Prawo i Więź ukazuje się regularnie od 2012 roku, a od grudnia 2015 roku znajduje się na ministerialnej liście czasopism punktowanych. Od 2024 r. Prawo i Więź jest dwumiesięcznikiem publikowanym w cyklu wydawniczym: luty, kwiecień, czerwiec, sierpień, październik, grudzień. W Prawie i Więzi publikowane są teksty ze wszystkich dziedzin prawa prawa materialnego i procesowego oraz z teorii, filozofii i socjologii prawa. Czasopismo przyjmuje do publikacji teksty w języku polskim i angielskim, przygotowane w formule artykułów, glos lub recenzji monografii naukowych. Czasopismo dąży do rozszerzenia zakresu polskiej debaty prawniczej poprzez wprowadzenie do niej niedostatecznie zbadanych problemów, a także umieszczenie krajowych zagadnień w szerszym kontekście międzynarodowym. Redakcja preferuje artykuły, które przedstawiają szerszy kontekst międzynarodowy i perspektywę prawnoporównawczą, jak również wprowadzają idee, zagadnienia i problemy prawne, które nie były dotychczas szeroko omawiane w Polsce. Prawo i Więź jest indeksowane w SCOPUS, European Reference Index for the Humanities and Social Sciences (ERIH PLUS) i The Central European Journal of Social Sciences and Humanities (CEJSH). Prawo i Więź jest adresowane przede wszystkim do przedstawicieli środowiska naukowego. Gorąco zachęcamy Czytelników do zapoznawania się kolejnymi numerami czasopisma, a Autorów do współpracy! Wersja pierwotna jest wersją elektroniczną. Opublikowane artykuły są dostępne w open access (OA). Wskaźniki oceny czasopisma: MNiSW: 100 pkt DOI: 10.36128 ISSN: 2299-405X online ISSN: 2719-3594 Wskaźnik odrzuceń: 34%
Wydawnictwo Spółdzielczego Instytutu Naukowego
Ewolucja i aksjologiczne uzasadnienie dla wprowadzenia regulacji deweloperskich w polskim porządku prawnym
Contrary to common belief, the origins of development activity in Poland are not directly linked to the enactment of the first normative act regulating the relationship between the developer and the purchaser, namely the Developer Act of 2011. Nevertheless, it is indisputable that the emergence of professional entities currently referred to as developers dates back to the 1980s. Given the close interconnection between developer-specific regulations and other branches of law – particularly construction law, which to a significant extent delineates the direction of the sector’s development – this study undertakes an historical analysis of the evolution of legal norms impacting the real estate development sector. Taking into account that the Polish legal system is grounded in unilateral conventional acts established by duly authorized public authorities, it also proves essential to examine the process through which such entities came to recognize the necessity of adopting specific legal provisions governing the developer market. Accordingly, this article seeks to identify the axiological foundations underlying legislative changes and the implementation of new regulatory frameworks in the field of law pertaining to real estate development activity. The principal objective of this article is to demonstrate that the introduction of the first developer-specific regulations in Poland constituted a legislative response to practical issues arising in the performance of developer agreements (including the abuse of dominant positions by developers), rather than a catalyst for the sector’s growth.
Prawa autorskie (c) 2025 Natalia Pliszka https://creativecommons.org/licenses/by/4.0
Wybrane cechy modelu ochrony sygnalistów na przykładzie amerykańskiego rynku regulowanego
This article discusses selected issues related to American whistleblower regulation in the financial market, presented against the backdrop of historical considerations regarding whistleblower status. The choice to analyze the mechanism of reporting irregularities through practices specific to the banking and financial sectors is an important issue of law enforcement and financial market security, and also determines the reasons for the development of the whistleblower institution in the financial market. The article presents the whistleblower as an element of the market protection system, investor protection, and broader civil liberties in the USA. American law had a significant impact on the development of European solutions for whistleblower protection and status. To better understand European law, it is necessary to refer to the prototype, which in this case consists of several American legal acts, case law, and the extensive financial market regulation of the Securities and Exchange Commission. The heterogeneity of whistleblower status in the US is a significant problem and should be approached with caution, considering the purpose of these differences. The article is a synthetic study, therefore, it proposes selected, in the author's opinion, elements characteristic of the whistleblower protection system in the financial market. The genesis of the whistleblower institution in the USA required a retrospective and selective approach, paying attention to the interdisciplinary nature of the concept.
Prawa autorskie (c) 2025 Mariola Lemonnier https://creativecommons.org/licenses/by/4.0
Wspólny system powrotów Unii Europejskiej – ku zwiększeniu skuteczności powrotów obywateli państw trzecich. Analiza porównawcza postępowania w zakresie powrotów na podstawie dyrektywy 2008/115 i projektu rozporządzenia ustanawiającego wspólny system powrotów (COM (2025) 101)
The article provides a comparative analysis of the return procedure under Directive 2008/115 and under recently tabled regulation establishing a common European return system The aim of the proposed reform is to make EU return policy more effective, still based on the 2008 Directive, and to adapt it to the challenges arising from the development of migration and asylum law within the European Union. The conclusion is that the Commission’s proposal will, at least in theory, have a positive impact on the effectiveness of returns of third-country nationals staying illegally in the territory of Member States. This will be due to the appropriate choice of legal instrument, namely an EU regulation, which provides for uniform application of its provisions in all Member States, but also due to the fact that it leaves Member States a certain degree of flexibility.
Prawa autorskie (c) 2025 Katarzyna Strąk https://creativecommons.org/licenses/by/4.0
Koncepcje prawnej podmiotowości przyrody
The purpose of the study is to present methods of introducing subjective rights of nature into the legal system, taking into account the legal solutions in force in selected countries. They consist of both statutory provisions (Ecuador) and case law (Colombia, India, Bangladesh, New Zealand). The discussion on the subjective rights of nature is not limited to their instrumental treatment, because in order to realize them it assumes the need for a profound transformation of the law through a change in the philosophical and legal paradigm. The initial premise of this process is the departure from the canon of anthropocentrically understood ethics. The legislative solutions adopted today, including constitutional ones, refer to human spirituality, animistic understanding of nature and religious beliefs. This confirms the fundamental importance of the cultural environment for legal debate. It can be concluded that in the Polish cultural and legal and political realities there is no justification for implementing the ideas of normative personification of nature understood in this way.
Prawa autorskie (c) 2025 Jerzy Rotko https://creativecommons.org/licenses/by/4.0
Zasiedzenie a roszczenie o wynagrodzenie za korzystanie z rzeczy. Glosa do postanowienia Sądu Najwyższego (7) z dnia 3 kwietnia 2024 r., III CZP 103/22
The Supreme Court ruled that acquisitive prescription does not deprive the owner of the right to claim remuneration for the use of real estate in the period preceding acquisitive prescription. The ruling represents a fundamental change in the current understanding of acquisitive prescription and its relationship to so-called claims supplementing a claim for recovery. Author disagrees with the position taken by the Supreme Court. First of all, he argues that it blurs the boundaries between the original and derivative methods of acquiring ownership and makes them similar. He also points out that the ‘new understanding’ of the nature of acquisitive prescription (its ratio legis) proposed by the Supreme Court also calls into question the principle of ‘gratuitousness’ of this primary method of acquiring ownership. The commentator formulates numerous further arguments and calls for the intervention of the legislator to make changes in the area of acquisitive prescription, which are certainly already necessary.
Prawa autorskie (c) 2025 Tomasz Justyński https://creativecommons.org/licenses/by/4.0
The Campaign of British Trade Unions to Oppose the Polish Resettlement Act of 1947.
This article examines how British trade unions organised a coordinated, albeit unsuccessful campaign to oppose both the establishment of the Polish Resettlement Corps in March 1946 and the passing of its accompanying piece of legislation, the Polish Resettlement Act, the following year. Perturbed at the influx to Britain of well over 100,000 Polish soldiers who had fought for Allied forces during the Second World War, many organised labour movements viewed these Poles as foreign competition for British homes, jobs and resources, especially during a period of post-war rationing. The fact that the vast majority of these trade unions were strongly left-wing and led by admirers of the Soviet Union made them not only highly sceptical of Polish soldiers’ claims of being unable to return to Poland fearing communist persecution but also led them to promote communist propaganda by labelling the Polish 2nd Corps, led by Gen. Władysław Anders, as a quasi-fascist pro-German army and a fifth column of Polish reactionaries posing a great danger to Britain. By focusing on a selection of archival documents from 1945-1946, the article demonstrates not only how these trade unions engaged in intense lobbying of the British government to prevent Poles from settling in post-war Britain, but also how they attempted to appeal to the broader population through rhetoric based on xenophobia, Soviet propaganda and even anti-Catholicism.
Prawa autorskie (c) 2025 Dr Paul McNamara https://creativecommons.org/licenses/by/4.0
Creating Resilient Artificial Intelligence Systems. A Responsible Approach to Cybersecurity Risks
In a computerised state, where the information society makes extensive use of digital services, artificial intelligence is important. To facilitate the use of cyberspace, AI systems needed to be resilient to cyber threats that can not only limit the operation of such systems, but also take control of them. Ensuring cyber security requires the introduction and use of appropriate protective measures, both at the stage of creating such systems, implementing them and using them. It should be emphasized that the use of new technologies, including artificial intelligence, must be done responsibly, so as not to expose oneself and other users to risks, including those that cause significant damage. The authors use the dogmatic-legal method, through which an analysis was made of legal acts that normalise both artificial intelligence and cyber security issues. The theoretical-legal method was used to analyse the literature on both normative issues related to artificial intelligence and its potential, as well as obligations related to cyber security, including countering threats occurring in cyberspace.
cyber security, artificial intelligence, cyberspace, cyber threats
Prawa autorskie (c) 2025 Dominik Bierecki, Christophe Gaie, Mirosław Karpiuk, Jean Langlois-Berthelot https://creativecommons.org/licenses/by/4.0
Obowiązek dziecka do utrzymywania kontaktów z rodzicem w aspekcie zasady dobra dziecka
The aim of this article is to present issues related to a child’s obligation to maintain contact with their parent in light of the principle of the best interests of the child, which is a fundamental directive of family law. The author points out that such contact is not only a right but also a duty of the child, the purpose of which is to protect their own well-being and not solely the interests of their parents. The analysis is conducted from a primarily legal perspective, but also from an axiological and psychological perspective, taking into account national case law. It is emphasized that this obligation exists from birth and does not cease upon reaching the age of majority, as the family bond is permanent and accompanies the child throughout their life. Maintaining contact with a parent strengthens the child’s sense of security, belonging, and identity, which means that this duty should be understood as an instrument for protecting the child’s welfare and a foundation for proper development, rather than a formal legal burden.
Prawa autorskie (c) 2025 Aleksandra Młynarkiewicz https://creativecommons.org/licenses/by/4.0
Ustrój i prawo starożytnego Rzymu w świetle krakowskich wydań De magistratibus et sacerdotiis, praeterea de diversis legibus Romanorum Giulia Pomponia Leto
The article is devoted to the political and legal system of ancient Rome, especially during the Republic, in the light of the treatise written by the Renaissance scholar Pomponio Leto. The treatise was well-received in sixteenth-century Poland, as evidenced by the four Krakow editions. The author of the treaty (1428–1497) was an Italian humanist, professor of eloquence in Rome, and founder of the Academia Romana, where members discussed various questions of ancient history and literature. His treatise De Romanorum magistratibus, sacerdotiis, iurisperitis et legibus is considered by many scholars to be a „by-product” of work related to the publication of texts by Roman historians, commenting on the works of Virgil, and especially work on the texts of Varro. The author of the paper aims also to demonstrate the influence of sources of Roman law, particularly fragments of Justinian's Digests, on the content of the treatise, often overlooked by most researchers.
Prawa autorskie (c) 2025 Marzena Dyjakowska https://creativecommons.org/licenses/by/4.0
Przetwarzanie danych biometrycznych dzieci w związku z korzystaniem ze szkolnej stołówki. Glosa do wyroku Naczelnego Sądu Administracyjnego z dnia 10 października 2024 r., III OSK 4804/21
The commentary is a critical analysis of the Supreme Administrative Court (NSA) ruling, which found that the processing of students’ biometric data by a school for verifying payments for the use of the school canteen services complies with the requirements of the GDPR. The analysis elaborates in detail on the court’s interpretation of the principle of data minimization, purpose limitation, and the criterion of „freely given” consent. The author points out inaccuracies in the court’s assessment, arguing that the processing of children’s biometric data in this manner constitutes a disproportionate interference with their privacy. The author discusses the court’s reasoning regarding the relationship between the consent of the data subject and the data processing principles outlined in Article 5 of the GDPR. Concerns are also raised about the court’s assessment that the legal guardians’ consent was „freely given”, which, according to the author, fails to sufficiently account for the relationship between the school and students and the potential imbalance of power between the parties.
Prawa autorskie (c) 2025 Mateusz Kupiec https://creativecommons.org/licenses/by/4.0
Charakterystyka źródeł prawa energii jądrowej w PRL (do 1986 r.)
This article discusses the types of formal legal sources that, until 1986, constituted the system of nuclear law in communist Poland. The time frame of this study was determined, on the one hand, by the state's commencement of legislative activity in the area in question (1952) and, on the other hand, by the adoption and entry into force of the first Polish Atomic Law (1986). It was the first legal act of this rank in Poland that comprehensively regulated the safety of nuclear energy and ionising radiation. Furthermore, the new act largely streamlined the previously opaque system of norms, which consisted of acts of varying rank and form originating from numerous state authorities.
Prawa autorskie (c) 2025 Tomasz Robert Nowacki https://creativecommons.org/licenses/by/4.0
Poglądy Aleksandra Wielopolskiego i jego kręgu politycznego na sprawę reform chłopskich w XIX wieku w Królestwie Polskim (do 1862 r.)
Aleksander Wielopolski (1803–1877) was one of the key political activists in the Kingdom of Poland in the 1860s. His ideological platform was based on the concept of loyalty to the Russian Empire and the pursuit of a conciliatory policy towards the partitioning powers. Serving as head of the Civil Government in 1862–1863, he attempted to implement modernizing reforms in the Kingdom, believing that only cooperation with the tsar offered a real opportunity to improve the situation of Polish society. Aleksander Wielopolski saw resolving the peasant question as one of the key conditions for stabilizing social relations and the sustainable development of the Kingdom of Poland. He advocated the enfranchisement of peasants, but in an evolutionary and moderate form, respecting the interests of the landed gentry. He advocated granting peasants land ownership while providing compensation to landowners, opposing radical revolutionary solutions. In 1861–1862, he initiated partial reforms, including the abolition of personal serfdom, the reduction of serfdom payments, and the possibility of converting them into rent. Although his program assumed a gradual transformation of the agrarian structure, it was not fully implemented due to the outbreak of the January Uprising in 1863. The final enfranchisement reform in the Kingdom was carried out by the Russian authorities in 1864, using it as a tool to weaken the social base of the national movement.
Prawa autorskie (c) 2025 Adam Ćwikła https://creativecommons.org/licenses/by/4.0
Deepfake w świetle aktu w sprawie sztucznej inteligencji
The Artificial Intelligence Act is the world's first regulation to establish a comprehensive legal framework specifying harmonized rules for the creation, use, and dissemination of AI systems. One of the areas regulated by the AI Act is deepfake technology, which encompasses AI systems that generate or modify synthetic content in the form of images, sounds, or videos that falsely appear authentic. This technology contributes to numerous abuses and is consistently associated with destructive behavior. EU legislators have recognized the risks associated with deepfake content – the Artificial Intelligence Act provides procedures to protect citizens from manipulation and disinformation, classifying deepfakes as limited risk and introducing transparency obligations for providers of AI systems that generate deepfake content, as well as for those who use them. The aim of this article is to provide a detailed analysis of the provisions of the Artificial Intelligence Act relating to deepfake technology, the scope of their application, and the method of enforcement. Additionally, the assessment will focus on the categorization of risks associated with deepfake content adopted by the EU legislator and its adequacy in the context of fundamental rights protection.
Prawa autorskie (c) 2025 Iwona Bień-Węgłowska https://creativecommons.org/licenses/by/4.0
Zagadnienie dopuszczalności zbiegu ról procesowych członka komisji habilitacyjnej i członka organu habilitującego
In habilitation proceedings, an issue arises concerning the admissibility of the concurrence of procedural roles held by, on the one hand, a member of the habilitation committee (the body entrusted with evaluating the scholarly achievements of a candidate and providing an opinion on the application for the conferment of the habilitation degree, i.e. the Polish post-doctoral degree) and, on the other hand, a member of the habilitation authority (the body empowered to make the decision on the conferment of the habilitation degree). The way this problem is resolved is of fundamental importance for the correctness of the proceedings and the decision concerning the conferment of the habilitation degree. The author examines this issue in the light of the Act – Law on Higher Education and Science, as well as within the framework of the Code of Administrative Procedure. The analysis leads to the conclusion that, with respect to five members of the habilitation committee, such a concurrence of procedural roles is categorically precluded, whereas in the case of two members of the habilitation committee – by reason of their distinct legal status – such a concurrence is both possible and legally permissible.
zbieg ról procesowych członka komisji habilitacyjnej i członka organu habilitującego
Prawa autorskie (c) 2025 Mariusz Bogusz https://creativecommons.org/licenses/by/4.0
W sprawie błędów we wdrażaniu w procesie wykładni założenia o domyślnych zaprzeczeniach znamion modyfikujących w opisach typów podstawowych czynu zabronionego
When the legislator wishes to provide a milder or stricter criminal liability for a special subcategory of a certain category of punishable acts than for the rest of these acts, in addition to the basic type of a given offence (e.g. murder), the legislator will introduce a special (modified) type of the same offence, which corresponds to this subcategory (e.g. euthanasia). In comparison to the statutory description of the basic type of the offence, a statutory description of a special type of the offence contains an extra feature, which differentiates a given subcategory of acts from the rest of the category (a so-called modifying feature). Certain academics specializing in Polish criminal law, citing Władysław Wolter, adopt an inaccurate assumption, pursuant to which, as a result of introducing a special type of an offence, the statutory description of the basic type of this offence is automatically, by reason of logic, implicitly extended by the negation of the modifying feature. An inevitable consequence of this assumption, which is overlooked by its proponents, constitutes an unjustified narrowing of the scope of criminalization. The author argues that an even further narrowing of the scope of criminalization is led by significant errors, often made by followers of the assumption of implied negations of modifying features in the statutory descriptions of basic types of offences when implementing this assumption in the process of interpreting the criminal law provisions defining basic and special types of offences. He distinguishes and then discusses in detail three types of such errors and their consequences.
Prawa autorskie (c) 2025 Jarosław Majewski https://creativecommons.org/licenses/by/4.0
Wykładnia twórcza a tzw. wykładnia prawotwórcza
The goal of the present paper is the attempt to identify and distinguish between the phenomena of creative interpretation and so-called law-making interpretation. The starting point is the assumption that the concepts of creative interpretation and so-called law-making interpretation are not identical, although they are frequently used interchangeably in legal doctrine and judicial practice. Recognition of the need to distinguish between creative interpretation and the phenomenon of so-called law-making interpretation is inextricably related to the thesis adopted and argued in this paper, according to which creative interpretation is an acceptable, frequently required and indispensable form of interpretation, whereas so-called law-making interpretation in its essence is by no means interpretation, but occurs in legal practice and is a phenomenon that must not be accepted under any circumstances. In principle, the prohibition of legal interpretation is widely recognized in doctrine and judicial practice. Although such a prohibition applies to all entities interpreting the law, it is particularly relevant to the judiciary in the context of the principle of the separation of powers. An interpreter is not allowed to create legal norms in a subjective and arbitrary manner, because such an act is no longer interpretation but enters the realm of law-making. The issue at stake is not law-making understood as the creation of legal provisions, but law-making understood as the creation of legal norms that have not been previously codified by a rational legislator in legal provisions.
Prawa autorskie (c) 2025 Jadwiga Potrzeszcz https://creativecommons.org/licenses/by/4.0
Konstrukcja ubezpieczenia rentowego jako ubezpieczenia na życie
This article presents the legal characteristics of disability insurance. It discusses its classification in light of applicable law and the criterion for this classification – the type of benefit paid. A detailed analysis of the essential aspects of this contract, such as the definition of the insured event, the insurer’s benefits, and the insurance premium, is provided. Various variants and varieties of disability insurance are also presented.
Prawa autorskie (c) 2025 Magdalena Natalia Szczepańska https://creativecommons.org/licenses/by/4.0
Ramy prawne przesłuchania świadka na posiedzeniu zdalnym w postępowaniu cywilnym
The introduction of remote hearings in civil proceedings has opened up new possibilities for presenting evidence, including witness testimony. While the legislator has granted the presiding judge and the witness the right to initiate a remote hearing, the final decision lies with the parties, who can raise a binding objection to the remote examination of a witness. While remote witness examination has several advantages, such as saving time and resources, offering organisational benefits and speeding up proceedings, it also carries certain risks, including technical difficulties, the possibility of influencing the content of testimony and violating personal data protection. The article highlights the above advantages and disadvantages of remote witness examination and notes the legislative shortcomings that need to be addressed.
Prawa autorskie (c) 2025 Joanna Misztal-Konecka https://creativecommons.org/licenses/by/4.0
Informacja publiczna a tajemnica przedsiębiorcy
Access to public information is a right guaranteed not only by acts, but above all by the provisions of the Polish Constitution. However, it is not an unconditional right, as it is subject to certain restrictions, specified, inter alia, in Article 47 of the Polish Constitution and Article 5 of the Act on Access to Public Information. One such restriction on obtaining public information is trade secret. Due to the growing number of requests for access to information containing this secret, this study presents the most important issues related to this topic.
decyzja o odmowie udostępnienia informacji publicznej
Prawa autorskie (c) 2025 Renata Cybulska https://creativecommons.org/licenses/by/4.0
Weaponizing Memory: The Legal Implications of Russia’s Monument Policy on Occupied Territories of Ukraine
This article explores Russia’s use of monuments as tools of ideological control in occupied Ukrainian territories following the 2022 invasion. Focusing on the removal, alteration, or erection of monuments and the reconfiguration of symbolic space, the study situates these actions within the frameworks of international humanitarian law and international human rights law. The article argues that by dismantling Ukrainian memorials and restoring Soviet symbols, Russia seeks to rewrite historical memory and impose its narrative, thus violating the conservationist principle of occupation and undermining cultural rights. Drawing on the concepts of memoricide and identicide, it calls for stronger legal safeguards to protect national memory and cultural identity under occupation in contemporary armed conflicts.
Prawa autorskie (c) 2025 Anastasiia Vorobiova https://creativecommons.org/licenses/by/4.0
Security in the Era of Threats Occurring in Cyberspace
Security has always been of paramount importance to both society and the state. In the era of widespread Internet access, we can speak of a new dimension related to the use of cyberspace. New threats are emerging that are not limited to specific countries but can even have an international dimension. Given that information and communication systems are now widely used around the world, cyberthreats that compromise their functioning are also common. New technologies, including artificial intelligence, are, on the one hand, a manifestation of the development of states and societies, but, on the other hand, if used improperly, they can lead to serious consequences, even disrupting the operation of strategic sectors and even necessitating the activation of crisis management mechanisms. When implementing and using information and communication technologies, the associated risks must also be considered. Electronically transmitted and shared information now occurs on a large scale, so it is crucial to avoid being manipulated. The purpose of this paper is to determine the security status of a digital state that utilises cyberspace for its operations. Within this state, society also benefits from new technologies, which are also based on cyberspace. This paper employs a dogmatic-legal approach and also includes a review of the literature. Therefore, qualitative methods related to text content analysis were used.
Prawa autorskie (c) 2025 Dominik Bierecki, Mirosław Karpiuk, Claudio Melchior, Nicola Strizzolo https://creativecommons.org/licenses/by/4.0
W kierunku wspólnej przestrzeni administracyjnej – wpływ dorobku Rady Europy na krajowe systemy prawa
This article analyzes the mechanisms through which the Council of Europe's acquis influences the development of national administrative law systems in Europe and evaluates the process of forming a common European administrative space. The author employed a dogmatic-exegetical method to analyze the Council of Europe's normative documents, a legal functionalism method to identify procedural standards developed by the European Court of Human Rights, and a comparative method enabling comparison of reception and implementation mechanisms in selected Western and Central-Eastern European legal systems. The analysis demonstrated that Council of Europe standards, despite their often non-binding character, effectively shape a common administrative space through two principal mechanisms – judicial reception and direct legislative implementation. A pivotal role is played by Strasbourg jurisprudence, recommendations of the Council of Europe's Committee of Ministers, and opinions of the Venice Commission. In conclusion, the article proposes directions for de lege ferenda reforms of the Polish administrative law system, including constitutional recognition of the right to good administration, digital modernization of procedures, and strengthening guarantees of fair administrative proceedings.
Prawa autorskie (c) 2025 Anna Dąbrowska https://creativecommons.org/licenses/by/4.0
Miejskie plany adaptacji do zmian klimatu w świetle nowelizacji ustawy z dnia 27 kwietnia 2001 r. – Prawo ochrony środowiska
The article analyzes the legal aspects of municipal climate change adaptation plans. In accordance with the Act of 27 November 2024 on the amendment of the Environmental Protection Law and certain other acts, municipal climate change adaptation plans will become an important strategic document adopted by municipalities. Under the amendment to the Environmental Protection Law, municipalities are obligated to adopt municipal climate change adaptation plans for cities with a population of 20,000 or more. The legislator has specified, in particular, the structure and content of the plans, the procedure for their adoption, the method of ensuring public participation in the decision-making process, as well as the means of monitoring and reporting. The introduced regulations constitute a significant element in the reorganization of the role of local self-government in the environmental protection system. However, it is necessary to point out the structural flaws of this solution, including the lack of sanctions for failure to meet the deadlines for adopting the plans.
miejskie plany adaptacji do zmian klimatu
Prawa autorskie (c) 2025 Tomasz Dąbrowski https://creativecommons.org/licenses/by/4.0
Polityka ogłaszania żałoby narodowej w kontekście prawa i zasad savoir-vivre'u: między normami prawnymi a oczekiwaniami społecznymi
The article is an analysis of the phenomenon of national mourning from an interdisciplinary perspective, combining constitutional law, political practice and principles of savoir-vivre. The author attempts to answer questions such as: what formal and informal criteria determine the declaration of national mourning, how social expectations of behaviour during mourning are shaped, and whether political decisions in this regard comply with social and cultural norms. The analysis is based on legislation, case studies and public discourse.
Prawa autorskie (c) 2025 Maria Giryn-Boudy https://creativecommons.org/licenses/by/4.0
Cele klimatyczne w działalności przedsiębiorców publicznych: aspekty prawne
State Treasury sets objectives for the companies it supervises. These can, and should, include economic goals, but also social goals, including environmental ones. This paper points to this possibility, justifies such a need on the basis of European Union law and public climate policies, and indicates the instruments for doing so. The paper begins by defining supervision and the objectives in supervision, taking into account the doctrine of administrative law. It goes on to identify the current regulations on management objectives in public companies and their wording. The next parts of the thesis deal with the role of the environment in European Union policies and law, particularly within the framework of the „European Green Deal”, and the role of the environment in market practices and private financing. The last part of the argument is an analysis of the possibility and legitimacy of including environmental objectives in the corporate governance of public companies in Poland. The whole is ended with conclusions and a list of sources.
Prawa autorskie (c) 2025 Tomasz Bojar-Fijałkowski https://creativecommons.org/licenses/by/4.0
Powrót do prawa powielaczowego? Rzecz o wytycznych Ministra Zdrowia z 30 sierpnia 2024 roku
Abstract According to the 1997 Constitution of the Republic of Poland, legal norms may be established either through an act of universally binding law (which may address anyone) or through an act of internally binding law (which may address only entities organizationally subordinate to the issuing authority). Guidelines cannot contain norms of universally binding law. The detailed regulation of the sources of law in the 1997 Constitution was intended to prevent a return to the situation from the communist era (PRL), when various state bodies, through various informal instruments, effectively created universally binding laws, often modifying statutes – a phenomenon referred to as „mimeograph law”. The guidelines issued by the Minister of Health on 30 August 2024 concerning abortion exhibit many features characteristic of mimeograph law: a lack of legal basis and promulgation; the modification and denial of statutory provisions; and a descriptive formulation (rather than the form of legal provisions). This obscures the normative novelty introduced by the Minister’s guidelines of 30 August 2024.
Prawa autorskie (c) 2025 Krzysztof Szczucki, Marcin Olszówka https://creativecommons.org/licenses/by/4.0
Sprzedaż biometanu po stałej cenie zakupu jako instrument prośrodowiskowej regulacji sektorowej
The authors analyse the changes made to Poland's Renewable Energy Sources Act regarding the support system for biomethane, in relation to the implementation of the RED II Directive and the EU hydrogen and gas decarbonisation package. In the first part of the study, they describe the basis of pro-environmental, sector-specific regulation, particularly in the gas industry, and the potential for using biomethane to decarbonise this sector. They then analyse changes in European policy and legislation relating to biomethane, as set out in the Polish National Energy and Climate Plan. The final section of the paper focuses on the key instrument for supporting biomethane in Poland: the sale of biomethane at a fixed purchase price. In this regard, they analyse the legal framework for this instrument, the procedure for obtaining support, the level of the fixed purchase price, the support period, and the rules for settling accounts with the entity paying the state aid.
prośrodowiskowa regulacja sektorowa w gazownictwie
Prawa autorskie (c) 2025 Eryk Kosiński, Marcin Trupkiewicz https://creativecommons.org/licenses/by/4.0
Bank-Enforceable Title in the system of banking privileges: a study of the institution and its repeal
The bank-enforceable title was one of the most significant banking privileges consisting of the power of banks to issue an enforcement title without trial. The bank-enforceable title was one of the most significant banking privileges consisting of the power of banks to issue an enforcement title without trial. The paper addresses the genesis, function and legal construction of the first and most controversial enforcement privilege in the Third Republic of Poland. The paper also discusses the formation of the discourse on the constitutionality of the bank-enforceable title.
Prawa autorskie (c) 2025 Mirosław Pawełczyk https://creativecommons.org/licenses/by/4.0
Protection of Consumer Rights when Initiating Enforcement Proceedings under a Bank Enforcement Order
The bank enforcement order was one of the most controversial banking privileges. The repeal of this institution due to its contradiction with the Constitution did not definitively end its use. The creditors were entitled to carry out enforcement proceedings under the transitional provisions which requires balancing the principle of protection of pending interests and the protection of the debtor-consumer. This paper addresses the key issues associated with initiating enforcement proceedings against consumers and clarifies any interpretative uncertainties.
Prawa autorskie (c) 2025 Łukasz Hawrylak https://creativecommons.org/licenses/by/4.0
Ramy prawne raportowania ESG w Unii Europejskiej – ewolucja od NFRD do CSRD
The transition to a zero-emission economy and sustainable development requires us to reduce our use of fossil fuels and implement legal and reporting mechanisms that oblige businesses to comply with environmental and social standards. One of the key challenges has become the reporting of non-financial information, including environmental, social and corporate governance (ESG) aspects. Initially, this data was reported in accordance with the 2014 NFRD Directive, which was replaced in 2024 by the CSRD Directive, and further legislative changes regarding non-financial reporting are currently being implemented and planned. This paper presents the evolution of the legal framework for ESG reporting in the European Union, identify differences in reporting obligations under the aforementioned directives; it also highlights problems related to the lack of consistent, uniform, and mandatory ESG reporting standards. Despite the implementation of the CSRD Directive, the paper emphasises that companies still have too much discretion in selecting the information to be reported, which hinders comparability and verification. The analysis confirms that the abundance of data and the qualitative nature of ESG indicators increase interpretative risks and may undermine the objectives of non-financial reporting.
Prawa autorskie (c) 2025 Daria Kostecka-Jurczyk, Katarzyna Marak https://creativecommons.org/licenses/by/4.0