Polish Legislation Research Articles

Implementacja do polskiego porządku prawnego dyrektywy platformowej – problem domniemania stosunku pracy (wprowadzenie do dyskusji)

The aim of this study is to present the key challenge faced by the Polish legislator, which is the implementation of the construction of the presumption of employment relationship as regulated in Art. 5 of the Directive in relation to platform employment. In my opinion, the correct implementation of this construction into the Polish legal system will require extending this mechanism to all employment relationships, including those operating outside the online platform sector. In this sense, the implementation of this mechanism will constitute a revolution for the entire Polish employment law. The implementation of the presumption of an employment relationship into our legal order is of fundamental importance for all employment relations in Poland. It will affect not only the online platform market, but also all individuals engaged in gainful employment. The author critically addresses the proposed solutions, pointing out the flaws and risks associated with introducing this legal construction into Polish labour law.

Article 6 of the European Convention on Human Rights (right to a fair trial) in juvenile cases

The purpose of the article is to determine whether the guarantees of Article 6 of the ECHR in the form of the right to a fair criminal trial are available in juvenile proceedings, including in the welfare model. In addition, the goal was to examine what impact international standards have had on Polish law in this regard. The article uses the formal-dogmatic method and, to a limited extent, the legal-comparative method. The article shows that the right to a fair criminal trial guaranteed by Article 6 of the ECHR also applies in juvenile proceedings. Even in legislatures that adopt a welfare model, if the Engel test leads to the conclusion that the case is criminal in nature, the guarantees apply. The impact of Article 6 of the ECHR on the criminal law of individual countries is shown on the example of Polish legislation, presenting changes in Polish law as a consequence of ECtHR judgments.

Employment Relationship, Emergency Situations, Formal Models of ‘Emergency’ Labour Law - Outline of Main Issues

The study presented in the paper is concerned with a formal (theoretical and legal) model of regulations dedicated to the normalisation of employment relationships in emergency situations (states). By an ‘emergency situation’ the authoress means ‘overall exceptional circumstances caused by special, rare events, unforeseen in an accepted time perspective, in which someone or something was (is) at a certain time’. Until the outbreak of Covid-19, the subject matter of legal regulation of employment relationships in connection with the occurrence of emergency situations has not been given much thought (in our legal circle). This is also relevant to emergencies other than epidemics (warfare, natural disasters, force majeure, etc.). Insofar as research has been conducted to date, it rather focused on substantive and legal aspects of the regulations implemented in connection with the occurrence of such events, while any broader reflection on their formal and legal model has not been conducted. For this reason, in this paper, the authoress has firstly advanced a thesis that a distinction needs to be made between substantive and formal and legal models for the regulation of employment relationships in emergency situations, and secondly an attempt has been made to answer the question of which formal models can be distinguished in this context, what criteria should be used in this endeavour and how, on this basis, the distinguished models should be assessed. The authoress puts forward a thesis that formal models of ‘emergency’ labour law are closely linked to the concern to uphold the elementary democratic standards which should be respected by the law regardless of whether it relates to ‘ordinary’ or extraordinary situations. The research is primarily based on an analytical and linguistic, analytical and logical, dogmatic and legal, and descriptive method. It is conducted mainly on the example of the regulations of the Polish law and the decision of the Polish legislator taken in connection with the Covid-19 outbreak in relation to the method for the regulation of employment relationships during the period covered by it. However, the context of international (convention) regulations is also referred to. The authoress proposes to distinguish three basic formal models for the regulation of employment relationships in emergency situations: the permanent model, the mixed model and the ad hoc model. She concludes that, taking into account both the need for a relative flexibility in legal regulation and the need to maintain the elementary standards of a democratic state of law (primarily a guarantee that the applied legal solutions can be subjected to social discussion and dialogue between social partners), the mixed model should be considered as the most optimal. Keywords: Formal model of ‘emergency’ law; Emergency state; Emergency situation; ‘Emergency’ labour law; Employer’s risk

Należności publicznoprawne jako przedmiot egzekucji sądowej w Polsce i w Austrii

The paper presents results of benchmarking legal solutions adopted in Poland and in Austria with respect to methods of enforcing public-legal receivables. A starting point were the relationships between court and administrative enforcement in the Austrian system, indicating the parallel nature of both ways of claiming financial dues. In the next part of the study, the evolution of Polish regulations was presented in this regard. Initially, like in Austria, they established the equivalency of court and administrative enforcement proceedings, gradually including more and more deviations from this concept, until the complete separation of both proceedings, which took place finally in 2001, as a result of granting the right to carry out enforcement against real properties to administrative enforcement authorities. In the present legal system, public-legal receivables are subject to court enforcement in exceptional cases only, under a special regulation, but even in such instances the court mode of enforcement proceedings is not exclusive. This proves the existence in the Polish legislation of a continuous trend to separate court enforcement proceedings from administrative ones, attributing a predominant role in enforcement of public-legal receivables to the latter. Keywords: administrative enforcement, court enforcement, public-legal receivables, administrative enforcement title, Austrian enforcement law

Psychiatrist's opinion as a premise for legal termination of pregnancy.

The article presents the provisions currently in force in Polish legislation regarding legal termination of pregnancy. In particular, it refers to the premise of a psychiatrist's decision that the health of a pregnant woman is at risk. Under Polish law, termination of pregnancy is generally prohibited and penalized. However, there are two exceptions to this prohibition. Such a procedure is permitted if: the pregnancy poses a threat to the life or health of the pregnant woman, or if there is a reasonable suspicion that the pregnancy was the result of a prohibited act. The text presents an overview of the relevant regulations and tips on their interpretation and application in everyday medical practice. This issue is particularly important for psychiatrists consulting maternity wards. In addition, the most important mental disorders related to pregnancy and childbirth are described. The clinical features and prevalence of perinatal mood disorders and psychoses are presented. The issue of suicide among pregnant and postpartum patients was also discussed. A sample certificate template was proposed, and guidelines were discussed as to what information and conclusions should be included in the opinion of a psychiatrist.

Contact lenses as a preferred choice for vision correction in various clinical scenarios with regard to work environment

Amendment to the Regulation of Minister of Labour and Social Policy of 1 December 1998 on safety and occupational hygiene at positions equipped with display monitors, adopted on October 18th, 2023, entered the long-awaited by employees possibility of reimbursement for corrective contact lenses, adjusting the Polish legislation to European directive regulating working conditions with display screen equipment. Contact lenses in many cases of refractive errors can be an alternative to prescription glasses method of correcting the visual impairment. There are however many clinical conditions, in which contact lenses can provide a better corrective effect on visual acuity. The information contained in medical databases of articles and scientific journals (PubMed, Biblioteka Nauki), online publications (Lippincott Journals), books, applicable legal regulations (available in Internetowy System Aktów Prawnych) and guidelines published by organizations and associations (Nofer Institute of Occupational Medicine in Łódź, Occupational Safety and Health Administration, Tear Film & Ocular Surface Society) were analyzed, covering the discussed issues over the years 2000-2023. Non-correction or suboptimal correction of a refractive error can cause a wide variety of troublesome symptoms, such as eye pain, headache, double vision, balance disorders, nausea, disturbances in the perception of the surroundings, contributing to poorer work efficiency, faster fatigue or an increased risk of error. This article, which is a narrative review, aims to present these conditions, as well as provide a brief overview of the types of contact lenses used, complications that may result from their use and contraindications to the use of this type of correction. Med Pr Work Health Saf. 2024;75(4):383-390.

The Holy See’s Charter of Rights of the Family and the Family Law of Contemporary European States

After presenting the main provisions of the Charter of the Rights of the Family, announced by the Holy See on 22 October 1983, the paper discusses the key directions of changes taking place in almost all modern European states in the last three decades. Solutions concerning so-called same-sex marriages or partnerships, adoption of children by homosexual couples, and surrogacy are included. The manner in which the solutions in individual European countries are implemented is examined to illustrate the corresponding changes chronologically. The paper also touches on the following: the evolution of the ECtHR jurisprudence in cases concerning relationships between homosexual persons, hate speech by reason of sexual orientation and gender identity, and the age of legal sexual intercourse. The ECtHR jurisprudence is illustrated with representative examples of judgements, and the latter two issues are highlighted on the basis of the adopted statutory solutions. Finally, the responses of the Polish legislator to the described changes are discussed, followed by conclusions.

Digital Transformation in Jordan and Poland - Implications on the Legal Protection of Cultural Heritage and Sustainable Development

This paper aims to clarify the principles of Jordanian and Polish copyright laws applicable to the preservation of cultural heritage, and to recommend the adoption of certain policies to facilitate this task. It is meant to serve as a guide for stakeholders who deal with digital cultural heritage, directed particularly at museums, but also institutions such as libraries, archives, and art galleries. The research aims to discuss the role of copyright law in protecting cultural heritage in the face of the rapid development of ICT technologies. This includes identifying the risks and challenges associated with digital heritage, framing the relationship between authors of digital cultural content, rights holders, and institutions responsible for documenting and preserving it, and the need to establish a fair mechanism that guarantees their rights. The study aims to provide a presentation of the importance of compliance with copyright principles related to the digitization of cultural heritage and other relevant regulations in the Jordan region and the Polish legislation. The article was created as a result of international scientific cooperation in combination with an innovative view at the law-making and application processes in the era of dynamic development of science and technology. The analysis will include identification of legal acts, which aim to ensure the effective, future-oriented, and long-term protection of cultural heritage in Jordan and Poland.

Lack of Transparency in Algorithmic Management of Workers and Trade Unions’ Right to Information: European and Polish Perspectives

Abstract The ‘black box issue’ is one of the biggest problems with algorithmic management. The lack of transparency in the operation and decision-making of AI is of greatest concern to those whose data is being processed (including employees). Trade unions, as the organisations that most represent the interests of workers, can play a big role here; however, they need to be empowered. There is a lack of legislation at EU and Member State level to set norms for this issue; the only country that has already introduced such legislation is Spain. The draft Polish regulation refers to the Spanish solutions and seems to be very interesting. It introduces the possibility for trade unions to obtain data from an employer on the operation of AI in relation to the algorithmic management of employees. The authors present this regulation against the background of EU recommendations and previous Polish legislation on the employer’s obligation to provide information. They also identify elements that need to be refined during the parliamentary process in order to make the regulation more effective in protecting workers’ rights.

Polish regulatory system regarding ATMP hospital exemptions.

This article explains the current regulatory system in Poland regarding Advanced Therapy Medicinal Products given under Hospital Exemptions (ATMP-HE). The relevant sections of Polish legislation are translated into English and their interaction is described. We analyze the impact of these regulations from the perspective of three stakeholder groups: manufacturers, physicians, and patients. Amendments enacted between 2018 and 2023 have substantially changed Polish implementation of the ATMP-HE pathway. In Poland, most ATMP-HE treatments have been therapies employing Mesenchymal Stromal Cells (MSC). Comparison to other European countries shows that Poland is within the mainstream of EU practices regarding ATMP-HE implementation. One notable issue is that Poland has relatively low per capita spending on healthcare, and ATMP-HE in Poland must be funded from outside the government healthcare system. Conclusions. The original intention of the legislation that created ATMP-HE was to allow access to experimental therapies for patients with unmet needs. It remains to be seen if that mission can be fulfilled amidst conflicting pressures from various stakeholder groups.

Constitutional and legal mechanisms of regulation of economic social relations in the Second Polish Republic

The constitutional and legal mechanisms of regulation of economic social relations in the Polish state in the 20-30s of the twentieth century are investigated. It is determined that the fundamental constitutional and legal institutions of the economic system are property, labor, and the financial system. Constitutional regulation of the sphere of economic organization of social life of different states is not the same in form and volume. Based on the analyzed broad legislative framework, it is stated that in the first half of the 20s of the twentieth century. political, economic and legislative formation of the Polish state took place. Reforming the financial system, agriculture, trade contributed to the formation of the Polish economic system. It is noted that the intervention of state bodies in economic affairs was minimal, which contributed to the development of various industries of the country and the economy as a whole. In the period from the May 1926 coup to the beginning of the world economic crisis, Polish legislation began to change from free democratic to authoritarian. The situation was characterized by contradictory trends: on the one hand, democratic institutions and the Constitution of 1921 remained, on the other hand, the executive branch demonstrated the desire to govern the state, despite the parliament and political parties. The new legislation introduced by the Pilsudchiks in the first half of the 30s, on the one hand, was aimed at overcoming the crisis in the economy, and on the other hand, it was marked by increased interference of power in all spheres of society. It is stated that in the interwar period, the Second Polish Republic quickly created and developed its own economy. This was achieved thanks to the well- established system of economic social relations of the Polish state - the system of relations of property, production, exchange, distribution and consumption of material and spiritual goods. The leading role in this was played by the liberal, democratic constitutional and legal field, which became an effective mechanism for regulating the economic activity of the state. shows effective ways, forms and methods. It is recommended to use the experience of developing the legislation of the Polish state to improve modern Ukrainian economic law.

Wybrane aspekty indywidualnego udziału społeczeństwa w postępowaniach wymagających udziału społeczeństwa

The Polish legislator pays a lot of attention to both the legal aspects of running a business and environmental protection. Against this background, there have been numerous disputes between entrepreneurs and the community. In order to ensure the possibility of public participation in environmental protection, the legislator adopted the Act of 3 October 2008 on the provision of information about the environment and its protection, public participation in environmental protection and environmental impact assessments. It provides for two possibilities for public participation in environmental protection. A well-known form is the participation of citizens’ associations in the form of environmental organizations. From the citizen’s point of view, individual participation is more important, because everyone has the opportunity to take part in administrative proceedings or in the preparation of a document. However, not all provisions have been clearly formulated, which may cause problems in the application of the act.

“We are together, but each of us separately.” Friendship as a close legal relationship

Friendship is undoubtedly perceived by individuals as a close relationship—based on a special bond and commitment. However, it is a relationship that is very limitedly regulated by the law and is not explicitly labeled as close by legislators. In this study, three research goals were set. The first goal is to determine how friendship is characterized in legal acts, legal literature, and judicial decisions. Marriage, parenthood, or even romantic relationships are to some extent protected by the law, each to varying degrees. Friendship, on the other hand, differs as it does not appear in legal acts in the context of interpersonal relations. Nevertheless, friendship is not absent from legal discourse. This is because, at times, the object of protection in Polish law is not so much marriage, parenthood, etc., but broadly defined "closeness." For this reason, it was determined if and when friendship is considered a "close relationship" (goal 2). Third, with reference to the results obtained earlier, the costs and benefits of the residual coverage of friendship under the law were considered (goal 3). The primary context for these considerations was Polish legislation with incidental references to other legal systems.

Hybrid use of the building as a method supporting epidemic safety

The COVID-19 pandemic has resulted in changing organisational and technical requirements in the operation of treatment facilities. This paper summarises the available knowledge on the principles of hybrid design of the architecture of treatment units to ensure that different levels of sanitary and hygienic safeguards can be implemented. The basis of this narrative overview is an analysis of the existing Polish legislation on required personnel protection measures and the European Commission's recommendations for the long-term optimisation of building operating costs. In addition, due to the multifaceted and complex nature of the issue, the review was extended to include an example of practice in the technical adaptation of medical buildings for hybrid use in the event of a pandemic of an aetiological agent of risk category III, as a confirmation of the postulate regarding the need to modify the guidelines for the architectural design of the space of medical units, particularly those involved in the care of the elderly. Med Pr Work Health Saf. 2024;75(3):269-278.

DELEGATION OF A DRIVER TO THE TERRITORY OF POLAND: MAIN ASPECTS AND PROBLEMS

In this scientific article, the main aspects and problems related to the process of delegation of drivers to the territory of Poland from a third country are investigated and analyzed. The study focuses on a thorough analysis of the legal, economic and socio-cultural context that defines this process. The article examines the impact of Polish legislation on delegation mechanisms, and also highlights important aspects of the efficiency and security of this process. Additional emphasis is placed on interaction between motor carriers and delegated drivers, as well as on solving possible challenges and problems that arise before the above-mentioned subjects of this process. The article provides practical recommendations for improving the management of delegated personnel and ensuring the effective functioning of this process in the context of the Polish labor market. This study can be useful for Ukrainian trucking companies, academics and legislators interested in improving the system of delegation of workers and solving related challenges. Poland, as a member state of the European Union and a strategic hub of transport routes, plays an important role in the system of international transportation. However, despite these advantages, there are numerous problems faced by drivers and companies carrying out delegation to the territory of Poland from a third country. The article analyzes the basic aspects, challenges and socio-cultural problems that are directly related to the delegation of the driver to the above-mentioned country. On the basis of this analysis, the Ukrainian truck carrier is offered specific algorithms to solve this problem.

The Violation of the Laws of Armed Conflict in the Ukrainian and Polish Dimension: The Criminal Law Discourse

The current Criminal Code of Ukraine has shown that it can effectively respond to the challenges associated with the war unleashed by the Russian Federation against Ukraine. Chapter XX of the Special Part of the Criminal Code of Ukraine contains a number of articles that qualify the criminal acts of Russian occupiers. First of all, this is Article 438 “Violation of the laws and customs of war”. In its content, it largely reflects the compliance of Ukrainian national criminal law with the provisions of international law in the field of the regulation of responsibility for committing criminal violations of international humanitarian law (the law of armed conflicts). A comparative legal analysis of Ukrainian and Polish legislation was carried out in terms of criminal liability for the violation of the laws and customs of war. Criminal violations of international humanitarian law are punishable under Articles 122–126 of the Criminal Code of the Republic of Poland. A detailed analysis of the content of these articles of the Criminal Code of the Republic of Poland showed a significant difference between the norms of the Polish criminal law in terms of detailing the acts that the Polish legislator defined as a violation of international humanitarian law. In particular, in addition to the general concept of the civilian population, the Polish criminal law proposes as victims persons laying down their arms or having no means of protection, the surrendered, the wounded, the sick, the shipwrecked, medical personnel, the clergy, unifying the concept of all persons enjoying international protection during armed hostilities. This position of the Polish legislator is more constructive and more closely connected with the relevant international legal acts than the corresponding norm of the Criminal Code of Ukraine. In addition, § 2 of Article 123 of the Criminal Code of the Republic of Poland provides an expanded understanding of ill-treatment of victims, which is not found in Article 438 of the Criminal Code of Ukraine. Also, the Ukrainian legislator ignored those violations of international humanitarian law which are indicated in Article 124 of the Criminal Code of the Republic of Poland – which also works in favour of the Polish criminal law, as it tries to comply with the provisions of international humanitarian law to a greater extent.

New regulations on the sale of goods and provision of services and digital content in consumer trade - selected issues (II)

The article describes Directive 2019/770 of the European Parliament and of the Council (EU) of May 20, 2019 on certain aspects of contracts for the supply of digital content and services, which regulates the rights and obligations of businesses and consumers who are parties to contracts for the supply of digital content or services. The paper focuses in particular on the purpose of the European legislator in enacting the directive and how to implement the implemented provisions into Polish legislation.

Reinforcement of executive power during the COVID -19 epidemic, a salient trend or temporary phenomenon related to pandemic control

The article is devoted to presenting the results of research on Polish legislation during the COVID-19 pandemic in terms of empowerment of public authority.The impact of the adopted laws on empowerment was assessed using an innovative research method based on the assumption that the creation of universally binding laws is based on long-term trends, and the law - like any other product - is driven by the law of supply and demand. The tendency for one or another legal intervention in social or economic relations can be seen in the periodic increase or decrease of legislative initiatives.We can talk about the strengthening of power when the adopted regulations serve the interests of public power, its better organization and strengthening of its potential. Most often, this is combined with the restriction of other authorities and the expansion of the interference of state power in social relations and citizens' rights.The article presents all the laws whose declared purpose was to combat the COVID-19 epidemic and its social and economic consequences and in which, in the process of evaluation, the occurrence of regulations strengthening public power was found (positive evaluation +1 and above).The graphs show how the adoption of power-enhancing and power-limiting regulations, respectively, has evolved since 1990, what this trend looked like in 2020, and finally how strong the power enhancement was in the so-called Covidovy laws.

Economic Dependence as a Criterion for the Protection of the Self-Employed under EU Law and in Selected Member States

This paper presents the cornerstones of the conceptual distinctions necessary to map out a separate category of workers, namely “economically dependent self-employed workers” (who fall between dependent subordinated employees and independent self-employed entrepreneurs) from the perspective of the EU law and the laws of selected Member States. The author considers how the economic dependency of self-employed workers should be defined, which method(s) of protection should be applied to these workers, and what scope of protection they should enjoy. The observations in this paper serve as a basis for de lege ferenda recommendations for the Polish legislator. At present, there is no separate category of “economically dependent self-employed workers” in Polish law.

Ochrona dobra dziecka w postępowaniu cywilnym - uprawnienia i obowiązki procesowe dotyczące małoletniego w postępowaniu nieprocesowym

The subject of the privileges and obligations of a minor in non-trial proceedings is still not sufficiently studied in the Polish procedural law doctrine. The protection of the welfare of the child, which should be embodied in the laws and the practice of justice, still requires numerous changes and refinements. The planned amendment to the Family and Guardianship Code and some other laws emphasizes the need for reforms in Polish legislation, proposing amendments to several legal acts in order to raise the standards of minors' participation in court procedures, strengthen their protection, including systemic protection from harm. The purpose of this paper is to collect and describe the main duties and rights of the child in non-trial proceedings, and to show how the cited regulations implement the protection of the child's welfare. Minors are participants in proceedings with special needs, so the justice system should be ready to accommodate them, providing them with decent conditions and taking into account their individual situation. On the basis of the analysis of the literature and case law in the field of civil procedure, civil law and family and guardianship law, certain deficiencies in the existing mechanisms were shown and the inadequacy of civil procedure institutions responsible for protecting the welfare of the child was exposed. Polish legislation requires such regulations that will allow the formation of a smoothly functioning system of protection of minors.