Polish Legal System Research Articles

LIMITATION OF THE PRINCIPLE OF OPENNESS IN POLISH JUDICIAL-ADMINISTRATIVE PROCEEDINGS DURING THE PANDEMIC AND THE STANDARDS OF A FAIR HEARING: THE REASONS FOR POSSIBLE COMPLAINTS BROUGHT BEFORE THE EUROPEAN COURT OF HUMAN RIGHTS

Along with the development of the SARS-CoV-2 pandemic, the Polish legislator, by introducing restrictions on the principle of openness in administrative court proceedings, finally decided to exclude the possibility of conducting hearings in court buildings. Currently, it is only possible to proceed in closed session or in the form of a remote hearing – i.e. with the use of technical devices enabling simultaneous direct transmission of vision and sound. The aim of the article is to assess the “Covid regulations” introduced into the Polish legal system, limiting the right of the parties to open hearing of a case pending before administrative courts in terms of the regulations on the right to a fair trial contained in the Convention for the Protection of Human Rights and Fundamental Freedoms.

Prawda jako wartość chroniona prawnie. Problem odpowiedzialności prawnej za naruszenie dóbr osobistych związanych z rozpowszechnianiem nieprawdziwych informacji (fake news)

In the Polish legal system, there are no legal regulations that allow to block publication in case of disseminating false information (fake news) in internet. The article encompass analysis if legal device like personal rights under polish civil law can be used to protect against the fake news. Analysis was made to answer the questions whether the polish model of the protection of personal rights meets the purpose which is protection against fake news or whether it contains gaps that allow publishing untrue information with impunity. The conclusions is proposals to change legal regulations that limit the possibility of determination of the person who publishes fake news.

REMOTE WORK IN LOCAL GOVERNMENT ADMINISTRATION - A SOLUTION TO THE TIME OF CRISIS OR A NEW STANDARD?

Due to the crisis situation related to the SarsCov-2 virus pandemic, employers were forced to look for solutions that would enable the continuity of work and at the same time secure safety in the era of recommended social isolation. The authors discuss the legal conditions for the use of remote work in local government administration during a pandemic. Legal solutions adopted for the duration of the pandemic made it possible for employees to work remotely, at the request of the employer. The study indicates the legal conditions for the use of remote work in local government administration. The authors also present the assumptions of remote work in the proposed amendment to the Labour Code introducing remote work into the Polish legal system on a permanent basis. They discuss the factors that may limit the use of remote work in public administration, in particular in local government administration, despite the lack of subjective and objective premises for the use of remote work in the draft. These factors are the type of work performed, the workplace and variants of remote work. Due to the use of remote work, certain elements of autonomous subordination permeate the employment relationship of local government employees. It is worthy of a positive assessment that the classic model of subordination of a local government employeeis giving way to a more flexible form of autonomous subordination

Determinanty publicznoprawnej ingerencji w prawo własności w celu wykonania remontu, konserwacji lub usunięcia awarii urządzeń przesyłowych

In this article, the Polish institution of administrative entry to the area in order to carry out repair, maintenance or removal of failures of transmission equipment will be presented. It entitles to public-law interference in the constitutionally protected property right, under the condition that the determinants of its application have been met. The aim of the analysis is to indicate that the expropriation nature of this regulation, which is a specific form of expropriation, requires a strict interpretation of the premises leading to the restriction of the ownership for purposes related to transmission activity. An attempt will be made to demonstrate that the restriction of the ownership made on the basis of an administrative decision meets the expropriation standards applicable in the Polish legal system. The presented issues are not only of purely theoretical importance, but will also be used in the application of legal regulations by both public administration authorities and transmission companies applying for a permission.

Assessment of the Correct Implementation of Article 4 of Directive 2008/52/EC of 21 May 2008 on Some Aspects of Mediation in Civil and Commercial Matters in the Polish Legal System

Assessment of the Correct Implementation of Article 4 of Directive 2008/52/EC of 21 May 2008 on Some Aspects of Mediation in Civil and Commercial Matters in the Polish Legal System

Parential Alienation in the Polish Legal System

Abstract The aim of this article is to present an issue that has recently become more and more important in the social and legal discourse, namely parental alienation. This phenomenon is generally only partially regulated in the Polish legal system, hence there are questions about penalizing behavior that manifests itself in counteracting contacts or exercising alternate custody. The aim is to explain the concepts of parental alienation syndrome and parental alienation, to analyze the legal aspects of parental alienation, and to point to the alternate seal as a possibility of preventing cases of parental alienation.

Instytucja recall – narzędzie demokracji czy zabawka w rękach opozycji?

The subject of the study is one of the institutions of direct democracy sensu stricto – recall, which operates in Poland at the level of local government. This article is an attempt to answer the question whether this institution should be introduced into the Polish legal system at the national level. In order to answer the above question, it is necessary to present the principles of the functioning of this institution in other countries. The use of the comparative legal method allows for the submission of a postulate to introduce such an institution into the Polish legal system. However, only practice would show whether it would become another form of direct democracy or a tool in the hands of the opposition.

Instytucja asystenta sędziego w Polsce na tle wybranych państw Europy

The aim of the article will be a trial to identify the “best” solution in Polish legal system, while identifying the main differences and similarities in selected systems of European countries. Taking the differences in the legal traditions and cultures of all judicial systems, there is a need for in-depth comparative studies. The article will characterize the position of a judge’s assistant in Poland in comparison with the other European countries (Austria, Germany, Switzerland, Italy), which had the greatest impact on the development of Polish law. The article analyzes the position of an assistant judge in the Poland in relation to various systems of European law, in the institutional and legal dimension, taking into account practical problems and the applicable legal status. The authors also relied on the Opinion 22 (2019).As the conclusions, the authors proposed, inter alia, change of legal regulations regarding to the promotion of assistants in Poland.

Employee-related disclosures in non-financial reports. Evidence from Poland

Purpose: The article assesses the scope of employee-related disclosures in sustainability reports in Poland between 2017 and 2020. Methodology/approach: The research study covered 80 non-financial reports of the companies included in the WIG20 index. The employee-related disclosures were divided into four categories, and 24 non-financial metrics were analysed. The first stage of the research involved a quantitative analysis of selected non-financial metrics. The second analysed the rate of changes in disclosing employee-related information. Findings: From 2017 to 2020, the scope of employee-related disclosures in non-financial reports in Poland increased. Therefore, the transposition of Directive 2014/95/EU to the Polish legal system has had a positive effect on employee-related disclosures in non-financial reports, even though the observed change is evolutionary rather than revolutionary. Research limitations/implications: The sample comprised only 20 companies and selected non-financial metrics; therefore, the results cannot be generalised. Originality/value: The study fits into the current trend of research conducted in the area of sustainability reporting. Using statistical indexes, the development of employee-related disclosures in non-financial reports in Poland after 2017 is assessed.

The Legal nature of guidelines of scientific societies in the light of the Polish legal system.

The paper aims to establish the legal nature of the guidelines in the Polish legal system and the possible formal consequences of introducing such guidelines (litigation, professional responsibility) as well as practical implications concerning the method of treating patients. Analysis is clarifying fundamental issues that largely determine the content of the study. The basic assumption is to analyze the legal nature of the prepared guidelines from the point of view of public law, i.e. from the point of view of the relations occurring between the state, as the primary public law entity, and individual, private entities, such as natural persons, legal persons, or organizational units without legal personality, i.e., to be more precise, e.g., the relations between state authorities and persons practicing the medical professionConclusions:Treatment guidelines fall outside the scope of the universally applicable law subsystem. Therefore, they do not constitute sources of universally binding law. 2. Furthermore, the guidelines do not constitute sources of domestic law, as the issuing bodies have no legal authority to issue them and to mould the legal situation of their addressees. 3. In the regulations shaping the rules of practicing the medical profession, both statutory and corporate (the Medical Ethics Code), the guidelines may constitute the basis for adjudicating on the professional (disciplinary) liability of a physician. 4. The guidelines may pose a barrier to the development of medicine, especially in cases where their issuance by ad hoc groups and the lack of updates lead to the consolidation of outdated clinical practice and inhibit the research potential generated from the bottom up.

Constitutional guarantees of environmental protection on the example of penalties imposed by Provincial Environmental Protection Inspectorates

The article presents the issues of constitutional guarantees related to the protection of the natural environment. The authors of this publication point out that the common good, which is the natural environment, is not only a value that everyone has the right to use, but may also imply the imposition of certain obligations, burdens and restrictions on civil liberties. The authors analyze the constitutional guarantees of environmental protection in the light of fines that have been imposed by the Voivodship Inspectorates for Environmental Protection as a result of violating environmental protection regulations. The basic research method is the analysis of the number of detected violations of environmental protection regulations in 2018-2020 by the Voivodship Inspectorates for Environmental Protection, applicable legal acts on environmental protection, as well as compact publications and scientific articles. The publication presents the importance of environmental protection law in the Polish legal system, which implies empowering the authorities to impose sanctions and limiting civil liberties.

Legitimacy of the limitation on freedom of religion during imprisonment (in the light of polish and international regulations)

This article is devoted to consider the legitimacy of restrictions on religious freedom during imprisonment, taking into account the nature of the sentence, the importance of religion in human life and in the life of the convict, as well as international and national regulations. The subject of the analysis is the Polish legal system, starting with the Constitution, which guarantees freedom of conscience and religion to everyone, and in particular Polish executive law, which declares respect for religious freedom in prison. It does not mean the guaranteeing unlimited access to religious practices and services, because imprisonment limits many human freedoms, also in such a sensitive area as religious freedom. In the course of the analysis, we considered the legitimacy of restrictions provided by criminal law, taking into account international standards for the protection of human rights and Polish regulations, which guarantee human rights and freedoms.

The Legal Status of the Savings and Loan Associations in the System of Polish Legislation

Aid and loan funds are a self-help institution in the work environment. The Act of 11 August 2021 on aid and loan funds regulates their status for the first time in a comprehensive manner. The article presents issues related to their organization and functioning in the Polish legal system.

Changes in the Field of Budgetary Reserves Management in Connection with the Need to Ensure the Epidemic and Financial Security of the State During the Pandemic of SARS CoV-2

The spread of the SARS-CoV-2 virus and the related restrictions on commercial transactions have an economic effect whose scale is difficult assess. At the same time, the need for activities intended to prevent and counter the epidemic results in a significant increase in public spending, which undoubtedly threatens the financial security of the state. For the above reasons, numerous rules that modify the principles of public finance management were introduced to the Polish legal system after the state of epidemic had been declared. The aim of the article is to present and analyse the amendments in the field of management of the general reserve and special purpose reserves that were introduced to the Polish legal system in order to ensure the proper execution of budgetary tasks during the pandemic. This aim is achieved through the presentation and analysis of the so-called Second Anti-Crisis Shield, i.e. the Act of 31 March 2020 amending the Act on Special Solutions Related to Preventing, Counteracting and Combating COVID-19, Other Infectious Diseases and the Resulting Crisis, as well as the provisions of the so-called Budget-Related Act for 2021, i.e. the Act of 19 November 2020 r. on Special Solutions to Implement the Budget Act for 2021. The implementation of the indicated research objective leads to conclusion that the introduced changes significantly broaden the scope of the executive’s decision-making competence in the implementation of the state budget, which may raise doubts in the light of the constitutional principle of exclusivity of the legislative authority in shaping state revenues and expenditures.

The Social Factor in the Court of Cassation – Internal and External Motivations

The article presents the results of empirical research devoted to the motivation for serving as a lay judge of the Supreme Court of the Republic of Poland. The social factor was introduced into the Polish legal system under the Act of December 8th, 2017 on the Supreme Court. Public discourse has pointed to the legislature’s intent to provide broader, social legitimacy to the Supreme Court. The participation of the social factor is envisaged in the following proceedings: disciplinary and extraordinary appeal. The empirical study consisted in the Supreme Court lay judges filling a survey, which included a series of questions – mainly closed ones – concerning their motivation for holding the office, their management style, the way they work in a group, the role of rewards and reinforcements, but also their opinions on their functioning in the Supreme Court, their sense of satisfaction with their work, and their possible proposals for changes in the existing regulations. The article consists of a theoretical part, devoted to the legal regulations concerning the institution of lay judges of the Supreme Court, a discussion of the methodology of the study, its results and final conclusions. The authors only present and discuss the obtained results, without evaluating the legitimacy of introducing the social factor into the judicial process at the level of the Court of Cassation from the perspective of the theory and philosophy of law or the science of management and quality. The aim of the study was to examine the social attitudes of people who decided to run for the position of a lay judge of the Supreme Court and were sworn in after successfully passing the induction procedure. The analysis is interdisciplinary. The study was prepared with the participation of researchers representing a number of disciplines in the field of social sciences: economics, law, management and quality sciences and psychology.

Digitalisation of the Functioning of Bodies of Corporate and Non-Corporate Entities in the Light of Covid-19 Regulations

The purpose of the article is to compare the regulations governing remote participation in the meetings of bodies of corporate and non-corporate entities, which were introduced to the Polish legal system during the COVID-19 pandemic. On this basis, the optimal solution is chosen. Comparison of regulations of the Code of Commercial Companies, Cooperative Law, Law of Associations, Law of Foundations and Apartment Ownership Act leads to a conclusion that the solutions contained in the Code of Commercial Companies should be assessed as the best. This act to the greatest extent takes into account the need of ensuring remote participation in the meetings of the bodies and at the same time meets the principle of technological neutrality and provides an appropriate level of security. Due to the need to introduce permanent regulations ensuring remote participation in the meetings of the bodies of corporate and non-corporate entities, the regulations of the Code of Commercial Companies can be used as a starting point for creating similar regulations that are adapted to the specific characteristics of particular entities. Therefore, the article presents possible directions of development of the national law in relation to the discussed issue.

Participation of the Special Self-Government in the Performance of Public Administration

The aim of this article is to analyse the bases in the Polish legal system for the functioning of the special self-government and its role in the exercise of public administration through the analysis of professional and business self-governments. The professional self-government is the expression of building the civil society. Introduction to the Polish basic law of the self-government of public trust is the expression of creation of citizens’ trust to the specific profession. On the other hand the essence of the economic self-government is seen in the corporation created by law, equipped with administrative authority to perform the decentralized public administration and created for the empowerment of entrepreneurs, thus expanding the scope of participatory management.

STOSOWANIE RODO W ZAKRESIE SZTUCZNEJ INTELIGENCJI I WYNIKAJĄCE Z TEGO ZAGROŻENIA DLA BEZPIECZEŃSTWA INFORMACYJNEGO PAŃSTWA

Both national security and information security are closely associated with and connected to the emerging field of artificial intelligence. In this regard, following the presumed axioms of the anticipated proliferation of AI systems within modern society and its expected widespread implementation in vital public and private institutions and furthermore the extensive application of AI systems within personal data processing, possible threats to national and information security within the European Union - with an emphasis on Poland and the Polish legal system – are explored. On the basis of an overview of the theoretical basis of the concepts of national and information security and artificial intelligence, the emergence of AI within personal data processing in the context of the GDPR legal framework is discussed. At least one potential conflict between the implications of the hypothetical scenario of the emergence of the so-called strong form of artificial intelligence and both the Polish data privacy legal framework (based, inter alia, on the GDPR) and the Polish information security is being identified in this context. The academic article draws the conclusion that the emergence of so-called “strong AI” may lead to a number of real and probable threats to the system of personal data protection and information security in Poland (and possibly in other EU Member States as well). The paper finally concludes by outlining and discussing the negative impact of the identified conflict, in particular on Polish information security, and calls for efforts to address these issues in future studies in the academic literature.

Professional responsibility of the pharmacist in the Polish legal system

Professional responsibility of the pharmacist in the Polish legal system

Role of Polish Armed Forces and Crisis Management System in Cultural Property Protection – review and analysis

Deterring a crisis or war requires the commitment of large forces and resources that may include armed forces, security services or other non-military defense elements. The entire crisis management system is organized by the public administration. A crisis and the threat of war necessitate the implementation of a wide range of tasks aimed at securing life, health and property. Cultural property is a special category of property protected under the Polish legal system. The Republic of Poland undertook to protect it upon accession to the Hague Convention of 1954 on the Protection of Cultural Property in the Time of an Armed Conflict. This international agreement, along with the Polish experiences of the Second World War, laid the foundations for building an efficiently functioning system for the protection of cultural property during an armed conflict. Recent years have brought an increase in global interest in this area. Asymmetric threats against cultural heritage objects forced the involvement of military entities in developing security mechanisms. The author will provide an overview of national institutions tasked with the protection of cultural property in times of peace, assess the quality of these institutions as well as propose de lege ferenda postulates that could improve their functioning.