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Prawo i Więź ukazuje się regularnie od 2012 roku, a od grudnia 2015 roku znajduje się na ministerialnej liście czasopism punktowanych. Od 2024 r. Prawo i Więź jest dwumiesięcznikiem publikowanym w cyklu wydawniczym: luty, kwiecień, czerwiec, sierpień, październik, grudzień.

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  • Wersja pierwotna
    Online
  • Dostęp
    Open Access (OA)
  • MNiSW
    100 pkt
  • DOI
    10.36128
  • ISSN
    2299-405X
  • online ISSN
    2719-3594
  • Wskaźnik odrzuceń
    34%
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  •   

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Aktualny numer

Tom 63, Nr 4Prawo i Więź

DOI:https://doi.org/10.36128/qprzha78

Published 31 sierpnia 2026

Pełny numer

Artykuły

  1. Taksonomia działalności gospodarczej a ekonomia społeczna

    The European Green Deal has introduced new legal frameworks into the EU economy, including a taxonomy for business activities. While this taxonomy facilitates the comparison of market entities by evaluating them against environmental criteria, it can also make it more difficult to conduct business, lead to exclusion from access to financing, and ultimately result in being forced out of the market. The standard taxonomy is based on six environmental objectives, and social issues can only be indirectly inferred from them. It would therefore be possible to amend the regulation establishing the taxonomy of economic activities so that it also encompasses the objectives of the social economy and its entities. Articles 17, 18, and, indirectly, Article 3 of Regulation 2020/852 are particularly suited for this purpose. Going further, one could propose the development of a separate "social taxonomy" that would present social objectives in place of environmental ones. Such a solution, which seems quite likely in future European Union legislation, would promote high-quality social economy entities by making it easier for them to operate in the market. The argument, developed using a legal-dogmatic approach, is based on literature in the field of economic environmental law and legal acts current as of 30 April 2026.

  2. Aksjologia ekonomii społecznej a aksjologia rynku finansowego

    The aim of this paper is to examine the possible interactions between the values that form the foundations of social economy and the values belonging to the financial market. To organize the considerations made, the first part of the study introduces the very concept of social economy and the set of fundamental values for it. Then, attention is focused on the axiology of the financial market, as it is the set of unique values that forms the bond of statutory regulations adopted at the level of individual segments of the financial market. These analyses have prompted a search for a common area, a connector – values important for both examined areas, allowing for mutual osmosis and building relationships between social networks and financial networks, strengthening their mutual potential. The study used the dogmatic-legal method as well as the axiological-legal method.

  3. Rola państwa w dążeniu do rozwoju ekonomii społecznej na przykładzie francuskiej koncepcji ESS (économie sociale et solidaire)

    This paper is part of the author's broader comparative research on French legal regulations. In this case, the analysis focuses on the specific concept of ESS (économie sociale et solidaire), which was introduced into French legislation in 2014, almost ten years earlier than in Poland. This ESS concept, which can be translated as "social and solidarity economy," is a significant sector in France combining economic and social activity. It encompasses associations, cooperatives, mutual insurance companies, and foundations, which generate approximately 10% of GDP and employ 13-14% of the private sector. Characterized by shared governance and limited profitability, it plays a key role in addressing social and environmental issues through local, inclusive, and solidarity-based actions. Selecting France as a point of reference for comparative analysis allowed to achieve the primary goal of this publication: to identify certain differences in the discussed area, which, especially from the perspective of the Polish legislator, may serve as a catalyst for reflection on potential statutory changes. The comparative method, which allows for an analysis of law from a broader perspective than just the national perspective, also gave the possibility to draw conclusions regarding potential directions for changes, both in general and specific nature. One such conclusion is that the French legislator assigns a much more crucial role to entities pursuing the development of the social economy than their Polish counterpart.

  4. Pozbawienie strony zdolności postulacyjnej w postępowaniu cywilnym jako forma „wykluczenia” konsumenta

    The right of an action and the capacity to sue are the foundations (not the only ones) of the right to a court, and are extremely important elements of it. They enable a party or a participant in the civil procedure to act personally before the court. However, the capacity to sue is not absolute, as it can be excluded for factual or legal reasons. Therefore, someone is not authorized to personally appear in court as a party to the proceedings. In this context, the duty of obligatory assistance of an advocate is particularly important, i.e. the duty to appoint a professional legal representative when the law so requires. The paper aims to answer the question whether, in the case of a consumer who is the weaker party to a legal relationship with an entrepreneur (arising primarily from a contract), the deprivation of the capacity to sue can be a form of their exclusion from the process, making it impossible or at least significantly hindering the enforcement of rights before a court.

  5. Przeciwdziałanie nadmiernemu zadłużeniu a zasady ekonomii społecznej na rynku kredytów konsumenckich

    Effective counteracting of over-indebtedness requires reshaping the relationship between consumers and lenders in accordance with the principles of social economy. This will bring benefits not only to consumers and society as a whole, but also to lenders themselves, who in the longer term may experience the positive financial effects of such action. This paper analyses the indicators of consumer over-indebtedness and the instruments for counteracting this phenomenon, formulating, based on this analysis, a postulate of changing the lenders' approach in accordance with the principle of social economy, under which profit does not constitute the overriding objective. To this end, the subjective and objective indicators of over-indebtedness are discussed, and the instruments for counteracting it are classified into three groups: preventive (education, information, creditworthiness assessment), remedial (debt restructuring), and sanctioning (the free credit sanction, the forgiven credit sanction, restrictions on the enforcement and transferability of receivables) – indicating to what extent the principles of social economy influence their effectiveness. Furthermore, the paper constitutes a proposal for lenders to revise their internal policies in the spirit of social economy – based on the premise that only the combination of statutory regulation with an appropriate attitude of lenders will enable effective counteracting of consumer over-indebtedness.

  6. Determinanty uchwalenia ustawy o ekonomii społecznej

    The purpose of this study is to present the determinants underlying the enactment of the Act on the Social Economy. The social economy constitutes a statutory concept of broad meaning. The Act provides that the social economy is an activity carried out for the benefit of the local community, consisting of engagement in three principal spheres: (1) social and vocational reintegration; (2) a solidarity-based dimension implemented by social economy entities; and (3) the provision of social services. The analysis covers social determinants (the creation of new jobs for persons at risk of social exclusion and the development of the participation of social economy entities in the delivery of social services to local communities), economic determinants (the Strategy for Responsible Development, the National Programme for the Development of the Social Economy, and the Accessibility Plus Programme), financial determinants (funds derived from the 2021-2027 financial perspective under the European Social Fund Plus, as well as approximately PLN 200 million under the National Recovery and Resilience Plan), and legal determinants (the Convention of 13 December 2006 on the Rights of Persons with Disabilities and the need to define a catalogue of social economy entities and to provide a legal definition of a social enterprise).

  7. Udział podmiotów ekonomii społecznej w zamówieniach na usługi społeczne i inne szczególne usługi

    The participation of social economy entities in procurement contracts for social services and other specific services is ensured through legal regulations adopted at both the EU and Polish levels. One of the goals of the public procurement system is to promote sustainable public procurement, encompassing innovative, environmental, and social aspects. The purpose of this paper is to examine the current model of regulations governing procurement of health, social, and cultural services reserved for social economy entities and their share in the total number of contracts incorporating social aspects. The author's main thesis is that the current legal regulations governing procurement of social services and other specific services require amendment to increase the flexibility of the service clause among contracting authorities spending public funds. This paper consists of three parts. The first presents the legal framework for social aspects in public procurement under European Union and national law. The second part analyzes the current structure of the service clause as an instrument supporting the participation of social economy entities in public procurement. The third part will present de lege lata and de lege ferenda conclusions and postulates, including proposals for changes to the currently applicable provisions on procurement of social services and other specific services.

  8. Znaczenie zastrzeżenia do protokołu (art. 162 § 1 k.p.c.) dla możliwości rozpoznania niezaskarżalnych postanowień przez sąd drugiej instancji (art. 380 k.p.c.)

    This study addresses a crucial issue relevant to judicial practice which relates to the parties' involvement in civil proceedings. The article focuses on the institution of reservations to the minutes made in response to procedural deficiencies on the part of the court. Filing a reservation to the minutes is regulated by Article 162 of the Code of Civil Procedure and is crucial for challenging certain decisions issued by the court of first instance: it enables the appellate court to review certain decisions at the appellate stage, whereas failure to file a reservation results in the inability to review the decisions of the court of first instance. The article analyses not only the institution of reservations to the minutes under Article 162 of the Code of Civil Procedure but also examines sample decisions which are reviewed by the appellate court under Article 380 of the Code of Civil Procedure. The study has not only a theoretical but, to a large extent, also a practical dimension

  9. Between Legalism and Compromise: Mediation in Administrative Proceedings in Poland and Hungary

    The article compares mediation in administrative proceedings in Poland and Hungary. Both introduced it into their general codes of administrative procedure (Hungary in 2005, Poland in 2017), but with opposite trajectories: Poland retained and recently expanded the institution, Hungary de-institutionalised it as a general tool in 2018, confining it to sectoral regimes. Using the dogmatic and comparative methods, it reconstructs both models and confronts their design with the evidence of practice. The decisive constraints prove structural, not technical: the principle of legality narrows the space for genuine negotiation, procedural time limits penalise consensual methods, and the culture of unilateral decision-making discourages authorities. Formal institutionalisation, unaccompanied by informational, organisational and cultural measures, does not translate into actual use.

  10. Problematyka nieautoryzowanych transakcji płatniczych – wybrane aspekty prawne

    With the rise of electronic payment transactions, the issue of unauthorized payment transactions has become extremely important, both from the perspective of the party affected by the financial consequences of such transactions and in terms of determining who bears responsibility for unauthorized payment transactions. Clarifying the meaning of the term "unauthorized transactions" – which, it would seem, should not raise any doubts – is, however, a problematic issue in practice.

  11. Czy należy rezygnować ze skargi nadzwyczajnej? O jej funkcjach i charakterze prawnym

    This paper aims to analyze the instrument of an extraordinary complaint, its legal character and fundamental function considering the plans of its elimination from the justice system. It points out the role of this complaint as a means of protection against the breaches of constitutional rights and freedoms that may arise when a court judgement is issued. It indicates the need for a legal instrument which can be used to explore the constitutionality (compliance with the Constitution of Poland) of the acts of law (judgements, decisions and court orders). Without it, there is a gap in the legal system as regards the protection of constitutional rights. It is claimed that the possibility of dispersed control over the constitutionality of the law application in individual cases is desirable. The paper also includes proposals of amendments of the instrument of an extraordinary complaint. These involve the extension of the list of entities authorized to file it, the narrowing down of the grounds for the complaint, shorter deadlines for its filing or no need of jurors. They provide an opportunity for a discussion as to whether the extraordinary complaint should be amended, restricted in terms of the grounds for it or entirely eliminated from the justice system.

  12. Wiążące opinie indywidualne organu nadzoru AI a system urzędowych interpretacji w prawie gospodarczym. Fikcja pozytywnego rozstrzygnięcia jako technika legislacyjna

    The article analyses the institution of binding individual opinions which the Polish act on artificial intelligence systems entrusts to the AI Development and Safety Commission (KRiBSI), linking the failure to issue an opinion within the statutory time-limit with a legal fiction of acceptance of the applicant's position. The Authors argue that this construction transposes to the field of new-technology law the model of individual interpretations known from the Tax Code and the Act on Entrepreneurs' Law, doing so, however, under conditions of incomparably higher technical uncertainty, which undermines the protective function of the institution. The main thesis is accompanied by an auxiliary thesis that tacit settlement of a case in a matter as dynamic as artificial intelligence systems constitutes a risky legislative technique. The analysis covers the scope to which the authority is bound by its own opinion, the concurrence of KRiBSI opinions with the determinations of other authorities, and the admissibility of reviewing the positive fiction in extraordinary procedures. The article closes with a set of de lege ferenda proposals intended to adapt the institution to the specificity of artificial intelligence systems.

  13. W poszukiwaniu szczególnego charakteru instrumentów interwencjonizmu w stanach nadzwyczajnych

    Polish legislation allows for the introduction of various states of emergency, a mechanism that is neither unusual nor incompatible with the principles of a democratic state governed by the rule of law. Within this framework, the statutory regulations affecting the broadly defined economic activity of entrepreneurs present an especially compelling subject of academic inquiry. The purpose of this essay is to examine whether the interventionist instruments employed during states of emergency constitute genuinely extraordinary measures, or whether they resemble – or perhaps are even less restrictive than – the regulatory tools applied under ordinary constitutional conditions.

  14. Podmiotowość zwierząt domowych jako perspektywa analityczna w projektowaniu miejskich planów adaptacji do zmian klimatu

    The article analyzes the problem of incorporating the welfare of pets into municipal adaptation plans (MPAs) in Poland. MPAs constitute a key instrument of urban policy for climate adaptation; however, in practice they focus almost exclusively on the needs of humans and infrastructure, overlooking pets as a distinct category. An analysis of 21 MPAs adopted in Poland in 2025–2026 demonstrates that only three include direct references to pets (e.g., drinking stations, green areas, relocation of a shelter), indicating the marginal consideration of their needs. As an analytical framework, the authors propose the concept of the limited legal personhood of pets, which entails recognizing their interests (e.g., a right to welfare) and their indirect representation by guardians. Adopting such a perspective could lead to more inclusive urban policy design that accounts for both human and non-human inhabitants. In the prescriptive section, several directions for reform are identified: integrating pet welfare into climate risk assessments; incorporating their welfare into the strategic objectives of MPAs; developing animal-friendly infrastructure (e.g., shaded exercise areas, access to water); and implementing educational measures.

  15. Prawo do prywatności w Konstytucji i Kodeksie cywilnym Chin w aspekcie ochrony danych osobowych

    The subject of this article is the analysis of the right to privacy as enshrined in the Constitution and Civil Code of the People's Republic of China, with particular emphasis on its dimension concerning the protection of personal data. The author examines whether the Chinese Constitution formulates a right to privacy – including the right to personal data protection – and whether the manner of this regulation distinguishes it from the constitutional frameworks of selected European and American systems referenced in the article. A distinctive feature of the Chinese legal and political system may be the relatively weaker protection of privacy in the relationship between individuals and public authorities, in contrast to stronger enforcement mechanisms in private sector contexts. However, individual privacy rights are increasingly upheld in judicial decisions and regulatory rulings involving private actors, and violations of data protection law are subject to administrative sanctions. The article also explores how collectivist and Confucian traditions have shaped the development of the Chinese concept of privacy. Nonetheless, through the application of dogmatic, normative and comparative legal methods, the author identifies substantive convergence between the Chinese and European approaches. This is demonstrated by reference to contemporary Chinese civil law scholarship, constitutional provisions, civil code regulations on privacy and the Personal Information Protection Law (PIPL).

  16. Models of AI Use in the Judiciary

    Artificial intelligence is entering new areas of social life. It is therefore not surprising that it is also becoming present in the judiciary. However, its development in this field is not uniform across the world, which has led to the emergence of three different models of AI use in the judiciary. The criteria for grouping these models are, on the one hand, the role and participation of the algorithm in the decision-making process and, on the other hand, the role of the judge in this process. These criteria have led to the identification of three basic models, namely the active, auxiliary and preventive models. The models were selected on the basis of research on countries where the use of AI in the judiciary is currently at a high level, i.e. China, Brazil and the US. The paper presents the operation of each model on the basis of specific examples of algorithms operating in the judiciary. The key research methods are the theoretical-legal and dogmatic-legal methods.

  17. Ochrona karna i administracyjna przed inwazyjnymi gatunkami obcymi w Polsce

    The article is devoted to the issue of protection against invasive alien species, which pose one of the main threats to biodiversity and the functioning of ecosystems. The aim of this study was to analyze criminal and administrative legal instruments used to protect the environment against invasive alien species (IGO), with particular emphasis on the example of the raccoon. In connection with the above, a research question was formulated: are the criminal and administrative legal instruments in force in Poland effective enough to counteract the threats resulting from the presence of IGO, and in particular the raccoon. The following hypothesis was adopted: the criminal and administrative legal instruments are in principle sufficient for protection against IGO, but the actions of public administration bodies responsible for the implementation of tasks related to this protection should be considered not fully effective. The authors relied primarily on the dogmatic and legal method consisting in the analysis of the provisions of EU law (Regulation of the European Parliament and of the Council (EU) No. 1143/2014) and national law (the Act of August 11, 2021 on alien species and implementing regulations regarding lists of invasive species) and made a critical analysis of the literature on the subject. They also analyzed empirical data based on reports from public institutions (including data from the Supreme Audit Office). The article presents numerous scientific conclusions and recommendations for change. The research hypothesis formulated at the outset of the study was confirmed and took the form of an unequivocal conclusion. The authors concluded that the primary focus of public administration efforts should include continuous monitoring of the IGO population, periodic updates to the lists of species that pose a threat to Poland and the EU, as well as their decisive elimination from native ecosystems (including lethal measures).

  18. The Critical Role of Effective Tax Rates in Using AI to Reduce the CIT Gap – A Comparative Analysis of Poland and the Czech Republic

    The article analyzes the key role of the effective tax rate (ETR), supported by artificial intelligence (AI), in reducing the corporate income tax (CIT) gap, along with a comparative analysis between Poland and the Czech Republic. In the era of AI and Pillar Two, ETR is becoming a key objective indicator enabling a shift from subjective assessment of taxpayer intent to data-driven analysis. The article verifies the hypothesis that ETR using AI can play a key role in reducing the CIT gap through actual monitoring of ETR and comparison with the profiles of similar entities for early detection of base erosion; quantitative measurement of the compliance gap using reference ETR levels and deviations; and behavioral impact through algorithmic risk scoring, early warning, and integration with the minimum tax, encouraging voluntary reduction of aggressive optimization. A comparative analysis of Poland and the Czech Republic has allowed us to draw universal conclusions about CIT compliance systems using AI under Pillar Two. The added value lies in showing how AI transforms ETR from a simple reporting indicator into a proactive tool for systematically and sustainably reducing the CIT tax gap.

  19. Crimean Tatars: 10 Years under Russian Occupation

    Since 2014, Ukraine's civilian population has experienced the worst atrocities since World War II. Not stopping at the annexation of Crimea and parts of territories in eastern Ukraine, Russia launched an unjustified and illegal aggressive war against Ukraine in February 2022. The Crimean Tatars, who had already been persecuted and deported by the USSR authorities almost 100 years ago, have again found themselves targeted by Russia. Since the occupation of Crimea by the Russian Federation, Crimean Tatars have faced grave violations of their rights, such as killings, enforced disappearances, torture and inhuman or degrading treatment, illegal searches and unjustified legal proceedings, "passportisation" and the transfer of detainees from Crimea to the Russian Federation. The purpose of the article is to present Russia's violations of selected rights of Crimean Tatars and to analyze the effectiveness of international legal instruments for the protection of these rights.

  20. Odnowa kontroli przedsiębiorców. Uwagi na tle deregulacji prawa gospodarczego

    Concepts for deregulating business law focus mainly on identifying areas requiring state intervention in order to create legislation that reflects the real needs of economic activity and fulfils the demand for improving the legal and institutional environment in which Polish companies operate. The purpose of this study is to discuss and analyse the latest amendment to the Act of 6 March 2018 – Entrepreneurs' Law in the area of business inspections, introduced by the so-called deregulation package, i.e. the Act of 21 May 2025 amending certain acts in order to deregulate economic and administrative law and improve the rules for developing economic law.

     

  21. Memetic warfare as a threat to cognitive security. Legal approaches and non-legal safeguards in Poland

    This article examines the phenomenon of "memetic warfare" as a growing threat to cognitive security and democratic processes. The authors argue that memes – due to their virality, simplicity, and humorous nature – can be an effective tool for narrative manipulation, capable of shaping public opinion, deepening social polarization, and amplifying political and extremist propaganda. The development of artificial intelligence further facilitates the mass distribution of memes, increasing the scale and speed of their impact. At the same time, the balance between protection against disinformation and respect for freedom of speech and artistic creation remains a challenge, especially in the area of satire and parody. The article discusses potential legal and non-legal responses against memetic warfare, emphasizing the importance of targeting inauthentic behavior, strengthening social and cognitive resilience, narrative monitoring activities, and strategic communication. The study indicates that effective defense requires a multidimensional approach, encompassing regulations, technologies, psychological measures, and active social participation in shaping the information space.

  22. Tajemnica obrończa w systemie Unii Europejskiej

    This study examines the first judgment of the Court of Justice concerning the confidentiality of communications between lawyer and client (i.e. "legal privilege", "LP"), delivered in AM & S Europe v Commission, Case 155/79, on 18 May 1982, which is among the most frequently cited in Luxembourg case-law. The findings are related to subsequent Luxembourg case-law and to Polish case-law, as well as to the protection laid down in Article 4 of Directive 2013/48/EU and in domestic provisions establishing defence counsel's professional secrecy. This analysis yields the following gradation: – as a rule, full protection of the confidentiality of the relationship between an independent lawyer and the client in the case-law of the Court of Justice, influenced by the case-law of the European Court of Human Rights, and in Polish constitutional jurisprudence and the case-law of the Polish Supreme Court, subject to two Code provisions that depart even from the State's duty of abstention, a departure endorsed by the Constitutional Tribunal within a defined scope; – narrower protection in Polish law on a literal interpretation; – a marginalisation by the Court of Justice of Article 4 of Directive 2013/48/EU, which, on a literal construction, establishes only a duty of abstention; – finally, the case-law of the Polish ordinary courts is the least predictable.

  23. Cel nabycia nieruchomości jako kryterium różnicowania ochrony nabywcy w ustawie deweloperskiej

    The point of departure for the analysis undertaken in this paper is the observation that the Developer Act does not differentiate between the legal position of natural persons acquiring property in order to satisfy their own housing needs and that of natural persons acquiring property for investment purposes, in particular as a means of capital allocation. In the author's view, such a legal framework may result in the provision of protection that is unjustified or even contrary to the purpose of the Act. The paper seeks to demonstrate that an entity acquiring an additional property for wealth-preservation purposes does not occupy the position of the "weaker party" in a developer relationship and therefore does not require the special, enhanced protection afforded to purchasers under the Developer Act. In particular, the paper examines the merits of amending the Developer Act so as to permit the inclusion in developer agreements of clauses enabling the legal status of the property to be monitored following the transfer of ownership, as well as the possible introduction of a temporary restriction on the purchaser's entitlement to derive financial benefits from the property, for example through a tenancy arrangement. The issues addressed and the proposals advanced are intended to initiate a discussion on the need to restore contractual equilibrium within developer relationships. The paper forms part of a broader strand of analysis highlighting the importance of appropriately designed private-law instruments in the pursuit of public objectives, while emphasising the role of regulation governing developer relationships as one of the factors determining the sustainable development of housing.

  24. Bezpieczeństwo rynku pracy a prawne uwarunkowania zatrudnienia cudzoziemców na przykładzie nadmorskich województw w Polsce

    In the era of globalization, the issue of migration in the economic aspect acquires measurable significance, for both migration-source and migration-destination countries. Contemporary migration premises are varied and are treated as the most active factor of human activity. The aim of the article was to highlight the scale of the problem resulting from the very essence of migration of citizens of Eastern Europe on the example of coastal provinces. The authors of the article attempted to analyze the scale of employment of eastern foreigners in various sectors of the Polish labor market by type of permit, professional groups and professions and selected sectors of the economy resulting from the Classification of Occupations and Specialties and Polish Classification of Activities.

  25. Wymiar urlopu wypoczynkowego nauczyciela zatrudnionego w zespole szkolno-przedszkolnym prowadzonym przez jednostkę samorządu terytorialnego

    This article addresses the legal regulations governing the length of annual leave and the procedure for granting it to teachers employed in school–preschool complexes managed by local government units. The coexistence of two distinct legal regimes within a single organizational unit – term-time (applicable to schools) and non-term (applicable to preschools) – creates significant interpretative doubts in labor law practice. The primary scientific objective of this study is to establish consistent principles for determining the leave entitlements of teachers performing duties in both types of institutions or changing positions during the calendar year, as well as to evaluate the applicability of the Labor Code to this group of employees. The research thesis posits that the current legal framework under the Teachers' Charter fails to provide sufficient clarity regarding leave calculation in composite organizational structures, and that adopting an interpretation based on the criterion of dominant working time (functional proportionality) prevents operational paralysis of the institution and avoids violating the principle of equal treatment of employees. The study primarily employs the legal-dogmatic method, involving a comprehensive analysis of the Teachers' Charter, the Education Law, and the Labor Code, complemented by functional, teleological, and systemic methods of interpretation, alongside an analysis of judicial decisions, administrative supervisory rulings, and legal doctrine. In conclusion, specific de lege ferenda proposals are formulated.

  26. Urzeczywistnienie prawa do pokoju zobowiązaniem na przyszłość

    This paper addresses the issue of the right to peace as a contemporary category of human rights from a reflective and axiological perspective, within the context of globalization and transnational threats. The analysis focuses on the interrelationship between the right to peace, human dignity, justice and solidarity, as well as on the distinction between "negative peace" and "positive peace." It also outlines the normative background of the right to peace through a concise discussion of selected international legal instruments and United Nations standards (soft law), treated as reference points for the human rights debate. The paper identifies key barriers to the realization of the right to peace in the twenty-first century, including armed conflicts, terrorism, forced migration, climate change, cyber threats and disinformation, and highlights the role of education and a culture of peace in shaping attitudes conducive to its implementation. In conclusion, it is demonstrated that the right to peace has a complex and binding character, as its protection constitutes a prerequisite for the effective enjoyment of other human rights.

  27. Areszt elektroniczny a ograniczenie skali stosowania tymczasowego aresztowania

    This article examines the draft bill of 7 January 2025 prepared by the Criminal Law Codification Commission, amending the Code of Criminal Procedure and certain other acts, the principal objective of which is to introduce electronic arrest as a new preventive measure. The draft assumes that the purpose of introducing electronic arrest is to reduce the scale of the use of pre-trial detention. The discussion in this article attempts to assess the legitimacy and effectiveness of the proposed solutions in the context of the stated objective. The article provides a brief overview of the development of electronic arrest and electronic monitoring in Poland and selected foreign jurisdictions, followed by a discussion of the draft bill. The assessment takes into account the findings of legal scholarship regarding the causes of the prolonged use of pre-trial detention and verifies the drafters' assumptions concerning the impact of adopting electronic arrest on the scale of pre-trial detention.

     

  28. Procedura zmiany płci w prawie czeskim – zagadnienia wybrane

    The present study is devoted to the procedure of gender reassignment in Czech law. The reason for consideration in this area is the demand – formulated by the judiciary – for the introduction of amendments to Section 29 of the Czech Civil Code, significant from the perspective of persons with gender identification disorders. Namely, it is pointed out, among other things, that it is necessary to repeal the obligation of persons with gender identification disorders to undergo gender correction surgery. For this reason, and in view of the previous position presented by representatives of legal science in the Czech Republic, the current legal regulations relating to the procedure of gender reassignment in Czech law were analyzed. The study ends with a conclusion, in which the proposed normative solutions in the area of legal and medical aspects of the gender reassignment procedure in Czech law are critically evaluated.

  29. Legal Nature of Third-Party Funding Agreements under Polish Law

    This article explores the legal nature of third-party funding agreements (LFAs) under Polish civil law, situating the discussion within broader EU regulatory developments and comparative legal analysis. The article analyses LFAs considering the principle of party autonomy and its limitations, including pactum de quota litis, assignment of claims, and disproportionate funder returns. By comparing LFAs to close contracts such as silent partnerships, insurance contracts, and loans, the article claims that LFAs shall be classified as sui generis contracts under Polish law. The analysis leads to the conclusion that while there is no immediate need for specific regulation of LFAs under Polish or EU law, targeted regulatory efforts at the EU level – particularly on funder capital adequacy and public policy safeguards – could enhance legal certainty and support the responsible growth of the litigation funding market.

  30. Zastosowanie rzymskiej paremii „ei incumbit probatio qui dicit, non qui negat” w systemie prawa kontynentalnego i anglosaskiego – aspekt porównawczy

    The aim of this article is to analyse the significance and scope of application of the Roman legal maxim ei incumbit probatio qui dicit, non qui negat in contemporary legal systems, namely civil law and common law, with particular emphasis on Polish and English law. The starting point of the analysis is the presentation of the origins and functions of legal principles in Roman law, followed by their evolution towards the modern understanding of legal principles as norms of significant axiological and functional importance within the structure of the legal system. The analysis focuses primarily on a comparative assessment of the interpretation and implementation of the principle in Polish civil procedure and in the English procedural model based on the Civil Procedure Rules. Particular attention is devoted to the distinction between the legal (material) and evidential (formal) burden of proof, as well as to the practical mechanisms of its application in judicial proceedings, and to the role of expert evidence as one of the fundamental instruments for discharging the burden of proof in cases requiring specialised knowledge. The author argues that, despite the universal character of the Roman principle of the burden of proof, its contemporary operation is shaped by differing institutional solutions characteristic of civil law and common law systems, particularly with regard to the appointment of experts and the form of expert opinions.

  31. Obowiązki zamawiających i wykonawców w świetle zasad udzielania zamówień publicznych

    The axiological framework for activities undertaken on the public procurement market is determined by the principles of awarding contracts. These principles are carriers of high values, such as honesty, equality, impartiality and objectivity. Entities operating on the public procurement market should act in accordance with these values. Since the principles are not norms of conduct, in order to reconstruct the patterns of proper behaviour of contracting authorities and economic operators, the principles of awarding contracts have to be translated into specific obligations. The proper functioning of the procurement segment of the economy depends on the degree of their implementation.

  32. Triada korzyści mediacji karnej: ofiara – sprawca – wymiar sprawiedliwości

    The article presents an analysis of the benefits of criminal mediation in Poland in the context of restorative justice. The first part presents mediation as a form of restorative justice and compares it with traditional retributive justice, pointing out the key differences between them. In the next part, the author presents the benefits of mediation for the justice system and crime victims, as well as the impact of positive outcomes of criminal mediation on the perpetrator obtaining real procedural benefits in the form of more lenient penalties. The study applies the dogmatic-legal method, based on the views presented in the literature on the subject and in the case law of Polish courts.

  33. Stan klęski żywiołowej a „ekologiczne” postulaty w Konstytucji RP – korelacje i konteksty

    The article analyses the constitutional aspects of the state of natural disaster in the light of the state's constitutional duty to protect the environment. The starting point is the flood in south-western Poland in autumn 2024, which led to the first declaration of a state of natural disaster under the current Constitution and exposed the vagueness of the concepts of "natural disaster" and "technical failure". The author considers whether a state of natural disaster could be declared in the case of extraordinary environmental pollution which does not directly threaten human health but may lead to an ecological disaster. The analysis covers Article 5 of the Constitution, with its principle of sustainable development, and the provisions on environmental protection (Articles 31, 68, 74 and 86), which may justify restrictions of rights and freedoms within broadly understood national security. The final reflection concerns a possible shift from an anthropocentric to an ecocentric constitutional approach, in which environmental protection could become an independent basis for introducing a state of emergency.

Glosy

  1. Glosa aprobująca do uchwały NSA, sygn. III FPS 1/25, wraz z oceną jej skutków proceduralnych

    The resolution of June 16, 2025, ref. III FPS 1/25, finally ended the judicial dispute over the issue of delivering a copy of the order, i.e., whether it should be delivered to the obligated party or to the representative appointed in the main (tax assessment) case. Its procedural effects are currently particularly important in practice. It should be remembered that the delivery of this copy results in the suspension of the limitation period for the tax liability. It is likely that in a large number of proceedings, whether ongoing or already concluded, there have been defects in this respect. It is therefore necessary to consider whether the limitation period has been effectively suspended and, if the decision is already final, whether it can be declared invalid.