Tom 62, Nr 3Prawo i Więź

The paper analyses new directions in understanding personality disorders in light of the ICD-11 dimensional model and their legal and medical implications for the workplace. The authors present the evolution from the traditional categorical model to the dimensional model, which allows for more precise diagnosis and personalisation of therapy. Using a dogmatic-legal method and a review of the literature, the researchers argue that the new diagnostic model allows for better identification of psychosocial risks in organisations. However, effective prevention requires legislative changes.

This paper addresses the moment of obtaining the status of a passive party in proceedings regarding the disciplinary liability of an academic teacher. The regulations governing this procedure are unclear and inconsistent, and therefore the issue mentioned above receives divergent interpretation. Two opposing positions have emerged: the first one, which considers that in order to create a passive party, it is sufficient to issue a decision to initiate explanatory proceedings, and the second one, which requires the presentation of charges in this respect in the explanatory proceedings. The author discusses arguments for both viewpoints, favouring the second one and referring to various circumstances to justify his stand.

Freedom of association is an important constitutional value that is granted to every person. Therefore, a minor has the opportunity to participate in its various manifestations - from formalized groups to other unorganized cooperatives. The real possibility of children to participate in associational organizations varies – the greatest rights appear in the school environment. As a child freedom of association is demonstrated by his or her participation in school cooperatives. The article discusses the impact of student cooperatives on the development of a minor. Additionally, reference was made to the proposed normative regulations regarding student cooperatives.

The aim of this paper is to answer the question of whether the harmonisation of substantive criminal law is a matter of EU competence, which involves expanding the scope of criminalisation by means of use of the blanket authorisation under Art. 83(1) subpara. 3 TFEU means going beyond the principle of conferral. The author, using a dogmatic method and a comparative analysis of Polish and German constitutional law as well as the European integration law, is inclined to provide an affirmative answer.

The system of free legal aid was established in 2015. It was intended to provide access to pre-trial legal assistance for individuals whose financial or life situation made them unable to bear the costs of legal services offered on the open market by attorneys at law and advocates. The assistance was originally meant to be provided, in principle, by professionals. The legislator deviated from these assumptions by creating a new service involving the provision of free civic counselling. The author attempts to assess the normative model of access to free aid and presents the most significant legislative changes that have been implemented over the years of the law’s existence.

It has not yet been decided whether the exploitation regulated by Article 388 of the Civil Code applies to all types of transactions – particularly commercial transactions. The legislature has not clarified the subject-related prerequisites of exploitation, using only the general terms ”party,” i.e., exploiter and exploited. The purpose of this study is to provide a detailed analysis of the situation of an entrepreneur as an exploited party within the meaning of Article 388 of the Civil Code. First, it is demonstrated that an entrepreneur falls within the scope of application of Article 388 of the Civil Code. Next, the arguments supporting the possibility of recognizing an entrepreneur as an exploited party within the meaning of Article 388 of the Civil Code are presented and analyzed. Among these, the grounds for exploitation were discussed; attention was drawn to the most recent legislative amendment, together with the explanatory memorandum to the draft legislation; arguments based on the legal nature of exploitation, the protection of the parties’ contractual autonomy, and the wording of Article 1 of the Civil Code were then put forward.

This paper examines the evolving role of the Constitutional Court of Kosovo in shaping democratic governance through constitutional adjudication. Focusing on its jurisprudence on presidential elections and government formation, it analyses how constitutional procedures, voting thresholds, and institutional mandates have been interpreted in a fragile post-conflict context. This paper argues that the Court has played a decisive role in resolving political impasses by clarifying constitutional ambiguities and enforcing procedural discipline where political institutions have failed to act. Drawing on theories of judicial activism and procedural constitutionalism, this paper contends that the Court has functioned as a stabilising force in Kosovo’s constitutional order. While some decisions reflect a strict formalist approach, others demonstrate adaptive reasoning aimed at safeguarding democratic continuity and constitutional legitimacy. It concludes that constitutional activism has contributed to democratic consolidation, though its long-term sustainability depends on a balanced relationship between judicial authority, political responsibility, and constitutional reform.

To obtain the status of a central purchasing body, it is sufficient to meet the conditions specified in Art. 44 sec. 1 of the Public Procurement Law. The body appointing or designating the central purchasing body pursuant to Art. 47-49 of this Act should always instruct specific entities to use its services. It is not permissible to designate or appoint as the central purchasing body an entity that does not meet the conditions listed in Art. 44 sec. 1 of the Public Procurement Law. When the central purchasing body commences its activity, the condition for permanence of its operations should be assessed based on the entity's intention to conduct it in this manner. In most cases, entities interested in using the services of the central purchasing body are not obliged to conclude an agreement with it. Its conclusion will be advisable in the event of a voluntary entrustment of the award of a contract to the central contracting authority. The lawmaker should consider repealing sec. 2 and 3 of Art. 48 of the Public Procurement Law.

The paper’s purpose involves identifying the legal and ethical aspects of artificial intelligence applied in HR and considering the possibilities of regulating this process in different labor markets. This paper defines how AI affects recruitment, performance evaluation, and HR management. This paper considers the need to create international standards and agreements governing AI applications in HR management that would be the legal ground for safeguarding employees’ rights and strike a balance between automation and human factors. The results reveal that AI significantly improves recruitment efficiency and decision-making capabilities in HR by automating candidate screening and analyzing large datasets. The research concludes that successful AI implementation in HR requires balancing technological innovation with ethical and legal considerations. Clear regulations governing the roles and responsibilities of AI developers, operators, and users are essential to prevent discrimination and ensure data privacy. These findings have broader implications for other sectors, such as healthcare and education, that are looking to integrate AI technologies.

The subject of the study is the issue of necrophilia, which is a disorder of sexual preferences. This phenomenon is presented both in medical and criminal law terms – using the formal (dogmatic-legal) method. Additionally, based on the analysis of one of the cases covered by the case file research, difficulties that may occur during criminal proceedings in connection with issuing an opinion on the sanity of the perpetrator of a sexual crime committed on a corpse (empirical method) are shown. The aim of this paper is to present necrophilia as one of the disorders of sexual preferences rarely discussed in the literature, which from the perspective of criminal liability remains marginalized, especially in comparison with pedophilia. Doubts regarding the sanity of the perpetrator apply not only to the crime of murder combined with rape or desecration of a corpse, but also to other acts committed against the body of a deceased person. The research results and the formulated conclusions allow for determining the legal and criminal status of necrophilia as a disorder of sexual preferences and identifying the difficulties occurring in the practice of giving court opinions in cases concerning perpetrators of such crimes.

The issue of positive obligations, and in particular procedural obligations, is very important in the sphere of contemporary international protection of individual rights. Positive obligations include substantive and procedural obligations. An extremely important element of this construct is the safeguarding of substantive guarantees by procedural means. Supplementing substantive rights with effective investigation procedures ensures its practical dimension and protects such law from becoming theoretical and illusory. Leaving any legal guarantee without procedural safeguards will prevent or, at best, significantly hinder its use by the entitled entity. The quality of procedural measures is also important, as they should fulfil their role effectively in order to ensure the real possibility of using the appropriate mechanisms and procedures to secure the substantive guarantee. The aim of this study is to examine the views that accurately reflect the need for procedural safeguards for substantive guarantees of individual rights. From the perspective of international human rights law, the aim is therefore to present views that formulate the theoretical and legal basis for the creation of positive obligations, especially procedural obligations, with regard to fundamental individual rights. In this regard, the views of Robert Alexy and John Finnis are particularly important. Both authors seem to reflect in the broadest sense the nature and theoretical basis of the need to supplement substantive guarantees with procedural mechanisms.

The aim of this paper is to present the tax consequences of work within artificial intelligence. For its implementation, reference was made to the general assumptions of taxation of individuals, taking into account tax preferences, with research and development activities being given importance. The methodology adopted to achieve the research objective is based on the analysis of legal regulations on IP BOX and R&D relief, tax explanations, individual interpretations and the case law of administrative courts. The analysis conducted concerns mainly the provisions of substantive tax law and judgments of administrative courts and, to a small extent, individual interpretations of tax law provisions. The author’s intention was to present solutions in the sphere of legal and tax regulations shaped in the context of personal income tax, which can be used by individuals creating projects related to artificial intelligence, or contributing to or using artificial intelligence.

The purpose of this study is to present the arguments that efficient proceedings administrative court proceedings is a simplified procedure. The authors argue that limited evidentiary proceedings before an administrative court and the possibilities offered by the Act on Proceedings before Administrative Courts administrative court proceedings, make it possible to accelerate court proceedings by settling cases in closed sessions.

Can a public authority retract its own decision? This question becomes crucial in the context of analyzing the institution of the counter-signature within the Polish constitutional system—particularly in light of attempts to withdraw the Prime Minister’s signature from an official act of the President of the Republic of Poland. The authors explore the permissibility of revoking a counter-signature, understood as an act of assuming political responsibility for the decision of the head of state. They argue that the counter-signature strengthens parliamentary oversight of the executive and constitutes an integral element of the constitutional procedure, whose legal effects are binding and durable. The analysis takes into account the systemic importance of the presumption of the counter-signature’s necessity and the strict interpretation of constitutional exceptions, leading to the conclusion that a unilateral withdrawal of responsibility for co-signed presidential acts is inadmissible.

Recently, we have observed the phenomenon of multi-crisis, a multicausative crisis characterized by uncertainty and unpredictability in social life, including economic life. During this period of extraordinary volatility, the rebus sic stantibus clause is gaining importance. This multi-crisis forces a redefinition of the clause and a paradigm shift in its functionality. The aim of this study is to examine this clause in circumstances of extraordinary change. The premise of this research is to confront the clause within the framework of new institutional economics, which is becoming a research method in the economic analysis of law. This redefinition of the clause may occur against the backdrop of broader paradigm shifts and phenomena such as protectionism, deglobalization, and digitalization, and consequently, changes in the axiology of law. This study undertakes an analysis that goes beyond the standard dogmatic analysis of the legal institution of the rebus sic stantibus clause, but addresses the axiological and paradigmatic level within the legal system (the division of private law into civil and commercial law, the unification of law, the growing importance of soft law, and the privatization of public law). It seems that the rebus sic stantibus clause may acquire a broader axiological significance in the justice perspective.

In May 2020, the chapter 2aa – Warranties of Independence and Impartiality of the Administrator was added to the Act on Rail Transport. Then, in July 2020, a project to amend the Code of Commercial Companies (UD 113) was published on the website of the Government Legislation Centre, which presumed to introduce a legal regulation in the form of the so-called holding law to the Polish law of commercial companies. This project was processed in the Parliament of the Republic of Poland – No. 1515. Therefore, the goal of the paper is to present the influence of the amendments to the Code of Commercial Companies on the performance of regulatory tasks by the President of the Office of Rail Transport in the context of the regulations of chapter 2aa of the Act on Rail Transport. The thesis of the paper is the statement: the provisions of the Railway Transport Act constitute lex specialis in relation to the provisions of the Commercial Companies Code.  

The aim of this study is to demonstrate how Irving L. Janis’s groupthink and bad decision-making are analyzed within sociology of law, as well as what their potential consequences may be in local government, cooperatives, and social movements. The analysis of this issue indicates that Irving L. Janis, in his analytical interpretation of groupthink, drew attention to certain regularities existing within groups, including the tendency to strive for consensus within the group becoming so strong that it suppresses realistic alternative assessments and critical thinking. The characteristics of groupthink syndrome include: a) the illusion of omnipotence, invincibility, infallibility, and self-confidence; b) group efforts to rationalize one's own actions; c) an unquestioned belief in the group's morality and professional ethics; d) stereotyping opponents of a given problem solution and treating them as enemies; e) direct pressure on group members to enforce compliance and conformist behavior; f) self-censorship of deviations from group consensus; g) a shared illusion of unanimity; h) the emergence of individuals who filter information and censor bad information.

The paper analyzes the expressive social movement of women named Krystyna as a form of grassroots civic activity within the framework of multisectoral social policy. The author places her considerations in the context of changes in the welfare state, the development of civil society, and civic (active) social policy, implemented in cooperation between the public, private, social, and informal sectors. The subject of the analysis is the nationwide Krystyna movement, operating since 1998, which has transformed from a social category linked by a common name into a new, unconventional social movement of an expressive and bond-building nature. Empirical research (surveys, interviews, participant observation) has shown that this movement promotes the integration of women, mainly senior citizens, builds social capital, and initiates grassroots social and aid activities. The Krystyn phenomenon has been interpreted in the light of classical and contemporary theories of social movements. The author argues that despite the lack of a formal program and reformist goals, the movement meets most of the criteria of a social movement, especially in terms of emotional community, informal networks of relationships, and cultural expression. The paper emphasizes the importance of the Krystyn movement as an example of the functioning of civil society, especially in the area of senior citizen policy.

The United Nations’ 2030 Agenda for Sustainable Development underscores the critical need to address water pollution, emphasising the importance of effective measures for its mitigation and prevention. In alignment with these global priorities, the European Union’s Directive 2008/99/EC on the protection of the environment through criminal law established key principles for holding individuals and legal entities responsible for environmental harm, including water pollution. The Directive mandated the implementation of proportionate and dissuasive criminal penalties to deter environmentally harmful behaviour. Reflecting these standards, Polish and Lithuanian criminal law treat water pollution as a serious offence, recognizing its potential to cause significant environmental degradation. The new Directive 2024/1203 of the European Parliament and of the Council on the protection of the environment through criminal law, which has replaced Directive 2008/99/EC, strengthens the framework for imposing effective, proportionate, and dissuasive criminal penalties. Its provisions aim to ensure that the penalties correspond to the gravity of the offences. The authors analyse the provisions of the new Directive and examine ongoing concerns related to judicial leniency in handling environmental offences in cases concerning natural persons. They argue that, in light of both the UN’s Agenda 2030 and evolving EU legislation, proportionate and consistent criminal penalties are essential to effectively combat environmental crimes, including water pollution.

This paper concerns the impact of declaring bankruptcy by an accused person on the possibility of including in a conviction an order to compensate for damage caused by crime. Despite a considerable amount of criminal proceeding concernig such a configuration this topic was not the subject of any analysis of judicature or doctrine by far. The purpose of the study is to answer the question if – and if so, in which cases – criminal judge should refrain from ruling an order to compensate for damages. The analysis is focused on an influence of prohibition on pursuing a claim after declaring bankruptcy (art. 263 of Insolvency Law) on examination of the application for repair based on art. 46 of Criminal Code. Then it is completed by reference to comments regarding application of art. 415 of Code of Criminal Proceedure in case of notification, inclusion and rejection of inclusion claim of compensation damage caused by crime on a list of claims. The effect of the study is specification of cases, when including an order to compensate for damages in conviction occurs as an unacceptable.

Eurodac, as a large-scale information system, serves primarily to indicate the European Union Member State responsible for examining an application for international protection and to limit the possibility of third-country nationals to submit asylum applications in several EU Member States. Adopted in May 2024, as part of the Pact on Migration and Asylum, Regulation 2024/1358 on the establishment of Eurodac significantly expands the system’s previous scope. The primary aim of this paper is to show how the adopted changes can contribute to improved border security and control within the Schengen area. Attention will also be given to ensuring interoperability between large-scale information systems operating within the EU’s area of freedom, security, and justice. Additionally, the issue of effective and timely implementation of the Pact, which is set to apply from mid-June 2026, is presented.

This paper presents the heuristic value of analysing the judicial model of dispute resolution in the context of practical discourse, in the light of the main contemporary theories of legal discourse. Judicial activism, manifested in a willingness to depart from established practices and models in case law in order to interpret legal norms, has become a leading factor in an in-depth reflection on the postulate of effective communication and a universal understanding of the law. The manner and form in which judgments are reasoned form part of the contemporary debate on the relationship between justice in the postmodern era and the culture of legal language. This paper contributes to research on the use of judicial analysis of the law in contemporary legal discourse.

This essay examines the British monarchy as a unique institution that has endured for centuries by balancing tradition with adaptation, maintaining a significant role in the UK’s political and social system. It begins by contextualizing European monarchies, noting their political marginalization in the democratic era, where monarchs must adapt to the “will of the people” to survive. The British monarchy stands out for its adaptability, rooted in the flexibility of the UK’s unwritten constitution, which blends historical continuity with dynamic evolution. Drawing on thinkers like Edmund Burke, Walter Bagehot, David Cannadine, Vernon Bogdanor, and Martin Loughlin, the essay explores the monarchy’s evolution from a divinely sanctioned institution to a symbol of national identity and democratic legitimacy. Burke highlights the constitution’s organic development, Bagehot distinguishes its “dignified” and “efficient” roles, and modern scholars like Bogdanor emphasize the monarchy’s neutral role in democracy. Cannadine underscores its ability to create unifying rituals, particularly in the imperial and post-colonial eras. The essay also addresses contemporary challenges, such as lower support among younger generations and ethnic minorities and its role in the Commonwealth. It argues that the monarchy’s success lies in its ability to balance conservatism and modernism, ensuring its relevance in a changing world. The conclusion suggests that the monarchy’s future hinges on continued adaptation, especially amid demographic shifts and potential republican sentiments.

This study aims at analysing the right of judges to make strike, requests and comments on their status, including the social policy regarding service pensions. The analysis takes into account the freedom of expression of judges in the relationship with the Government and the Parliament in matters of interest for the justice system and their obligation to show restraint in their behaviour in order to avoid compromising their independence and impartiality.

Polan‘’s accession to the European Union triggered an intense wave of debate concerning the phenomenon of legal inflation. Various diagnoses of the problem were soon followed by proposed remedies. In legal theory and legislative studies, these remedies were primarily linked to the conviction that the law-making process itself required substantial improvement. In public discourse, however, hope was predominantly placed on deregulation. Nevertheless, both the conceptual contours of "deregulation” and the very notion of legal inflation have remained remarkably vague and blurred in most of these discussions.  The purpose of this paper is to examine the issue of “deregulation” not from the perspective of the legislative process or its constitutional dimension, but rather by focusing on the object of deregulation — that is, the phenomenon (or set of phenomena) variously described as “legal inflation,” “over-regulation,” and numerous other terms. The paper defines the concepts of legal inflation sensu stricto and sensu largissimo, and also indicates the possibility of defining legal inflation sensu largo. The core concept – legal inflation sensu stricto – encompasses not only cases of “excessive regulation” but also, and crucially, a decline in the quality of law. It refers to the enactment of provisions that are non-normative (i.e. that do not express legal norms or fragments necessary for their interpretation, or do so in a defective manner), including so-called duplicate rules, widow rules, orphan rules, and poorly drafted provisions, as well as law that is unclear, incoherent, or ineffective.

This study examines the potential of Zero-Knowledge Protocols (ZKPs) as cryptographic mechanisms that enhance privacy and security in the context of advancing quantum technologies. Rather than accepting current legal safe guards and regulatory structures at face value, the study critically evaluates their effectiveness, particularly in healthcare environments where highly sensitive data frequently encounters inadequate protection. The methodology employs a multifaceted approach, integrating qualitative insights, legal case studies, and framework analysis. The findings indicate that zero-knowledge proof techniques can significantly enhance the protection of personal health information. A case study of NantHealth Inc.’s quantum-safe healthcare data protection framework illustrates the practical implementation of post-quantum cryptography and homomorphic encryption, demonstrating how health care organizations may proactively address quantum computing threats while enabling secure data collaboration. The study further demonstrates that incorporating these cryptographic methods into existing legal frameworks not only addresses immediate privacy concerns but also facilitates compliance with evolving data protection standards. The study also suggests that healthcare organizations should reconsider their data security approaches by implementing advanced cryptographic measures while maintaining regulatory compliance. 

Democracy has produced a domino effect, growing and spreading across the planet. The local government system in Ukraine still requires not only a con tinuation and completion of administrative reforms, including, in particular, 
the implementation of modern technologies, but also the activation of the human factor through the development of civil society and increased awareness of civic participation at the local and regional levels. The article presents selected results of a research project carried out in 2025: “The consolidation potential of local government in Ukraine from the perspective of Ukrainian immigrants in Poland, taking into account the implementation of artificial intelligence in local public administration.” The quantitative study was conducted among a group of 400 immigrants of Ukrainian origin residing in Poland at the time of the study. A statistical analysis was performed to compare respondents by age in the context of the following research question: How will the age of potential Ukrainian re-emigrants currently residing in Poland affect the consolidation of local government reforms and the functioning of local government? Will new technologies play a role in this regard?

Article 32 of the Act of 21 May 1999, on firearms and ammunition, as well as from the regulation issued by the Ministry of the Interior and Administration on 26 August 2014, regarding the storage, carrying, and registration of firearms and ammunition. These provisions require urgent legislative changes and the elimination of significant practical uncertainties. In this regard, the author addresses, among other issues, the legal basis for the obligation to apply the PN EN 14450 standard introduced by regulation, the case law of administrative courts concerning the applicability of Polish Standards, and the gaps in the regulations governing the relationship between national standards for firearm storage devices and international regulations. In conclusion, the author proposes a number of possible solutions for the current legal framework in this area (de lege ferenda).

The paper analyses the German concept of structural change (Strukturwandel) in civil law and assesses the prospects for its occurrence in Polish civil law.
This concept is based on inductive reasoning and consists in the observation of the evolving meaning of legal principles and institutions in response to socio-economic transformations. The research thesis of the paper holds that structural changes in both German and Polish law find their justification in the pursuit of contractual balance. The paper employs three research methods: the theoretical-legal method – in the analysis of German legal scholarship; the comparative method – through references to German civil law; and the dogmatic-legal method – in the analysis of the norms of Polish civil law.
The conclusions indicate that structural change is not an exclusively Germanic phenomenon, but affects all systems of civil law responding to the need to strengthen the protection of the weaker parties to obligational relationships. 
The common denominator of this change in both legal orders remains the safeguarding of contractual balance.

The judgment of the Court of Justice of the European Union under discussion concerns the compatibility of the appointment of judges in Poland after 2018 with the second subparagraph of Article 19(1) of the TEU and the second paragraph of Article 47 of the Charter of Fundamental Rights of the European Union. The Court held that, although the National Council of the Judiciary in its new composition does not provide sufficient guarantees of independence to dispel all reasonable doubts as to the regularity of the procedures for appointing judges, and although the right to appeal resolutions of the National Council of the Judiciary to the Supreme Court (Chamber of Extraordinary Control and Public Affairs) in the nomination process cannot be considered an effective remedy, other relevant circumstances surrounding the appointment of a given judge must also be examined tolegitimately conclude that he or she does not meet the requirement of an “independent and impartial court.” The authors take a critical stance towards the conclusions drawn from the above judgment, which, in their view, does not resolve the validity of judicial appointments made after 2018. The Court of Justice’s calls for this issue to be resolved through legislation are clear, but they do not bring us any closer to resolving the existing tension and conflict.

The commentary concerns the judgment of the Supreme Court of 26 January 2024, in which the Court interpreted Article 30(3) of the CMR Convention. This provision stipulates that a reservation concerning delay in delivery must be made “in writing” within 21 days. The Court held that the form “in writing” means that a statement with an original signature must be submitted, which excludes, inter alia, e-mail as an effective form of reservation. The author of the commentary criticises this position, arguing that the Court’s interpretation is too restrictive and does not take into account the function to be fulfilled by the provision in question. In the author’s opinion, a correct interpretation in accordance with the rules of the Vienna Convention on the Law of Treaties and taking into account the dynamic development of communication methods in recent years leads to the conclusion that electronic communication can, in principle, be treated as equivalent to the “in writing” form.