-03-21

The subject of this paper is an analysis of the legal basis enabling the EU to conduct Petersberg missions. Before an EU military operation can be established, it is necessary for the EU to be equipped with an international mandate and then for the EU to conclude an international agreement with the state in which the military operation is conducted, an international agreement regulating the status and activities of the mission or armed forces on the territory of that state. The mission is established by a Council decision.

Procedural and Organizational Safeguards in Forced Return Cases of Third Country Nationals as the Limitation of the EU Freedom in Reacting to Migration Crisis

Arkadiusz Semeniuk — 2025-03-21

The basic purpose of the paper is to analyse EU regulations on the forced returns of third-country nationals in the context of procedural and organizational safeguards that the alien may invoke. However, the appropriate approach requires placing them in the broader framework of international norms, mainly adopted by the United Nations or enshrined by the European Convention on Human Rights. This perspective will allow us to answer whether the universal international standard of procedural and organizational protection in alien expulsion proceedings exists and whether its relation to this one is based on EU law. On the other hand, since we talk about procedural and institutional guarantees, comparing it with the general protection of these rights under art. 6 ECHR and 47 Charter of Fundamental Rights of UE is worth comparing. Such an approach will help understand how the level of protection in expulsion proceedings differs from the default European procedural and organizational standard. The fundamental question is whether the procedural guarantees envisaged by the EU law constitute a real obstacle to agile management by the EU member states with the immigration crises they were confronted with in 2015-2016.

Migration crisis in the EU context and respect for the national identity of the Member States

Marcin Jarmoszka — 2025-03-21

Under the EU law, the Treaty of Lisbon decided that migration policy issues have to be voted on by a qualified majority. Nowadays, however, it is being argued that we are no longer facing an ordinary migration but a wave of migration related to security policy. In the opinion of the CJEU, Art. 72 TFEU related to public order in connection with respect for the national identity of the Member States taken from Art. 4 section 2 TEU, does not, however, grant states the possibility of derogation from the application of EU law by merely referring to the interests of public order and necessity of protection of internal security. States have the obligation to prove the need for the derogation. Presumably, the possibility of using new tools (biometric data) resulting from „the migration pact” will encourage people’s identification without relevant documents. It is also worth taking into consideration Finland’s and Denmark’s solutions for tackling irregular migration.

State Aid as a Tool for the European Union’s Response to Economic Crises

Marek Rzotkiewicz — 2025-03-21

The recurrence of economic crises in the EU over the years and the way they have been tackled with state aid measures raises the question whether the EU is systematically prepared to tackle economic crises with state aid instruments or whether it has to rely on ad hoc measures. It is also unclear whether the EU’s existing state aid rules are an effective tool for restoring the competitiveness of EU companies damaged by economic crises and whether, and possibly to what extent, the EU’s response to economic crises has led to changes in the EU state aid regime and, if so, whether these changes are sustainable. This paper attempts to answer these questions by examining the EU’s response to repeated economic crises since 2008.

The Road to a European Climate Law as the European Union’s Response to the Climate Crisis

Agnieszka Różalska-Kucal — 2025-03-21

The paper presents the process of developing a legal framework for the answer to climate change from the perspective of the European Union. It starts with acts of international law, which were then adopted by the Union (such as the Paris Agreement) through primary legislation, the provisions of which evolved to cover also climate change. It ends with secondary legislation, in particular with European Climate Law, which, as a regulation, sets out to achieve climate neutrality.

The Impact of EU Regulations on the Stability of the Banking Sector in Light of the Global Financial Crisis: Remarks de lege lata and de lege ferenda

Aleksandra Wisławska — 2025-03-21

The aim of this paper is to analyse the effectiveness of EU legislation introduced in response to the 2008 financial crisis in ensuring the stability of the banking sector and the ability to deal with future financial crises. The scope of the research includes an attempt to define the financial crisis as a phenomenon linked to other crises in the context of globalisation and the integration of financial markets, the interdependencies between crises and the objectives of the regulations adopted within the European Union. The paper seeks to address the question of how the current regulatory framework would function in the face of a recurrence of a financial crisis of similar magnitude.

Strengthening and Centralising EU Financial Market Supervision Mechanisms as the European Union’s Response to the Financial Crisis

Agnieszka Wicha — 2025-03-21

The paper presents the reasons for the establishment of the European Supervisory Authorities from the perspective of the financial crisis experience. The establishment of new authorities at the EU level should be seen as a direct EU response to the financial crisis and a mechanism to counteract further events of this type. The paper presents the main goals and tasks of the ESAs, comparing them with the needs for the stability of the EU financial market. The new created institutional framework and changes in the process of creating law in the EU in the area of the financial market were compared to the solutions existing in this area before the financial crisis.

Temporary Reintroduction of Border Control at Schengen Internal Borders as a Response to the Health and Migration Crisis

Aleksandra Gawrysiak-Zabłocka — 2025-03-21

In 2025, we will celebrate the 40th anniversary of the signing of the Schengen Agreement, which gave its name to an area that today covers more than 4 million square kilometres and is home to almost 420 million people. The Schengen area is considered one of the most important achievements of European integration. Its essence is the effective control of persons crossing external borders and the integrated management of external borders, as well as the absence of any controls on persons crossing internal borders, regardless of their nationality. However, states still have the right to unilaterally reintroduce border controls temporarily in exceptional situations. This possibility has been used by many states, especially when faced with migration and health crises. The article aims to show how the interpretation of the existing rules on the temporary reintroduction of border controls has changed in the face of these crises, and how the rules have been amended.

The COVID-19 Epidemiological Crisis and Its Impact on the Transformation of the EU System for Managing Cross-Border Health Threats: Actions of the European Union in the Context of the Pandemic

Bartłomiej Żyłka — 2025-03-21

This paper aims to provide a synthetic analysis of the impact of the epidemiological crisis caused by the COVID-19 pandemic on the transformation of the EU system for managing cross-border health threats. It discusses the role of the European Union in coordinating Member States’ actions in response to the pandemic and the changes in health policy in the context of this crisis. The paper provides an overview of the actions taken by the European Union to protect public health, including initiatives related to the introduction of vaccines, crisis management and international cooperation. It examines the actions taken by the European Union in the light of its limited powers in the field of public health, while highlighting the importance of EU coordination efforts in crisis situations, particularly with regard to the prevention of epidemic threats. It also puts forward proposals to strengthen the EU's role in public health through institutional reform and closer cooperation between Member States.

The Relevance of Delegated and Implementing Acts in the European Union’s Response to the Energy Crisis

Radosław Kołatek — 2025-03-21

The energy crisis of 2021-2023 and to some extent, the related full-scale war in Ukraine have been a catalyst for the EU’s energy policy response, thus contributing to the creation of new regulatory tools by the European Union to establish a more systemic response by this international organisation to future threats. An analysis of the delegated and implementing acts adopted in recent years justifies the identification of three levels of EU response to the energy crisis. These concern preventive measures against possible gas supply disruptions to the Member States during the winter of 2021/2022, the promotion of cross-border cooperation in the field of renewable energy to enhance energy security in the EU, and the prevention of electricity crises triggered by digital attacks. Some of these measures can be seen as some attempt to create more systemic tools that would be used by the Commission to respond to future crisis threats that are ongoing in parallel.

European Health Threat Response Mechanism within the European Health Union

Nina Maciejczyk-Krysiak — 2025-03-21

The health crisis related to the covid-19 pandemic has questioned the adequacy of the EU’s tools to deal with cross-border health threats, exposed the weakness of non-binding instruments, and, at the same time, shown that Member States alone are not able to take effective and adequate measures in this area. The covid-19 pandemic has also revealed the need to strengthen the EU's leadership in the field of health, not only internally but also in external relations, recognising the importance of health as a geopolitical factor while at the same time providing an incentive to initiate a process of institutional and legal change. Along with these problems, questions about sufficient regulatory competencies on the EU side to respond to cross-border health threats have arisen.

Aarhus Convention and Private Enforcement of EU Measures Combating Climate Crisis

Łukasz Augustyniak — 2025-03-21

The aim of this paper is to elucidate on the impact of the Aarhus Convention on the enforcement of climate crisis measures by private entities (private enforcement). The author discusses the case law of the CJEU in the context of Article 9(3) of the Aarhus Convention at the level of EU and Member State’s law. First, the Court's case law on climate change is presented and the amendment of Regulation 1367/2006 being the result of the unfavourable decision of the Aarhus Convention Compliance Committee are discussed. Then, the author examines the case law of the Court on the obligations of Member States arising from Article 9(3) of the Aarhus Convention to ensure the procedural rights of non-governmental organisations in environmental law cases.

Implications of EU Sanctions in Response to Armed Conflicts for Scientific and Research Entities

Marek Jaśkowski — 2025-03-21

The study contains an analysis of the decisions of the EU Council establishing sanctions („restrictive measures”) in response to armed conflicts in terms of their implications for scientific research units and scientists. The analysis covers both general (sanctions imposed on third countries) and individual measures (measures adopted against individually designated natural persons, legal entities and other entities). The article also includes the assessment of the standard of statement of reasons of decisions imposing sanctions in the light of the case law of the CJEU, as well as scientific and research activity as a basis for granting a derogation from the sanctions regime.

Balancing the Right to Access Information, the Right to Privacy, the Right to Personal Data Protection, and the Right to be Forgotten in the Digital Age: the Case of Vietnam

Tuyet Dung Thai Thi — 2025-03-30

Before the advent of the information technology revolution, there was a strong desire for freedom of information and how to access it, as such freedom could be considered as a right to defend rights, meaning that information provided the ‘basis’ for defending other rights. However, with the abundance and diversity of information and information technology applications, a vast information environment has emerged that transcends national borders with a growing public demand for the protection of privacy right, personal data protection right, and the right to be forgotten. The development of devices using information technology has facilitated the posting of information on the internet, leading to increased privacy infringements and personal data breaches. Also, many individuals wish their information would not be permanently stored online. Thus, this paper analyzes the relationship between the freedom of information, privacy right, personal data protection right, and the right to be forgotten, and reviews relevant regulations in Vietnam in order to propose legal reform recommendations.

Patient’s Right to Respect for Private and Family Life

Wojciech Lis — 2025-03-21

Everyone, regardless of health or age, should be treated with the respect they deserve. It is particularly important in the case of sick people, especially minors, reliant on the help of others. In such situations, the role of loved ones becomes particularly apparent, thanks to whom the sick person responds better to treatment and recovers faster than without such support. Sometimes, even the feeling that one is not left alone in dealing with the hardships of the disease is more significant than medical therapy. This conviction was confirmed by the patient’s right to respect for private and family life, the concretization of which is the right to contact other people and additional nursing care. The purpose of the study is to try to answer the question of whether the legal regulations relating to the patient’s right to respect for private and family life guarantee the protection of the patient's autonomy and right to self-determination in the context of the rights and obligations guaranteed by the Family and guardianship code.

The Permissibility of Changing the Date of Collapse of a Decision on Securing a Claim in Civil Proceedings

Joanna Studzińska — 2025-03-21

Proceedings to secure claims are accessory to exploratory proceedings, but they help to ensure the feasibility of enforcing the issued decision. Hence, the security granted ensures the subsequent enforceability of the issued ruling. Hence, its collapse should follow from the applicable regulations. In Article 754¹ § 2 of the Code of Civil Procedure there is no regulation analogous to Article 754¹ § 1 of the Code of Civil Procedure in the form of a premise for the collapse of the security in the absence of a court order that specifies the time limit for the collapse of the security differently from the statutory regulation. Doubts arise as to whether a judicial modification of the one-month deadline is possible, which is reflected in the legal question presented to the Supreme Court and draws attention to the interpretative doubts that will be analyzed.

The Seven Cooperative Principles and Legal Regulations for the Establishment and Operation of Cooperatives in the Agricultural and Food Sector in Poland

Aneta Suchoń — 2025-03-30

The objective of this paper is to determine whether and to what extent the regulations governing the establishment and operation of selected cooperatives in the agri-food sector in Poland take into account, implement and apply the cooperative principles of the ICA. Due to the broad scope of the topic and the richness of the legislative material, only selected issues are presented. Within the article, the author analyses the various cooperative principles (Voluntary and open membership, Democratic member control, Economic participation of members, Self-governance and independence, Education, training and information, Cooperation between cooperatives, and Concern for the local community) by relating them to the various cooperative regulations in the agri-food industry. The author focused on a number of laws in this Act of September 16, 1982, on cooperative law; the Act of October 4, 2018, on farmers’ cooperatives; the Act of April 27, 2006, on social cooperatives; the Act of September 15, 2000, on agricultural producer groups and their associations and amendments to other acts, Act of February 20, 2015, on renewable energy sources and many others. In conclusion, the author states that although the principles of cooperation are not explicitly included in Polish legislation, they are implemented and enforced by numerous legal regulations. The implementation of the principles for the establishment and operation of cooperatives in the agri-food sector is linked to the specificities of agriculture. It is possible to observe the influence of the Agricultural Law and the Common Agricultural Policy on the establishment and operation of cooperatives in the agri-food sector. In the author's opinion, the Polish legislator should consider introducing a separate provision on the principles of ICE cooperatives and their characteristics into the Act of 16 September 1982 on Cooperatives.

Selected conflict-of-law issues related to digital currency

Marcin Glicz — 2025-03-30

This paper discusses the problem of Central Bank Digital Currency (CBDC) in relation to conflict-of-law legislation. It aims to examine the suitability of currently applicable private international law provisions as an instrument for resolving conflict-of-law disputes related to monetary (currency) transactions under civil law with a foreign element. To achieve this goal, it analyses the definition of money and its interpretations in private law, followed by an overview of possible CBDC models. The findings facilitate the understanding of digital currency in private international law and examine the criteria for determining the jurisdiction of a specific legal order. Safe and efficient international transactions with CBDC are conditioned and guaranteed by legal certainty in cross-border relations. The future shape of the regulatory framework depends on the selected organizational and legal model for the issuance and use of CBDC.

Dissenting Opinions in the Jurisprudence of Collegial Public Finance Bodies in Poland. Documentary Research

Patryk Kowalski — 2025-03-30

The purpose of this paper was to examine the practical operation of the concept of dissenting opinions submitted to decisions of collegial public finance bodies (joint adjudicating committee, inter-ministerial adjudicating committees, adjudicating committee at the Chief of Staff of the Prime Minister Chancellery, regional adjudicating committees at regional accounting chambers, the Main Adjudicating Committee, local government appeal boards) between 2004 and 2020. The research was conducted using the empirical legal studies method and the dogmatic method. The research material included an analysis of 42 proceedings (16 different factual and legal situations) in which judgments with a dissenting opinion were issued. This led to the following research conclusions: the number of dissenting opinions submitted to the decisions of collegial public finance bodies is small; the largest number of dissenting opinions was issued in cases of violation of public finance discipline resulting from the violation of public procurement regulations; the procedural function of dissenting opinions submitted to the decisions of collegial public finance bodies is very rarely used, in 81% of the examined cases the dispute in the adjudicating panel concerned only the interpretation of the law.

Appearances Can Be Deceptive: The Importance of Syllabi in Academic Teaching in Poland in the Context of Integrating Basic Research Findings into Teaching, Using the Example of Legal Sciences

Maciej Perkowski — 2025-03-21

The paper emphasizes the crucial role of syllabi in the educational process, particularly within the context of legal studies in Poland. Syllabi are defined as documents that contain the curriculum, requirements, and assessment criteria. In the absence of a uniform definition in regulations, their content is governed by individual universities. The authors point out that syllabi serve a communicative function between instructors and students, allowing for the highlighting of the application of fundamental research findings in teaching. In the context of legal studies, syllabi enable flexible adaptation of educational content to the needs of the labor market and current challenges, as well as the transfer of fundamental research results into teaching practices. Well-designed syllabi can positively influence student motivation and engagement in classes.

Office, Dignity, Authority, Conscience of the Judge of the Republic of Poland

Stanisław Stadniczeńko — 2025-03-30

The author analyzes and considers the office of a judge of the Republic of Poland, his dignity, authority and conscience in the context of judicial independence from the point of view of the rule of law, separation of the tripartite power in a democratic state of law. The independence of the judiciary, the independence of the judiciary are unquestionable values as the basis of the rule of law. The office, dignity, authority and conscience of the judge of the Republic of Poland are creative norms, which are based on the system of law and ethics. Attention has been paid to the systemic guarantees of the independence of the judiciary provided by the Constitution and laws regulating the court system. The surprisingly large scope of the sovereign powers of the representative of the executive power – the Minister of Justice over the common courts was pointed out. The importance of personal dignity, personal dignity of the judge and the dignity of tenure was emphasized. Undoubtedly, they are revealed in private, social and professional life and with the system of regulation and integration of activities (human behavior) as personality and legal thinking. It was pointed out that conscience, which is invoked by the judge in the oath of office, is the natural ability of reason to morally value actions and phenomena. Conscience as an intrinsic attribute of the human being currently or potentially belongs to every human being, as it is the first norm of conduct with a special ability to regulate human behavior and shape interpersonal coexistence. The connection between the practice of law (judging) and sensitivity is a moral issue and an important ethical quality to which special attention should be paid today. A judge should be perceived as a human being, as a person, as an entity, as a bearer of values, professionally prepared to realize them in social life, while fulfilling a servant role to man and society.

The Principle of Freedom of Contract.The Approach to the Principle and its Location within the System of Polish Law in the 20th and 21st Centuries

Arkadiusz Bereza — 2025-03-30

The principle of freedom of contract is one of the guiding principles of modern contract law. It was reflected in different forms and to different extents in the laws of the partitioning powers, applicable in the Polish lands in the era of partitions. After Poland regaining independence, work began on the unification of legal systems, which was an extremely difficult task in terms of substantive law. The work on contract law and the accompanying debate could not ignore the fundamental principle of freedom of contract, which eventually resulted in developing an original solution. It was first captured in Article 55 of the Code of Obligations[1], and then restored, in slightly changed wording, in the Polish legal system in Article 353¹ of the Civil Code[2]. Although the principle of freedom of contract was not formally enshrined in the regulations that were effective between 1965 and 1990, it was considered by scholars in the field to be still applicable to a limited extent. From current perspective, this regulation is worth looking at and assessing, especially in the context of its future application. This analysis leads to the conclusion that the existing regulation is generally sufficient and does not need to be amended at the current stage of development of civil law.

Women in Court. Part II. Performance of Legal Professions by Women

Martyna Łaszewska-Hellriegel — 2025-03-21

This paper is the second part of the topic on the position of women in the judicial process in Poland and Germany. The first part dealt with the situation of women in front of the court, and this time, the authors present the path of women to practice particular legal professions, often based on a long and arduous struggle for their rights. The paper presents the issues of access to legal education in the various universities and an overview of the opportunities for women to practice legal professions.

Legal Consequences of a Breach of the Obligation of Marital Fidelity in the Law of Succession

Anita Lutkiewicz-Rucińska — 2025-03-21

Mutual fidelity is one of the fundamental duties of a married couple (Article 23(2) of the Family and Guardianship Code); there is no doubt that a breach of this duty, i.e. marital infidelity, can have an extremely negative effect on the functioning of the marriage and lead to legal separation or divorce. It is clear, however, that not every case of marital infidelity leads to legal separation or to the dissolution of the marriage by divorce; in particular, it may happen that the marriage relationship is terminated by the death of the betrayed spouse. The question then arises as to whether and, if so, what legal consequences under the law of succession may arise in the legal sphere of the spouse who has committed a breach of marital fidelity. The purpose of this article is to try to answer this question without claiming to be an exhaustive study of the problem outlined. The remarks made here will not, in principle, concern separated spouses since legal separation excludes the legal succession of the deceased spouse (Article 9351 of the Civil Code). A separated spouse could, therefore only inherit from a deceased spouse by way of a will, which is likely to be rather rare.

The methodology of action of local government bodies in the matter of returning an educational subsidy that was spent by the subsidized entity in violation of Article 252 of the Public Finance Act

Piotr Skorek — 2025-03-21

The purpose of the paper is to analyse the actions of a local government unit in the matter of returning a subsidy received in violation of the law. The author of this publication, analysing court decisions, describes the actions that a local government unit can take in order to secure public finances.

Statutory Competencies and Requirements for University Council Members: Real Influence or Facade?

Danuta Zysk — 2025-03-21

The paper examines the role, competencies, and qualification requirements for members of university councils under the Law on Higher Education and Science of July 20, 2018. The author evaluates whether the current legal provisions are sufficient to ensure effective oversight of public university management by the councils. The analysis identifies challenges and potential conflicts of interest, advocating for legislative amendments to strengthen the requirements for council members, including a prohibition on holding multiple roles,
to improve transparency, accountability, and efficiency. The paper concludes with proposed recommendations for amendments to the Law on Higher Education and Science.to improve transparency, accountability, and efficiency. The article concludes with proposed recommendations for amendments to the Law on Higher Education and Science.

Institutional and Legal Framework of Nuclear Power Programme in the Republic of Korea

Kamil Adamczyk — 2025-03-21

After the end of the Korean War in 1953, the Republic of Korea was one of the poorest countries in the world, but now it is one of the most technologically advanced nations and one in the field of nuclear energy. This paper aims to give an overview of the legal and institutional framework for the Korean nuclear power programme. The paper is divided into three parts. The first part presents a brief history of the Korean nuclear power programme. In the second part, the key international legal instruments in nuclear energy, to which the Republic of Korea is the party, are enlisted, as well as the main national legislative acts applicable to the nuclear power sector. The institutional framework for the Korean nuclear power programme is also discussed in detail. The key government authorities and other entities involved in implementing the nuclear power programme are divided into two groups – those promoting nuclear energy and those ensuring nuclear safety, security and nonproliferation. The final section, with conclusions, identifies the main differences between the legal and institutional arrangements for the nuclear sector in the Republic of Korea and Poland

The Right of Way of a Pedestrian Entering a Pedestrian Crossing. Doctrinal and Judicial Discourse

Marcin Leleński — 2025-03-21

The paper analyzes the legislative changes introduced by the Act of February 25, 2021, amending the Act on Road Traffic, focusing on the concept of priority of a pedestrian entering a crosswalk. The amendment expanded the rights of pedestrians, giving them priority not only when they are in the crosswalk but also when entering it. This modification of the law has sparked extensive discussion in legal doctrine and led to different interpretations in judicature. The paper discusses in detail the doctrinal and judicial discourse on understanding the concept of „entering a pedestrian crossing,” which has become a key issue in the context of the new regulations. The article's author supports adopting a balanced interpretation, taking into account both the temporal and spatial aspects of „stepping in”, thus achieving the amendment's objective of increasing pedestrian safety without creating additional risks for other road users.

Admissibility of collecting „statutory” contributions by National Cooperative Savings and Credit Union

Rafał Adamus — 2025-03-21

The study deals with the issue of the admissibility of establishing a membership fee in the statute of a legal person, such as the National Cooperative Savings and Credit Union, which has no normative basis in the law. In particular, the view expressed in the Supreme Court judgment of February 9, 2024, II CSKP 2060/22, was subjected to detailed criticism. The Supreme Court finds that the statute of the National Credit Union is inconsistent with the Act in the fragment relating to contributions, in that „the Act does not authorize the National Credit Union to regulate by statute the financial obligations of member cooperative credit unions to the National Credit Union other than those provided for in this Act”. However, the Supreme Court allowed the issue of financing the National Fund to be regulated by the Fund – a corporator in the form of a bilateral agreement.

Social Contract as a Form of an Administrative Contract

Łukasz Dubiński — 2025-03-21

The considerations presented in this study aim to determine the legal nature of the so-called social contract. For this reason, the doctrinal view that the said agreement is an example of the so-called administrative contract is presented. The considerations include the analysis of arguments concerning the social contract itself, as well as studies of the administrative contract as such and its various variants in Polish law.

The Union Civil Protection Mechanism in the Face of Modern Emergencies – de lege lata and de lege ferenda Remarks

Alicja Paluch — 2025-03-21

The European Union is confronted with increasingly severe natural disasters and new and more complex threats. Numerous emergencies in recent years have demonstrated the limitations of the structural elements and operational capabilities of the Union Mechanism for Civil Protection (UMOL). A challenge for EU civil protection, supported by the UMOL, is the rapid and efficient coordination of assistance in major emergencies, including multi-sectoral and cross-border crises involving several countries. Past experience with extreme weather events and the Covid-19 pandemic has demonstrated the need to strengthen the UMOL through new capabilities and better management. Climate change, technological developments and hybrid threats are expected to increase the number of civil protection missions in the future. New challenges will require the implementation of new forms of civil protection operations in Europe and globally, which will determine changes in the legal and political framework of the UMOL.

Good Morals and Dignity in Food Advertising

Monika Łata — 2025-03-21

Food law does not address issues of custom and dignity in food advertising. These issues are regulated by the provisions of „general” advertising law. At the same time, good manners, customs, dignity, equality or non-discrimination are notions that are vague in meaning. The implication of this state of affairs was the emergence of two types of assessment of good morals in advertising: economic-functional and moral-ethical. Depending on the choice of one of them, the good manners and dignity clause takes on different dimensions. The purpose of the paper is to attempt to answer the question of whether it is possible to build a catalogue of criteria for the court to assess that there has been a violation of good manners or human dignity in food advertising. In other words, whether it is possible to draw a line between the market function of advertising and the associated freedom of expression and moral principles and fairness in business dealings. This issue is of key importance in determining the design rules for lawful food advertising.

The Impact of Basic Research on the Quality of Higher Education in Poland: as Reflected in the Program Evaluation Reports of the Polish Accreditation Commission

Wioleta Hryniewicka-Filipkowska — 2025-03-30

The paper is devoted to the analysis of the impact of basic research on the quality of education at the level of higher education in Poland, with particular emphasis on the program evaluation reports of the Polish Accreditation Commission (PKA). The first part of the paper presents the main assumptions of the evaluation of higher education quality in Poland. The extent to which basic research contributes to educational quality standards was then verified. The last part presents the state of practice in the inclusion of basic research in the process of program evaluation by PKA. This discussion is based on an analysis of program evaluation reports for the faculty of law. The author seeks answers to the following questions: Does the law enforce the inclusion of basic research in PKA program evaluation? And does practice implement the law's requirements to include basic research in PKA’s program evaluation? The study was created as a result of the research project entitled Impact of legal basic research on legal education on the example of basic research funded by the National Science Center in Poland No. 2021/41/B/ HS5/0331 (NCN). The scientific purpose of the project is to analyze and evaluate the impact of NCN-funded basic research in the legal sciences, conducted by academics, on the education of lawyers at public universities in Poland.

Legal Framework for Banking Activities in Digital Enviroment. A Case Study of Vietnam

Cao Dinh Lanh — 2025-03-30

The objective of the article is to analyze and evaluate the legal aspects of banking activities in the digital environment in Vietnam in three areas: i) the legal framework regulating electronic transactions in the banking sector; ii) the controlled testing mechanism for financial technology in the banking sector; and iii) the protection of personal data in banking activities. Based on these findings, the study also highlights certain implications for ensuring requirements for risk control, protection the interests of stakeholders, and business operations of banks in Vietnam.

Halfway: The Limited Success of Drink Driving Enforeceent in Vietnam

Nhat Khanh Nguyen — 2025-03-30

This paper evaluates the effectiveness of Vietnam’s legal framework in addressing alcohol-related driving violations and identifies key challenges affecting enforcement. Using a qualitative approach, the research systematically analyzes legal documents, statistical data, and expert opinions. The findings reveal three critical issues: (1) the lack of scientific support for strict regulations, resulting in low public acceptance and enforcement challenges; (2) limited diversity in penalty measures, reducing the deterrent and educational impact; and (3) the absence of a comprehensive national database for tracking violators, hindering effective management of repeat offenses. The study provides evidence-based recommendations for legal reforms, emphasizing the need for diverse, scientifically grounded, and practical approaches to enhance traffic safety and policy implementation. The study aims to improve Vietnam’s traffic safety and policy effectiveness by addressing these gaps and implementing more comprehensive and valuable strategies. While the research focuses on Vietnam’s unique context, its findings provide valuable insights for other nations grappling with similar challenges, underscoring the importance of adopting a multidimensional and evidence-driven approach to managing alcohol-related driving violations.

The Rule of Law Principle in the Customs Law of Ukraine and the European Union. A Comparative Analysis

Serhii Perepolkin — 2025-03-30

The paper’s goal is to present a proposal for discussion that would update the methods used in Ukrainian customs law science to interpret the meaning and relationship between legality and rule of law, as well as determine how these approaches fit into the operations of the country’s customs authorities. The paper’s goal required the use of a number of scientific cognition methods, such as historical and legal method; dialectical method; comparative method; systemic and structural method; hermeneutical method; method of analysis; method of synthesis; method of generalization, etc. The rule of law is highly valued in Ukrainian laws, law enforcement processes, and legal doctrine. However, its legal regulation in Ukrainian legislation and doctrinal legal analysis of its content and correlation with other principles of law, in particular the principle of legality, are carried out from the standpoint of legal positivism without taking into account the principles of the natural law concept of law understanding. The absence of a systematic approach to the normative and legal consolidation of the principle of the rule of law in the legislation of Ukraine led to the emergence of various options for a formal definition of its content, which significantly complicated its real knowledge. In view of the above, it is recommended to focus on developing a coherent approach to the interpretation of the content and correlation of the principles of legality and the rule of law, taking into account the principles of the natural law concept of law understanding, according to which they are correlated as part and parcel.

On the Action for Nullification of the Enforceable Title in Alimony Cases. A Critical Commentary on the Decision of the Supreme Court of June 10, 2021, in the Case with Docket Number: I CSKP 55/21

Paulina Woś — 2025-03-21

The subject of this paper is the judgment of the Supreme Court – Resolution of the Supreme Court – Civil Chamber dated June 10, 2021 (case reference: I CSKP 55/21), in which the Supreme Court expressed the view that all cases concerning alimony, including those in which the debtor disputes the existence of an alimony obligation within a motion to set aside the enforceable title, must be considered as alimony cases within the meaning of Article 3982 § 2 point 1 of the Civil Procedure Code. The purpose of this analysis is to examine the judgment of the Supreme Court and to show that, in the light of the existing legal provisions, the Supreme Court's position is too broad, since actions to set aside an enforceable title for alimony cannot be classified as alimony cases in which an appeal in cassation is inadmissible.

Toward a Conceptual Network for the Private Law of Artificial Intelligence

Jacek Widło — 2025-03-30

This paper is a review of the publication entitled Toward a Conceptual Network for the Private Law of Artificial Intelligence. The book, which includes 12 chapters, describes a coherent and comprehensive concept of regulating the legal phenomenon of artificial intelligence (AI). he book identifies the nature of AI and the need for its legal regulation, proposing to award AI limited legal personality as a participant of global trade. The publication outlines the premises for its award and presents proposals as to how to register AI in the situation when it is assigned legal personality (advanced AI). It indicates the consequences of such an approach when AI has the competency to enter into contracts, assume rights and obligations as well as ownership titles, personal copyrights or liability for injury under tort law. According to this concept, AI itself or entities that use it will be assigned liability for its functioning. This novel concept is the focus of the reflections presented below, which explore its recognition as a subject by law, as well as its existence and technological development in the era of the 4th industrial revolution.

Illegal Fishing in Kosovo: An Examination of National Legislation and the Standards of European Union Law in This Field

Vilard Bytyqi — 2025-03-30

The issue of illegal fishing is being addressed through legal measures in the administrative and criminal fields. Kosovo has addressed this issue with special laws. The Law on Fisheries and Aquaculture has been implemented to regulate administrative violations, while the Criminal Code outlines the penalties for criminal offenses in this sector. This paper aims to address the aspect of regulating illegal fishing both from the perspective of administrative law and from the perspective of criminal law. The paper will address the issue of the elements that constitute the criminal offense of illegal fishing, analyzing all the objective and subjective elements that constitute this criminal offense. The analysis will also cover the administrative and criminal sanctions imposed for violations in the field of illegal fishing. The analysis will also address the issue of double regulation, as expressed in the Kosovo legal framework, where the same situation is addressed as both an administrative violation and a criminal offense without clear limits or criteria for division. The analysis will conclude with an examination of the standards promoted by the European Union in the field of illegal fishing, as well as comparative examples of some European Union countries that have adopted a more lenient approach to preventing and combating illegal fishing. These countries view administrative law as the most straightforward and least burdensome solution to address this issue.

Party and Other Participants in the Procedure for Issuing a Building Permit in the Light of Recent Statutory Changes

Jakub Ziety — 2025-03-21

The subject of the article is an analysis of the changes in the construction law concerning the parties to the procedure for obtaining a construction permit. The legislator has limited the scope and conditions of recognition as a party to the above procedure. However, due to the need to implement the provisions of EU directives, it was necessary to expand the circle of entities authorised to file appeals or complaints with administrative courts for participants in proceedings on the issue of environmental decisions and ecological organisations. These entities have the status of participants in appeal proceedings with the rights of a party. However, the scope of the allegations in the appeal was limited to non-compliance of the construction permit decision with the issued environmental decision. If the appeal contains other allegations, the second-instance authority must reject or discontinue the proceedings.

Constitutional Pattern of Employment Regime for Civil Service Members: Polemical Remarks on the Margins of Jakub Szmit’s Book

Marcin Czechowski — 2025-03-21

In the first half of 2024, Jakub Szmit’s monograph entitled Constitutional Standard of the Employment Regime of Members of the Civil Service Corps. The author presented an interpretation and evaluation of the currently binding employment regulations for members of the civil service corps and proposals for new solutions in this area. At least some of the theses, justifications and assessments formulated in the publication require comment or polemic. A considerable number of these are included in the fourth chapter, entitled Conclusions and de lege ferenda comments. Even if some of the author’s theses cannot be considered accurate, when assessing the study as a whole it must be said that the title issue has been presented in a mostly comprehensive manner.

Servicization in Social Policy: Challenges for Compensation Services and Directions for Legal Change

Joanna Szczepaniak-Sienniak — 2025-03-21

The main aim of the authors of this paper is to draw attention to the importance and most urgent challenges of compensatory services in the Polish system of family support and care, as well as the most important conditions for their functioning and development in the light of their own research, with special attention to the directions of changes in the law. The authors emphasize that looking at and trying to evaluate these conditions through the prism of the assumptions of servicisation (such as standardisation of procedures, marketisation, outsourcing, flexibilisation, co-production of social services, etc.) provides a better opportunity to recognise them and accurately determine the directions of their development. At the same time, they argue that a more systemic approach to the services under review is necessary, which is why they propose a modified title for the law: „The Law on the System of Family and Foster Care Support”.

European Court of Human Rights in the Face of Climate Change

Adam Wiśniewski — 2025-03-30

In 2024, the European Court of Human Rights decided three cases related to climate change. He explained the issues regarding the admissibility of complaints in this type of cases. The case of Verein Klimaseniorinnen Schweiz and Others v. Switzerland is of particular importance, as the ECtHR established the link between the rights protected in the Convention and climate change, stating that Article 8, protecting the right to privacy and family life, should be seen as covering the state’s obligation to protect against these changes. It also defined the nature and scope of the state’s positive obligations under the Climate Change Convention. Therefore, the findings of the ECtHR presented in these cases will be of significant importance in similar cases considered in the Strasbourg docket in the future. In the case of Verein Klimaseniorinnen Schweiz and Others v. Switzerland, the ECtHR also established the conditions that must be met in order for an applicant alleging a violation of his Convention rights due to climate change to be considered a victim within the meaning of Art. 34 of the Convention, and these conditions are defined separately for natural persons and for associations that are legal persons. The judgment in the case of Verein Klimaseniorinnen Schweiz and others v. Switzerland can be considered a landmark ruling in terms of threats to human rights resulting from climate change. Having the status of a real precedent, this judgment will certainly encourage further complaints about the negative effects of climate change, which may result in mobilizing national authorities to review national climate policies. Despite the controversy that accompanies it, the ruling in the Verein Klimaseniorinnen Schweiz case may play an important role in mobilizing the authorities of the 46 states parties to the Convention to undertake more intensive efforts to counteract the enormous threats associated with the phenomenon of climate change.

Register of Damages Caused by the Aggression of the Russian Federation in Ukraine: the Creation and Main Objectives of the Mechanism

Anna Dąbrowska — 2025-03-30

The paper addresses the ongoing issue of the financial responsibility of the Russian Federation for the damages caused by the armed attack on Ukraine in 2022. It examines the main assumptions of the recently established international compensation mechanism, the Registry of Damages in favour of Ukraine. The subsequent discussion will focus on the establishment of the mechanism, its purpose and the challenges it faces.

Camouflage or Illusions? The Presence of Léon Duguit’s Solidarist Thought in the Process of Creating Property Law in People's Poland in 1945–1946

Michał Sopiński — 2025-03-21

The paper discusses the issue of the presence of solidaristic views of Léon Duguit in the process of creating property law in the years 1945-1946 in People’s Poland. The author verifies the hypothesis that in the early years of People's Poland, Polish lawyers, including prominent activists of the new authorities involved in the unification of law and the implementation of ownership-related transformations, based their actions on the solidaristic concept of law by Léon Duguit, which was used as a justification for socio-economic changes, thus allowing to hide their actual inspirations under the pretext of so-called socialization of law, especially property law. An important element of the article is also the temporal context associated with the ideological changes taking place within the legal discourse conducted in legal journals in the early years of People’s Poland.

Blanket Nature of the Statutory Delegation Defining the Subject of the Prohibited Act of Possession of New Psychoactive Substances in the Light of the Act of 29 July 2005 on Counteracting Drug Addiction: Unconstitutionality of the Penal Norm in the Context of the Principle of Nullum Crimnen Sine Lege

Przemysław Wasylik — 2025-03-21

The subject of the paper is a logical analysis of the characteristics of the crime of possession of new psychoactive substances in terms of the constitutional standards of criminal law. The apaper indicates what new psychoactive substances are, what their potential effect is, and discusses the normative complex devoted to them. Based on semantic, syntactic, legal-criminal and constitutional analysis, the authors critically analyze the current legislation. The constitutional and international standards of criminal law that the regulations in question will not meet, both from a formal-legal perspective and in terms of human rights, were indicated. The paper uses the following methods: formal-dogmatic, comparative and logical analysis.

Comments on shaping legal awareness in the educational process in primary and secondary schools

Dominika Łukawska-Białogłowska — 2025-03-21

From November 2022 till June 2024 on the Faculty of Law and Administration of the University of Łódź was implemented project no. B2211900001254000 entitled “What’s New in the Law?”, co-financed by the Ministry of Education and Science (currently: the Ministry of Science and Higher Education) under contract no. SONP/SP/548436/2022 as part of the “Social Responsibility of Science” program. It consisted of conducting classes on the basics of law in 25 schools in the Łódź Province (primary and secondary schools) for a total of 5,482 students. During classes at schools, participants confronted their current knowledge of legal issues with information and cases prepared by the course instructors (Dominika Łukawska-Białogłowska, PhD and Ewa Urbaniak, PhD), and were also encouraged to present their comments and thoughts, including in the form of surveys and conversations, while during meetings at the seat of the Faculty of Law and Administration of the University of Łódź, they took part in simulations of court hearings. The project drew attention to the need to consider changes in the way school students are educated in the field of legal knowledge. The subject of this paper is consideration of the proposed solutions that would contribute – In the author’s opinion – to the development of legal awareness among children and young people.

Functioning of the Municipal Judiciary of the Radom Area in the Light of Jurisprudence in the Years 1929-1939

Bartłomiej Składanek — 2025-03-21

The aim of this paper is to analyze the jurisprudence of the municipal courts in the Radom district from 1929 to 1939, covering both civil and criminal cases. The study seeks to demonstrate that the municipal courts were a key element of the judicial system, significantly influencing the efficiency of the common judiciary. The analysis includes an assessment of the strengths and weaknesses of the courts’ rulings, focusing on procedural efficiency, case duration, and the stability of issued judgments. The research is limited to the pre-war period, which allows for a better understanding of the actual impact of municipal courts on the society of the Second Polish Republic.

Admissibility of Acquisitive Prescription of Ownership of Real PropertyConstituting a State Forest

Daniel Dąbrowski — 2025-03-21

The gloss relates to the Supreme Court’s resolution adopted by a seven-judge panel on 21 June 2023 (III CZP 94/22) concerning the acquisitive prescription of real estate constituting a state forest. In this resolution, the Court held that Article 2 of the Act on preserving the national character of the country’s strategic natural resources does not preclude the acquisition by acquisitive prescription of such real estate. The gloss endorses this position, pointing out that the rules of linguistic interpretation unequivocally support the assumption that the term „ownership transformation” as used in Article 2 of the Act refers only to processes of ownership change of a structural nature. In the opinion of the glossator, the Court rightly concluded that the result of the linguistic interpretation is confirmed by the purpose of the Act, also taking into account the historical context of its enactment.