Polish Legislation Research Articles

EMPLOYMENT STABILITY IN TIMES OF THE COVID CRISIS: A CASE OF LEGAL INSTRUMENTS INTRODUCED BY THE POLISH LEGISLATOR

Protection of jobs has become one priority aim of the legislator during the crisis caused by the SARS-CoV-2 coronavirus pandemic. In the justification of the draft Act of 2 March 2020 on special solutions relating to the prevention, neutralisation, and combating of COVID-19 and other contagious diseases and the ensuing crisis situations (COVID Act), it was emphasized that the aid mechanisms introduced in the Act were supposed to prevent mass collective redundancies. And although the legislator tried to preserve sustainable employment during the COVID crisis, only a part of the introduced legal provisions offered a guarantee of work to employees. This article aims to provide an overview and assessment of the aid mechanisms implemented by the Polish legislator to protect jobs during the COVID crisis. The anti-crisis activities of the legislator, intended to preserve sustainable employment, can be divided into indirect and direct measures. An analysis was carried out taking into account the above division. Based on the analysis, reflections are formulated on the effectiveness of the implemented aid mechanisms. Finally, conclusions for the future are offered.

Pomoc adwokatów Ukraińcom przybywającym do Polski

The author aims to present the possibilities of helping Ukrainian citizens from the practical side, as based on author’s own professional experience. To that effect, the paper considers various legal issues faced daily by Ukrainians who came to Poland after the outbreak of the war in Ukraine. The purpose of the article is also to study the changes in Polish legislation that were introduced to simplify the possibility of regulating the legal situation of Ukrainian citizens residing in Poland. The work touches upon the issue of legalizing the stay of Ukrainians on the territory of the Republic of Poland, the care and guardianship of minor children coming from Ukraine, the transfer of economic activity from Ukraine to Poland, as well as the issue of marriage conclusion by Ukrainians in Poland.

Control of Public Finances in French Law: Selected Institutional Aspects

Abstract This publication is a part of a study of the French Code des juridictions financières in the field of the institutional aspects of the control of public finances. The main purpose is not only to describe the specificity of the French legal system in this field but also to focus on the solutions and type of support institutions that were developed by the French legislator. The general control exercised by the Court of Auditors (Cour des comptes) and regional and territorial audit chambers (Chambres régionales et territoriales des comptes) can be more effective thanks to the so-called supporting institutions, such as the Court for Budgetary and Financial Discipline (Cour de discipline budgétaire et financière), the Supreme Council of Public Finance (Haut Conseil des finances publiques), or the Tribunal for Compulsory Contributions (Conseil des prélèvements obligatoires). This study and analysis of the provisions of the Code des juridictions financières related to the three above-mentioned supporting institutions may also be considered as the first step towards further in-depth analysis and research, and thus the possible application of structures and solutions that are present in French tax law by the Polish legislator or that of any other European country.

Polish family foundation—a grand finale of a long saga

Abstract In January 2023, the Polish parliament passed the Act on the Family Foundation. After years of using private foundations in other European countries, Polish entrepreneurs finally have a domestic tool created for family succession. The purpose of the article is to assess, with a comparative approach, how the Polish legislator managed to regulate this institution against well-established solutions from other European countries. This article describes how the foundation operates and focuses on tax and international aspects of the new foundation law.

Factors affecting the psychomotor ability of drivers and road safety with respect to legal regulations and NGO Guidelines

The data from the Central Register of Vehicles and Drivers (CEPiK) shows that currently 22,071,753 citizens have driving licenses in Poland. In 2021, nearly 23 thousand road accidents, occurring on public roads, in residential areas or in traffic zones, have been reported to the police. As a result, 2,245 people have been killed and 26,415 were injured, 8,276 of which heavily. At the Toxicological Analysis Section of the Institute of Forensic Research (PAT IES), for over a decade more than half of the cases are related to drivers. In 2021, the percentage was 53.3%, while earlier, before the COVID-19 pandemy, nearly 2/3 of all cases sent to the PAT IES concerned drivers (for example, in 2016 it was 65.8%). Taking into account only the drivers who were involved in a road accident, the number of cases has fluctuated around 40% over the last decade. Traffic safety depends on many factors including: drugs, alcohol consumption, some diseases that the person operating the vehicle may suffer from, medicines and even the age and sex of the driver, which have been the subject of research in Europe, including Poland over the years. It resulted in many guidelines of non-governmental institutions and reports from research projects like eg. IMMORTAL, ICADTS, DRUID, EMCDDA which are than reflected in European and Polish legislation. The reports of the aforementioned institutions and research projects show that the perpetrators of road accidents are more often young men (up to 24 years of age) than women of the same age. For drivers aged ≥25 years, women are more likely to cause accidents, especially those over the age of 75. Among the diseases that affect safety in land traffic there are, among others vision impairment, hearing impairment, mental illness and diabetes. The annually declining number of road accidents in Poland is somehow reflected in the PAT IES statistics. Despite this favourable trend, the factors influencing the risk of an accident remain unchanged. The occurrence of a real danger on the road is still mainly influenced by the so-called ‘human factor’, and in particular the broadly understood ‘state’ of the driver. However, other factors should also be taken into account, such as the technical condition of the vehicle which may also directly contribute to the occurrence of such an event. The guidelines and legal restrictions on road safety that have changed in recent years seem to have brought the desired effects, however, the subject still requires further research and implementation of new solutions, suitable for the dynamically changing situation.

Consequences the Coronavirus pandemic on amendments to Polish Penal Code in the area of harassment offences

RESEARCH OBJECTIVE: The aim of this research was to summarize that impact has exerted on legal regulations aimed at eradicating stalking and cyberstalking crimes in the Polish criminal law during the COVID-19 pandemic. The paper explores also some operation methods employed by perpetrators, in particular those involving violent acts with the use of digital tools.
 THE RESEARCH PROBLEM AND METHOD: The text is based on the analytical method aiming to measure the factual, not the declarative ratio legis. The problem was studied based on the interpretation of the applicable law, as well as a survey of the legal doctrine views and judicial decisions. To some extent, the historical method was employed in order to demonstrate how former stalking regulations in Poland had been evolving.
 THE PROCESS OF ARGUMENTATION: This paper discusses the analysis the issue of the methods employed by perpetrators, legal nature of stalking as a criminal offence, focused particularly on the characteristics of causal acts stipulated in Art. 190 a of the Polish Criminal Code.
 RESEARCH RESULTS: The Polish legislator was correct, that was necessary amending the former criminal law regulations on the criminal offence of stalking, due to an observable surge in cyberbullying during the pandemic. It was also resonable tightening the penal liability for committing qualified stalking and extending descriptions of prohibited acts by adding new crime qualities should be also viewed as justified and beneficial. However, increasing penal measures for criminal offences stipulated in Art. 190.a.1 and 2 of the Criminal Code should not be approved of.
 CONCLUSIONS, INNOVATIONS, AND RECOMMENDATIONS: Despite of the changes introduced in the Polish criminal law cannot be fully justified as properly addressing international appeals for tackling gender-based cyberbullying, all in all, they should be seen as a step in the right direction.

Instrumenty prawne regulacji cen energii elektrycznej

The article sets the objectives of describing and systematising measures to influence the price of electricity in Poland after 2018. The article's first part presents the reasons for the enactment of the law freezing electricity prices for 2019 which is followed by the discussion of its content, shortcomings and case law arising from the law's execution. What is later presented focuses around the European response to the global energy crisis (2021-2023) as well as the Polish legislation mitigating the electricity prices. The last section outlines a typology of instruments mitigating the price of electricity from the most market-interfering to the most benign.

CZY ZAKRES PODMIOTOWY PRAWA POLSKIEGO JEST ZGODNY Z DECYZJĄ WYKONAWCZĄ RADY (UE) 2022/382 W SPRAWIE MASOWEGO NAPŁYWU WYSIEDLEŃCÓW Z UKRAINY?

This paper discusses a problem whether the war in Ukraine is so specific that it was necessary to adopt the Act of 12 March 2022 on assistance to Ukrainian citizens in connection with the armed conflict in the territory of that country, instead of providing assistance under the Act on granting protection to foreigners of 13 June 2003. Based on a preliminary examination of Polish law, the Geneva Convention Relating to the Status of Refugees of 1951, Directive 2001/55/EC on minimum standards for giving temporary protection in the event of a mass influx of displaced persons, the Council Implementing Decision (EU) 2022/382 establishing the existence of a mass influx of displaced persons from Ukraine, and scholars’ opinions, the author has established that the Polish legislator rightly extended the subjective scope of the law applicable to persons granted temporary protection, and the respective Polish regulations are consistent with the letter and the spirit of international law. De lege ferenda conclusions are also propounded.

PUBLICZNOPRAWNE ASPEKTY PRZECIWDZIAŁANIA ZANIECZYSZCZENIU SZTUCZNYM ŚWIATŁEM – PODSTAWOWE POSTULATY DE LEGE FERENDA

The paper presents a normative analysis of Polish legislation, along with recommendations for necessary changes that would provide legal instruments to counteract artificial light pollution. The aim is to indicate the regulations essential for limiting the harmful emission of artificial light in key aspects that result from the environmental protection law in connection with provisions on technical standards and requirements. Counteracting light pollution requires not only defining emission standards, but also rational planning that takes into account land use or the function a given area serves. In addition, it is essential that appropriate technical standards be established for the design and installation of outdoor lighting.

Evolution of second-generation electromobility in public transport in Polish cities

Transport activities are a significant factor in environmental pollution, especially in cities. Therefore, measures aimed at electrification of public transport are particularly important. The aim of the paper is to present the origins, status and development dynamics of electromobility in Polish cities, especially the second generation of electromobility, i.e. vehicles that do not require continuous connection to the energy source. In practice the second-generation electric vehicles can be identified with battery-powered vehicles, hydrogen and hybrid vehicles. The study was prepared on the basis of an analysis of literature, industry documents or development strategies. In addition, a database of information on zero- and low-emission vehicles in public transport (i.e. electric and hybrid buses) was compiled to analyse the phenomenon. The study shows that the implementation of electromobility in Poland has already emerged from the initial phase. The possibilities for developing battery technology vary in cities of different sizes. In 2021 in Poland, the share of low-emission buses in the public transport fleet was several times higher than that of electric vehicles among passenger vehicles. It is most likely that the Polish road to electromobility leads primarily through public transport. The following factors influencing the development of electromobility were identified: these were primarily EU and Polish legislation and regulations, the presence of manufacturers of rolling stock and electrotechnical equipment, and – at the local scale – organisational, economic and social issues.

The importance of public procurement for the strategic objectives of national socio-economic development

The involvement of the public authorities in socio-economic processes serves to achieve the objectives of the adopted policy of the State (or, respectively, the European Union). The state’s policy devised to foster socio-economic development is an instance of active state interventionism. In Polish legislation, this policy has been defined by the legislator as development policy. The aim of this paper is to demonstrate that public procurement is an instrument for achieving the strategic objectives of the development policy, thus drawing on the concept of ‘strategic use of public procurement’: a particular notion of the role of public procurement in the context of the strategic approach to development. One of the premises here is that a specific public goal – whose achievement is desirable from the standpoint of public procurement law – should serve to achieve the strategic objectives of development policy law. The article underscores the instrumental (albeit crucial) nature of public procurement with respect to state policy. For the purposes of the study, it was assumed that failure to appreciate the essence of using public procurement in the pursuit of strategic development objectives will adversely affect the consistency of public objectives and, consequently, result in incoherent actions. In this context, the author assesses the provisions of the Public Procurement Law, which provides the grounds for the adoption of the national purchasing policy that emphasizes the relevance of linking public procurement with the achievement of state objectives. The article shows that the introduction of the obligation to prepare a state purchasing policy and linking this document with the system of strategic development planning confirms the strategic use of procurement, which should serve the implementation of important public interests.

Stosowanie tymczasowego aresztowania wobec oskarżonych odbywających karę pozbawienia wolności w innej sprawie / Applying pre-trial detention to convicted to imprisonment in another case.

The polish legislator made the correct application of all preventive measures conditional on the requirement to achieve the purposes from article 249 of the Criminal Procedure Code. Therefore, it is unacceptable in the current legal situation to use these measures without achieving the indicated goals. At the same time, it is normatively permissible to apply preventive measures, including pre-trial detention, to convicted who are already serving a sentence of imprisonment in another case. However, the current model of regulating this structure should lead to the formulation of a few reservations. This study expresses the author’s doubts as it is possible to apply pre-trial detention to convicts already serving a sentence of imprisonment in a case other than the ongoing preparatory proceedings. A side analysis was also carried out on the possibility of using other, except pre-trial detention, preventive measures against the convicted, as well as the possibility of using other criminal law instruments to secure the proper course of the preparatory proceedings and to prevent the convicted from committing a new, serious crime. Key words: preventive measures, pre-trial detention, convicted, purpose of applying pre-trial detention

Zur Syntax der polnischen Leichten Sprache

Summary Easy Language as a means for communicative accessibility is designed for use by people with communication impairments and low literacy skills in general, e. g. persons with intellectual disability, functional illiterates or individuals with dementia. Compared to standard written Polish, the complexity of this variety is reduced on all linguistic levels. The present article deals with the level of syntax and follows on from a previous study concerning the syntax of Easy-to-read Russian. It aims to contribute to the linguistically substantiated elaboration of Easy-to-read Polish by submitting suggestions for avoiding complex syntactic structures. Various subgroups of clause constructions and complex sentences are included. It turns out that the endeavour to make sentences as short, simple and comprehensible as possible is quite complex and certainly not easy. The presented suggestions await further discussion among linguists as well as systematic testing with target groups of Easy-to-read Polish. Since Easy Language has been implemented in Polish legislation, it is to be expected that this fact will result in an amplification of Easy-to-read text offers in the future. Therefore, there is a need for more intensive research in the field of Easy Language that can be seen as crucial in enabling people with disabilities and other persons with reading difficulties to fully enjoy the fundamental right to information and participation in social life.

Foreign experience of legal regulation of the conclusion of contracts between mother, father and children

In the scientific article, the author conducted a scientific study of the foreign experience of legal regulation of contractual relations between mother, father, and child, including under the legislation of the European Union states. Based on the conducted research, the author concluded that the legal regulation of the conclusion of contracts between the mother, father, and child under the legislation of the European Union states is mainly carried out through the determination of the possibility of concluding contracts, without clarifying the provisions on their form and essential conditions. In particular, the possibility of concluding a "statement on the exercise of parental rights" ("agreement of parents on establishing the procedure for the exercise of parental rights and determining contributions for the maintenance and upbringing of a child") under French civil law is defined in this way; "agreements on the method of providing maintenance" and "applications for acceptance of parental care" under German civil law; relevant agreements under the legislation of Latvia (agreement of parents: on determining the child's surname, cancellation of adoption, on establishing joint or separate parental care of the child, on establishing the terms of communication with the child of the parent who lives separately), Estonia (agreement on the fulfillment of the obligation parents regarding child maintenance), Czech Republic (agreements: on establishing paternity, on exercising mutual parental rights and responsibilities, on establishing the terms of communication with the child of the parent who lives separately from the child, on managing the child's property, on exercising parental rights and responsibilities after divorce, about the payment of alimony), Poland ("declaration of the spouses about the child's surname", "agreement on how to exercise parental responsibility and maintain contact with the child, in accordance with the best interests of the child"), "agreement on the rules for determining contact between parents and children"), Bulgaria (agreement on the place of residence of children, parentage, personal relationships, etc child support). The legislation of these countries (except Bulgaria) limits the possibility of regulating relations between parents and children by a marriage contract; Czech and Polish legislation also allows the conclusion of alimony contracts regarding the maintenance of children of their incapacitated parents. Hungarian civil and Moldovan family legislation more broadly define the essential conditions and form of contracts between parents and children, primarily regarding the contract on providing maintenance to a participant in family relations and the contract on communication with the child. In the author's opinion, the experience of these states should be borrowed, and the same detailed regulation provided for in the Family Code of Ukraine.

Securing conferences, events, ceremonies and other events, including in the context of terrorist threats. A statutory perspective

In the current legal status, during the organisation in Poland of conferences, events, ceremonies or other events, significant due to their scale or rank, especially those of international character, security activities are carried out on the basis of general provisions - primarily pragmatic acts of services and other institutions carrying out these activities or episodic acts. Polish legislation, however, has not introduced regulations permanently defining detailed principles of conduct and the subject and object scope of responsibility for the preparation and security of such events, unless they are qualified as mass events. This article is an attempt to provide a comprehensive overview of the specific legal instruments used in the case of securing this type of events. Based on the analysis carried out, de lege ferenda conclusions have been formulated, including the introduction of a new legal institution permanently into the Polish legal order, referred to for the purposes of this article as a ‘special event’. As a result of granting a given event or celebration the status of a special event, it would be possible to apply legal instruments hitherto found only in episodic acts, but which are of significant importance from the perspective of ensuring a security standard adequate to the threat.

Legal characteristics of offences against military discipline

Military discipline is one of the indispensable institutions belonging to the military sphere. It manifests itself first in the existence of a hierarchical relationship of subordination between soldiers of lower rank and their superiors. The notion of military discipline includes the acceptance of a certain system of values and the observance of the rules of military institutions. The necessity of ensuring an acceptable level of military discipline is inseparably connected with the system of institutional criminal-military responsibility. This paper indicates and describes acts recognised by the Polish legislator as crimes against the principles of military discipline and presents evaluation of the adopted regulations both for the time of peace and a hypothetical armed conflict.

Influence of Catalytic Additive Application on the Wood-Based Waste Combustion Process

The furniture industry is one of the most dynamically developing sectors of the Polish economy. Unfortunately, due to national law, it involves producing a significant amount of wood-based waste, which can only be incinerated in installations that meet the requirements for waste incineration or co-incineration plants. This is due to the presence of various types of chemical additives in post-production residues, which increases the emission of hazardous compounds into the atmosphere during combustion. This article presents an analysis of the impact of the use of catalytic additives on the amount of emissions produced from the combustion of wood-based waste. For this purpose, the analyzed material was pelletized by mixing it with the DESONOX catalyst or by spraying the fuel with the DESONOX + H2O solution in a 1:1 ratio. Catalytic substances were introduced into the fuel until a concentration of 0.1% of its mass was obtained. The use of catalysts has significantly reduced CO and NOX emissions into the atmosphere. In the case of carbon monoxide, the most effective was Ad2 (reduction by 44%), and in the case of nitrogen oxides, Ad1 (reduction by 31%) achieved the best outcome. The results from this analysis may be an indication for Polish legislation encouraging furniture plants to burn this waste in their own units using catalytic substances.

GRANICE KRYMINALIZACJI POMOCY DO SAMOBÓJSTWA – UWAGI NA TLE ORZECZENIA AUSTRIACKIEGO TRYBUNAŁU KONSTYTUCYJNEGO Z 11 GRUDNIA 2020 R. (SYGN. G 139/2019-71)

The article deals with the issue of limits of the criminalisation of assisted suicide. The reason for addressing this issue is the finding of the Austrian Constitutional Court on 11 December 2020 (ref. G 139/2019-71), in which the Austrian criminal provision penalising assisting another person to commit suicide (Section 78 of the Austrian Criminal Code) was unexpectedly declared unconstitutional. The Court not only confirmed that everyone’s right to autonomous and independent decision-making in matters of personal life includes the decision as to the time and manner of a dignified death, but also decided whether an individual’s right to selfdetermination includes obtaining the assistance of another person to undertake a suicidal act. The resolution of this issue is of universal significance – including for the Polish legal order, in which assisted suicide is currently penalised without exception. The aim of the paper is not only to provide an overview of the grounds for the finding and explain the limits of criminal liability under the revised Section 78 of the Austrian Criminal Code, but in particular to resolve the question of the admissibility and legitimacy of decriminalising assistance to suicide to the extent adopted in Austrian law, which may also provide some inspiration for the Polish legislator. The study uses a formal-dogmatic method of research, which is determined by its subject. In the final conclusions it was indicated that the Austrian legislator cautiously liberalized the prohibition of assisted suicide, which, however, is not without some controversy.

O PRAWNYCH I POZAPRAWNYCH POWODACH ODSTĄPIENIA OD PUBLICZNOPRAWNEGO MODELU SŁUŻBY CYWILNEJ

The article explores reasons of the abandonment by the Polish legislator of the public law model of the civil service. The discussed reasons were classified into two categories: normative and non-normative premises. The first group discusses the impact of international law on the activities of the Polish legislator and the disproportionately large number of publications on the doctrine of labor law as compared to the administrative law. In the second category, three groups of impact on the legislator’s activities are discussed, i.e. the political perspective (here: systemic, point-based, and episodic impact), clerical, and social perspectives. In conclusion, a return to public-law solutions is proposed.

Families of choice with no choice: remarks concerning the situation of families of choice in Polish law

Abstract This article focuses on the situation of families of choice in Polish law. The first research objective was to determine whether and how parenting in families of choice is regulated by law. To achieve this goal, the author analysed appropriate statute and case law, taking into account the sociological and psychological background of family relationships. The second objective was to find legal and non-legal factors affecting the current situation of families of choice in Polish law. Then it was assessed whether it is possible to provide court protection to the families of choice in the process of applying current regulations. This article shows that although the Polish legislator considers family life an important value, it is restricted to a specific understanding of family. Neither the Polish legislator nor the legal discourse recognize the needs of the families of choice, and the chances of changing the current situation are small.