Tom 61, Nr 2Prawo i Więź

The aim of this article is to present asylum cases (including lesser-known ones) involving the use of diplomatic asylum that took place during the Hungarian Revolution of 1956. At the same time, the text analyzes the assessment of these cases through the prism of the observations of the leading Hungarian émigré writer and poet Sándor Márai. He is currently one of the most famous Hungarian artists in Poland (his works have been made widely available to Polish readers by the Czytelnik publishing house). Márai observed the Hungarian Revolution while living in the US at the time, and for obvious reasons, he was deeply affected by these events. He included his assessment of the heroes of this revolution (primarily Imre Nagy and Cardinal József Mindszenty) in excerpts from his “Diaries”. This assessment is quite critical, especially towards Prime Minister Nagy. Undoubtedly, Sándor Márai judges him to be a communist, has no faith in his “conversion”, does not sympathize with him, and considers the tragic twists and turns of his fate to be gangster-like reprisals by the communists. On the other hand, he perceives Cardinal Mindszenty differently, but does not believe in his intellectual or political abilities. He does not appreciate his religious attitude. However, he does appreciate his behavior, which secured him a rightful place in history.

To understand Imre Nagy’s significance for the 1956 Hungarian Revolution, we must place him in a specific context. To assess why he made the decisions he made, we must consider the entirety of his life and work. He was no random street radical. Throughout his life, he was a committed Marxist who simply believed he could reform something that was irreformable. Through the course of events, he was placed in a position where he had to balance the demands of the protesters who had just overthrown his predecessor with those of the USSR. Imre Nagy served Soviet interests for decades. He spent his life serving a brutal, oppressive system, enforcing Moscow’s will at every turn. Working as an NKVD informant, he reported over 200 of his colleagues to the secret police. As Minister of the Interior, he participated in the brutal ethnic cleansing of German-speaking Hungarians and contributed to the dismantling of democratic institutions and traditional family structures that had existed in Hungary for centuries. He carried out collectivization, which devastated Hungarian agriculture and destroyed centuries-old rural communities. Imre Nagy exemplified the utopian pursuit of a model of “humanitarian socialism”, an artificial construct, an ideology that never existed and had no right to materialize. In this sense, Tibor Meray was right, when he wrote in his book about the Hungarian Prime Minister that: “Imre Nagy wanted to be a good communist and a good patriot, he wanted to be a good Hungarian and a sincere friend of the Soviet Union, and that was impossible”. In a sense, Imre Nagy exemplifies an astonishing transformation – from an orthodox communist apparatchik, Stalinist, informer, and Bolshevik agent with a highly inglorious past of imposing the communist yoke on Hungarian society – to the somewhat accidental, tragic, and heroic leader of the 1956 uprisings, elevated to a pedestal by movements of social resistance to the terror of communism. It is not without reason that Imre Nagy is described by right-wing politicians as a “Soviet man in Hungarian clothing”. His role in 1956 could not redeem decades of service to the oppressor. The culmination of this is the words of Victor Sebestyén, who summed up Imre Nagy’s fate by stating that “Imre Nagy died better than he lived”.

The Hungarian Revolution of 1956 was an attempt to set Hungary on a path of democratic transformation aimed at building freedom and improving the country’s economic situation. The national uprising, brutally suppressed, remained deeply embedded in the collective memory of Hungarians for many years. The Fundamental Law of Hungary of 25 April 2011, in its currently binding version, seeks to preserve national memory and to implement the demands that were articulated at that time. This article constitutes an attempt to identify references to the ideas that were formulated in 1956.

The article discusses the civil law aspects of property restitution for persons repressed after the 1956 Hungarian Uprising. The policy of the communist government, created as a result of the Soviet invasion, aimed to impose numerous repressive measures on participants in the uprising and all those deemed enemies of the “people’s government”. A key element of this was the confiscation of property. Therefore, after the overthrow of the communist regime in 1989, the question arose as to how to implement the restitution of property seized from its original owners. This process was limited in nature and consisted of providing compensation in the form of so-called compensation vouchers. In the author’s opinion, these vouchers did not fully fulfill their role as a compensation instrument. However, the limited scope of compensation was justified by the need to protect acquired rights, ensure the stability of property relations, and address state budget constraints.

The 1956 Hungarian Revolution occupies a unique position in the historical memory of Central and Eastern Europe. Its significance goes beyond the historical dimension and is reflected in the legal systems of the states of the region. This article analyses the legal mechanisms used to preserve the memory of the 1956 events in the legal orders of Hungary and Poland. The analysis covers constitutional and statutory provisions, parliamentary resolutions, acts of symbolic law, as well as regulations concerning memorial days and places of remembrance. The article also takes into account the standards of freedom of expression under the European Convention on Human Rights and the case law of the European Court of Human Rights related to so-called memory laws. The aim of the article is to demonstrate the role of law as a tool for shaping collective memory and to indicate how the legal framing of the 1956 Revolution may contribute to strengthening Polish-Hungarian relations.

The article examines the mechanisms for introducing, operating, and legitimizing emergency regimes in the realities of a socialist state in the context of the Hungarian uprising of 1956. According to the author, emergency regimes in socialist states were fundamentally political, not legal. They served to maintain the communist party’s monopoly and monolithic power, even at the expense of its formally declared legality. The experience of the Hungarian uprising reveals a structural contradiction between the ideology of “socialist legality” and the practice of applying emergency measures. An analysis of the 1956 case allows the author to draw conclusions about the comprehensive nature of such regimes in socialist states, pointing to their exemplary form.

The article provides a comprehensive analysis of Cardinal József Mindszenty’s stay at the United States diplomatic mission in Hungary, taking into account both international law and canon law perspectives. Drawing on unique beatification records and Vatican sources, the authors examine the Cardinal’s spiritual and moral motivations, emphasizing his fidelity to the norms of canon law, which played a decisive role in shaping his decisions and conduct. The text further addresses issues concerning the legal status of the diplomatic mission, the interpretation of the institution of diplomatic asylum, and the controversies surrounding its application in state practice. The analysis demonstrates that the resolution of the diplomatic impasse that gradually arose from the Cardinal’s long-term refuge at the U.S. diplomatic mission was facilitated by his heroic obedience to the Pope – a virtue that matured over the fifteen years of his presence at the American diplomatic mission.

The purpose of the article is to analyze the issue of applying Article 115 of the Polish Civil Code to the calculation of the limitation period. The subject of the considerations is to determine whether the limitation period may be regarded as a “time limit for performing an act” within the meaning of Article 115 of the Civil Code, and what legal consequences arise from adopting a different classification. In this respect, the article examines the current positions of legal doctrine and the case law of the Supreme Court. As a result of the analysis, it is indicated that the lapse of the limitation period ex lege gives rise to the debtor’s competence to raise the defence of limitation, regardless of statutory non-working days. The novelty of the article lies in the comprehensive comparison and systematization of doctrinal views and judicial decisions in the light of the amendment to Article 118 of the Civil Code, thereby contributing to a more in-depth understanding of the function of limitation periods in the Polish civil law system.

The article examines the legality of applying a preventive measure in the form of detention in Ukraine in the context of the ECHR case law. The purpose of the study is to analyze the compliance of the criminal procedure legislation of Ukraine and domestic case law with the requirements of Article 5 of the Convention for the Protection of Human Rights and Fundamental Freedoms, taking into account the conditions of martial law. The methodological framework includes formal-legal, comparative-legal, doctrinal and forecasting methods. As a result, the study revealed systemic violations of the principles of proportionality, effective judicial control, and risk assessment in the selection of a preventive measure. The analysis of ECHR cases demonstrates the ineffectiveness of appellate review, the formalistic nature of judicial decisions, the neglect of the health of suspects, and procedural abuse. The article proposes comprehensive reforms of legislation, judicial practice, and the system of free legal aid drawing on the experience of Council of Europe member states. The research concludes that it is necessary to move from declarative to substantive control over the observance of human rights in the field of preventive detention.

The aim of the article is to attempt to determine the limits of application of the provisions of Art. 15zzs⁴ section 3 of the Act of March 2, 2020 on special solutions related to the prevention, counteracting and combating of COVID-19, other infectious diseases and crisis situations caused by them, taking into account its subsequent amendments and assessment of the adopted solutions in the context of the principle of open court proceedings. The considerations carried out using the dogmatic-legal and historical method allowed us to determine that the provision of Art. 15zzs⁴ section 3 initially authorized the heads of departments in administrative courts to refer a case for consideration at a closed session without the need to obtain the consent of the parties and participants in the proceedings, often without checking the possibility of conducting the hearing remotely, which was perceived as a violation of the principle of openness. The argument for this solution was the need to protect human life and health. As a result of subsequent changes, there was a systematic return to the solutions known before the pandemic, and now the case may be referred for consideration at a closed session during the transitional period, provided that all parties and participants in the proceedings accept it.

The aim of the paper is to analyze and evaluate, using the formal-dogmatic method, the applicable legal regulations governing the principles of financial management and the organization of the forest fund in the context of the features that the doctrine of financial law assigns to state appropriated funds. The essence of state appropriated funds is based on linking revenues from precisely defined sources with expenditure on tasks of great social and economic importance. When analyzing the features of the forest fund in terms of the requirements set for state appropriated funds by Article 29 of the Act on Public Finances, it should be stated that despite the fact that the statutory standards do not directly indicate the rank of the forest fund as one of the state appropriated funds, this fund has basic features that determine its belonging to this organizational form of the public finance sector.

This article explores the concept of cultural genocide, returning to its conceptual “roots” and aiming, among other things, to explore its origins as articulated by its foremost advocate, Raphael Lemkin. As the scholar who coined the term “genocide” and played a pivotal role in shaping the 1948 Genocide Convention, Lemkin’s contributions provide essential context for this analysis. During the drafting of the Convention, cultural genocide emerged as a central issue, occupying a prominent place in the debate on the nature of the crime. Despite its prominence in the discussions, it was ultimately excluded from the final text following extensive debate among the Convention’s drafters. Unlike biological and physical genocide, which were retained as the core forms of the crime, cultural genocide was excluded. What were the principal arguments advanced for and against the recognition of cultural genocide? Why does the debate over its inclusion persist decades after its exclusion from the Genocide Convention? To what extent – if at all – do these discussions hold legal significance today? These are the central issues that this article seeks to address.

The French whistleblower protection model is considered one of the most advanced and comprehensive systems in Europe. It is based on the Sapin II Act of 2016 and its 2022 amendment, introducing a flexible reporting procedure, broad protection against retaliation, a requirement for good faith, and legal and psychological support for whistleblowers. The model emphasizes confidentiality and data protection in line with GDPR requirements. It also takes a balanced approach to business secrecy, allowing for the disclosure of significant legal violations in the public interest. France played a key role in shaping the EU Directive 2019/1937, which incorporates many elements of the French system. Despite progress, practical challenges remain, such as low employee awareness and lengthy legal proceedings. The article highlights differences between the French and U.S. models and notes the trend of European whistleblower protection converging towards the French model, focusing on protection, support, and prevention of retaliation.

The secrecy of confession is currently a subject of debate and discussion, especially in the context of crimes related to sexual abuse and the protection of minors. Some groups advocate for clergy to be required to report sexual offenses, even if they learn about them during confession. These demands arise from the collision of two obligations: the duty to report crimes and the obligation to maintain professional secrecy, which in the case of confession also involves constitutionally guaranteed religious freedom. The aim of this article is to defend the confidentiality of confession against unfounded calls for unauthorized interference in the essence of the sacrament of penance and reconciliation. This defense is based on an analysis of both secular and canonical law, as well as the psychological aspects and practical feasibility of the proposed solutions.

Sexual harassment is a serious violation of the victim’s honor and dignity, which contributes to social instability. As a Southeast Asian country deeply influenced by Confucianism with its patriarchal traditions, Vietnam has long faced the problem of sexual harassment, especially against women. In recent years, Vietnam has made progress in raising awareness and using the legal framework to combat this behavior. Currently, Vietnamese law provides for administrative and labor disciplinary sanctions against sexual harassment, and criminal prosecution is available if the victim is under 16 years old. However, a gap exists in the Vietnamese legal system as there is no provision for criminal liability for sexual harassment against victims aged 16 and above. This creates limitations in the protection of victims and reduces the deterrent effect of sanctions. Without clear criminal sanctions, victims tend to remain silent and are reluctant to report, knowing that the perpetrator will face only minor administrative penalties that are not commensurate with the harm suffered. This study, based on international and Vietnamese legal frameworks and an analysis of the current situation in Vietnam, aims to assess the necessity of establishing criminal liability for sexual harassment against victims aged 16 and above. The study also offers recommendations that Vietnam should consider when implementing this provision.

The presented article addresses the significance of the reflective phase in criminal proceedings. It acknowledges the prevailing consensus in legal scholarship and jurisprudence, which assumes the necessity of deliberation before issuing a judgment. While this viewpoint is undoubtedly valid, it is difficult to overlook the fact that adjudication is usually carried out by single-judge panels. The aim of this study is to propose desirable and universal solutions both in terms of the conceptual framework used to describe the reflective phase of ruling in criminal cases and the need to maintain formalized normative solutions in this regard.

The evolving geopolitical landscape has compelled Swedish decision-makers to re-examine their security policy and consider various options for adapting the national defence system to the current security environment. This publication represents one stage of research conducted by the author as part of the MINIATURA 8 grant awarded by the Polish National Science Centre (NCN). The main research question guiding the study was: How and why has Sweden’s defence policy evolved? A supplementary question addressed was: What has been – and what is – Sweden’s defence model? The methodology applied includes a legal-dogmatic method, along with an analysis of legal acts, strategic documents, and relevant academic literature. The article discusses, among other elements, the Swedish National Security Strategy of 2024 and the Swedish Total Defence Duty Act. Insights derived from the literature were complemented with data obtained during expert interviews and consultations conducted in Sweden in June 2025. To provide a broader analytical framework, the author reviewed theoretical approaches to national defence strategies, including the concept of Total Defence.

The death of a sole proprietorship results in the entry of their business into its final phase of existence, in which the business is considered an inherited enterprise. The regulations analyzed in this study stem primarily from the Succession Management Act, in force since November 25, 2018, as amended by the Act of July 31, 2019, amending certain acts to reduce regulatory burdens. This Act regulates, among other things, the principles of temporary management of a business following the death of an entrepreneur who conducted business activity in their own name based on an entry in the Central Register and Information on Business Activity. The institution responsible for managing a business inherited is succession management, performed by a succession administrator. The administrator undertakes actions that impact not only the assets of the owners of the inherited business but also the inherited business itself. The aim of the considerations undertaken is to analyze an issue that is also important in practice – the scope of the concept of “running an enterprise in an inheritance” and undertaking activities “resulting from the business activity carried out by the deceased entrepreneur”.

In the current legal system, regulations provide for a cassation model of judicial control of administration, although a reformatory component of adjudication by administrative courts is also visible here. It usually appears in the form of individual regulations wherever the legislator seeks to streamline proceedings before administrative courts and – more importantly – to maximize the effectiveness of judicial protection of the individuals. One of such regulations is the power granted to the administrative court to rule on the existence or non-existence of a right or obligation in the event of upholding a complaint about inaction or excessive length of proceedings by a public administration body (Art. 149 § 1b of the Act – Law on Administrative Court Procedure). In the judicial practice of administrative courts, a position has developed in favour of a narrow understanding of this regulation. The author of this text argues for its broad approach, which is justified by recognized methods of interpretation of the cited norm and ensures fuller protection of subjective rights. According to this concept, it is incorrect to limit the application of Art. 149 § 1b of the Act – Law on Administrative Court Procedure to inaction or delay occurring in the case of only one form of administrative action, referred to in Art. 3 § 2 item 4 of the Act – Law on Administrative Court Procedure. On the contrary, the scope of regulation of Art. 149 § 1b of the Act – Law on Administrative Court Procedure should also include the passivity of administrative bodies in proceedings intended to issue, among others, an administrative decision, an administrative resolution or in cases of written interpretations of tax law provisions.

Globalization has inevitably brought theocratic and theocratic-constitutional models closer to European and Western constitutionalism. Recent historical events, often of a revolutionary and warlike nature, have accelerated constitutional developments, leading states populated predominantly by Muslim worshippers to enact constitutions in which elements of the Shari’a tradition coexist with elements of secular and predominantly legal culture. Scholars from different cultural traditions have thus been led to question the nature of the Shari’a: is it normative in the Western legal sense, or is it merely a set of religiously based rules? The answer is of great significance, not least in un derstanding whether Shari’a can “dialogue” with Western legal systems. Even more significant is the observation concerning certain Arab-Islamic constitutions (such as those of pre-Taliban Afghanistan, Iraq, Iran, Turkey, and North Africa), particularly the extent to which their reference to Shari’a may risk distorting the nineteenth-century function of constitutions. Indeed, a careful and rational use of comparative law, combined with historical-legal analysis, can lead to a fruitful comparison between the two major cultural areas, enriching both legal-constitutional traditions – with greater secularization in one and a deeper emphasis on ethical and value-based considerations in the other.

Admission to a psychiatric hospital and treatment of people with mental disorders are associated with temporary deprivation of liberty. This is why the prerequisites specified in the Mental Health Protection Act of 19.08.1994 determine strictly both the admission and stay of such people in psychiatric hospitals. A stay in a psychiatric hospital is an extremely difficult time for patients who are often subjected to compulsory treatment. The aim of the article is to present the legal regulations concerning the circumstances where a patient’s consent to psychiatric treatment is not necessary.

This paper examines Mattel’s intellectual property strategy for Barbie through a dual SWOT framework, demonstrating how the brand operates simultaneously as both a defensive fortress and an offensive growth engine. Drawing on legal records, financial disclosures and market data, the study demonstrates that Barbie’s intellectual property portfolio exemplifies an “ambidextrous strategy” – one that protects brand integrity through rigorous enforcement while expanding across film, fashion, gaming and digital ecosystems through strategic licensing and partnerships. The weighted SWOT analysis shows that Barbie’s defensive strengths significantly outweigh external threats, thereby creating a formidable enforcement infrastructure capable of countering counterfeiters, AI-driven look-alikes and jurisdictional challenges. On the offensive side, Barbie’s monetization capabilities align closely with expansion opportunities, enabling the brand to scale into new markets while managing exposure risks through curated growth. These parallel strategies are not mutually exclusive but symbiotic: enforcement actions against counterfeiters preserve consumer trust, which in turn enables luxury collaborations, while trade dress protection enhances the appeal of IP extensions such as feature films and video games. The paper contributes to intellectual property scholar ship by demonstrating that SWOT analysis can serve as a practical framework for shaping and assessing IP strategy and to business strategy literature by illustrating how established brands maintain market dominance through calibrated, complementary defensive and offensive IP management in competitive, fast-changing industries.

This article analyzes the first military doctrine of the Russian Federation (1993) through a rigorous political-legal framework, identifying it as the foundational normative document shaping three decades of Russian strategic behavior. Rather than viewing the document as a military guideline, the research conceptualizes it as a constitutive act of state-building that emerged from the severe constitutional crisis. The paper demonstrates that the doctrine served as a central legal instrument for consolidating power within the executive branch. This security document effectively removed the conventional distinction between external defense and internal security, thereby authorizing the use of military force against domestic political adversaries. A strategic shift is apparent in nuclear strategy; the abandonment of the “No First Use” commitment has transformed the nuclear arsenal into a formidable instrument of global and regional coercion. The article also argues that the doctrine, validated by the 1995 Constitutional Court ruling, consolidated a strategic culture rooted in the primacy of force and in claims to exclusive spheres of influence. Central to this study is an examination of the doctrine’s international legal dimensions. The 1993 doctrine framework institutionalized a systematic subversion of the UN Charter by appropriating peacekeeping terminology to mask unilateral interventions in the “Near Abroad.” Through empirical analysis of conflicts in Georgia, Moldova, and Tajikistan, the article demonstrates how legislative innovations such as “compatriot protection” and “passportization” served as instruments of jurisdictional displacement. Finally, the research traces the normative continuity of these principles across subsequent security documents (2000–2021), concluding that the 1993 doctrine established strategic and legal precedents for Russia’s later military campaigns, specifically the 2008 invasion of Georgia and the 2022 full-scale invasion of Ukraine, thus ultimately fueling a self-reinforcing cycle of confrontation with the rules-based international order.

The article examines whether the current institutional model and practical functioning of the National Electoral Commission (PKW) comply with European standards concerning central electoral bodies, and whether the Commission is capable of ensuring voters’ trust in the integrity of the electoral process. The authors reconstruct the relevant standards developed by the Venice Commission and ODIHR regarding the operation of central electoral bodies, with particular emphasis on the principle of neutrality of the “rules of the game”, the need to ensure balanced political representation within election-managing bodies, and the independence, impartiality, and professionalism of their members. In this context, the analysis focuses on the 2018 amendment to the Electoral Code, which transformed the PKW from a judicial type body into a mixed commission largely appointed by the Sejm, as well as on the functioning of the PKW in its current composition. The authors identify a number of systemic deficiencies, including violations of the principle of proportional representation of parliamentary forces, a low level of gender balance, limited representation of desirable subject-matter expertise, and controversial decisions concerning the financing of the main opposition party – criticized both in court rulings and in ODIHR reports. The authors argue that although the model of a multiparty commission is not, in itself, incompatible with European standards, the way the PKW operates significantly undermines the desired neutrality and credibility of this body and, consequently, weakens citizens’ trust in the democratic electoral process.

The Council of Ministers is one of the bodies of the executive power, with jurisdiction over matters of state security. It performs tasks in this field either independently or in cooperation with the President of the Republic of Poland. It is obliged to ensure both internal and external security of the state, for which it also bears responsibility. As external security involves, to a large extent, military threats, the powers vested in the Council of Ministers also refer to the sphere of the state’s defence system. Defence tasks are of strategic importance not only for the proper functioning of the state but also for its existence. Armed conflicts can lead to the loss of independence or part of the state’s territory. Therefore, defence policy should be a priority among the policies established and implemented by the public authorities, including the Council of Ministers. It is, on the one hand, a collegial body as a whole. On the other hand, it consists of single-member bodies which also have the  jurisdiction over military security (including the Prime Minister and the Minister of Defence). This strengthens its legal and constitutional standing in the sphere of state security, in the context of current or potential military threats.

The history of the “kopa” courts in the Grand Duchy of Lithuania dates back to the takeover of the Ruthenian lands at the close of the thirteenth and the beginning of the fourteenth century. Their operation was regulated in the sixteenth century by the Statutes of Lithuania. In terms of jurisdiction, these courts dealt chiefly with theft and only occasionally with homicide. Proceedings were attended by peasants, Jews, Tatars and members of the nobility, and were most often initiated by landowners. The nobility’s pursuit of their own interests meant that hearings could at times become quite heated. Torture, carried out by the executioner, was at times used to induce a confession from the suspect. Hearings were held outdoors, and in matters of particular gravity, court ushers informed participants of the date. They also supervised the proceedings and prepared written reports, although they did not intervene in the decisions themselves. These could be confirmed, altered or even annulled by the castle courts. The “kopa” courts survived into the eighteenth century. Their strengths lay in the speed of their proceedings, their detailed knowledge of the locality in which the crime had been committed, and the judges’ marked determination to bring offenders to justice.

The subject of the publication is the analysis of the position of the European Court of Human Rights expressed in the judgment of 27 June 2024 in the case of Boisteau v. Poland. The judgment of the European Court of Human Rights was issued following consideration of an application filed by French citizen Johann Dephaer Boisteau against the Republic of Poland, concerning the applicant’s right to respect for his family life under Article 8(1) of the Convention for the Protection of Human Rights and Fundamental Freedoms. The subject matter of the case included the issue of the complainant’s contact with his child, the execution of interim measures and the duration of the court proceedings pending in the case. The author took a positive attitude to the position of the European Court of Human Rights expressed in the commented judgment, indicating additional arguments justifying the accuracy of this view, such as the fact that both the right to the protection of family life and the right to have a case examined by an independent court without undue delay are rights that are subject to constitutional protection in the Polish legal system.

The matter of the gloss refers to the thesis of the Judgment of the Supreme Court, taking up the issue of contraventionalization, included in art. 2a § 1 of the Offense Code. Therefore, the problem of contraventionalization is subjected to scientific analysis; in particular – in this perspective – replacing a unexceeded penalty of deprivation of liberty (a penalty for a crime) into a penalty of arrest (a penalty for an offense). The scientific narration is being performed in the perspective of the legal status de lege lata and in the doctrinal and juridical perspective. The conducted research allowed to consider the statement resounded in the glossed thesis as justified, that’s mean, that contraventionalization results from art. 2a § 1 o.c. does not change a final conviction for a crime into a conviction for an offense, but solely changes the convictioned penalty of deprivation of liberty for a crime into arrest penalty in an amount equal to the upper limit of the statutory threat for such an act. Therefore, the gloss has an approving character.

The Court of Justice in Case C-247/23 Deldits ruled that a person’s gender is personal data, and transgender people have the right to request that the controller correct their gender marker under Article 16 GDPR. The transgender person will bear the burden of proof of gender change, but the controller cannot request evidence of having undergone gender reassignment surgery. As will be shown in the paper, such an interpretation is consistent with European Union law and the requirements of the European Convention on Human Rights. Polish practice also does not require evidence of having undergone gender reassignment surgery by a transgender person. The procedure under Article 16 of the GDPR will operate alongside the court procedure for determining gender and will facilitate the daily functioning of transgender people.