Teka Komisji Prawniczej PAN Oddział w Lublinie
„Teka Komisji Prawniczej PAN Oddział w Lublinie” (eng. Teka Commission of Legal Sciences Polish Academy of Sciences Branch in Lublin) is a semi-annual periodical published in English by the Association of Alumni and Friends of the Faculty of Law of the Catholic University of Lublin (Stowarzyszenie Absolwentów i Przyjaciół Wydziału Prawa Katolickiego Uniwersytetu Lubelskiego). Our periodic publishes research papers addressing legal sciences and canon law. The subject of the articles refers to both present legal and socio-economic phenomena, as well as their historical and legal analysis. The journal is on the ministerial list of scoring journals (100 points). We only publish original articles that meet the criterion of a high scholarly level. The Editorial Board respects the ethical principles developed by the Committee on Publication Ethics (COPE).
Stowarzyszenie Absolwentów i Przyjaciół Wydziału Prawa Katolickiego Uniwersytetu Lubelskiego
From the Editor-in-Chief
The War in Ukraine Before the European Court of Human Rights: Reflections on Ukraine and the Netherlands v. Russia (Judgment of 9 July 2025)
The article situates the judgment within the broader context of Strasbourg’s engagement with armed conflicts, analyzing its doctrinal innovations on jurisdiction, attribution, and evidentiary standards. It explores how the Court balanced its human rights mandate with questions of international humanitarian law, while addressing the challenges of evidentiary assessment in inter-State disputes. Beyond the specific findings, the judgment has implications for the future of accountability for mass violations of human rights, as well as for the evolving role of the Convention system in situations of war and occupation. However, the practical impact of the ECtHR’s judgment will be constrained by the respondent state’s non-appearance before the Court and its demonstrated refusal to communicate with the Court following the aggression on Ukraine.
Copyright (c) 2025 Teka Komisji Prawniczej PAN Oddział w Lublinie
Extraordinary Military Judiciary in the Early Second Polish Republic – an Introduction to Research
This article examines the structures of the extraordinary military judiciary system established in the formative years of the Second Polish Republic. Their role was of particular importance in shaping military justice after the period of partitions, handling cases initiated before 1918, and ensuring the swift prosecution of soldiers who disobeyed orders. The discussion focuses on the principal forms of extraordinary “wartime” military courts: the Supreme Military Court, Garrison and General District Courts, Summary and Field Courts, and the State Defence Tribunal. The analysis draws on the relevant legislative framework as well as other primary sources. The study serves as a preliminary contribution to further, in-depth research on the subject.
Deepfake and Selected Crimes in Polish and German Criminal Law
This study examines the issue of deepfake technology, with particular emphasis on its mechanisms, applications, and the potential threats it poses in various areas of social life. It outlines the elements of prohibited acts that may be committed by individuals who create or distribute deepfake content. The aim of the article is to analyse the deepfake phenomenon in the context of selected provisions of the Polish Penal Code, as well as in light of the relevant provisions of German criminal law. In addition, the article discusses the provisions contained in the Artificial Intelligence Act, which establish a system of protection against the malicious use of deepfake technology based on transparency obligations. The study provides an assessment of the applicable provisions of Polish and German criminal law with regard to the protection of persons who may be harmed by the dissemination of deepfake content, and also evaluates the regulatory framework adopted at the EU level.
About the Thing Itself. Katarzyna Stępień’s Look at the Philosophy of Law
The text has been written as part of the project “The Scientific Position of Women in the Church and the World,” the idea of which is to draw attention to the achievements of women in various fields of science, with particular emphasis on the achievements of female lawyers employed at the Catholic University of Lublin. The aim of the article is to present the profile and interdisciplinary research work of Katarzyna Stępień, dr. habil., head of the Department of Philosophical Anthropology and Philosophy of Law at the Faculty of Philosophy of the Catholic University of Lublin. The considerations presented here reflect the two-track nature of Katarzyna Stępień’s involvement and activity. First, I explore the specific nature of her philosophical reflection on law, and then her work for the university and the popularization of science.
Assessment of the Electoral Committee’s Subjectivity in Terms of Legal Capacity
It seems a truism to say that in a democratic state under the rule of law, it is the law that should be created in such a way that its addressees have not only the feeling, but the certainty that it is a transparent, clear and logical law. The rules for the creation of legislative authority in Poland are set out primarily in the Constitution and the Electoral Code. Also, those legitimized to exercise legislative power should be elected according to transparent rules, through fair elections, in accordance with the applicable principles of electoral law, including, first and foremost, the principle of free elections and the principle of equal electoral opportunities, as those underlying the establishment of electoral committees in the Polish legal system. Despite a number of tasks imposed on this entity by the legislator, both of a substantive and procedural nature, legal capacity has not been granted to this entity, which also gives rise to a number of legal consequences both in the course of the election campaign and after its completion.
Responsibility of the Healthcare Facility Manager within the Quality System in Healthcare – Between Management and Legal Risk
This article addresses the issue of the Healthcare Facility Manager’s responsibility within the context of implementing quality and patient safety systems, with particular emphasis on the Act of June 16, 2023, on Quality in Healthcare and Patient Safety. The aim of this study is to analyze the scope of the Manager’s duties and to assess to what extent the new legal regulations shape their role as the guarantor of quality and safety of healthcare services. The article is interdisciplinary, combining legal, organizational, and ethical approaches. The results may serve as a starting point for further research on the implementation of the Act on Quality in Healthcare and Patient Safety, and on the relationship between the formal responsibility of the Manager and the actual management conditions within the healthcare system.
Extraordinary Appeal as an Effective Instrument for the Protection of Constitutional Rights and Freedoms
An extraordinary appeal is one of the extraordinary remedies, historically the “youngest” in the current system of domestic legal remedies available against decisions made in court proceedings. The main argument accompanying the introduction of this institution into the Polish legal system was the belief that court judgments should be fair, issued on the basis of correctly reconstructed legal norms, and correspond to correctly collected and assessed evidence. Its primary function was to correct final court judgments. The idea was that it would become a remedy allowing for the effective protection of the rights and freedoms guaranteed in the Polish Constitution. The adopted structure of the constitutional complaint does not allow for verification of the correctness of the court ruling itself, which may have been issued on the basis of a provision consistent with the Constitution, but at the same time interpreted in a manner inconsistent with the principles or freedoms and rights of human beings and citizens set out in the Constitution. In this respect, an extraordinary appeal is a special form of pro-constitutional interpretation of the law and also allows for verification of the correctness of its application by common and military courts. A detailed analysis of this institution carried out in this study also indicates that it has many shortcomings. However, the legitimacy of introducing extraordinary appeals into the catalogue of domestic extraordinary remedies is undoubtedly confirmed with each new ruling of the Supreme Court.
New Transferable Commodity Document in the Work of the United Nations Commission on International Trade Law
Digitization of documentation in commercial transactions is important to make them easier, faster and less costly. However, the digitization process faces particular problems with regard to documents that constitute negotiable documents of title. The article presents the assumptions of the work underway at UNCITRAL on a convention providing for the introduction of negotiable documents of title in both paper (NCD) and digital (NECR) versions, intended for use in various branches of transportation, on the model of bills of lading, which for years have documented the carriage of cargo by sea. The conduct of this work is a response to the demands of the stakeholders of transport relations, participating in inter-branch transport in particular. The focus of their attention remains the possibility of using such a document especially in the framework of a documentary letter of credit. The preliminary assumptions of the convention adopted by UNCITRAL are discussed against the background of the experience of digitization of bills of lading in road transport (eCMR), as well as attempts to digitize bills of lading, indicating the problems noted so far, the solution of which can be expected in the regulations of the convention under development.
Guarantees for Employees Appointed to Perform Basic Military Service, Territorial Military Service, and Their Spouses
The 2022 Homeland Defense Act contains many legal regulations establishing legal solutions aimed at creating conditions for employees to serve their homeland in active service without fear of losing their jobs and, consequently, their livelihoods. The most important guarantees requiring closer analysis include, first and foremost, the protection of the permanence of employment of a soldier called up for basic service and his or her working spouse. The analysis will focus in particular on the subjective and objective scope of protection, as well as the legal measures implementing such protection. An important role should also be attributed to the provisions establishing unpaid leave for the duration of training as part of voluntary basic military service and the related protection against termination of employment during the period of such leave. The provisions providing for the inclusion of the period of active military service in the length of service and the right to re-employment after completion of service will also be analyzed.
A Few Remarks on Poland’s Accession to the European Public Prosecutor’s Office
The European Public Prosecutor’s Office (the EPPO) is a new independent body of the European Union, established by Council Regulation (EU) 2017/1939 for investigating, prosecuting and bringing to judgement crimes against the financial interests of the EU. The establishment of the European Public Prosecutor’s Office via enhanced cooperation was due to a lack of unanimity among the EU Member States. In the first years of the EPPO’s operation, Poland was a non-participating EU Member State. After the parliamentary elections in 2023, there was a clear change in the Polish government’s attitude towards the European Public Prosecutor’s Office, which resulted in steps being taken towards joining this institution. Since March 2024, Poland has been participating in the European Public Prosecutor’s Office. The accession process required numerous measures to be taken at both national and EU level. This article presents the relations between Poland and the European Public Prosecutor’s Office before and after joining, and discusses activities related to the accession process.
No Objection by the Trademark Owner to Parallel Imports of a Medicine – Comments in Light of the Supreme Court Ruling in the Benalapril Case
Parallel import of repackaged medicinal products have been a constant subject of CJEU case law since the 1970s. One might therefore assume that all relevant issues have already been clarified and that the interpretation of the legal basis of this economic phenomenon is no longer in doubt. However, even such a seemingly simple institution as the obligation to notify the intention to market a repackaged medicinal product can, in the practice and theory of industrial property law, give rise to disputes and lead to completely different rulings by the highest courts of the Member States. An example of this is the recent judgment of the Polish Supreme Court in the Benalapril case. The interpretation of the above-mentioned premise adopted in this judgment differs to a significant extent, as regards the determination of the consequences of the trade mark owner’s failure to oppose the notification, from the decisions of the courts of other Member States. The interpretation adopted also needs to be scrupulously assessed in the light of the CJEU case law, which has adopted interpretative guidelines suggesting a different solution to the legal issue that has arisen.
Expert Evidence in the Case Law of ad hoc International Criminal Tribunals and the International Criminal Court
In criminal proceedings before international tribunals, expert evidence is particularly important for the efficient and effective prosecution of perpetrators of crimes under international law. Expert testimonies, a source of specialized knowledge, represent a significant portion of the evidence collected. The case law of international criminal tribunals confirms that expert testimonies are indispensable for establishing the truth and conducting fair criminal proceedings. Experts are appointed from diverse and broad fields, often specializing in unusual areas of expertise not typically used in criminal proceedings before national courts. This study presents the case law of ad hoc International Criminal Tribunals and the International Criminal Court regarding expert evidence, in particular, decisions defining the procedural standing of an expert and the scope of their opinion. Judicature regarding the evidentiary value of findings contained in expert testimonies prepared for international criminal proceedings will also be presented.
Legal Responses to Daesh Returnees: Kosovo and Tunisia in Comparative Perspective
This article explores the legal and institutional responses to individuals returning from territories previously controlled by the so-called Islamic State (Daesh), with a particular focus on women and children. It examines the intersection of international humanitarian law, international human rights law, and United Nations Security Council resolutions (notably 2178 and 2396), highlighting the normative and procedural dilemmas faced by states in balancing national security with international legal obligations. Through a comparative analysis of Kosovo and Tunisia – two states with distinct legal architectures and geopolitical alignments – the study identifies key inconsistencies in the classification, prosecution, and reintegration of returnees. Drawing on primary fieldwork conducted between 2019 and 2024, including interviews, court observations, and case studies, the article assesses legal frameworks, evidentiary challenges, and the role of informal justice mechanisms. It finds that current national approaches are fragmented and often lack gender sensitivity, procedural safeguards, and child protection measures. The study proposes a typology of national legal responses – punitive, preventive, and restorative – and offers recommendations for international harmonization, regional cooperation, and the development of rights-based, reintegrative legal models. Ultimately, the article argues for a paradigm shift from securitization to accountability and reintegration in the governance of Daesh returnees.
Italian, European and International Constitutional Views Between the Parliamentary Imperative Mandate, Its Prohibition and the Phenomenon of ‘Transfughismo’
The age-old issue of the so-called “transfughismo” has sometimes particularly incisive consequences on the dynamics of democracy as well as on opposition-majority relations. “Transfughismo” is the defecting of parliamentarians, once elected in a certain parliamentary group, who then switch to another parliamentary group, usually in support of the Government. The impact of this so-called “change of uniform” undoubtedly concerns aspects of political nature, nevertheless the origin of the problem is purely constitutional. Most of the Charters, both in Europe and outside its borders, provide for the prohibition of the imperative mandate: they consider the parliamentarian to represent the entire nation. The comparative debate is leading constitutionalists and institutions to reflect on the reintroduction of the imperative mandate, that is the obligation of the deputy or senator to strictly comply with the indications of the Party or parliamentary group, under penalty of forfeiture of the positions they hold in the Parliament, including the role of parliamentarian tout court. The elected, with the introduction of the imperative mandate (as is already provided for in some Constitutions, i.e., the Portuguese one), does not represent the nation but the party that nominated him. This paper examines numerous European, American and Asian constitutions, scrutinizing their similarities and differences, thus reflecting on which path could be most consistent with the most recent law amendments, the material constitution’s change and the voters’ actual expectations. Particular attention will be given to the institutions of the Popular recall, the Abberufungsrecht, the Amtsenthebungsrecht and the Impeachment.
Joint Rights Dissolution in Ordinary Legal Transactions in the Context of Tax Legislation
The tax law system provides for the taxation of numerous legal events (or their financial consequences), including special types of legal transactions aimed at dissolving joint ownership of property or property rights held by more than one entity. Within the scope of common civil law transactions, these include the dissolution of co-ownership, the division of an inheritance, and the division of joint property held by spouses. The law clearly defines the principles of the tax liability with regard to the first two categories of transactions, while extending this liability to the division of joint property of spouses is debatable. In this paper, the author presents issues that arise under the tax legislation related to the aforementioned transactions and suggests solutions.
Artificial Intelligence in the Public Sphere: Legal and Security Culture in the EU
This article analyzes the impact of the development of artificial intelligence (AI) on the public sphere and its consequences for political, security, and legal culture. The paper describes how the advancement of AI forces a reinterpretation of existing legal, ethical, and philosophical assumptions. It focuses on the new European Union regulation concerning AI, which balances the need for innovation with the obligation to protect citizens’ rights, highlighting AI’s role in shaping international interactions and public policy. The article also addresses challenges related to disinformation, human rights, and the potential future risks associated with the use of AI.
Providing Public Services to Citizens via the ePUAP Platform
The provision of public services via the ePUAP platform contributes to the correct functioning of public administration in the digital sphere. A conducted study shows that an increasing part of society uses online public services, which increases citizens’ trust towards e‑administration and enhances the efficiency of communication between a public administration body and stakeholders. Moreover, the provision of e-administration services enables the society to strengthen their participation in administrative processes without visiting the office and contributes to reducing costs related to the functioning of public administration. Additionally, e-administration makes it possible to solve issues reported by citizens more quickly, which further increases citizens’ confidence in public authorities.
How do Ideological and Cultural Perspectives Influence Perceptions of Power Legitimacy? an Empirical Inquiry
This paper investigates the evolution of the concept of power legitimacy, focusing on the interplay between political, sociological, and legal perspectives. It highlights the distinctive contributions of Polish scholarly interpretations to the broader global academic dialogue, offering unique empirical insights. Through an empirical analysis conducted via a questionnaire among a diverse participant pool, the study probes the ideological aspects of power legitimacy. This approach integrates modern viewpoints with established theoretical frameworks, enriching our understanding of the complex nature of legitimacy. The objective is to deepen insights and foster scholarly discussion on how ideology, law, and societal acceptance converge to define legitimate power, thereby making a significant empirical contribution to the field.
Constitutional Referral and Dialog Between the Constitutional and Ordinary Courts in Georgia
Constitutional referral is an important procedural tool for the protection of the supremacy of the constitution and human rights, which originates from European law. The Institute of Constitutional referral ensures the growth of the efficiency of the ordinary courts’ activities, the implementation of constitutional principles in justice and the establishment of a high standard of protection of human rights. The judicial system, which is represented in Georgia in the form of ordinary and constitutional courts, considers the institution of constitutional referral as one of the important forms of legal relations between these bodies. But does the practice of using constitutional referrals, its normative regulation, and legal activism determine the legal dialogue between the judicial authorities in Georgia? The purpose of this article is the assessment of the ordinary courts’ involvement in the implementation of constitutional justice and the constitutional referrals’ effectiveness. For this purpose, the article analyzes the role of ordinary courts in the process of safeguarding constitutional legality, the place of constitutional referral in the Georgian model of constitutional review, its normative characteristics and the standard of reasoning required for constitutional referrals. The article identifies corresponding shortcomings, the resolution of which should ensure the effectiveness of constitutional referrals in terms of guaranteeing a high standard of protection of fundamental rights and the establishment of constitutional legality.
Deregulation of Appeal Procedure in Administrative Proceedings
The article contains an analysis and assessment of normative changes in Polish administrative proceedings made by the legislator as part of deregulatory measures. These measures covered, in particular, the area of appeal proceedings, where the standard of procedural protection is determined by the principle of two-instance proceedings. Legislative interference in the procedural system of legal protection requires particular caution to ensure that, under the guise of improving the procedural situation, the legal guarantees of individuals are not restricted. The amendment to the Code of Administrative Proceedings affects the scope of the adjudicative powers of the authorities of instance course, in particular the cassation competence of appeal authority, and is yet another legislative intervention in recent years in the construction of cassation decision of the second instance authority. The legislator’s efforts focused on strengthening the impact of the factual and legal assessment made by the appeal authority in a decision repealing the contested decision and referring the case back to the first instance authority for reconsideration. The explicit articulation of the binding force of the instructions and guidelines of the appeal authority fulfils the idea of jurisdictional integrity in the course of administrative instances, but it is also another manifestation of the legislator’s re-evaluation and new perspective on the principle of two-instance administrative proceedings.
The Legality of Unilateral Measures in Reaction to Human Rights Violations Committed by a Third State Against Its Nationals
Currently, there is no universal international mechanism that would allow the international community to effectively react to flagrant human rights violations that a State commits against its own nationals. That is why States, aware of the shortcomings of the international legal system, often decide to unilaterally react to flagrant human rights violations committed in third States against the nationals of those States. In general, States can use two unilateral tools to react to violations of international law: retorsions and countermeasures. The question this raises is, however, whether they can also be used to address human rights violations as described above. The current paper is aimed at addressing this issue. The paper starts with general definitions of retorsions and countermeasures, and then moves on to discuss their applicability to cases of violations of human rights in third States committed against the nationals of those States.
Main Reasons for the Ruling of the Provincial Administrative Court
The article discusses the essence and function of the main reasons for the decision of the provincial administrative court, also known as oral grounds of the decision. The text analyses their role in the process of issuing and announcing the judgment, the procedural, communicative and legal consequences of their submission after the announcement of the operative part of the judgment. Issues related to the procedural significance of the main reasons for the decision, shaping their content by voting and the conditions for communicating them at the court session were discussed. Arguments were also presented in favor of the thesis that the court is not bound by the oral grounds of the judgment when preparing the written reasoning.
Legal Safety Guarantees for Individuals in Polish Administrative Proceedings – Selected Issues
This article discusses the issue of legal certainty guarantees for individuals in Polish administrative proceedings. We begin by looking at legal certainty guarantees for individuals in general terms. We present the general assumptions and views of the science accompanying the subject matter. This issue is further developed and detailed in the discussion of guarantees of legal security of individuals in Polish administrative proceedings. We show that the Polish legal system contains normative regulations, also in the form of principles, which are crucial for the implementation of the guarantees in question. We are guided by the assumption that such principles, even if they are extremely valid and sound just and proud, must be followed by specific legal provisions. This is to ensure that the postulates and principles are actually implemented, thus preventing them from becoming mere facades. Next, we present selected issues related to the legal security of individuals in the Polish Code of Administrative Procedure. We discuss the institution of waiver of the right of appeal and administrative mediation. Finally, we present the results of our own research on administrative mediation conducted on a research group of ten municipalities. We also present statistical data on administrative court mediation. We also propose some solutions of a de lege ferenda nature.
The Punitive Measure of Demotion after Amendments to the Criminal Code Introduced on 7 July 2022
Demotion is considered to be one of traditional measures of repressive nature imposed on soldiers. This punitive measure is an important element of the punishment system in Polish military criminal law. This article is aimed at determining whether the amendment of the Criminal Code of 7 July 2022 fulfilled all the goals intended by its drafters. The author of this article intends to reconstruct and provide a critical analysis of the currently applicable model of ordering the punitive measure of demotion. A number of research methods were applied to conduct the assumed research. Most of the paper uses the formal dogmatic method earmarked at analyzing the legal provisions currently in force. Additionally, the paper uses the method of axiological analysis of the law. That method was used to determine socially relevant values, which the legislature brought to the forefront while enacting the amendments. The historical legal method was used as an auxiliary tool, to a small extent, while analyzing the legal provisions previously in force.
A Gloss on the Case of the Wills and Inheritance of Ignacy Jan Paderewski
On June 29, 1941, Ignacy Jan Paderewski (1860-1941), an outstanding pianist, composer, and politician of international renown, ended his life at the Buckingham Hotel in New York. His life and work have already been the subject of extensive historiography, comprising around a thousand publications at the beginning of the 21st century. However, among these numerous Paderewian studies, it is difficult to find works that deal with the Master’s wills and his considerable estate. This gloss is devoted to explaining certain issues concerning the last two wills of Ignacy J. Paderewski from 1929 and 1930, as well as the case of his half-siblings, Józef and Maria, the heirs to his estate. It is based on archival materials stored in the State Archives in Bydgoszcz, in particular documents and materials from the inheritance proceedings that took place in Bydgoszcz between 1947 and 1952, as well as the minutes of Józef Paderewski’s rehabilitation hearing of May 23, 1946.
The European Standard of Protection of Medical Data
The aim of the study is to interpret the normative structure of the European standard for the protection of medical data as shaped in the case law and practice of the European Court of Human Rights. Adopting a dogmatic-legal approach, the author analyses the following cases: Z v. Finland, I v. Finland; Mockutė v. Lithuania; P. and S. v. Poland, M.S. v. Sweden; Konovalova v. Russia; Frâncu v. Romania; and Y.G. v. Russia in order to identify its elements. This analysis concludes that the standard for medical data limits the permissible extent of State Parties’ interference with individuals’ right to privacy concerning the collection, processing, and storage of their health information. It also designates the State Parties to the Convention as the entities responsible for both positive and negative obligations, while recognizing every individual as the rights holder.
The Scope of Activities of Municipalities in the Republic of Poland
The municipality plays a very important role in the structure of the state as it is the basic territorial unit formed by the local community of residents. It is a fundamental public institution which also serves as the basic unit that carries out public tasks. This study is an analysis of the current legal provisions regarding the tasks assigned to the municipal government. The basic issues regarding the catalog of tasks performed by the municipality for the community of local government residents are discussed.
The Obligation of the Minister Responsible for School Education to Cooperate with Religious Associations in the Organization of Religious Education in Public Schools: A Comparative Analysis of the Legal Systems of Poland and Hungary
The article constitutes an in-depth legal and comparative analysis of the duties and competences of the Minister of Education in Poland and Hungary in the field of religious instruction in public schools. The structure of the article is composed of several key sections: The authors emphasize the importance of cooperation between the state and religious associations in implementing religion-related educational functions. The discuss constitutional frameworks and international agreements, particularly the Concordat between the Holy See and the Republic of Poland, which define and limit the Minister’s authority in matters of religious instruction. The authors analyze statutory provisions governing the Minister’s responsibilities, including the legal requirement to act “in agreement” with churches and religious associations. Particular attention is given to practical applications of these legal norms and the differences between the Polish and Hungarian legal systems. De lege ferenda conclusions present the main findings of the comparative analysis and puts forward de lege ferenda recommendations for legislative reforms.
Territorial Autonomy as a Determinant of Local Government – an Overview of the Issue
It has been exactly 25 years since local government was introduced at all three levels of the fundamental territorial division, which raises the question of the correctness of the solutions adopted in the context of territorial autonomy. At the municipal level, local government is authentic, with all its attributes, including the territorial autonomy of that level. Nevertheless, is this also the case with higher-level units, i.e., counties and provinces? Here, the answer is not so obvious. “Territorial autonomy” does not have a strictly defined legal content. It is a general and relative concept, which is difficult, if not impossible, to define. One thing is sure, however: this concept embodies an idea that shapes the legal system governing the organizational and territorial structure of the state. It concerns the division of power between the center and the regions, taking into account the processes of centralization and decentralization. It seems that the concept of “territorial autonomy” can be explained by considering the relationship between the interests of the “territory” and the interests of the state as a whole. The main conclusion of these considerations is the assumption that territorial autonomy exists when the interests of individual territorial units acquire the characteristics of an independent legal entity, i.e., legal provisions create a particular permanent sphere of activity for local authorities that is free from the domination of the interests of the state as a whole. It is a normative construct based on the assumption that, in addition to national tasks that are uniformly implemented throughout the country, the legislator defines tasks that are independently shaped and implemented by local authorities and are specific to their jurisdiction. This, in turn, is part of the essence of local government. This reasoning allows us to accept the fundamental thesis of the considerations undertaken on the determining role of territorial autonomy in the concept of local government.
Artificial Intelligence Development and Safety Committee as a New Oversight Body – Considerations in Light of the Artificial Intelligence Systems Bill
The purpose of the paper is to discuss and analyze the regulations concerning the establishment of a new Polish supervisory authority, i.e. the Artificial Intelligence Development and Safety Commission included in the draft of AI Systems Act. The research intention, on the other hand, is to answer the question of whether it is necessary to establish a new supervisory authority for the implementation of the AIA and, if so, whether the adopted solution meets the independence criteria set out in Article 70(1) of the AIA. The considerations presented in the study allowed us to give, in principle, a positive answer to this question. The study used a comparative legal method.
Towards a Concept of Universal Harm – War Ethics from Saint Augustine to Modern International Law
This article advances “universal harm” as a legalethical category for acts that disrupt both the social order and the cosmic/ecological order on which life depends. Bridging intellectual history (Augustine, Aquinas, Vitoria, Grotius) and contemporary doctrine, the author shows how modern warfare – especially nuclear weapons and depleteduranium (DU) munitions – exceeds traditional humanitarianlaw frames by inflicting longlived, transboundary and intergenerational damage. A comparative analysis of jurisprudence (e.g., Shimoda on the atomic bombings; Overseas Hibakusha; Italian case law granting administrative indemnities to soldiers exposed to DU) and international instruments (UN/UNEP, EU, Earth Charter) reveals a persistent recognition gap: the law mitigates consequences but rarely recognizes or repairs universal harm, partly due to narrow causality tests and a fragmented application of the precautionary principle. Conceptually, the paper situates war within a wider “diffused war” topology that entangles states, private actors, ecosystems, and future generations, weakening the rule of law. Normatively, it calls for (i) codifying universal harm as a ground of erga omnes state responsibility, (ii) adopting treatylevel moratoria/bans on DU and other ecociderisk weapons, (iii) shifting from ex post compensation toward restorative obligations (ecosystem remediation, health protection), and (iv) integrating constitutional, humanrights, and environmental law around a biospherecentred precautionary standard. The result is a peaceoriented legal agenda that aligns security with the stability of biospheric processes and the dignity of present and future life.
Criminal and Disciplinary Proceedings against Władysław Siła-Nowicki Before the Courts of the People’s Republic of Poland (1959-1984)
This article aims to present a fragment of the biography of Władysław Siła-Nowicki, a lawyer and defence counsel in political trials during the period of the People’s Republic of Poland. He practised law from 1959 to 1984. During this period, his uncompromising courtroom stance led to repeated disciplinary penalties, criminal roceedings, and temporary deprivation of his right to practise law. Thanks to his courage and willingness to make sacrifices in defence of his clients, he earned public recognition and respect. The article is also intended as a contribution to broader reflections on the status of the legal profession under a communist state.
Annulment of Marriage after Its Dissolution
This article analyzes the legal grounds for annulment of marriage after its dissolution. Despite its vital social consequences, this issue has received little attention from the academic community. In the Polish legal system, a marriage cannot generally be annulled after its dissolution, except for two cases. The first is close kinship (incest), and the second is bigamy. These two exceptions will be discussed in this article, both in the context of substantive and procedural law. Interpretive doubts concerning annulment regulations and the proposal to amend the provisions of the Family and Guardianship Code will also be addressed.
Processing of Classified Information in the Information and Communication Technology Systems of Public Universities
The processing of classified information in public universities is a subject that has not attracted considerable interest in the literature. Meanwhile, the role of classified information in administrative, personnel or disciplinary proceedings cannot be overstated. These materials enable proper functioning of the university in administrative and often also civil law transactions. However, improper handling of classified information in these proceedings can have deleterious consequences. For this reason, the knowledge regarding the gathering and use of classified information in practice should be systematically expanded, particularly among university employees who increasingly process such data.
The Right to Education of Children with Disabilities in Poland vis-a-vis the Convention on the Rights of Persons with Disabilities – Inclusion or Exclusion?
The article examines the Polish legal system in terms of the education for children with disabilities through the lens of Article 24 of the Convention on the Rights of Persons with Disabilities, which enshrines the universal right to education on an equal basis with others. In Poland, three parallel educational models coexist: segregated (special schools), integrated (integration schools and units), and inclusive (mainstream public schools), with the choice of educational path formally left to parents. The study critically analyses whether this pluralistic architecture fulfils the Convention’s requirement of inclusion as the primary model of education. The article argues for a systemic reorientation of educational policy towards full inclusion: strengthening public schools as the primary educational environment, removing structural barriers through accessibility and reasonable accommodation, and gradually phasing out segregated solutions. Such a strategy is necessary to ensure the effective implementation of Article 24 of the Convention and to guarantee children with disabilities equal and meaningful access to education.
Raw Materials Policy – Legal and Educational Aspects
The article is devoted to the legal aspects of creating a raw materials policy in Poland, based on European Union solutions and pedagogical aspects related to the process of raw materials education. The authors attempt to analyze new legal solutions being prepared in the legislative process and point to the need for action in the field of education and training in the area under analysis. The authors conclude that without a solid educational foundation, society will not have reliable knowledge about the need to develop and implement raw materials policy.
Disqualification of an Expert Witness for Reasons that Undermine Confidence in His Knowledge and Impartiality – Reality versus the Legal Norm of Article 196(3) of the Code of Criminal Procedure
Criminal procedural law doctrine emphasizes that the evaluation of evidence is continuous and also encompasses expert opinions, which, because they are based on specialized knowledge, require verification using objective criteria such as methodological accuracy, coherence of argument, and compliance with the current state of science. However, practice shows that procedural authorities often accept expert opinions uncritically, leading to deficiencies and violations of fair trial standards. Of particular significance in this context is the wording of Article 196(3) of the Code of Criminal Procedure, which apodictically requires the appointment of another expert if circumstances are substantiated that undermine confidence in the expert’s knowledge or impartiality. Despite the precise wording of the provision, this regulation is often marginalized, which favors the acceptance of flawed opinions and, consequently, increases the risk of procedural errors that can even lead to wrongful convictions.
Constitutional Guarantees for the Protection of Taxpayers’ Rights
The subject matter of protection of taxpayers is crucial, both from the theoretical and practical point of view. Tax law is a branch of public law which involves, among others, interference in the property sphere of the obliged entity. In addition, the unequal position of the parties to the tax law relationship and the method of its regulation require the development of instruments to protect taxpayers’ rights, also at the constitutional level. These premises provided a springboard to carry out an in-depth analysis of legal measures relevant to this case. Therefore, the research looks into the provisions of the Constitution of the Republic of Poland and views of legal scholars and commentators. Particular attention is paid to the established line of judicial decisions of the Constitutional Tribunal. The findings provide a basis for the conclusions.
Protection of Whistleblowers vs. Protection of Personal Data
Directive 2019/1937 on the protection of whistleblowers and Regulation 2016/679 (GDPR) on data protection are key legal instruments safeguarding individual rights within the European Union. Despite their shared objective of protecting individuals, their concurrent application presents practical and legal challenges. To ensure compliance, organizations must adopt integrated mechanisms that reconcile whistleblower protection with data privacy obligations. This article explores the need for a coordinated approach that enables effective implementation of both frameworks, emphasizing the importance of legal clarity and operational balance in practice.
Carriers Responsible for Damage in the Carriage of Goods Performed by Several Carriers
This article aims to determine against which of several carriers involved in the performance of unimodal transport (by means of one mode of transport) the person originally entitled (sender or recipient of the consignment) may pursue claims for damages arising in connection with such transport. It comments on the provisions of international conventions governing in a uniform manner the contract of carriage in rail, air and road transport (RU/CIM, Montreal Convention, CMR) and in Polish domestic law (Civil Code, Transport Law). The discussion addresses two types of transport performed by several carriers – successive carriage and subcontracted carriage. The author points out the diverse regulations provided in the conventions, with their evolution intended to eliminate the differences between successive and subcontracted carriage by introducing joint and several liability of the contracting carrier and his subcontracting carrier for damage caused by the latter and allowing the possibility of direct redress by entitled persons against the subcontracting carrier. This solution, as well as changes in the market of transport services (liberalisation, demonopolisation), deems, in the author’s opinion, the institution of successive carriage redundant. Therefore, the paper postulates that it be abandoned in the future Polish regulation of the contract of carriage, with the introduction – as do the RU/CIM and the Montreal Convention – of the possibility for the entitled person to pursue claims against the subcontracting carrier for damages caused by him.
Trader Information Requirements as per EU Regulation 2023/988 on General Product Safety (GPSR) and Consumer Protection in the E-Commerce Market
The article presents the obligation of economic operators to provide information in the field of general product safety, as introduced by Regulation (EU) 2023/988 (GPSR) of the European Parliament and of the Council on general product safety. The objective of the present study is to demonstrate the impact of these legal regulations on enhancing the safety of non-food products. The central argument of this thesis is that the obligation to inform imposed on traders by the GPS Regulation serves to bolster consumer protection within the e-commerce market. The provision of reliable safety-relevant information facilitates a more thorough evaluation of the product, thereby mitigating the risk of consumers purchasing hazardous goods. This, in turn, serves to uphold the core value of public economic law, namely the consumer right to be informed.
Suppression (Dissolution) of Parishes Pursuant to the Provisions of the Canon Law
In Canon 515 § 2 of the 1983 Code of Canon Law, the ecclesiastical legislator stipulates that “[...] the abolition of parishes, [...] belongs exclusively to the diocesan bishop, who may not [...] abolish them, [...] without hearing the council of priests.” Although a parish, as a defined community of the faithful, is erected on a permanent basis in the particular Church, the legislator himself provides for the possibility of its liquidation when the appropriate canonical prerequisites for this occur with the prescribed procedure. The subject of this submission is the issue of the liquidation of a parish in terms of the norms of canon law. The article is an attempt to answer the questions – problems: whether there is the possibility of liquidation of a parish and what are the reasons for this, which ecclesiastical authority is authorized to abolish a parish, and what is the case of the procedure associated with this act.
The Moral Authority of the Bishop and his Importance for the Community of Believers. Selected Aspects
The authority of the bishop, and in particular moral authority, belongs to the essence of the Gospel message, that is, to the nature of the Catholic Church, and is the basis for fulfilling its mission. It means that whoever is considered such an authority has special prerogatives, e.g. he knows more and better, has good will, etc., just like a good parent in a family. In this perspective, the position of the current Pope Francis is important, who, attaching great importance to what bishops in the Church should be like, states that bishops should be obedient to him, have a broad vision of the Church and reality, be men of prayer, should preach the Word of God and contribute to the unity of the faithful. An important answer to why such a requirement is made is given by Cano. 1752 of the 1983 Code of Canon Law, stating: salus animarum suprema lex (the salvation of souls is the highest law). This passage has in its eloquence a character summarizing the entire legal norm in the Church, built on Catholic theology and ethics. It has indeed been entered into the procedural rules for the transfer of parish priests, but its wording remains (for example, for a moral theologian or canonist) particularly significant. It is based on the fact that if a person is guided by the imperative of conscience, then his obedience results from the fear of sanction, not an external one, but an internal one.
Principles Concerning the Operation of Church Institutions of a Missionary, Charitable and Welfare Nature (Article 21(1) And 22(1) of the Polish Concordat)
The 1993 Concordat between the Holy See and the Republic of Poland (ratified in 1998) provides a crucial legal framework for the Catholic Church’s activities in Poland. Among its provisions, Articles 21(1) and 22(1) affirm the Church’s right to carry out its missionary, charitable, and welfare works, and obligate the Polish State to treat these works on par with similar state activities. These articles are grounded in both legal and theological principles. Legally, they reflect Poland’s constitutional commitment to Church-state cooperation for the common good (Article 25(3) of the Polish Constitution). Theologically, they echo the Catholic teaching that evangelization and acts of charity are integral to the Church’s mission. This paper presents the analysis of these Concordat provisions, explaining the legal guarantees they establish and the theological rationale behind them, with references to Polish law, canon law, and authoritative commentaries.
Concern for the Family in the Pastoral Letters of the Bishops of Tarnów Between 1918 and 1939
The family is the centre and the heart of the civilisation of love and marriage is an institution by natural law. The bishops very often called on the faithful to guard the family against various social, economic and political threats. Attacking marital identity is the direct destruction of the family. This was also pointed out by the bishops of Tarnów in the interwar period. This article aims to present the pastoral teaching of Bishop Leon Wałęga and Bishop Franciszek Lisowski on the subject of concern for the family. This article will address the issues of threats to marriage and the family. In this matter, the bishops of Tarnów were also inspired by the preaching of Polish bishops. In this context, Bishop Wałęga and Bishop Lisowski emphasised that the upbringing of children is the fundamental task of the Christian family. However, upbringing cannot be effective without the good example set by the parents. Finally, this article discusses the duties of children towards their parents, among others: respect, obedience and love. The pastoral letters of the bishops of Tarnów in the interwar period are undoubtedly an important and significant element in the history of the Diocese of Tarnów in their message and broad references.
Orthodox Religion Teaching in a Public School in the Greek Republic. Law and Education Perspective
Teaching Oorthodox religion in schools in the Hellenic Republic is compulsory and has firm legal foundations as well as original educational solutions within the European Union. The subject of this analysis are: constitutional norms, laws, regulations and relevant literature. The article presents the religious demographics, denominantional relations in the Hellenic Republic, constitutional foundations of religious education, freedom of conscience and religion, the legal status of teachers, the structure of education, and curriculum. Religious education includes both catechetical and religious studies elements, with emphasis on the latter. The Greek legal system protects religious and ethical dialogue, which guarantees pupils the right to exercise freedom and conscience. This is expressed in the possibility for pupils to obtain exemption from compulsory participation in religion classes. Although the current multiculturalism of Greek society and globalization mean that the denominational nature of religious education is met with criticism, the link between teaching the Orthodox religion and education remains strong and is generally accepted by Greek society.
The Significance of Canon 1311 in the Revised Book VI of the 1983 Code of Canon Law
In 2021, Pope Francis promulgated a revised version of Book VI of the 1983 Code of Canon Law, introducing a variety of modifications to the existing canon law and new categories of canonical offences. Following these revisions, the entire Code was re-translated into the Polish language. The article focuses on Canon 1311, which has been reformulated to include two paragraphs, replacing the single-paragraph structure of the previous version. The authors highlight the significance of this canonical norm for understanding the Catholic Church’s penal law.
Final Document of the 2024 Synod of Bishops. An Important and Practical Summons to Reform the Present Synodal Church
Institution of the Synod of Bishops was established by Pope Paul VI in motu proprio Apostolica sollicitudo dated September 15, 1965, in which, among other things, it can be read that it is established and directly subordinated to the Bishop of Rome. Paul VI also indicated that the general aim of the Synod of Bishops is intentional expression by the episcopate of its participation in the obligations of the Bishop of Rome, as well as joint responsibility for the entire Church. Pope Francis himself in his teaching and undertaken decisions very clearly desired to boost the dynamics of the meaning and role of the Synod of Bishops in the present Church even more. This was very explicitly expressed in his practical statements of the Episcopalis communio (2018) apostolic constitution. In his final speech on October 26, 2024, delivered during the second session of the Sixteenth Ordinary General Assembly of the Synod of Bishops Pope Francis communicated that he did not intend to issue an apostolic exhortation due to the completed works of the Synod of Bishops; he indicated that the final document of that Synod of Bishops is sufficient. He ordered to publish it in order to be itself, together with the guides included in it, a handbook for the mission of the present Church that is carried out on various continents and in different contexts. Presentation and analysis of this document that was prepared synodally and that is important for the present Church will be preceded with a short reflection on the role and meaning of the Synod of Bishops in the present Church. That reflection seems to be necessary as in 2025 there is exactly sixty years since that central institution of the Church has been established by Pope Paul VI in 1965, i.e. still during the session of the Second Vatican Council.
The Proper Participation of the Christian Faithful in the Celebration of the Sacred Liturgy
According to the Constitution of the sacred liturgy Sacrosanctum Concilium “Mother Church earnestly desires that all the faithful should be led to that fully conscious, and active participation in liturgical celebrations which is demanded by the very nature of the liturgy. Such participation by the Christian people as a chosen race, a royal priesthood, a holy nation, a redeemed people […], is their right and duty by reason of their baptism” (no. 14). The aim of the article is to analyse the juridical and liturgical norms governing the participation of the lay Christian faithful and the role of the choir in liturgical celebrations.