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
Doubts as to the Constitutionality of Article 66(1)(5)(B) of the Law on the Bar Act – Outline of the Problems
The purpose of this paper is to draw attention to the doubts concerning the constitutionality of Article 66(1)(5) of the Law on the Bar Act to the extent to which it requires a total of 3 years of professional experience from persons holding the academic degree of doctor of juridical sciences (social sciences in the discipline of juridical sciences) with Article 2, Article 32(1) and (2), Article 65(1) of the Constitution of the Republic of Poland, in a situation where it does not require any practical experience from persons holding the academic degree of post-doctoral degree (doktor habilitowany) and the title of professor. The research problem described in the article was presented in a historical perspective. The inconsistency of the Act with the legal system concerning the analysed issue was also pointed out. In conclusion, the powers of the administrative court to consider the potential unconstitutionality of the indicated provision in a specific case were indicated. It was also reminded of the possibility of filing a constitutional complaint by citizens who believe that their constitutional freedoms or rights have been violated. Attention was also drawn to the possibility of submitting a request to the Commissioner for Human Rights who can use his powers, such as a general speech to the Minister of Justice.
Copyright (c) 2025 Teka Komisji Prawniczej PAN Oddział w Lublinie
Auxiliary Units of the Commune – from Evolution to the Directions of Change
Auxiliary units of the commune are a key element of the reborn system of local government. Thirty-five years of the functioning of local government is an opportunity to reflect on the legal position of auxiliary units of the commune, both in an evolutionary context and de lege ferenda proposals. Contemporary local government faces new challenges in organizational and functional terms, hence, the role of auxiliary units of the commune is becoming more significant and should be viewed through the prism of current needs and the possibilities for implementing tasks of local communities. The article presents the stages of evolution of auxiliary units that have influenced the current shape of the local community and the way the commune carries out its own tasks. Four models of directions for change (from the most progressive to the conservative one) have been proposed, which the legislator faces in shaping the legal position of the auxiliary unit of the commune.
The Legal Representative and the Witness in Civil Procedure. Remarks on the Duties of the Advocate/Attorney-at-Law and the Direction of Statutory Change
The situation of an advocate/attorney-at-law appearing in civil proceedings both as a legal representative and witness is controversial because it goes beyond the scope of providing legal assistance. This poses a threat to his or her independence and the obligation to maintain professional secrecy. Combining these procedural roles at the same time is negatively perceived by organizations of legal professions, hence the prohibition, resulting from ethical rules, on proposing a motion for the questioning of an advocate/attorney-at-law as a witness, or the inability to provide legal assistance in the case if the lawyer testified as a witness about the circumstances of the case. Such a situation is formally possible, as the Code of Civil Procedure does not prohibit testimony by a professional legal representative of a party. The protection of professional secrecy is ensured by the right to refuse to answer a question if the testimony would entail a violation of essential professional secret (Article 261(2)). The obligation to keep professional secrecy under the Law on Advocates and the Act on Attorneys-at-Law prevents an advocate/attorney-at-law from testifying about circumstances related to the legal assistance provided, also in the case of the consent or request made by the client being represented. With this respect, there have been drafts to amend the civil procedure, but each of them is flawed. Under the draft law of 2018, the advocate/attorney-at-law had the right to refuse to testify about circumstances covered by professional secrecy, but it provided for the court’s right to exempt the advocate/attorney-at-law from professional secrecy, in a way similar to the provisions of criminal procedure. The second draft, which is now at the stage of the legislative process (after the petition of 2019 was filed), rules out the possibility of testifying as a witness by a legal representative. This amendment raises a lot of reservations, and in its modified version, submitted as part of public consultation by legal professional associations, boils down to petrifying the protection of advocate/attorney-at-law secrecy in civil proceedings. This is a risky solution, as it may lead to a restriction of the right to a fair trial on the level of evidence taking by rendering it impossible, in special situations, to weigh this value and protection of the client’s interest against the value of the protection of professional secrecy.
Requirements Concerning the Qualities of a Candidate for the Episcopacy in Medieval and Contemporary Ecclesiastical Normative Acts
The author deals with the qualities that a candidate for the episcopacy was expected to have in the Middle Ages and should have today. Such requirements are found in medieval, modern, and contemporary normative ecclesiastical acts. The current basic requirement is found in Boni Pastoris Imago. The other requirements are divided into eight categories: canonical, non-canonical, human, spiritual, intellectual, pastoral, sentire cum Ecclesia, and social requirements.
The Legal Development of Land Tenure in the United States: History, Politics, and Economic Power
Land ownership in the United States is a fundamental economic, social, and legal development issue. This study examines the development of American land ownership from the colonial period to the present day, influenced by legal precedents and state policy. Through legal analysis, the impact of the Discovery Doctrine and Johnson v. M’Intosh decisions on Aboriginal land ownership is discussed, the role of the Homestead Act in the process of land democratization and its subsequent stage in the context of the mechanism of corporate land ownership. The study also analyzes the importance of the social function of land and the state’s role in managing land ownership. International comparative analysis contributes to a better understanding of the features of the American land ownership model and its contemporary problems.
Entry Conditions, Rights and Obligations of Ukrainian Citizens, According to Hungarian Law
The escalation of the war in Ukraine on 24 February 2022 triggered one of the fastest growing humanitarian emergencies in recent history. Hungary is both a transit country and a destination for people fleeing conflict in Ukraine. Central and local government institutions, civil society, and non-governmental organizations have taken on the task of providing essential support to refugees arriving from Ukraine. The purpose of the paper is to show how Hungary has dealt with the new migration situation and also what policy Hungary is pursuing towards Russia and Ukraine.
Exploring Antisemitism Through Legal, Political, and Linguistic Perspectives with Insights on Shifting Perceptions Through Holocaust Education
This paper explores the enduring issue of antisemitism, framed as “the oldest hatred,” through an interdisciplinary lens that integrates legal, political, and historical perspectives. By examining the persistence and evolution of antisemitism in modern society, the study underscores the importance of Holocaust education as a critical tool for understanding and combating prejudice and discrimination. Grounded in the analysis of existing legal frameworks, including those established by the International Holocaust Remembrance Alliance (IHRA) and the European Court of Human Rights, the paper investigates how state policies and linguistic manipulation have historically reinforced antisemitic ideologies. A Polish university academic staff survey reveals educators’ perspectives on Holocaust education’s relevance in contemporary education. The findings highlight the need for a multidimensional approach that fosters critical thinking, societal awareness, and empathy to prevent future atrocities. The study concludes that combining historical awareness, legal knowledge, and ethical engagement in Holocaust education is essential for combating rising antisemitism and fostering a more informed and inclusive society.
Review of the Supreme Administrative Court’s Judicial Decisions on Corporate Income Tax in 2019-2022
The article presents a review of the judicial decisions of the Supreme Administrative Court in the field of corporate income tax in 2019-2022. It emphasises the importance of the Supreme Administrative Court’s judicial decisions in shaping and interpreting tax law. Tax legislation and the interpretation of tax law cannot be fully considered without taking into account the importance of the judicial decisions of administrative courts. Court judgments, although they are not sources of law, have a significant impact on the structure of corporate income tax. The review of the case law of the Supreme Administrative Court is therefore crucial in this respect for understanding its impact on the structure of tax law and shaping the tax policy of the state. The analysis of judicial decisions shows a desire to extend the protection of individual rights and tax justice, as well as limit the practices of tax authorities and restore unjustly deprived rights of taxpayers.
Legal Cultures and Strategies for Implementing Artificial Intelligence Regulations. Case Studies of the United States, People’s Republic of China and European Union
The dynamic development of new technologies, primarily manifested in the rapid and uncontrolled improvement of artificial intelligence models, needs a discussion on the advisability of framing it within regulatory boundaries. Despite widespread interest and clear signalling of the need to control the development of artificial intelligence, a unified approach to the direction of legislative development in this area has not yet been established. Legislative bodies of countries worldwide, particularly those at the forefront of innovation, international organizations, and the creators and providers of modern technological solutions themselves present different attitudes and legislative strategies. The authors express the conviction that the current course of legislative work is dependent not only on objectively occurring factors, including the difficult-to-normatively-capture explosive technological progress, but in fact stems from the cultural characteristics shaping a given legal culture. The aim of this paper is to review and analyze law-making activities in countries/areas dominating the technological market, conditioned by different legal cultures, and to indicate the influence of legal culture on the shape of regulations governing artificial intelligence.
Principle of Continuity of Administrative Proceedings
The article discusses the essence, sources, content and meaning of the principle of continuity of administrative proceedings. The objective of administrative proceedings is to settle an individual case consisting in determining the legal situation of an individual in terms of rights and obligations in the public law sphere. This objective is achieved by the public administration authority by carrying out a series of orderly procedural actions consisting in the recognition and consideration of the case which is the subject of the proceedings. Continuity of proceedings is considered to be a universal principle inherent in any modern legal procedure. The principle of continuity is a directive that the proceedings should constitute a compact, uninterrupted course of procedural actions. The continuity of the proceedings is expressed by two features organising its course: uninterruptible character and integrity. The relevance of the continuity of administrative proceedings can also be determined through procedural facts and situations that interrupt the course of proceedings. Continuity of proceedings, expressed in the form of a procedural principle, can also be recognised as a procedural value.
New Challenges for Crossing the Schengen Border – Right to Asylum During Polish-Belarus Border Crisis
Artificially created wave of irregular migrants at the Polish-Belarus is considered as one of the greatest challenges for EU member states, in this case Poland, in terms of border management (as part of Integrated Border Management), national and EU security and finally fundamental human rights and safety of migrants that are attempting to cross the border in a illegal manner. The article analyzes the legal issues that have appeared during the practice of returning irregular migrants, who declare the intent to apply for international protection in Poland (practice of so-called pushbacks).
Customs and Fiscal Control and Tax Control
In Polish tax law, in addition to tax control and inspection activities, there is also customs and fiscal control, which covers not only tax law like the first two procedures, but also, among others, customs law, organizing and conducting gambling games or counteracting money laundering. The competences in the scope of customs and fiscal control are much broader than tax control and it could successfully remain the only typical control procedure in the Polish tax system. At the same time, instead of tax control, the head of the tax office should have broader competences within the inspection activities procedure.
The situation of Ukrainians in the Time of Russian Full-Scale Military Aggression
The objective of this article is to analyse the legal situation of Ukrainian nationals following 24 February 2022 from the perspective of migration processes. The analysis focuses on legal measures adopted at the level of the European Union, by Member States neighbouring Ukraine – exemplified by Poland – and by Ukraine itself. Ukrainians were given temporary protection, based on the provisions of Council Directive 2001/55/EC and Council Implementing Decisions (EU) 2022/382, both the acts having led to the adoption of uniform standards of their protection, which are to be observed across EU Member States. At the same time, each Member State has enacted separate legal instruments specifying the manner in which the refugees’ rights granted under EU law are to be exercised within its territory, thereby establishing the legal framework for a safe stay, along with the possibility of full participation in the host country’s economic and social life. With regard to the measures adopted by the Ukrainian authorities, it should be noted that they focus on reconciling the right to freedom of movement with the need to maintain the state’s defensive potential. Particularly, this is sensitive area, as it concerns, on the one hand, the exercise of one of the constitutional freedoms of Ukrainian citizens and, on the other hand, the necessity of ensuring state security, including its defence capabilities. The measures discussed indicate a graduał tightening of legal provisions aimed at preserving military capacity and preventing abuses intended to evade mandatory service in defence of the country. Furthermore, the legal situation of internally displaced persons, who have been granted social assistance by the Ukrainian authorities, is also addressed. The considerations taken in this article support the thesis that only coherent measures – at the level of the European Union, its Member States, and the Ukrainian authorities – can serve to stabilise the situation of Ukrainian nationals in the context of the ongoing Russian aggression.
Implementation by the Catholic Church of the Constitutional Principle of Cooperation with the Polish State in Favour of the Institution of Religious Marriage with Civil Effects
The competence to co-operate between the state authorities and the Catholic Church results both from the Constitution of the Republic of Poland of 2 April 1997, as well as from the Concordat and ordinary laws. The Polish state in many areas of social life (e.g. in the field of education, protection of monuments or charitable activity) is supported in achieving its goals by churches and other religious organisations. The cooperation may be spontaneous and rely on the convergence of activities of both entities, but it may also be contractual, i.e. agreed upon by their competent representatives. The aim of this paper is not only to present the legal regulations relevant to the cooperation between the state and the Catholic Church, but above all to show the practical side of the principle of cooperation in the area of actions taken by the Catholic Church for the benefit of marriage, especially that the Polish legislation, allowing for the possibility of concluding religious marriages on the territory of the Republic of Poland with civil effects, has extended the possibility of cooperation with religious organisations.
Hyperpositivism as a Safety Valve in a Post- Communist Legal System: the Case of Poland
The present paper suggests that hyperpositivism, considered a metanormative legal survival of the Communist rule in the Polish legal system, might serve as a safety valve preventing activities by public authorities that could destabilise the system. Hyperpositivism may entail a mental (even if only imaginary) barrier that stops those applying law from departing too far from the lexical meaning of a legal text. While the dangers of extreme formalism (or “ultra-formalism”) in the application of law, characteristic of hyperpositivism, are well-known, it might be the case that in a post-Communist system that has not matured yet after the transition to democracy, this feature of the system is a necessary element that keeps a precarious homeostasis in it. Its hasty removal – without other checks being established – may lead to chaos. The present paper indicates that recent months have seen some more abrupt cracks in the barrier of hyperpositivism, which are motivated rather instrumentally by the willingness to remove the legal changes made by the previous government and, allegedly, to restore the rule of law in Poland. In this process, non-formalist readings of legal texts have led some public authorities to ignore the decisions or even the existence of others. This seems to be destabilising the state in a geopolitical situation where stabilisation and consolidation should be sought instead. Without engaging in the ongoing political dispute, the paper, using the case study and dogmatic methods and drawing on a review of selected legal theoretical and comparative law literature, analyses two examples of such activities, including the outright questioning of the so-called “neo-judges” and the removal and appointments of the National Prosecutor’s office holders in 2024. In both situations, a more formalist reading of positive law would prevent dangerous consequences these situations are likely to produce for the legal system, the state and its citizens.
Migration Systems at the Regional, International Level and in the Republic of Moldova
Human migration is a major social phenomenon, which shows in the most effective way the changes occurring in the contemporary world. The difference in the level of development in different regions, the increase in international economic interdependence, progress in the field of mass media and transport, respect for the right of immigrants to family reunification, the increase in armed conflicts that lead to the appearance of an ever-increasing number of refugees and displaced people, are among the factors that generate population mobility. The phenomenon of international migration has always existed through transhumance, invasions, colonizations and crusades. There is no example in the history of any country that did not benefit from a dynamic demography that reflected to some extent on the economic or political situation of the country or that was constituted by an absolutely homogeneous population.
The Constitutional Protection of Freedom of Thought, Conscience and Religion: An Analysis of Related Crimes in Poland
Freedom of thought, conscience, and religion is a universally recognized right, enshrined in human rights catalogues and the constitutions of democratic states governed by the rule of law. This freedom is also protected in the 1997 Constitution of the Republic of Poland, specifically in its second chapter. This paper aims to examine Article 53 of the Polish Constitution and analyse the level of crimes that violate this provision in Poland.
The Use of Artificial Intelligence Tools by Tax Administration on the Example of Poland and Spain
The article concerns the use of artificial intelligence tools by tax administration on the example of Poland and Spain. Based on a concise description of the technology used by both the Polish and Spanish tax administration, special attention was paid to the threats to the protection of taxpayers’ rights related to its use. The research goal of this work is to determine whether the use of this type of solutions is within the limits of the law and to formulate proposals for solutions aimed at protecting the rights of the taxpayer as the weaker party in the tax legal relationship. The publication uses a dogmatic and legal method.
Electronic Person as a Public Procurement Entity
It is now already possible to distinguish the phenomenon of electronicisation of the public procurement system, which must at the same time have its own, separately defined, existence in legal reality. The legal reality of the electronicisation of public procurement now focuses, in terms of subjective construct, on the categories of the natural person, juridical person and organisational unit without legal personality, whereas the legal reality of electronicised public procurement focuses in a very similar way on the natural person, the group of natural persons and the organisational entity. In the future, however, the electronicisation of the public procurement system should lead to the extension of the categories of procurement entity towards including an electronic person. The electronic person has recently been granted a legal status in the EU soft law system, but it is only at an early stage of development and therefore needs to be further refined. From a legal point of view, it should also be added that the category of electronic person must always be identified with an agent (electronic agent, smart agent, computer agent), as it turns out to be the most important substrate of the related artificial intelligence.
Legal Regulations Governing the Payment of Compensation in Connection with Vaccinations Against Covid-19
From a medical point of view, vaccinations are the only effective method of protection against the spread of infectious diseases. The aim of the study is to present legal regulations governing the payment of compensation in connection with vaccinations against Covid-19. The experience of other countries shows that compensation payments fulfill their intended function to a greater or lesser extent. While civil court proceedings remain an alternative, due to their lengthy nature, many people choose to submit an application to the Patient Ombudsman. However, it should be remembered that court proceedings – unlike the Patient Ombudsman procedure – provide the opportunity to obtain much larger amounts as compensation, or compensation and pension.
The Eu4Health Programme with Regard to the Current Needs for Medical Equipment in the Polish Health Care System
The European Union Health Programme is a response to the crisis caused by the COVID-19 pandemic. The impact of the pandemic was felt by all the health systems of individual European countries, affecting both patients and medical and administrative staff. The fundamental premise of the programme is to strengthen the resilience of the health systems of the EU member states by undertaking activities strongly focused on long-term health problems. In this respect, one key activity is the European Commission’s recommendation on using only safe medical equipment, which is to be achieved by 2028. This article presents the objectives of the aforementioned programme and, more specifically, the guidelines concerning medical infrastructure and apparatus in the context of the current needs of the Polish health care system.
Efficiency: A Paradigm of Public Law and Private Law
The present study examines the paradigm of state efficiency, and by extension, the efficiency of law, as a foundational assumption. This assumption posits that the law (and the state) should fulfil its functions and achieve its goals in a manner that genuinely safeguards fundamental rights, operates swiftly and cost-effectively, and upholds quality standards (respecting core values). Efficiency is therefore an inherent element that defines the phenomenon of the state and law. The author argues that the law constitutes one of the fundamental pillars of a democratic state, and as such, it also defines the efficiency and causality of the state.
Transformation of the Security System of Civil Airports in Terms of the Amendment of the Aviation Law
Civil airports are an important piece of critical infrastructure but are constantly vulnerable to acts of unlawful interference. Therefore, since the beginning of the development of aviation, they have been the subject of increased concern throughout the international aviation community. This is reflected in the regulations on civil aviation activities and their protection developed by the International Civil Aviation Organization (ICAO) and the European Union (EU). Poland has adopted all the regulations on civil aviation, including airport security, enacted by these two organizations. This was reflected in the amendment of the Polish Aviation Law. The purpose of this article is to present the changes in the responsibility for conducting security checks under the Aviation Law. The introduced changes in the civil aviation security system in the Republic of Poland, including the system of civil airport security, have not reduced the state of security. Nevertheless, it should be noted that each security service in the face of the same threat, differently assesses the need for security, which may result in different actions. This makes it all the more important to constantly monitor the relevant aviation authority and services overseeing the work of private security companies.
Legal Aspects of Performing Aesthetic Medicine Procedures – a Case Study
This paper deals with the issue of regulation of aesthetic medicine at the level of the Polish legal system. The starting point is the analysis of the institution of the patient’s consent to a non-therapeutic intervention the primary aim of which is improving appearance. The article pays particular attention to the conditions of the legality of the patient’s consent, taking into account the views of the doctrine of medical law and current case law of the Supreme Court of Poland. Theoretical considerations were based on a case study related to health complications in patients who underwent breast augmentation procedures with a preparation containing polyacrylamide. Drafts of future legislative changes regarding patient consent for aesthetic medicine procedures are proposed.
Forensic Handwriting Examination of Painter Signatures for Family Similarities Between Graphisms in Case of Direct Line Relatives (Based on the Example of Signatures of Jacek and Rafał Malczewski)
This study is a part of a publication cycle on the similarity of graphisms in painter signatures. In the examination of handwriting, one of the identification problems, raised in expert opinion practice and in literature of the subject, are family similarities of graphisms. Even a well-qualified expert encounters serious identification problems, especially when analysing similarities between graphisms in isolated conditions. The same problem arises also in the context of painter signatures. Situations are known when works are signed by the artist’s family members. As a result, an attempt is made to compile a catalogue of features identical for family members and to confirm the legitimacy of research on family similarities between painters. The study focuses on family similarities in signatures of painters related in the direct line (father and son), following the example of graphisms by Jacek and Rafał Malczewski.
Roman Law and New Technologies – Timeless Principles in the Digital Era
This article examines how technological innovations in ancient Rome – particularly in road construction – contributed to the empire’s durability and efficiency. By analyzing legal sources, archaeological findings, and historical texts, the author demonstrates that modern digital technologies (AI, 3D modeling, laser scanning) facilitate the reconstruction of ancient infrastructure and highlight the continued relevance of Roman engineering and legal principles. The author argues that Roman engineering solutions, along with legal regulations pertaining to public infrastructure, contributed to the creation of a durable and efficient communication network throughout the Roman Empire. The study is based on the analysis of literary sources, legal texts, and archaeological findings. It demonstrates that Roman law focused primarily on safeguarding public access and ensuring the maintenance of infrastructure, rather than on prescribing detailed technical norms governing construction. Contemporary digital technologies enable in-depth investigations into ancient Roman construction techniques and facilitate the reconstruction of historical structures. The author emphasizes that the engineering and organizational accomplishments of ancient Rome remain relevant and continue to serve as an inspiration for modern interdisciplinary research concerning civilizational heritage. The article concludes by asserting that both ancient and modern technological innovations constitute vital drivers of civilizational development and progress.
Active Repentance as an Instrument Meant to Overturn the Rule of Law in Poland?
According to the Polish Language Dictionary, active repentance is the result of an internal change which occurs in the perpetrator’s consciousness, who has committed an act prohibited by law or perceived negatively by society, due to the arising feeling of guilt and remorse. This definition is not normative in nature, although it contains important components of the act that is active repentance. The direct impulse for writing this text, however, is the proposal by the Minister of Justice – Adam Bodnar to restore the rule of law in Poland by applying the discredited institution of active repentance, which originated in the communist era. This proposal was publicly announced and repeated many times by the media at the end of 2024. According to the Minister, active repentance should be submitted by judges promoted to higher positions after the year 2017. This solution caused quite a lot of surprise and sparked a discussion in Poland about this proposal. The institution of active repentance undoubtedly originates from the theological concept of remorse for sins, not only on a psychological or sociological level but also on a normative one, as it is regulated in the Code of Canon Law. It was later incorporated into secular legal systems, including criminal law. It was also a tool of political struggle, among other things, in the communist system in Poland. The aim of this study is to analyze the application of the institution of active repentance from a normative, doctrinal, and political perspective. Therefore, the study will discuss the institution of active repentance in Christian theology, in criminal law, and in the practice of implementing communist ideology in the People’s Republic of Poland. Such an analytical approach to the institution of active repentance will allow for a proper assessment of the Minister of Justice’s proposal to apply it in the process of restoring the rule of law in Poland. Such a holistic approach to the application of the institution of active repentance is undoubtedly a novelty in the existing discussions on the justification for its use. Therefore, in the structure of the paper, I will first discuss active repentance in Christian theology, then in criminal law, and during the communist era in Poland. Only in the final section will I assess the proposal of the Minister of Justice.
Execution of Custodial Sentence in the Light of International Law Standards Based on Polish Legal Solutions and Selected Judgments of the European Court of Human Rights
Custodial sentence is a means of state response to a criminal act. From this perspective, it seems important to reflect on the essence of freedom, since it is freedom, next to life, that constitutes the highest value for every human being. International instruments introduce an extensive catalogue of rights and recommendations that can be applied directly or indirectly to a person deprived of his or her liberty. They constitute the implementation of the principle of the convicted person’s dignity. The relevance of these instruments in practice, however, depends on their implementation into national law, and on the existence of control mechanisms that would allow, in a manner accessible to everyone, to enforce the effectiveness of international instruments on individuals. In the modern world, we can speak of universal and regional systems for the protection of human rights, which include the United Nations System and the Council of Europe and European Union Systems. This article will present selected inter-state regulations that relate to the execution of custodial sentences and examples of solutions introduced into the Polish legal system on the basis of these regulations. The article will also point out selected judgements of the European Court of Human Rights, issued mainly in cases against Poland, and of the Polish Supreme Court and the Constitutional Tribunal, and introduce the issue of the National Preventive Mechanism.
Peculiar Normative Character of a Commune Council Resolution on the Sale of Real Estate with the “Premises for Land” Settlement
The analysis carried out in this publication aims to answer the question about the legal nature of a commune council resolution (analogously, a poviat council resolution) on the sale of real estate with the “premises for land” settlement. The purpose and function of the resolution defining the terms for the sale of real estate with the “premises for land” settlement is to clarify the most important conditions for such a transaction. It is therefore not only a formal requirement of the “premises for land” settlement sale procedure, but also has effects under civil law, especially in determining the maximum extent for offsetting cash benefits by the transfer of ownership of real estate. In this light, the status of this resolution as an act of universal law or an intra-organisational act or qualified as expressing a will by a collegial body as an indispensable element of shaping the future legal relationship with the buyer of real estate is not clear. This analysis proves that contrary to the intentions of the drafters, expressed in the explanatory memorandum to the draft act on the sale of real estate with the “premises for land” settlement (“the resolution specified in this draft will not contain abstract norms, thus it will not be an act of local law and will not require promulgation in the voivodeship official journal”), this resolution goes beyond the structure dedicated to internally binding acts and beyond the understanding of specific and individual norms. The scholarly debate herein relies on the method of investigation of the law in force.
Improvement of Democratic Social Structures as a Result of Person Identity, Recognition and Trust
The author outlines reflections on perfectly democratic social structures pointing to contemporary social theories on social capital while taking into account the existence of person identity, culture and national identity, trust and recognition. He emphasizes the importance of these, concepts as significant factors in the formation of social and cultural ties, which undoubtedly have an impact on the improvement of democracy. He points to the dialogue that should occur in a democratic society linked to responsibility for the common good. The paper refers to the reasons for Polish democracy’s weaknesses, the problems of the functioning of modern democracy that have an impact on its quality. Democracy is a challenge and requires full involvement of civil society, correct interpersonal relations, dialogical justice. Social sciences oriented to the world, person-to-person must constantly take into account potentially occurring events and real threats to a functioning democracy in order to meet all challenges.
Profound Change or Just a Facade? Legal Transformation of the Estonian and Latvian Penitentiary Systems
I investigated the process of transformation of penitentiary systems in two post-Soviet countries: Estonia and Latvia. Over the past 40 years, Latvia and Estonia have undergone reforms to their penitentiary systems bringing their prisons up to European standards. Both countries have abandoned the death penalty, and there are no political prisoners, and the development of democracy and the implementation of Western solutions have proceeded extremely quickly. However, the fundamental question is: to what extent were the changes to penitentiary systems profound and to what extent was it just a facade? To what extent is the readiness to train prison staff equivalent with a readiness to internalize Western standards? To what extent is the penitentiary system Western and to what extent it remains Soviet?
An Approach to Perjury in Penitential Books in the Light of the Ancient Law
The task of every trial since the dawn of time has been to reach the truth and establish the factual state with a broad explanation of various facts and evidence. One of the important pieces of evidence has always been the testimony of witnesses, but since ancient times they have been approached with a certain amount of caution. This is exemplified by the Code of Hammurabi, which already in its first paragraphs addresses the issue of responsibility for the spoken word, and the Latin maxim Unus testis, nullus testis, describing the rule of evidence law. According to this legal principle, unconfirmed testimony from one witness should be rejected, because it is considered too unreliable to establish a fact. This principle had its roots in biblical sources and Roman law. The books of penance, which were created in the era of late Christian antiquity and the early Middle Ages and which are evidence of the development of penitential practice in the Church, stood, like ancient legal cultures, also on guard so that witnesses testifying in court trials were guided only by the truth, so that false testimony would not contribute to an unjust verdict. The aim of the article is to show, in the light of the books of penance against the background of ancient laws, what consequences threatened a person who answered affirmatively to the question that, according to Bishop Burchard of Worms, should be asked of the penitent: “Have you been a false witness, that is, have you testified falsely and claimed that what was false was true? If yes, did you do it for the sake of love for someone, for a financial benefit, or out of fear?”
Compliance with the Priority Rule of the Non-Application Procedure and Limiting the Principle of Equal Access to Public Information
The Act of 6 September 2001 on access to public information is overflowing with regulations creating good practices. These regulations create access principles that organise the procedure, making it more understandable and friendly for the participants. Among this catalogue of principles, the principle of equal access to public knowledge and the principle of priority of the non-application procedure find their place. Although these principles are of equal importance, they are not always compatible. This paper aims to highlight and discuss situations in which compliance with the priority rule of the non-request procedure limits the principle of equal access to public knowledge. However, this requires a prior characterisation of these rules and a definitione of their role in the access procedure.
Crime of Foreigners in Poland in the Years 2004-2024 – Legal and Criminological Aspect
The article aims at presenting the phenomenon of crime of foreigners in Poland over the past twenty years, i.e. for the period from 2004 to 2024. The work characterizes the immigration of the population to Poland in the perspective of the subjective and causal criterion. The impact of the influx of foreigners on the internal security of the state was also discussed. The authors analyzed selected categories of prohibited acts, i.e.: crimes against property, crimes against safety in communication, crimes against life and health and drug crimes. The research was based on statistical data provided by the Police Headquarters. Data for the period from 2004 to 2024 were analyzed. The result of the work of the authors is to present the space requiring actions aimed at a more thorough examination of the problem of crime of foreigners in Poland in order to undertake further projects aimed at increasing the level of security in the discussed area. In the analysis, the authors used the method of criticism of literaturę and analytical-synthetic. The analysis used variables relating to the total number of preparatory proceedings initiated by the Police and data on the number of registered foreigners suspected of committing a selected criminal act.
Mater Semper Certa Est? Human Rights Violations in Surrogacy Arrangements
Surrogacy is a complex and controversial practice that has sparked widespread debate across a broad ideological spectrum. Proponents argue that surrogacy can fulfill the desires of individuals and couples seeking parenthood while affirming the contractual autonomy of the surrogate mother. In contrast, detractors raise significant ethical, legal, and human rights objections. This article critically examines the primary arguments from both perspectives, with particular emphasis on the ancient legal principle mater semper certa est within the context of modern surrogacy arrangements. The analysis reveals that surrogacy not only undermines the principles governing parenthood, particularly maternal identity, but also raises serious physical, psychological, and legal risks to both the surrogate mother and the child. Additionally, surrogacy involves the commercialization of the mother’s body and the commodification of the child. These risks, coupled with contractual conditions that are often detrimental to the welfare of the surrogate mother, render the practice fundamentally at odds with human rights principles. Ultimately, the article argues that these risks and harms are too significant to overlook and that, rather than empowering women, surrogacy exploits their vulnerability, thereby undermining women’s rights and dignity.
On the Need to Consider the Possibility of Direct Redress Against Subcontractors in Selected Service Contracts
The article discusses the issue of subcontracting in service contracts, with particular emphasis on the possibility of direct redress by creditors against subcontractors. Polish civil law stipulates a rule according to which the creditor may seek redress only from the debtor but not from subcontractors. Exceptions to this rule are provided for in few provisions (Article 738(2) or Article 840 CC) that introduce joint and several liability of the debtor and the subcontractor. In practise, this means that the creditor may directly pursue claims also from the subcontractor. International transport law has also adopted a measure of joint and several liability of the debtor (contracting carrier) and its subcontractor (operating carrier) for damage caused by the latter, allowing creditors to pursue claims directly from subcontractors. Such a measure shortens the settlement process, increases the efficiency of pursuing claims and introduces clarity in the debtor-subcontractor relationship. It reduces the risk of insolvency of the debtor, and in many cases allows him to avoid involvement in the dispute. At the same time, the author emphasises that the joint and several liability of the debtor and the subcontractor does not compromise the situation of the subcontractor. In the event that the debtor and the subcontractor are jointly and severally liable, the debtor’s claim is regressive, it arises only after payment of compensation to the creditor, which prevents the debtor’s enrichment at the expense of the subcontractor. In addition, this proposal reduces the number of lawsuits, thus cutting the time and costs associated with pursuing claims. In conclusion, the author proposes that similar measures be introduced to Polish civil law in a broader scope for certain service contracts. He sets out conditions for the joint and several liability of the debtor and his subcontractor, indicating the need to strike a balance between the interests of the creditor, the debtor and the subcontractor.
Establishing a Bank Bequest in Favour of a Person Entitled to a Legitim
The distinctive nature of the right to a legitim, which is conferred exclusively upon the descendants, spouse, and parents of the deceased, calls for the adoption of normative frameworks that serve as a robust guarantee of its effective enforcement. Within this context, certain provisions of the Polish Civil Code give rise to interpretative concerns, particularly those regulating the calculation of the legitim, the determination of the quantum of claims held by specific beneficiaries, as well as the principles and scope of debt liability arising from such entitlements. These provisions impose an obligation, subject to the statutory conditions, to take account of inter vivos gifts made by the deceased in each of the aforementioned scenarios. While such a legislative approach should, in principle, be regarded as entirely justified, the legislator’s use of the term “gift” does not provide a clear answer as to whether, in the situations in question, other gratuitous legal transactions, distinct from a gift in the sense of a named contract under the Civil Code, should be interpreted as having the same legal effect, from the perspective of persons entitled to a legitim, as a gift made by the deceased. The ratio legis of the legitim and the ratio of inclusion of gifts in its calculation leads to the conclusion that the term employed by the legislator must be interpreted broadly. Accordingly, within the provisions on the legitim, the term “gift” should be understood as encompassing all deliberate legal acts (transactions) of the deceased which unilaterally confer a benefit upon another party at the expense of the deceased’s estate, thereby resulting in a diminution of the estate’s value. It should therefore be beyond doubt that, for the purposes of Articles 993 and 995 of the Civil Code, the term “gift” also encompasses, inter alia, an instruction for transfer of a bank deposit mortis causa. It also appears to be beyond doubt that the provisions of the Civil Code allowing for the sanctioning of unlawful conduct by heirs or legatees, particularly actions directed against the deceased, should apply to the beneficiary of an instruction for transfer of a bank deposit mortis causa, where such conduct results in the forfeiture of benefits obtained from the estate or as a consequence of the deceased’s death.
Danger of Death as a Circumstance Affecting the Relaxation of the Discipline of the Sacraments
With defining the discipline of the sacraments, the legislator has introduced a series of exceptions that in the danger of death abolish or mitigate some of the conditions that are applicable under normal circumstances. This paper is an attempt of the synthesized presentation of these rules. At first, the definition of the term of the danger of death was formulated, followed by systematic presentation of norms mitigating the discipline of the sacraments in the danger of death. At the end of the paper, the mind of legislator and purpose of the mitigation of law in danger of death was presented.
The Crime of Ecocide in the Context of the Concept of Ecological Sin – Selected Aspects
This article examines the concept of the crime of ecocide in the context of environmental sin, with a particular focus on the legal aspects. The crime of ecocide, understood as the indiscriminate and prolonged destruction of the natural environment, is receiving increasing attention in the international debate on its inclusion in the catalogue of the most serious crimes under the jurisdiction of the International Criminal Court. In this context, an analysis of the concept of ecological sin, derived from Catholic social teaching, which emphasises man’s moral responsibility for the destruction of the environment, is carried out. The aim of the article is to explore and compare two key concepts: ecocide as an international crime and ecological sin as an ethical-religious category, in the context of contemporary environmental challenges. The article seeks to show how these two categories can complement each other, pointing to the need to strengthen moral and legal responsibility for environmental destruction. Due to the overview nature of this paper, it follows a methodology based on a descriptive approach and critical analysis. Within this approach, particular emphasis will be placed on the analysis of papal encyclicals, doctrinal texts and legal provisions related to the topic of ecocide and ecological sin. In addition, the study will take into account an indepth analysis of scientific literature, including monographs, articles published in reputable journals and reports of international organisations. Such a multifaceted review of the material will provide a broad theoretical and legal context to critically examine current legal and ethical regulations on environmental protection and crimes against nature. The analysis will also relate to the debate on ecotheology and the role of ethics in shaping environmental legislation at the international level.