PRAWO i WIĘŹ

The Influence of Roman Public Law on Contemporary Administrative Law

Bronisław Sitek — 2025-05-09

The subject of this study is to present the influence and impact of Roman public and administrative law on contemporary legal-administrative and institutional solutions. The organization of state administration is always flexible, meaning it adapts to changing political or social conditions. However, certain solutions are repetitive, and their legal and organizational structures are based on experiences and solutions which date back to ancient Rome. The research hypothesis is that many modern institutions within the structure of administrative bodies have their roots in institutions that functioned in Ancient Rome. Therefore, I used a descriptive method in the study, which allowed me to present Roman institutions with reference to contemporary solutions. In this respect, the work represents a novel contribution to both Polish and foreign literature. The study may also serve as an inspiration for contemporary administrative scholars to draw on the experiences of ancient states in their research.

Stosunek prawny a relacja prawna

Wojciech Patryas — 2025-05-09

A legal relationship can be understood in this or that way, but it must be based on a legal norm. However, rules are interpretable, and both norms and propositions constitute objects. In contrast to a legal relationship based on a legal norm, a proposition constituting an object is based on a legal connection.

Wątpliwości na tle usytuowania stosunków rodzinnoprawnych w strukturze grup podatkowych w podatku od spadków i darowizn

Mieczysław Goettel — 2025-05-09

The legislator differentiates the assessment of inheritance and gift tax depending on the existence or non-existence of a personal relationship between the acquirer of the property or property right and the person from whom or after whom the acquisition takes place. In this regard, the legislator gives priority to the acquirer who has a legal, family relationship with that person: marriage, kinship, affinity and adoption, placing that acquirer in the first (most privileged) or second tax group. In the context of membership of the above groups, controversies often arise, both in the literature and in practice. These controversies mainly concern spouses who have been legally separated and persons in an adoptive relationship. There are also doubts about the accuracy of the composition of the individual tax groups.

„Rules of the organization” w kontekście zdolności traktatowej organizacji międzynarodowych

Tadeusz Gadkowski — 2025-05-09

The paper deals specifically with the issue of the international legal personality of contemporary international organisations. This legal personality confers on international organisations certain capacities which they can use in their relations with other subjects of international law. Among these capacities, the capacity of international organisations to conclude treaties occupies a particularly prominent place. The author’s hypothesis is that the treaty-making capacity of international organisations derives from general international law, but its application in practice is determined by the principle of speciality. Unlike states, international organisations do not have a general capacity, but their capacity is defined by their statutory functions and objectives. The Vienna Convention of 1986 provides that the capacity of international organisations to enter into treaties is determined by the rules of the organisation. This concept includes first and foremost the constitutive instruments, but also decisions and resolutions adopted in accordance with them, as well as the established practice of international organisations.

Legislacja delegowana w czasie epidemii. Uwagi na tle kształtu konstytucyjnego systemu źródeł prawa w Polsce

Aleksandra Syryt — 2025-05-09

The pandemic revealed problems in the construction of the system of sources of law in Poland, especially in the area of public administration law. It turned out that the model of the system of sources of law established more than 27 years ago, although based on good assumptions, does not take into account the dynamics of phenomena, including possible threats, and is not adequate for the tasks entrusted to the executive. It can, in certain circumstances, limit the capacity of the public administration to act and even render it dysfunctional in the face of threats. As such, it may be seen as an inadequate guarantee for the protection of individual freedoms and constitutional rights. It may also raise questions from the point of view of the realisation of the common good and the objectives of the state. In this context, it is legitimate to consider extending, at the constitutional level, the sources of generally applicable law established by the administration. The purpose of this paper is to examine whether the model of the system of sources of law adopted in 1997, particularly with regard to the relationship between the law and sub-statutory acts, is adequate to the needs of the administration, including the need to respond to sudden, undesirable and dangerous phenomena. An attempt will be made to answer these questions on the basis of legislative experience during the pandemic.

Ochrona polskich grobów i cmentarzy na terytorium Uzbekistanu w świetle dwustronnych regulacji traktatowych

Wojciech Staszewski — 2025-05-09

The protection of graves and cemeteries as places of burial is an essential element of the care of the national heritage and an expression of the formation of the national memory. Therefore, efforts to commemorate and protect the graves of Poles buried outside Poland are extremely important. Uzbekistan has numerous burial sites of Polish soldiers and civilians, as many military units of the emerging Polish army in the USSR were stationed there. This paper lists and analyses bilateral treaty provisions relating to cooperation in the protection of graves and cemeteries. It examines whether international agreements between Poland and Uzbekistan have provided a formal basis for such cooperation, and how this cooperation is carried out.

Między intencjonalnością a zamiarem. Filozoficzne reminiscencje w prawie karnym

Joanna Brzezińska — 2025-05-09

The main premise of this paper was to determine whether the elements of intent, as established in criminal law and accompanying the perpetrator of a crime, can be traced back to the philosophical phenomenon of intentionality. For this purpose, the essence of intentionality was first defined, taking into account the properties that this phenomenon integrates on a philosophical level. Next, the essence of intentionality was characterized by identifying the dimensions that manifest in its construction (the intellectual and volitional dimensions) from the perspective of criminal law. The final part of the study compared the elements and characteristics of the structures studied. On the basis of this comparison, it was shown that the structure of intentionality, as described by philosophers, is reflected in the structure of intention in criminal law. The paper also identifies the characteristics that differentiate the structures studied.

Examining the Possibility of Transition from the Accusatorial to Inquisitorial Model of Trial in the Present Criminal Justice System

Mohammad Owais Farooqui — 2025-05-09

The criminal justice system plays an important role in any society governed by the rule of law. It basically emphasises on the safety and security of an individual and the society as a whole. Two models of criminal justice system i.e., an accusatorial and inquisitional model are followed across the globe. The inquisitional system has its origin in continental law countries such as Italy, France, Germany etc. while the accusatorial system has its roots in England and other common law countries. India, being a common law country, generally follows the accusatorial model of criminal justice system but in exceptional cases some elements of the inquisitional model have also been adopted through the process of legislation and judicial rulings. The present paper examines the applicability of both models in the exiting criminal justice system. Considering the present scenario and the challenges faced by our country, the author would also like to examine the possibility of tilting towards the inquisitional system to overcome such challenges.

Błąd pełnomocnika, prokuratora i pracownika sekretariatu jako niemożność przywrócenia terminu zawitego w procedurze karnej a standardy konstytucyjne

Marta Kolendowska-Matejczuk — 2025-05-09

The paper discusses issues related to the interpretation of the premise of „reasons beyond the control of a party” contained in Article 126 § 1 of the Code of Criminal Procedure, which regulates the institution of the reinstated time limit in the context of criminal procedure. The analysis of the interpretation of the above-mentioned provision was confronted with constitutional standards, and the conclusions developed in this publication indicate the inconsistency of Art. 126 § 1 of the Code of Criminal Procedure with the Constitution and postulate its pro-constitutional interpretation.

A Comparative Prospective on the Individualization of Criminal Sentencing

Iv Rokaj — 2025-05-09

The purpose of this paper is intended to make a theoretical and practical analysis of mitigating and aggravating circumstances in criminal law, their importance in relation to the principle of individualization of punishment as well as their importance in relation to determining the right criminal sentencing. This analysis is based on a mixed methodology, including descriptive, analytical and comparative methods by using doctrines, legislation and practice of Albanian and foreign courts as a source of data. The paper also aims to highlight the real problems related to the understanding of the theoretical importance of mitigating and aggravating circumstances and also their implementation by the Albanian courts. The main focus is on proposing a practical and unified solution to the applicability of these circumstances, taking the lead from foreign jurisdictions, primarely based on common law systems. Specifically, this paper proposes the creation of a unified methodology for the practical implementation of mitigating and aggravating circumstances in the Albanian legislation as a guide for the Albanian courts.

Osoba w spektrum autyzmu jako pokrzywdzony w polskim procesie karnym. Czy jest to proces równych szans w aspekcie standardów strasburskich?

Marcin Sowała — 2025-05-09

The aim of the paper is to analyse the extent to which the rules of criminal procedure allow for equal opportunities for victims of autism spectrum disorder in the course of Polish criminal proceedings, in order to implement the Strasbourg standards. In his publication, the author presents the special needs of people on the autism spectrum. Due to their disability, these people can exercise their right to go to court, provided that they are provided with appropriate procedural solutions. The author then outlined the Strasbourg standards defined by the European Court of Human Rights in its judgments on the right to a court. The analysis shows that the Court recommends the introduction of specific mechanisms to enable each person to actually benefit from the criminal justice system. A detailed analysis was then carried out of the Polish criminal procedure rules, which can equalise opportunities for victims on the autism spectrum to access criminal proceedings. The analysis was based mainly on the new provision, Article 185e of the Code of Criminal Procedure. The author drew specific scientific conclusions from the analysis. First of all, it was noted that certain mechanisms have recently been introduced, thanks to which an autistic person, as an aggrieved party, has a greater influence on the course of his or her case. However, there are still some shortcomings that need to be addressed. The author has therefore formulated some de lege ferenda postulates.

Rights of Prisoners During Incarceration. A case study of Vietnam

THI HANH BUI — 2025-05-09

Vietnam’s Decree No. 40/2019/ND-CP on the Implementation of the Law on the Execution of Criminal Sentences provides a solid legal basis to protect the fundamental rights of prisoners, regardless of life imprisonment or imprisonment for more than five years, which restricts freedom of movement and residence. These rights include the right to food, clothing, shelter, medical care, education, work, leisure and recreation, as well as provisions for women prisoners. This law maintains that prisoners are still human beings and citizens, and as such should be granted rights similar to those of free citizens, but based on their status as prisoners. However, there are serious limitations to the effective implementation of these rights that prisoners often face. Therefore, the purpose of this study is to determine the unhindered rights of prisoners during their imprisonment, to compare the current legislation and practice regarding prisoners, and moreover, to promote recommendations for amending and supplementing the 2019 law to protect the rights of prisoners during their imprisonment.

Freedom of Association in Vietnam: The Journey, Challenges, and Prospects for Legal Reform

Minh Cao Vu — 2025-05-09

Vietnam has long upheld the right to freedom of association in its constitutions, reflecting a commitment to fundamental human rights in line with international conventions. However, the country’s current legal framework (rooted in the 1957 Order No. 102) remains outdated, restricting civil society’s potential and falling short of modern needs. This article examines the intricate path toward establishing a comprehensive law on freedom of association, focusing on balancing state oversight and individual liberties. The article advocates for a progressive legal framework, emphasizing the need for reforms to nurture a vibrant civil society, positioning it as an ally in national development rather than a challenge to state authority. Such a law would enhance Vietnam’s global reputation, support sustainable development, and encourage a more dynamic, democratic society. This study adds meaningful insights to Vietnamese legal scholarship, offering actionable recommendations for policymakers and reaffirming Vietnam’s commitment to harmonizing its legal landscape with national ambitions and global human rights standards.

Kolejny oksymoron czy nowa perspektywa dla rodzinnego / rodzimego biznesu?

Andrzej Herbet — 2025-05-09

A family foundation is a new type of legal entity introduced in Poland by the Act of 26 January 2023 and modelled on the institutions of the private foundation, the enterprise foundation or the trust known in many foreign jurisdictions. It enables the achievement of a number of important economic goals, with succession planning and asset protection at the leading edge, but at the same time, it is subject to doctrinal criticism, primarily in terms of systemic and structural consistency, adequacy of nomenclature and possible field of application, as well as the adopted method of regulation. The purpose of this paper is to verify these objections.

Exploring the Cross-Border Insolvency Laws: A Comparative Study of India and International Perspectives

Madhusmita Ronghangpi — 2025-05-09

Cross-border insolvency involves complex legal challenges that arise when a debtor's assets and liabilities span multiple jurisdictions. The lack of a comprehensive law to deal with such beyond-borders disputes in insolvency can have an undesirable impact on the enterprise, local or foreign creditors, recognition of law or jurisdictions, enforcement of foreign decisions, and many more. In the global context, the United Nations has adopted the Model Law on Cross-Border Insolvency (MLCBI) which has been implemented by various nations like, the United States, the United Kingdom, the Republic of Korea, Japan, Poland, etc. in their domestic laws to create uniformity in administering cross-border insolvency proceedings. This is a guiding document to resolve the legal complexities in cross-border insolvency to the adoptive countries, such as, conflict of laws, determination of assets of debtors, determination of main proceedings, relief provisions and many more. In India, Cross-Border Insolvency proceedings are initiated under the Insolvency and Bankruptcy Code (IBC), 2016. This paper highlights the MLCBI from an Indian Perspective with reference to the IBC, as India’s regulatory framework for cross-border insolvency. Additionally, the paper examines the paradigm shift after the implementation of this MLCBI in the Indian Insolvency Framework in the IBC concerning the proceedings in resolving such international insolvency cases in India. This paper will contribute to how countries like the other countries that have implemented the MLCBI in their legal realm while handling such transnational insolvency disputes.

Legal Effects and Administration of Bank Acquisitions in Jordan: A Review of the Literature

Mueen Alshunnaq — 2025-05-09

Bank mergers and acquisitions (M&A) have become increasingly common in the financial services industry as banks seek to expand, diversify, and increase efficiency. These transactions have significant legal implications that must be navigated by both the acquiring and target banks. The legal effects of bank acquisitions span the entire transaction lifecycle. This paper provides a comprehensive overview of the key legal considerations involved. It begins by examining the regulatory approval processes and antitrust frameworks that govern bank M&A. The paper then looks at the legal steps of executing a bank acquisition, such as shareholder approvals, asset/liability transfers, and employee benefits. The discussion then shifts to the post-merger integration phase, highlighting the legal challenges that arise as the two organizations harmonize operations, compliance, and business models. The paper also explores potential litigation risks, including shareholder lawsuits or disputes with customers and vendors. Finally, the paper considers the longer-term legal impacts of bank acquisitions, including their effects on market competition, regulatory oversight, and the broader financial services landscape. Understanding these multifaceted legal dynamics is crucial for bank executives, legal counsel, and regulators to assess the viability and strategic implications of potential bank M&A activity.

Interes spółki a koncepcja ESG – dokąd zmierzamy?

Krzysztof Olszak — 2025-05-09

The aim of this paper is to critically analyze the increasingly widely promoted concept of ESG (Environmental, Social, Governance), which is so far missing in Polish conditions, particularly in the context of the concept of the company’s interest. In the paper, we would like to present selected issues, which, in our opinion, are particularly crucial from the perspective of the practice of applying the law and managing companies, especially large public corporations, mostly those listed on the stock exchange. We share our observations as corporate law theorists and practitioners who advise commercial law companies on a daily basis in Poland and abroad, including in countries belonging to more distant cultural circles.

Artificial Intelligence in e-Administration

Dominik Bierecki — 2025-05-09

Nowadays, the influence exerted by artificial intelligence on many spheres of human life has been steadily on the rise. It is a tool that e-Administration can – or should – use in its activities. However, caution must be exercised when using artificial intelligence systems, as their inappropriate use can lead to several threats, including data leakage or infection of the ICT systems through which the public administration provides its services to society or other entities (including entrepreneurs). Artificial intelligence is both a challenge and a necessity for public administration. With the development of new technologies, it must use modern tools to meet society’s constantly evolving needs. Digitisation is now a widespread phenomenon, so meeting the needs of an information society forces public administration to look for new solutions, of which artificial intelligence is certainly one of these. The dogmatic-legal and theoretical-legal methods were employed to address the issues dealt with in the paper, which aims to analyse the need for e-Administration to use artificial intelligence. These methods have made it possible to review and analyse the applicable regulations and doctrinal views on the use of artificial intelligence systems by the public administration in the course of performing certain activities in cyberspace.

Analiza ryzyka dokonywana na podstawie konwencji ramowej Rady Europy o sztucznej inteligencji na przykładzie zastosowań w sektorze prawnym

Zbigniew Więckowski — 2025-05-09

The development of AI poses both opportunities and threats to human rights, democracy and the rule of law. In response to these challenges, the Council of Europe drafted the Framework Convention on Artificial Intelligence to establish a general legal framework for the use of AI. The Convention's main principles include the requirement for risk assessment, the introduction of security measures, and liability for harm caused by AI. In the context of the legal sector, AI is being used, among other things, to analyze legal documents, automate routine tasks, predict the outcome of court cases, and create legal aid systems. However, the use of AI in the law raises challenges, such as the risk of bias, discrimination, invasion of privacy, and threats to the right to a fair trial. The AI Framework Convention emphasizes the need for compliance with human rights, as well as protection against the undesirable consequences of using AI in the administration of justice. HUDERIA (Human Rights, Democracy and Rule of Law Impact Assessment) is the Council of Europe's proposed "tool" for assessing the impact of AI on human rights, democracy and the rule of law, which plays a key role in ensuring AI's compliance with fundamental principles of justice.

Sztuczna inteligencja a usprawnienie postępowania przed sądami administracyjnymi. Kilka refleksji na tle doświadczeń wybranych systemów prawnych

Michał Kowalski — 2025-05-09

The study attempts to present the potential impact of artificial intelligence algorithms on streamlining administrative court procedures in the near future. The main objective of the study is to examine which areas of administrative court operations could be supported or replaced by computer programs in the future, in order to relieve the administrative staff, assistant corps and judicial staff of the tasks they currently perform. The replacement of highly qualified court officials in the simplest, repetitive and time-consuming activities related to the initiation, conduct and conclusion of proceedings before an administrative court, and the performance of numerous activities supporting or supplementing the judicial process, such as the determination of formalities, the sending of correspondence or the anonymisation of the reasons for judgments issued by the court, may in the future free up space for people working in the court. Consequently, at least in principle, this should contribute to the streamlining of administrative court proceedings in Poland. The answer to this question will be supplemented by an examination of the current experience of several legal systems which, in my opinion, are experimenting the most with the use of artificial intelligence in the judiciary or are introducing pilot programmes.

Threads and Tech: From Runway Sass to Smart Class — Pierre Bourdieu’s Concept of Capital Revisited

Marlena Jankowska — 2025-05-09

This paper delves into the convergence of fashion and technology, commonly referred to as “fashtech,” through the analytical framework of Pierre Bourdieu’s concept of capital. As the fashion industry embraces technological advancements – from smart textiles and wearable devices to digital platforms and artificial intelligence – the traditional forms of capital outlined by Bourdieu (economic, cultural, social, and symbolic) undergo significant transformation and redefinition. By revisiting Bourdieu’s theories, the study examines how fashtech not only reshapes the distribution and accumulation of these capitals but also creates new avenues for their enhancement and expression. For instance, technological innovations enhance cultural capital by enabling innovative design and creative expression, while digital networking platforms expand social capital through enhanced connectivity and influencer ecosystems. Additionally, the integration of technology elevates symbolic capital by redefining brand prestige and consumer identity in a digitally-driven marketplace. Furthermore, the study considers the role of intellectual property (IP), highlighting how IP introduces complexities that are not entirely encompassed by Bourdieu’s traditional framework of capital. This analysis highlights the intricate ways in which fashtech influences and is influenced by the various forms of capital, offering a comprehensive understanding of power dynamics and status within the modern fashion landscape. Ultimately, the paper contributes to both fashion studies and sociological theory by demonstrating the enduring relevance of Bourdieu’s concepts in interpreting the ongoing evolution of the fashion industry in the digital age.

O uprawnieniu wspólnoty mieszkaniowej do sprzedaży lokalu jej członka (art. 16 ustawy o własności lokali)

Ireneusz Kunicki — 2025-05-09

This paper discusses the issue of the right of a housing community to sell its member's premises, regulated in Article 16 of the Act on ownership of premises. It begins by presenting the views of scholars on the legal nature of this right. This is followed by a critical analysis of these views. The further part of the paper discusses the scope of the community's powers and its legal nature. In particular, the issue of the community's procedural legitimacy was raised. The considerations contained in the final part of the paper lead to the conclusion that the community's right provided for in Article 16 u.w.l. it is a subjective shaping law.

Wpływ tymczasowej ochrony zabytku nieruchomego na możliwość podjęcia i prowadzenia robót budowlanych

Aleksander Maziarz — 2025-05-09

The paper analyzes the institution of temporary conservation protection of immovable monuments regulated in Article 10a of the Act on the Protection and Care of Monuments in the context of the possibility of undertaking and carrying out construction works. The primary goal of the publication is to determine whether subjecting a monument to temporary conservation protection will constitute an obstacle to the decision to issue a building permit by the architectural and construction authority. The research primarily focused on the substantive scope of the aforementioned provision, as well as the issue of the period for which temporary conservation protection may be established.

Zasada pogłębiania zaufania obywateli do administracji publicznej jako fundament postępowania administracyjnego

Joanna Smarż — 2025-05-09

The principle of increasing confidence is considered by both doctrine and case law as a legal norm applicable to the entire field of administrative law. It is particularly important in the relationship between the administrative body and the individual (as the subject of administration) in the application of substantive law, i.e. in administrative proceedings. Uniformity and predictability of decisions are also important for building trust in public administration. This principle was explicitly articulated in the newly added § 2 of Article 8 of the Code of Administrative Procedure as part of the major amendment of the Code in 2017. As rightly recognised by the legislator, unjustified changes in the administrative authority's position undermine the confidence of the parties to proceedings in the public authority.

Problematyka oznaczania wytworów generatywnej sztucznej inteligencji w świetle polskiej ustawy o zwalczaniu nieuczciwej konkurencji

Katarzyna Jasińska — 2025-05-09

The paper is devoted to the issue of marking the products of generative artificial intelligence in the light of the Polish Act on Combating Unfair Competition. The possibility of qualifying the fact of concealing the creation of a given product/provision of a given service as a result of the exclusive action of AI or its cooperation with a human, as well as attributing the „authorship” of such a product to a human, as one of the torts of unfair competition, under Article 10 and Article 3, paragraph 1 of the Act on Combating Unfair Competition, has been analyzed. In the context of Article 10, the issue of not only misleading marking but also misleading lack of marking of goods/services was analysed.

Wpływ generatywnej sztucznej inteligencji na ocenę nowości wynalazku

Iga Bałos — 2025-05-09

Novelty is one of the requirements for patentability. Its examination has recently become more challenging due to the availability of GenAI tools. AI is being used to draft patent applications to assist in prior art searches, and it is generating large numbers of disclosures that may have been generated without any human input. This raises the question of their eligibility as prior art. Consideration of this issue was prompted by the United States Patent and Trademark Office (USPTO), which sought public comment on, among other things, the impact of the proliferation of artificial intelligence (AI) on prior art. The purpose of this paper is to provide an overview of the problems identified by the USPTO and to present certain propositions from the selected submissions. As the paper shows, the observations made on the basis of US patent law are also valid for other patent systems, including the Polish one. Another interesting issue, which was not covered by the public consultations in question but which is addressed in the article, is the question of how the use of an unpublished patent application as a ChatGPT prompt affects novelty and disclosure.

Wybrane wyzwania prawne i organizacyjne związane z wdrażaniem systemów AI w działalności samorządów terytorialnych

Kamil Szpyt — 2025-05-09

The paper examines the challenges of implementing artificial intelligence (AI) systems in local government units (LGUs). The authors discuss key legal and organizational issues, focusing on the potential benefits and risks of implementing AI systems. Particular attention is paid to the AI Act, its impact on LGU’s operations, and challenges such as data protection and high implementation costs. The authors emphasize that artificial intelligence has the potential to revolutionize TSU operations but requires adequate preparation, resources and a legislative framework.

Pozostałości prawa religijnego we współczesnym prawie

Michał Najman — 2025-05-09

Religion and law mutually interpenetrated and influenced each other both in the early stages of the formation of society and in the further processes of its development. It is impossible to say clearly which of them developed earlier, or which had a greater influence on the contemporary form of the other. At present, the relationship between law and religion is rarely discussed. The dominant view proclaiming the secularization of law, while undoubtedly justified, seems to overlook the religious origins of many contemporary purportedly secular lega institutions, such as the principle of equality before the law, social policy, parental authority or posthumous protection of personal rights. It seems that departing from the religious justification of legal institutions is the right solution, which push legal sciences to seek explanations of the functioning of legal institutions. The aim of this paper is to show that law and religion mutually interpenetrated during the period of creation of their final forms, which resulted in the popularization of legal institutions derived from religious norms. This facilitates the creation (or denotation) of legally protected values and the search for their scientific (non-religious) foundations.

The Formation and Development Process of Vietnam Law on Copyrights for Musical Works

Vo Trung Hau — 2025-05-09

The paper reviews and evaluates the process of formation and development of Vietnamese law on copyright for musical works based on the experience of international treaties and the laws of other countries in the region and worldwide. From there, several appropriate legal policy recommendations were developed to improve Vietnamese copyright law for musical works. Recommendations include: (i) Have a planning strategy and long-term plan for building and perfecting Vietnamese law on copyright for musical works; (ii) it is necessary to expand the scope for many organizations and centers with legal functions such as bar associations, bar associations, and other legal service organizations to carry out copyright protection for musical works; (iii) it is necessary to disseminate and deploy working methods, contact competent agencies and organizations when musicians discover that their musical works are being infringed, and to inform businesses and individuals working in the field of art in particular and in the community in general about the importance of ensuring copyright for musical works; (iv) Flexibly combine copyright protection with other forms of online protection.

Konflikty cywilizacyjne a prawa człowieka. Wybrane aspekty problematyki

Dorota Ferenc-Kopec — 2025-05-09

This paper examines the impact of civilizational conflicts on human rights, focusing on the growing cultural and religious diversity in the era of globalization. It examines how the clash of different value systems, legal norms, and social practices leads to tensions and human rights violations. The challenges that universal human rights standards face when they encounter resistance from local legal systems, often based on traditional and conservative values, are highlighted. The problem of cultural relativism as a potential obstacle to the implementation of these standards is also discussed. The changing role of culture and religion in the contemporary world is analysed, as is the complexity of clashes of civilisations and the need to consider them in a wider political, historical and economic context.

The Conclusion of an International Agreement by the Holy See

Agnieszka Romanko — 2025-05-09

The concordat is an international, bilateral agreement concluded between the supreme authorities of a State and the Catholic Church (represented by the Apostolic See) on the basis of a partnership between the parties. In practice, apart from the term ‘concordat’, other terms, such as ‘convention’ or ‘treaty’, are used to designate the international agreement to which the situation of the Catholic Church on the territory of a particular state is the object. In the procedure for concordat conclusion, the Holy See applies not only the relevant regulations stipulated in international law (especially the Vienna Convention on the Law of Treaties), but the Catholic Church’s own law (the 1983 Code of Canon Law). Therefore, the procedure for concluding a concordat can be divided into the following stages: 1) the granting of full authority to negotiate and adopt the text of an international agreement and to conduct negotiations; 2) the authentication of the text and the initialling of the international agreement; 3) the signing, ratification and exchange of ratification documents; 4) the promulgation and entry into force of an international agreement.

The EU Court of Justice in the Process of European Construction and Integration

Viktoriia Piddubna — 2025-05-09

The paper is devoted to the evolution of the role and place of the Court of Justice in the process of European integration. The author analyses the relationship between the development of primary European legislation, starting with the Treaty of Paris, and the current stage, following the Treaty of Lisbon. The relevant provisions of the founding treaties and the achievements of the case law at each stage and their impact on integration are examined. Their implications for the shaping of trends in the further development of the activity of the CJEU in the context of the current and upcoming challenges are identified.

NATO Collaborative Practices: Political and Legal Regulation

Anastasiia Sychova — 2025-05-09

This paper focuses on the dynamics of cooperative partnerships in the military and defence sector based on NATO’s strategic documents against the background of the rethinking of the global and regional security architecture, increasing hybrid threats and the trend towards strategic autonomy of national subjects. The author proposes examples of cooperative partnerships that represent the transition from multilateralism and multilateral international structures to minilateralism or multi-minilateralism by concluding bilateral agreements in the chosen vector. Ukraine is considered as an alternative model of a regional security platform through coalitions and the signing of agreements in the security dimension.

Instytucja „przestępstwa wojskowego” – uwagi de lege ferenda

Agata Ziółkowska — 2025-05-09

This paper attempts to justify the concept of the need to introduce a normative definition of the concept of „military crime” into the current Penal Code of 1997. It should be noted that since January 1, 1970 (i.e. since the entry into force of the previously applicable code regulation - i.e. the Penal Code of 1969) continuously until today, the concept of „military crime” has been used in the broadly understood Polish criminal law system (nor its legal definition) does not formally exist. In other words, it was not decreed in the text of the Penal Code of 1969 nor under the legal solutions adopted in the Penal Code of 1997. This is an incomprehensible practice, especially when one takes into account the arguments of a historical, systemic, functional-doctrinal and international nature presented in this paper, which directly support the validity of the reported de lege ferenda task of introducing a normative definition into the code regulations the concept of „military crime”. The implementation of this task will undoubtedly contribute to filling the current legal gap and will also contribute to the (symbolic, but still) systematisation of the institutions of military criminal law and their harmonisation with the provisions of international legal instruments.

The Obligation to Provide Safe and Healthy Working Conditions as Defined in Art. 207 § 2 of the Labour Code. Guidelines of Labour Law Literature and Current Challenges. Outline of the Problem

Maciej Jarota — 2025-05-09

Ensuring safe and healthy working conditions is one of the employer's most important responsibilities. This can be achieved by adopting appropriate procedures, providing employees with personal hygiene products, working with trade unions to develop health and safety policies, or providing appropriate training. In order to take appropriate measures to improve the health of workers, the risk at the workplace must be assessed. It is influenced both by elements already known about the work process, such as the mechanisation of this process, and by new factors present in the workplace. In particular, digitalisation, algorithmisation of the work process using artificial intelligence systems or nanotechnology. How should the employer realistically operate in the Polish legal reality? The conclusion is that scientific and technological achievements should be used. In this respect, however, it is problematic to determine on what basis employers should acquire their knowledge in this area. It is not a question of analysing all the scientific publications available, even those that do not have an impact on the assessment of risks in the working environment, but of a rational approach that takes into account the state of scientific knowledge in relation to new challenges in the field of health and safety at work. It is the responsibility of the employer to adapt the organisation of work and the personal and collective protective equipment to the new risks in the workplace and to inform the workers about them.

Zakaz powtarzania treści art. 15 ustawy o ochotniczych strażach pożarnych w uchwałach ekwiwalentowych

Dariusz Kała — 2025-05-09

The gloss concerns the Act on voluntary fire brigades, which is located in the area of fire protection law. The considerations undertaken in the study focus on the decision of the Supreme Administrative Court concerning the resolution on the amount of the cash equivalent for firefighters of voluntary fire brigades for participation in rescue operations and actions, training and exercises. The publication criticises the court’s thesis regarding the content of the equivalence resolution. The NSA wrongly allows for the possibility of repeating the content of Article 15 of the Act on Volunteer Fire Brigades in the equivalence resolution. The above-mentioned problems are also related to the issue of § 137 of the Rules of Legislative Technique presented in the publication.

Ewolucja zasad zadośćuczynienia w polskim prawie cywilnym

Kinga Mozgiel-Wiecha — 2025-05-09

The paper presents the evolution of the principles of reparation by referring to its origins, which still date back to Roman law. The process of implementation of the rules indicated by Roman law and German law is presented. Then, the evolution of the principles of compensation in Polish civil law from the early Polish legislation through the period of partitions, the years of World War I and World War II, to the present legislation is presented. The core of the paper is a consideration of the evolution and perception of the principles of compensation over the years. It indicated how Polish legislation has drawn on and modelled itself on other European legislation, creating its own legislation. The paper also indicated how the perception of redress by the greatest representatives of European jurisprudence has changed. Referring to modern times, the provisions of Article 445, Article 446 § 4, and Article 448 of the Civil Code were analysed. In particular, it shows the most recent jurisprudence on compensation for the death of a loved one, a provision that is currently widely commented on in doctrine and jurisprudence. Financial compensation in the light of the rules of Article 446 § 4 is still not well established, and increasing inflation directly affects the amount of compensation awarded for the death of a close relative.