Tom 55, Nr 2Prawo i Więź nr 2 (55) 2025

This paper explores the continent’s identity through four foundational pillars - logos, ethos, polis, and ius - that have shaped both European and Western civilization. Amidst the richness of its diversity, Christianity, understood as a historical and cultural cornerstone rather than a confessional framework, emerges as a potential unifying force. However, as the European Union shifts towards an economistic and procedural approach, prioritizing regulations over deeper philosophical foundations, its claim to be a "union of values" risks becoming merely declarative. In this context, reconsidering the nature of European unity becomes essential. Rather than seeking homogenization or a superficial consensus, Europe’s identity should embrace the paradox of unity in diversity - an intricate interplay of cultural, historical, and moral traditions that fosters dynamism and innovation. Moreover, the course of EU integration, whether in a federal or alternative form, has profound implications not only for Europe itself, but also for the wider Western world and its moral and political foundations.

The purpose of this paper is to highlight the role of the Federal Constitutional Court in defining the concept of local self-government in the Federal Republic of Germany. The reflection covers the process of the formation of the constitutional judiciary in Germany since the 19th century onwards, the role of the Federal Constitutional Court as guardia the constitutional order in Germany and the case law of the Federal Constitutional Court in defining local self-government.

One of the main problems of the judiciary in recent years has been the issue of its legitimacy. The changes that have taken place in Poland, among other countries, have renewed the discussion on the system of judicial appointment, the possible participation of representatives of authorities other than the judiciary in the relevant procedures, or – consequently – the discussion on the status of judges appointed with the participation of the non-judicial community. One of the countries where judges do not, in principle, play a decisive role in judicial appointment procedures is Spain. The Spanish legal system emphasises the important links between the judiciary and the will of the nation, pointing to the need to provide judges with so-called democratic legitimacy. Therefore, the author looks at the Spanish system and tries to answer questions about the relevance of the concept of democratic legitimacy of the judiciary for the functioning of the Spanish legal system. The analysis is based on traditional scientific methods used in legal studies, which aim, among other things, to examine the consequences of transferring Spanish standards to the Polish context

Teoria racjonalnego prawodawcy zakłada normatywność tekstu prawnego. W praktyce przebiera to jednak specyficzną konkretyzację: o normatywnym charakterze sensu stricto części zasadniczej (artykułowanej) aktu normatywnego oraz o nienormatywnym charakterze sensu stricto części niezasadniczej (nieartykułowanej) aktu normatywnego. Autor przedstawia szereg argumentów teoretycznoprawnych, legislacyjnych oraz konstytucyjnych zmuszających do modyfikacji tego założenia. Cały tekst prawny ma charakter normatywny. Modelowo wyraża się to w normatywności sensu stricto. A więc każda część tekstu prawnego może i wysłowia normy generalno-abstrakcyjne. Dotyczy to tak części zasadniczej, jak i części niezasadniczej, w tym wstępu czy załączników. Dlatego możemy mówić o domniemaniu normatywności sensu stricto całego tekstu prawnego. Jest to jednak domniemanie możliwe do uchylenia.

A well-functioning local self-government provides the greatest scope - given the proximity of its members to their elected representatives and the proximity of both groups to the issues - for the realisation of its members' political rights and their ideas about the governance of the area. In many ways, local governments are "laboratories" of the representative system and democracy. They provide direct opportunities for the expression of different views and positions. If the legal system of a country allows for direct instruments of democracy at the local level, as in the Czech Republic, then there is room for a direct conflict between the interests and intentions promoted by elected representatives and the ideas of their constituents. The result can be a legal problem as to which decision is legally preferable, especially if the decision of the elected bodies is enshrined in a binding legal contract. This question has arisen repeatedly in the Czech Republic, until the Constitutional Court of the Czech Republic ruled in a series of decisions that there is no such thing as a "perpetual contract" and that a concluded contract cannot be an obstacle to holding a local referendum.

The aim of the research is to evaluate the provisions on trust in the Constitution of the Republic of Poland and in local government. The vote of confidence, as an instrument of control, has been in local government since 2019. Despite the use of the same names of institutions with specific combined features, a vote of confidence in relation to is not the same as a vote of confidence in regard to existing devices in local government. It is a different institution with different applications and legal effects. The practice of using a vote of confidence in local government units states that this institution is mandatory.

The subject of legal personality is interesting not only from the perspective of legal practice. The concepts developed in the theoretical-legal literature on the nature of legal persons contain numerous elements from epistemology and metaphysics. This makes it possible to examine the influences of philosophy on the legal sciences and to classify certain theories according to non-legal criteria. This paper analyses the fictitious theory of legal personality in terms of its possible hypostasis. The discussion is conducted from the perspective of the position of moderate philosophical realism.

This study addresses the problem of the optimal strategy for protecting (a) private interest and (b) public interest in the event of insolvency of a cooperative savings and credit union. According to the available data, the collection of loan claims by trustees of bankrupt credit unions is relatively high. Therefore, the economic effectiveness of bankruptcy proceedings conducted against credit unions in Poland may indicate that it is premature to choose the bankruptcy path.

The purpose of this study is to assess the effectiveness of current insurance regulation in Indonesia and to propose legislative reforms to improve policyholder protection and prevent fraudulent practices within the industry. The research focuses on identifying regulatory weaknesses that allow fraud and mismanagement to persist, using the AJB Bumiputera 1912 case as a primary example. A legal-normative approach was adopted, analysing insurance-related legislation, court decisions and regulatory frameworks in comparison with those of other countries. Secondary data was collected from legal sources, reports from the Financial Services Authority (OJK) and the Financial Transaction Reports and Analysis Centre (PPATK), and existing literature on insurance fraud and regulatory oversight.

This paper addresses the challenges of recovering digital assets (particularly cryptocurrencies) in civil enforcement proceedings, highlighting the unique legal issues raised by their intangible and decentralised nature. Traditional legal norms designed for tangible assets often fail to address these complexities, leading to difficulties in enforcing judgments involving digital assets. The paper examines the evolving legal landscape, including recent case law that examines the status of digital assets as objects of property rights. It also identifies key legal gaps and proposes solutions to ensure efficient enforcement procedures, with a particular focus on the recovery of cryptocurrencies. The study draws on comparative legal analysis and emerging regulatory trends to provide a comprehensive overview of potential reforms needed to adapt to the digital asset environment.

Contracts have been used for about two and a half thousand years. The structure, functions and objectives of contracts change with the evolution of society and their economy. Currently, in an increasingly digital environment, the contract is also becoming more digital (algorithmized). One of the manifestations of the ongoing changes in contracts is the emergence and intensive development of adhesion contracts, concluded using new technological solutions (smart contracts, contracts created by algorithms) and using the law of other countries. Currently, Contracts no longer have their important self-regulatory and protective function. They do not provide private entities with the independent possibility of regulating their own life matters. They do not fully protect modern consumers against the arbitrary use of the economic power of the stronger party to the contract - entrepreneurs. Furthermore, algorithmized transactions based on smart contracts may in the future lead to the replacement of the classical-positivist model of the contract with a digital model.

The aim of this paper is to try to determine whether and to what extent selected agricultural legislation in Switzerland on issues such as the transfer of agricultural land, tenancy and agricultural financing takes into account the challenges of such aspects as running a stable agricultural business, protecting the environment and adapting to climate change. It is also worth considering which, if any, of the Swiss solutions to the above-mentioned issues could be used by the Polish legislator. The paper first focuses on agriculture and food security in the Swiss Constitution. Then, the Federal Law on Agriculture of 2 April 1998 is considered in more detail. This key Swiss agricultural legislation introduces instruments for the implementation of agricultural policy development. The paper then focuses on the Federal Law on the Right to Agricultural Land of 4 October 1991 (Bundesgesetz über das bäuerliche Bodenrecht), which imposes extensive restrictions on agricultural real estate transactions. The article also discusses the right of pre-emption of agricultural real estate, the inheritance of agricultural land and farms, the leasing of agricultural land, the financing of agricultural activities, and animal husbandry in Switzerland.

The aggrieved party who has not joined the court proceedings as a party has only the rights that the provisions of the Code of Criminal Procedure expressly grant him or her and is referred to as a quasi-party. One of these rights is the possibility for the aggrieved party to participate in the main trial. As a result of the entry into force of the Act on interest rate subsidies for bank loans granted to provide financial liquidity to entrepreneurs affected by the effects of COVID-19 and the amendment of certain other acts, provisions regulating the right to participate in the main trial using technical devices enabling remote participation with simultaneous direct transmission of image and sound. The aim of the article is to answer the question whether the currently applicable regulations fully allow the aggrieved party the opportunity to participate in the main trial remotely and whether the position of the aggrieved party who participates in the main trial using technical devices is the same as the situation when he or she is in person in the courtroom.

This paper examines the growing problem of drug-related crime and the use of psychoactive substances among minors in Poland. Based on court statistical data and recent survey studies, it explores shifting behavior patterns and identifies factors contributing to this trend. Special emphasis is placed on the social and psychological influences, as well as the increasing availability of new synthetics drugs such as mephedrone and fentanyl. The findings highlight the need for effective preventive measures and support systems to curb the escalation of this problem.

The study focuses on the issue of adjudication by the appellate authority after the expiration of the limitation period in cases involving fines for damage, destruction, or removal of a tree or shrub without a permit or notification. A critical assessment is made of the position taken by the Supreme Administrative Court in rulings II OSK 35/18 and III OSK 1242/22, according to which the appellate authority may substantively resolve the case if the first-instance authority issued a decision before the expiration of the limitation period. It is pointed out that this approach does not take into account the principle of the two-stage procedure and the nature of the appellate procedure, which is not limited to the review of the first instance decision, but also includes the reconsideration and resolution of the case. The study also examines whether compliance with the limitation period requires that the decision of the appellate authority imposing an administrative fine be delivered to the party or whether it is sufficient that it be issued. It was concluded that the decision must be delivered to the party before the expiry of this period.

The issue of the objective limits of adjudication and the ruling of the appellate court is closely related to the institution of the prohibition of reformationis in peius. This term is used to describe the prohibition of the appellate court to review the merits of the case to the detriment of the party who has appealed against the lower court's decision, if the opposing party has not appealed. In the historical development of the civil process, the institution of the prohibition of reformationis in peius developed differently in individual procedural systems. In the Roman trial of the pre-Justinian period, the prohibition of reformationis in peius was in effect due to the fact that the court was strictly bound by the boundaries and direction of the appeal, which it could not cross due to the principle of ultra petita non cognoscitur. This practice was changed in Justinian times when the Lex Amploirem allowed the court to rule regardless of the direction of the appeal. The Justinian regulation influenced the removal of the grounds for this prohibition in the German common civil trial, where, following the example of the Lex Ampliorem, the appellate court could adjudicate ex officio. However, in most European procedural systems, which adopted the native and fully complaints form of civil proceedings, the prohibition of reformationis in peius was a natural consequence of the dispositivity principle. The emergence of a new type of civil procedure at the turn of the 19th century, in which the prohibition of reformationis in peius was recognised as a principle of appeal, led to its definition and formulation in the form in which it functions to this day. It was at that time that the dogmatic grounds for binding the court with it were established, and then its functions and normative form.

In the legal order of the Kingdom of Poland, the institution of ecclesiastical penance was introduced by the Code of Major and Corrective Penalties of 1847. This paper seeks to address the question of the rationale behind the introduction of this institution into criminal law and its legal character, analysing the offences to which it was applied. To this end, the institution of ecclesiastical penance is analysed within the structure of the code, its essence elucidated, and the institutions responsible for adjudication and imposition indicated, along with the persons subject to it. Furthermore, offences punishable exclusively by ecclesiastical penance, or by ecclesiastical penance and secular or canonical penalties, are systematised. It is submitted that the legislator, in introducing this institution into the Code of Major and Corrective Penalties, has positioned ecclesiastical penance as a sui generis punishment. In the event of its imposition, the legislation did not offer the possibility of redemption from its personal execution, but no means of its enforcement was indicated either. The findings established will perhaps deepen the existing views on ecclesiastical penance in the Code of Major and Corrective Penalties.

Social assistance is an instrument that is available to a specific community that creates a society, with the use of which the community provides forms of support for members of this community who require it. The formalized expression of the community is the state, its bodies and the institutions created by them. Social assistance is the institution with the use of which the state takes action to support people in a difficult situation. The necessity of taking such actions is also foreseen in the Bible. It is the document that refers to God and to what His vision of man is and how man should live. Within this vision, one can see the existence of an institution created by the community, and aimed at supporting those who are unable to meet their needs on their own. The occurrence of the key principle of social assistance, namely the principle of subsidiarity, is noticed, and in a very radical form. An important element is to draw attention to the necessity of building a social infrastructure, with the use of which the most essential needs of members of a given community will be met.

The aim of the paper was to present the possibilities of marriage between an adopted child and a biological child of the adopter or between two children adopted by the same person. The analysis, based on the Polish legal system, highlights the differences between the different types of adoption and their effects on the possibility of marriage. The specific effects of ordered adoption on the relationship between half-siblings were also examined. The discussion focused on the impediments to marriage and the extent to which they are applicable in the case of bonds created by adoption. The analysis made it possible to draw appropriate conclusions and to present the author’s legislative proposals on the basis of European human rights.

Walenty Skorochód-Majewski (1764-1835), who was appointed a notary at the Court of Appeal in 1808, is a man who defies easy categorisation. On the one hand, he owed his office to merit; he ran a prosperous chancellery in a prominent location in the capital of the Duchy of Warsaw, enjoyed the esteem of its many inhabitants and was renowned for his knowledge of many foreign languages. On the other hand, his scholarly work was judged to be unprofessional and he himself to be completely absorbed in his idée fixe. This may have been the result of a lack of academic training. Almost as badly received was the result of Skorochód-Majewski’s translation of the French Code de commerce into Polish in 1808. However, this was the first translation of this legal text on Polish soil. Moreover, it only came into force a year later. However, the diligence and self-education of the notary, who sacrificed a considerable part of his fortune in the name of an idea, are unquestionable.

The aim of this paper is to present the reflections on the professional activity of Peliksas Bugailiškis (1883-1965), a unique figure in Lithuanian history. In particular, the author attempts to briefly present Bugailiškis’s path to the position of judge and his liberal ideas on the introduction of suspended sentences into Lithuanian criminal law, based on the 1903 adaptation of the Criminal Code of the Russian Empire. During the inter-war period, while working as a judge, Bugailiškis was also an active member of society and local culture, sharing his passion for Lithuanian ethnology and museology. The surviving documentation about Bugailiškis provided an interesting moral approach to trace his views on criminal offences and their links with traditional transgressions. The author argues that despite the ethnological nature of the research campaigns initiated by Bugailiškis, they are also relevant to the field of criminology and social policy in inter-war Lithuania. In this context, the paper is useful in revealing the broader issues of society’s negative attitudes towards abortion or the birth of an illegitimate child, which should have been addressed by the Lithuanian legal system.

This article raises the issue of the impact of Bruen -  a judgment which, within the framework of broadly understood originalism, creates a new method of interpretation based on historical analogy - on the example of how the constitutionality of 18 U.S.C. 922(g)(3) has been assessed in cases, in which Second Amendment restrictions extend to illegal users, i.e. United States v. Harrison, United States v. Conelly, and United States v. Daniels. The Bruen ruling itself is controversial, for instance due to the alleged challenges in applying this precedent by lower courts. The interpretation of the Constitution by the federal Supreme Court - an institution currently identified with the republican approach or even reduced to the role of a political emanation of Donald Trump's presidency - will remain the subject of not only a strictly legal, but also a political/attitudinal evaluation made by lower-level courts in casu. This may result in transformation of the common law system itself, as a precedent "using" the concept of originalism or living constitution will cease to be a binding guide in a process of law application, and instead becomes a substitute instrument for the legislative power tin order to enact a specific policy. Therefore, the abovementioned risks require ongoing analysis of how Bruen influences selected issues regarding the constitutionality of 18 U.S.C. 922

The paper deals with the obligations introduced by the so-called Kamilek Act and relating to the organisers of activities for minors. This issue is of key importance, considering that the obligations concern a wide group of entities, including public and private ones, conducting activities in key areas of social life, from education to extracurricular activities to hotel services. The paper describes in detail the obligations of the organisers of these activities. At the same time, it highlights significant doubts in the practical application of the law, which represent a major challenge for the organisers of activities. Within the framework of the de lege ferenda postulates, a number of solutions have been proposed, which are aimed at improving the fulfilment of obligations by the obligated entities, but also at increasing the quality of the fulfilment of obligations, for example in the context of the implementation of specialised training for staff.

The subject of this paper from the philosophy of law is the regulation of access to the judicial profession, due to its impact on the operation of the judiciary. The purpose of the analyses carried out is to evaluate the current regulation from the point of view offered by virtue jurisprudence. The paper reconstructs the current ways of reaching the position of judge, the theoretical background offered by virtue jurisprudence and the formulation of theses on moral development. This made it possible to assess the different ways of entering the judiciary. Equally positive was the form of access to the judiciary through primary and supplementary application, as opposed to the possibility of „transition” from another legal profession. As part of the conclusions, postulates of a de lege lata and de lege ferenda nature were pointed out and an area of research was identified that should be the subject of further research, including empirical research.

The essence of understanding the concept of security is constantly expanding with the development of civilization with unknown threats and innovative ways of eliminating them. The aim of this paper is to present the security pillars in the Polish constitution, which include principles, institutions and legal mechanisms that are aimed at ensuring stability, protecting the sovereignty of the state and the rights and freedoms of citizens. The Polish Constitution of 1997 contains many key provisions that serve the function of protecting national and state security, both internally and externally. The idea of national security is as old as the state. The people who created the first community and state formation had from the very beginning an idea of their means of subsistence and protection against external and internal threats. In order to achieve and maintain the desired level of security, Poland, like other countries, uses instruments in the form of legal and material regulations. The security of the state and its citizens is an important pillar of public order in the state. The theoretical and legal method was used in this paper.

International law faces numerous complex and novel challenges in the context of globalization and rapid technological advancements. This paper analyses the importance and potential of applying an interdisciplinary approach in international law research in the Digital Era 5.0. The results show that this method can enhance in-depth research on the relationship between international law and related fields, effectively address emerging legal challenges, improve the practicality of legal proposals, promote international cooperation in research, and enhance the ability to resolve international conflicts and disputes. The paper also identifies future research trends, including the application of artificial intelligence, blockchain, and other emerging technologies in international law research. The paper emphasises the development and refinement of interdisciplinary research methods to effectively respond to international legal challenges in the Digital Era 5.0.

The use of satellite data for faster and more efficient implementation of public administration tasks is one of the strategic goals of the Republic of Poland. This solution will undoubtedly allow for more efficient management of available resources, both financial and human, while at the same time reducing implementation costs. The purpose of the research was to verify the feasibility of using a satellite detection system for sealing the local tax system – In terms of real estate tax, agricultural tax and forestry tax. The study used the dogmaticlegal method of research, with the addition of the empirical-analytical method. Polish legislation and local laws were analysed and doctrinal and case law views were reviewed. In addition, information and statistical data provided by the Wroclaw City Hall were examined.

This paper aims to present the arguments formulated in the scientific discussion devoted to the place of the National Assembly in the system of the separation of powers of the Republic of Poland. The author analyzes all statements on this matter, pointing out their strengths and weaknesses, and at the same time putting forward his own counter-arguments and thoughts. At the same time, he emphasizes the possibility of undermining the leading position in the doctrine, which advocates classifying the Assembly as a body of legislative power. In this way, he aims to „air out” views that have been formulated long ago and are therefore very ossified. However, when he undertakes this task, he does not decide anything himself. His purpose is to provoke reflection rather than to issue a categorical decision on the analyzed issue.

One of the newly introduced provisions along with the so-called „Polish Deal” was a complete ban on depreciation of residential premises. At the same time, both taxpayers and representatives of the literature questioned its compliance with constitutional principles, i.e. the principle of protection of vested rights and the principle of protection of pending interests. Taxpayers raised the issue of the unconstitutionality of this regulation and applied for individual interpretations. The unfavourable positions of the Director of National Tax Information led to disputes before administrative courts. The juries that decided these cases also did not agree with the plaintiffs’ arguments. The purpose of this paper is to examine the legitimacy of these decisions and to consider whether the ban is in fact incompatible with the Polish Constitution.

The aim of this paper is to analyse the regulatory scope of the EU-UK Trade and Cooperation Agreement in the aspect of customs turnover of goods, with particular emphasis on its legal principles. The main research problem is to find answers to two research questions: is preferential tariff treatment with a zero duty rate in customs turnover between the UK and the EU the only type of customs turnover and can it be stated that it is duty-free turnover? The analysis shows that duty-free turnover basically concerns the fulfilment of the principles of preferential origin of goods. Failure to fulfil them results in determining the duty due in accordance with the calculation elements. The analysed issues are significant and important from the point of view of customs turnover, but are little recognised in the literature on the subject.

The safety of air navigation is one of the greatest challenges and priorities facing public international law, EU law and the national law of individual countries. Undoubtedly, the elements that increase its level are uniform regulations regarding aircraft and their crews, nationality, and permits to perform specific types of flights. From this perspective, it is worth analyzing existing legal provisions – adopted within the International Civil Aviation Organization (ICAO), as well as those adopted within individual countries – and considering actions that could have further positive effects in the future.

The subject of the judgment under review is the issue of the application of the reference to the definition of a structure contained in the Local Taxes and Fees Act, and thus the violation of the principles of certainty and definiteness of tax law. Such a move on the part of the legislator arouses numerous controversies, since in the Court’s opinion it is not permissible to regulate in a non-tax law such essential elements of the legal construction of a tax as its subject matter. This paper also considers whether the Constitutional Court’s rationale can be the basis for the tax authorities’ failure to comply with the Constitution. The author points out the negative effects of the regulation, as well as the relevance of the Constitutional Court’s position to the existence of the tax obligation of citizens.

In its judgment of 28 February 2024, the Supreme Administrative Court ruled that it was inadmissible to enter the names of persons of the same sex as the parents of the holder of the identity card in the identity card, i.e. in accordance with the content of the birth certificate issued by an authority of a foreign country. The commented judgment is in compliance with the line of case law of the Supreme Administrative Court established by resolution II OPS 1/19 of 2 December 2019, in which it was ruled that it was inadmissible to transcribe a foreign birth certificate indicating persons of the same sex as the parents of the child. The author of the commentary shares the position of the Supreme Administrative Court on the inadmissibility of denying the right of a Polish citizen to receive an identity card solely because the foreign birth certificate indicated persons of the same sex as the parents. In such a situation, the body issuing the identity card is obliged to enter the name of the biological parent, while the space intended for the name of the other parent should remain empty.

In the commented judgment, the NSA aptly assumed that the subject of inheritance and gift tax can only be the definitive acquisition of the object of the donation. It would be contrary to the purpose of the law, the constitutional principle of proportionality and justice to charge tax in the absence of a definitive acquisition by the part of the recipient, which is the case when a donation is revoked. It should be considered that other situations where there is a revocation of a donation under various civil law provisions should be assessed in the same way. However, a critical assessment is required of the SAC's recognition that a donation has been revoked in a particular case.

The purpose of this commentary is to examine the artist’s resale right (droit de suite) from the perspective of inheritance law. According to the discussed judgment, this right is not included in the author’s iunheritance for two reasons. First, the droit de suite is closely linked to the deceased author. Secondly, the artist’s resale right passes to the heir outside the succession, i.e. by virtue of singular succestion mortis causa. Furthermore, the judgment indicates that the right in question passes only to the direct heirs of the author. However, the analysis presented in the commentary undermines this conclusion

Despite the fact that there is no legal regulation dedicated to trust agreements in the Polish Civil Code, this type of contract is used quite often in practice. It's necessary to solve problems when the need for interpretation arises in the case when parts of this contract are not complete. As in this text, the issue was the possibility of setting up such a trust when one part of the contract wanted the other part to acquire immovable property (an apartment) and return it to the first part after a certain period of time, which was not precisely defined. The Polish courts rejected the case on the basis of the rules of interpretation of human will's acts delivered in the Polish Civil Codex (Kodeks Cywilny), stating that there is no such possibility to use legal allegation, especially if there is no indication of any time to dissolve the contract, written in this contract between parties.