Studia Iuridica Lublinensia
type: channel
description: Studia Iuridica Lublinensia is a scientific journal founded in 2003 at the Faculty of Law and Administration of the Maria Curie-Skłodowska University, Poland. The journal publishes scientific articles, commentaries on judicial decisions, reviews and scientific conference reports, especially in the area of legal sciences (law). Studia Iuridica Lublinensia is issued four times a year. The editorial board may decide to release a special issue published as part of the regular publishing schedule or as an additional issue. Special issues are released to present specific research problems that are novel, particularly topical and contribute to filling a cognitive gap in the area of legal sciences. Since 2018, all scientific articles have been published in Studia Iuridica Lublinensia in English. The Polish-language version of an article may be published on the journal's website as an illustrative version if this is justified by the specificity of the Polish legal language and the possibility of using the research results in the practice of law-applying bodies. The editorial board may decide, on an exception basis, to publish a scientific article in French or German if this is justified by the research subject matter of the paper. Commentaries on judicial decisions are published in both English and Polish, due to the practical nature of this form of publication and the specific characteristics of the Polish legal language, and thus the possibility to pursue a regular dialogue between the courts and legal scholars. From 2021 the journal is published in an electronic version on the basis of open access. Studia Iuridica Lublinensia is on the list of scored scientific journals kept by the Minister of Education and Science and is indexed in Polish and international databases. Indexing: SCOPUS; BazHum; BazEkon; Biblioteka Nauki (Library of Science); Directory of Open Access Journals (DOAJ); EBSCO; Index Copernicus International (ICI Journals Master List); Google Scholar; POL-index…
publisher: Wydawnictwo Uniwersytetu Marii Curie-Skłodowskiej
language: en-US
publication name: Studia Iuridica Lublinensia
issn: 1731-6375
copyright: Full copyright statement can be read here
items: Title-Page and Table of Contents
items: https://journals.umcs.pl/sil/article/view/17723
items: Reform of German Economic Self-Government: Transformation of the Association of German Chambers of Industry and Commerce into a Public Law Corporation
items: New Definition of a Building in Property Tax and the Requirement of Specificity of the Object of Taxation
items: The Conscience Clause in the Healthcare System
items: The Place and Role of the Municipality in Shaping the Local Housing Policy, with Particular Emphasis on Elderly People
items: Effective Communication and Public Relations in State Institutions in Albania
items: The Child in Constitutional Rights and Freedoms of the Individual
items: Qualification of Cryptocurrencies in Private Law on the Example of China, Germany and the United Kingdom
items: International Financial Reporting Standards as a Source of Balance Sheet Law
items: The Disposal of Items or Rights Covered by a Dispute (Article 192 (3) of the Civil Procedure Code) from the Perspective of the Availability and Effectiveness of Polish Civil Proceedings
items: The Recording of a Suspect’s Interrogation Using Audio or Video Devices: Postulates De Lege Ferenda and De Lege Lata
items: The Use of Proven Technologies in Nuclear Facilities: An Analysis of Article 36b of the Atomic Law
items: The Problem of Justifying Student Absences and the Validation of Absence Excuse Letters under Polish Law
items: Polish Nationalism and Acts Criminalised under Article 256 §§ 1 and 1a of the Criminal Code
items: Dissolution of the Municipal Council and the Person Designated to Perform the Functions of the Municipal Council: Remarks De Lege Lata and De Lege Ferenda
items: Barriers for the Strategy of Public Domain Works Protection Based on Trade Mark Registration in the Light of EU Case Law
items: Dismissal of a Judge from Delegation in Light of the Provisions of the Constitution of the Republic of Poland
items: Algorithm in the Structure of Administrative Decision-Making: A Model of Explainability and Burden of Proof for an Effective Legal Remedy within Discretionary Power in Public Administration
items: The Admissible Use of Self-Control by the Local Government Body in Relation to Resolutions Appealed against to the Administrative Court ‒ Theoretical and Empirical Analysis of Selected Issues
items: Transfer of Rights and Obligations Arising from a Contract without Consumer’s Consent as a Prohibited Contractual Clause
items: Practical Aspects of Performing Duties of the Guardian of a Person Whose Whereabouts Are Unknown by Attorneys-at-Law Designated for This Function in Civil Proceedings
items: https://journals.umcs.pl/sil/article/view/20382
items: A New Expert Opinion as Grounds for the Reopening of Judicial Proceedings Propter Nova: Commentary on the Judgment of the Supreme Court of 16 May 2018 (V KO 26/18, LEX no. 2515771)
items: Multiplicity of Factual Grounds of an Action and Accumulation of Procedural Claims: Commentary on the Judgment of the Supreme Court of 28 August 2019 (IV CSK 255/18, LEX no. 2729030)
items: Limitation of the Freedom of Contract and the Autonomy of the Will of a Party to a Framework Agreement and of a (Commodity) Exchange Transaction in the Energy and Fuel Gas Markets

Title-Page and Table of Contents
type: item
creator: Anna Adamczyk
rights: Copyright (c) 2026 Anna Adamczyk http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2026-01-07
publication date: 2026-01-07
volume: 34
number: 5
starting page: 1
ending page: 8
doi: 10.17951/sil.2025.34.5.1-8

https://journals.umcs.pl/sil/article/view/17723
type: item
title: Some Comments on the Employer’s Complaint against the Decision to Grant Security in the Form of the Obligation to Continue Employing a Particularly Protected Employee (Article 755(5) of the Civil Procedure Code)
description: The subject of the article is an analysis of Article 7555 of the Civil Procedure Code, introduced under the Bridging Pensions Act of 2023, which provides for the provision of security in the form of an employer’s obligation to continue employing the employee. In view of the fact that the legislator considered the introduction of this type of security as a guarantee for the fulfillment of the postulate of the permanence of the employment relationship, it is necessary to verify whether Article 7555 of the Civil Procedure Code actually constitutes a “weapon” of employees in the course of ongoing proceedings brought against the employer. For it turns out that the provision in question – introducing, as it were, the granting of such security “automatically” – limits the discretionary power of the judge in this regard and leaves him no choice in the matter. Moreover, the employer’s right as to the possibility of challenging such a provision is also limited, since he can, in principle, only formulate objections to the failure of the court of first instance to declare the employee’s claim as manifestly unfounded. The comments presented in the article lead to the conclusion that the current wording of Article 7555 of the Civil Procedure Code – intended to be a viable instrument for protecting the rights of employees – is an institution that, in extreme cases, can be disadvantageous even to them. “Correction” of the regulation in question, on the other hand, can currently take place only through the application of Article 8 of the Labour Code by the courts, which will by no means ensure the stability and certainty of the application of the security of the claim by ordering the continuation of employment.
creator: Karolina Badurowicz
rights: Copyright (c) 2026 Karolina Badurowicz http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2026-01-07
publication date: 2026-01-07
volume: 34
number: 5
starting page: 11
ending page: 25
doi: 10.17951/sil.2025.34.5.11-25

Reform of German Economic Self-Government: Transformation of the Association of German Chambers of Industry and Commerce into a Public Law Corporation
type: item
description: This article is of a scientific and legal-research nature and addresses the reform of the German system of economic self-government as a subject of constitutional and administrative significance. The focus is on the transformation of the Association of German Chambers of Industry and Commerce (DIHK e.V.) into a public-law corporation – the German Chamber of Industry and Commerce (DIHK), implemented through the 2021 amendment of the Act on Chambers of Industry and Commerce (IHKG). Triggered by the Federal Administrative Court’s case law and a growing number of legal disputes undermining the legitimacy of DIHK e.V., the reform sought to establish a legally robust and comprehensive framework for representing economic interests at the federal level. The article’s central thesis is that the establishment of DIHK as a public-law entity enabled the creation of a transparent, constitutionally sound institutional structure for the economic self-government, preserving both its autonomy and legitimacy, while strengthening legal safeguards for its members. The aim of the study is to provide an in-depth legal and constitutional analysis of the solutions introduced, particularly in light of the principles of subsidiarity, self-governance, and proportionality. The originality of this article lies in its comprehensive approach to the legal and institutional consequences of the DIHK reform, along with the identification of new supervisory and participatory mechanisms that may serve as a model for other forms of functional self-government. The scope of the research is national (Germany), with references to EU standards on the representation of economic interests and principles of good governance. The findings offer significant theoretical value for the study of public law and constitutional systems, as well as practical relevance for policymakers and public administration bodies involved in the design and reform of legal frameworks for corporatist institutions. The article also contr…
creator: Kamila M. Bezubik
creator: Mateusz Chrzanowski
rights: Copyright (c) 2026 Kamila M. Bezubik, Mateusz Chrzanowski http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2026-01-07
publication date: 2026-01-07
volume: 34
number: 5
starting page: 27
ending page: 39
doi: 10.17951/sil.2025.34.5.27-39

New Definition of a Building in Property Tax and the Requirement of Specificity of the Object of Taxation
type: item
description: The article analyses a new legislative solution introduced by the legislator as part of the real estate tax, which concerns the legal definition of a building. This definition specifies the object of taxation in real estate tax. As such, it is necessary to analyse it from the point of view of meeting the statutory requirement of specificity of the object of taxation, which is the purpose of this article. Achieving this goal requires, first and foremost, demonstrating a certain degree of autonomy on the part of the tax legislator within the new framework of this definition. Next, it was necessary to analyse the elements of the definition of a building from the point of view of fulfilling the statutory requirement of specificity of the object of taxation. The analysis confirms that, in the new definition of a building, the legislator has largely fulfilled the requirement to define the object of taxation in statutory terms. This is confirmed not only by the legislative technique used in the form of a legal definition, but above all by its normative form. In the new definition, the legislator refers to the Construction Law to a much lesser extent and, in addition, indicates two scopes of this definition, which significantly clarifies the object of taxation.
creator: Paweł Borszowski
rights: Copyright (c) 2026 Paweł Borszowski http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2026-01-07
publication date: 2026-01-07
volume: 34
number: 5
starting page: 41
ending page: 51
doi: 10.17951/sil.2025.34.5.41-51

The Conscience Clause in the Healthcare System
type: item
description: Usually, studies of the conscience clause address only its selected aspects, drawing on multiple disciplines and often addressing the same research subject within an interdisciplinary approach. Consequently, a synthetic approach is needed, especially one that takes into account the healthcare system. From this perspective, the conscience clause is fundamentally about conscientious objection. Its clearest structural identification recognised and sanctioned by law can be found in the general reference clause. The conscience clause, understood in this way, is intended primarily for doctors, nurses, and midwives, although it indirectly concerns patients as well. Since the conscience clause is both a legal and a moral norm, it always legally enforces respect for natural values stemming from specific worldviews or religious beliefs.
creator: Marzena Furtak-Niczyporuk
rights: Copyright (c) 2026 Marzena Furtak-Niczyporuk http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2026-01-07
publication date: 2026-01-07
volume: 34
number: 5
starting page: 53
ending page: 65
doi: 10.17951/sil.2025.34.5.53-65

The Place and Role of the Municipality in Shaping the Local Housing Policy, with Particular Emphasis on Elderly People
type: item
description: Housing policy is one of the most significant challenges for local government in Poland. According to the Act of 21 June 2001 on the protection of tenants’ rights, municipal housing stock and on the amendment of the Civil Code, one of the tasks of the municipality (Pol. gmina) is to establish conditions for satisfying the housing needs of the local community. The implementation of the housing support instruments that take into account the specific needs of elderly people should be the primary objective of housing policy in the local government in Poland. The main objective of this study is a legal analysis of the applicable normative regulations on the conduct by public authorities of policies aimed at meeting the housing needs of citizens, with particular emphasis on the needs of elderly people. The subject of the analysis is also to examine the proposed legislative solutions in Poland, aiming to support, using municipal housing stock, elderly people with the ownership right to a dwelling and living in a building not equipped with a lift on the fourth above-ground level or higher.
creator: Marcin Gołębiowski
rights: Copyright (c) 2026 Marcin Gołębiowski http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2026-01-07
publication date: 2026-01-07
volume: 34
number: 5
starting page: 67
ending page: 80
doi: 10.17951/sil.2025.34.5.67-80

Effective Communication and Public Relations in State Institutions in Albania
type: item
description: Today, due to the dynamics of development, state institutions need to interact both vertically and horizontally to efficiently manage the challenges of the present times. In addition to the internal and external communication of an institution, its relationship with the public is also very important. In countries with weak institutions, as is the case of Albania, where the tradition of relations with the public started very late, specifically after the 1990s, an effort to give the proper weight to this process is noticed. Reports of many international institutions indicate that Albania has had many difficulties for internal coordination between institutions and for proper interaction with the public. The fact that relations with the public entered very late in the communication strategies of the Albanian state institutions has made the necessary changes for the correct implementation of their internal and external communication to be made with difficulty. Precisely this aspect is addressed in this study, focusing on the Prime Minister’s Office of Albania and the paths it has taken to avoid the lack of communication in line with other institutions and the public. The centralization of this process necessitates that the right units be set up in the organization chart of state institutions and the right people be placed, trained with the latest communication methodologies through digitalization. The case study presented in this article concerns the Prime Minister’s Office of Albania and the ways it has followed to avoid the lack of communication in line with other institutions and the public.
creator: Holta Heba
creator: Nevila Xhindi
rights: Copyright (c) 2026 Holta Heba, Nevila Xhindi http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2026-01-07
publication date: 2026-01-07
volume: 34
number: 5
starting page: 81
ending page: 92
doi: 10.17951/sil.2025.34.5.81-92

The Child in Constitutional Rights and Freedoms of the Individual
type: item
description: This study seeks to demonstrate how rights and freedoms of the child have been regulated in the area of Polish constitutional law. The author notices the legal subjectivity of the child and the fact of attaching the axiological priority to the value of dignity. Based on these observations, she finds that the child as a human being should enjoy the same scope of rights stemming from the very human essence and innate dignity of the child like an adult. The author also points out that the currently applicable Constitution of the Republic of Poland of 2 April 1997 does not define the concepts of “the child”, “rights of the child”, or “best interests of the child”. The lack of an unambiguous definition of the concept of “the child” in the Polish Constitution has been critically assessed, as prompting a potential danger in this aspect, related to a redefinition of this concept.
creator: Klaudia Jastrzębska-Wójcicka
rights: Copyright (c) 2026 Klaudia Jastrzębska-Wójcicka http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2026-01-07
publication date: 2026-01-07
volume: 34
number: 5
starting page: 93
ending page: 102
doi: 10.17951/sil.2025.34.5.93-102

Qualification of Cryptocurrencies in Private Law on the Example of China, Germany and the United Kingdom
type: item
description: In Polish private law, there are different positions regarding the legal qualification of cryptocurrency units. The issue is of both theoretical and practical importance, as it affects the regulations that may be applied to them. And the views range from assumption that cryptocurrencies are a part of property of a person entitled only as a claim, through the position that their holders have absolute property rights to such goods derived from the analogous application of the provisions on things, to i.a. position that cryptocurrency is not a component of property, but having a specific public address and a private key that allows the use of cryptocurrency constitutes a favorable factual situation with a measurable property value and may be recognized as a component of property. However, the comments made so far are usually devoid of a comparative legal perspective. This article aims to partially fill this gap by looking at the solutions proposed or adopted in different legal orders: Chinese, German, and British (English, Welsh, and Scottish). The result of the conducted considerations is the conclusion that the problem with the qualification of cryptocurrencies occurs not only in Polish law, and its resolution in favor of the assumption that their holders may have absolute property rights to them, which seems to be generally the right direction, and at the same time the one gaining ground in various countries, requires the intervention of the legislator.
creator: Przemysław Katner
rights: Copyright (c) 2026 Przemysław Katner http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2026-01-07
publication date: 2026-01-07
volume: 34
number: 5
starting page: 103
ending page: 117
doi: 10.17951/sil.2025.34.5.103-117

International Financial Reporting Standards as a Source of Balance Sheet Law
type: item
description: This article examines the admissibility of the adoption by EU authorities of Regulation No. 1606/2002 on the application of international financial reporting standards (IFRS) in the Member States. The paper also defines the relationship between the provisions of the EU Regulation and the Polish Accounting Act. The legal dogmatic analysis carried out leads to the conclusion that the EU authorities, in issuing the Regulation on the application of IFRS, acted within the limits of the competence entrusted by the Member States. The issuance of the regulation is lawful and proportionate to achieve the goal of unifying accounting rules. In the current state of the law, there is also no conflict between the provisions of the EU Regulation and the Polish Accounting Act.
creator: Agata Kowalska
rights: Copyright (c) 2026 Agata Kowalska http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2026-01-07
publication date: 2026-01-07
volume: 34
number: 5
starting page: 119
ending page: 130
doi: 10.17951/sil.2025.34.5.119-130

The Disposal of Items or Rights Covered by a Dispute (Article 192 (3) of the Civil Procedure Code) from the Perspective of the Availability and Effectiveness of Polish Civil Proceedings
type: item
description: The disposal of items or rights covered by a dispute in civil proceedings is regulated to ensure stability of the process. However, this leads to a restriction of the principle of disposability and consequently reduces the effectiveness of the proceedings. Material disposals (settlement, acknowledgement of the claim or withdrawal of the claim with waiver of the claim) involving the seller should be deemed inadmissible by the court because the seller cannot dispose of the disputed subjective right freely. As a result of singular succession during the proceedings, this right has been transferred to the buyer, who is its sole disposer from that moment onwards.
creator: Olimpia Marcewicz-Kochnio
rights: Copyright (c) 2026 Olimpia Marcewicz-Kochnio http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2026-01-07
publication date: 2026-01-07
volume: 34
number: 5
starting page: 131
ending page: 144
doi: 10.17951/sil.2025.34.5.131-144

The Recording of a Suspect’s Interrogation Using Audio or Video Devices: Postulates De Lege Ferenda and De Lege Lata
type: item
description: The current model of criminal proceedings assumes optional recording of images and sounds from recorded activities, including the suspect’s interrogation. Audiovisual recording of this type of procedural activity is rare in practice, which, considering the level of technological development, should force deeper reflection. Interrogation reports do not constitute a faithful representation of activities of particular importance for achieving the objectives of criminal proceedings. They also do not reflect the suspect’s full statement, the context in which his words are spoken, and the elements that make up the so-called non-verbal communication. The changes proposed in this article assume mandatory recording of all suspect interrogations, which is intended to meet high standards of a fair criminal trial and protect the accused from torture and inhuman or degrading treatment.
creator: Piotr Misztal
rights: Copyright (c) 2026 Piotr Misztal http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2026-01-07
publication date: 2026-01-07
volume: 34
number: 5
starting page: 145
ending page: 160
doi: 10.17951/sil.2025.34.5.145-160

The Use of Proven Technologies in Nuclear Facilities: An Analysis of Article 36b of the Atomic Law
type: item
description: This article analyses Article 36b of the Polish Atomic Law, which imposes an obligation to use of either practically proven solutions and technologies or those confirmed safe through tests, research, and analyses in nuclear facility design and construction. The scientific problem addressed is the lack of precise guidelines for verifying proven technologies and the dilemma of balancing nuclear safety with technological progress, a critical issue for Poland’s burgeoning nuclear energy sector. The aim of the research is twofold: to reconstruct the legal norm within this provision, clarifying the concepts of “proven in practice” and “through tests, research, and analyses”, and to formulate de lege ferenda postulates for amendments. The main theses highlight the crucial role of the President of the Polish National Atomic Energy Agency, potential interpretative problems from the current wording, and the need for clearer verification methods for novel technologies, drawing comparisons with international frameworks. The originality of the research lies in providing the first comprehensive analysis of this specific Polish requirement, uniquely contrasted with the Convention on Nuclear Safety and International Atomic Energy Agency standards. The scope of research is national, EU-wide, and international, focusing on Polish law while gaining insights from broader nuclear safety frameworks. This article offers significant cognitive value for both legal science and practice, illuminating regulatory gaps and proposing solutions to enhance nuclear safety and technological advancement in Poland and internationally.
creator: Łukasz Młynarkiewicz
rights: Copyright (c) 2026 Łukasz Młynarkiewicz http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2026-01-07
publication date: 2026-01-07
volume: 34
number: 5
starting page: 161
ending page: 180
doi: 10.17951/sil.2025.34.5.161-180

The Problem of Justifying Student Absences and the Validation of Absence Excuse Letters under Polish Law
type: item
description: The article aims to examine the issue of justifying absences from compulsory classes by both parents of minor students and adult students themselves. The issue was brought forward in light of the lack of definitive legislative direction on the matter. It frequently gives rise to incorrect interpretations and non-compliant practices within the field of education. Given the foregoing, the main thesis of the article calls for clear and unambiguous legal solutions, in particular addressing the following questions: Who is authorised to justify a student’s absence and in what form? Can submitted excuse letters be validated? Who, and based on what criteria, can conduct such validation? What tools should be used to make it happen? The article is a scientific and research work. The research on this subject is original, which permits the assumption that the text may offer substantial contributions to both scholarly discourse and educational practice. Although the impact of the findings is chiefly national in scope, the absence of legal mechanisms for validating students’ excuse letters is a widespread issue across numerous EU member states. As such, the solutions proposed in the article may be of value within European educational contexts.
creator: Magdalena Pyter
creator: Adam Balicki
rights: Copyright (c) 2026 Magdalena Pyter, Adam Balicki http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2026-01-07
publication date: 2026-01-07
volume: 34
number: 5
starting page: 181
ending page: 192
doi: 10.17951/sil.2025.34.5.181-192

Polish Nationalism and Acts Criminalised under Article 256 §§ 1 and 1a of the Criminal Code
type: item
description: This paper discusses the effects of amendments to Article 256 of the Criminal Code, in particular the addition of a provision prohibiting the public promotion of Nazi, communist or fascist ideology, or ideology inciting violence in order to influence political or social life. This amendment is a departure from previous criminal regulations, which, with the exception of the “Auschwitz lie” and incitement to hatred on national, ethnic, racial, and religious grounds (or lack of religious belief), did not interfere with freedom of expression. The author examines whether the new wording of Article 256 of the Criminal Code could lead to punishment for expressing nationalist views. To this end, the paper has been divided into two parts. The first part discusses the characteristics of Polish nationalist concepts (using a doctrinal and descriptive method). The second part examines the content of Article 256 of the Criminal Code (using dogmatic methods). As a result, the author argues that criminal liability will depend on whether a given “ideology” contains a component of consent to violence as a normal tool of political struggle, which, due to the need for specialist knowledge, will have to be entrusted to scientists.
creator: Tomasz Scheffler
rights: Copyright (c) 2026 Tomasz Scheffler http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2026-01-07
publication date: 2026-01-07
volume: 34
number: 5
starting page: 193
ending page: 212
doi: 10.17951/sil.2025.34.5.193-212

Dissolution of the Municipal Council and the Person Designated to Perform the Functions of the Municipal Council: Remarks De Lege Lata and De Lege Ferenda
type: item
description: The circumstances in which the municipal council, as the decision-making and controlling body in the municipality, is dissolved are exceptional situations. They can be found in the provisions of the Act of 8 March 1990 on municipal self-government, as well as in the provisions of the Act of 15 September 2000 on local referendum. If there are grounds for dissolving the municipal council, it is necessary for the President of the Council of Ministers to appoint a person who will act as the dissolved municipal body. The applicable statutory provisions are imprecise and the solutions they contain are far from the ideas of a rational legislator. Their interpretation leads to an indication of the extent to which it is possible to make them more precise and to provide more detail in the legal regulations, which would contribute to their more effective application in practice.
creator: Kamil Sikora
rights: Copyright (c) 2026 Kamil Sikora http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2026-01-07
publication date: 2026-01-07
volume: 34
number: 5
starting page: 213
ending page: 230
doi: 10.17951/sil.2025.34.5.213-230

Barriers for the Strategy of Public Domain Works Protection Based on Trade Mark Registration in the Light of EU Case Law
type: item
description: Since the term of economic copyright protection is limited and trade mark right can be extended indefinitely, there may be a desire to artificially extend copyright protection by means of trade mark rights. The main goal of the article is to assess whether this idea is feasible. Although there is a different function and scope of copyright and trade mark right, the possibility of copyright “prolongation” cannot be excluded a priori. It seems that mainly the original purpose of the work as such and the manner of its exploitation during the term of copyright protection are of crucial importance for the possibility of “extending” copyright protection by means of a trade mark registration after the expiration of copyright protection. However, it should be borne in mind that there are some obstacles for the trade mark registration or grounds for its invalidation resulting from the European Union Trade Mark Regulation 2017/100, that are especially difficult to overcome in the case of public domain artwork depicted in a trade mark, i.e., lack of distinctiveness, application in bad faith, inconsistency with public policy or accepted principles of morality.
creator: Joanna Sitko
rights: Copyright (c) 2026 Joanna Sitko http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2026-01-07
publication date: 2026-01-07
volume: 34
number: 5
starting page: 231
ending page: 252
doi: 10.17951/sil.2025.34.5.231-252

Dismissal of a Judge from Delegation in Light of the Provisions of the Constitution of the Republic of Poland
type: item
description: This article addresses the matter of constitutionality of the provisions related to dismissal of a judge from delegation to another court. The paper first discusses the scope of a judge’s power connected with his or her appointment to adjudicate in a particular court. The stability of this power is guaranteed by the provisions of the Constitution of the Republic of Poland, indicating, i.a., the non-transferability of a judge. Next, it is clarified that delegation of a judge to rule in another court constitutes an extension of the judge’s power. However, this expanded scope is not protected by the Constitution of the Republic of Poland since a judge can be dismissed from delegation at any time by the Minister of Justice. Finally, the article presents the view that a court staffed by judges whose stability of judicial power is not guaranteed does not meet the requirement of an autonomous, impartial and independent court, as stipulated in Article 45 (1) of the Polish Constitution.
creator: Karol Skrodzki
rights: Copyright (c) 2026 Karol Skrodzki http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2026-01-07
publication date: 2026-01-07
volume: 34
number: 5
starting page: 253
ending page: 268
doi: 10.17951/sil.2025.34.5.253-268

Algorithm in the Structure of Administrative Decision-Making: A Model of Explainability and Burden of Proof for an Effective Legal Remedy within Discretionary Power in Public Administration
type: item
description: The introduction of artificial intelligence (AI) systems into public administration decision-making processes poses fundamental challenges to procedural guarantees, particularly the right to an effective legal remedy. This article examines how the use of algorithms, especially those of a “black box” nature, affects the transparency of proceedings and the possibility of judicial review. Based on a dogmatic analysis, rooted in the concept of a rationalized administrative decision, and a comparative case study analysis (Poland, the Netherlands, Estonia, Finland), the author argues that the lack of explainability in AI systems paralyzes the right to appeal. In response to the diagnosed problems, the article proposes a model for a minimum standard of “algorithmic justification”, which can be implemented within the legal system. This model aims to restore transparency, reverse the unfavorable burden of proof for the individual, and adapt the judicial cognition model to the new technological reality, taking into account ESG frameworks as a standard of due diligence for public authorities.
creator: Adam Szot
rights: Copyright (c) 2026 Adam Szot http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2026-01-07
publication date: 2026-01-07
volume: 34
number: 5
starting page: 269
ending page: 282
doi: 10.17951/sil.2025.34.5.269-282

The Admissible Use of Self-Control by the Local Government Body in Relation to Resolutions Appealed against to the Administrative Court ‒ Theoretical and Empirical Analysis of Selected Issues
type: item
description: This article presents the issue of using the institution of self-control in a situation where a complaint to the administrative court concerns resolutions of the constitutive bodies of local government units. As part of the legal analysis of the institution in question, the author paid special attention to its constraints with significant limitations, which constitute the limits of its admissibility. The paper also indicates practical aspects and nodal problems resulting from the various mechanisms used, which, due to its heterogeneity, have been subjected to in-depth empirical analysis and constructive criticism. The article presents the results of research carried out on the basis of the evaluation of numerous responses to requests for disclosure of public information, formulated by voivodeship marshals, poviat starosts and city presidents. The study is therefore scientific and research and practical in nature. The results of the research performed during the interpretation of the research findings are original and innovative, as such studies have not been conducted so far. This makes this study a valuable source of knowledge for representatives of science and practice.
creator: Piotr Świerczyński
rights: Copyright (c) 2026 Piotr Świerczyński http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2026-01-07
publication date: 2026-01-07
volume: 34
number: 5
starting page: 283
ending page: 303
doi: 10.17951/sil.2025.34.5.283-303

Transfer of Rights and Obligations Arising from a Contract without Consumer’s Consent as a Prohibited Contractual Clause
type: item
description: The paper includes an analysis of one of the abusive clauses regulated in the Polish Civil Code. The issue of prohibited contractual terms is of considerable importance due to the fact that it is related to contractual relationships with entities having the status of consumers, commonly established in commercial transactions. The clause was indicated by the legislator in Article 3853 (5) of the Civil Code and refers to the transfer of rights and obligations from a contract without the consumer’s consent. It has not yet been covered by a detailed analysis. The author pointed out the general classification elements for the provision of Article 3853 (5) of the Civil Code as an abusive clause, in the form of concluding a contract with a consumer and the lack of individual arrangements in its scope. She concluded that the above-mentioned provision applies only to the assignment of contract carried out by a party without the consumer’s consent. A result of introducing such an abusive clause into a contract is a peculiar sanction, i.e. the partial ineffectiveness of the legal transaction (Article 3851 § 2 of the Civil Code).
creator: Joanna Wiak
rights: Copyright (c) 2026 Joanna Wiak http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2026-01-07
publication date: 2026-01-07
volume: 34
number: 5
starting page: 305
ending page: 317
doi: 10.17951/sil.2025.34.5.305-317

Practical Aspects of Performing Duties of the Guardian of a Person Whose Whereabouts Are Unknown by Attorneys-at-Law Designated for This Function in Civil Proceedings
type: item
description: The guardian of a person whose whereabouts are unknown is not only responsible for representing the absent party/participant in civil proceedings until they join the ongoing proceedings, but is also obligated to establish that person’s address for service, unknown to the parties to the proceedings and the court hearing the case. Until the judicial correspondence is served to the absent party/participant, the guardian performs all necessary acts in the case on behalf and for the benefit of that person. The guardian of a person whose whereabouts are unknown is not entitled to expect public institutions or authorities to provide information about the absent party/participant in the proceedings. In practice, the actions of guardians related to determining the whereabouts of the party/participant being represented may therefore boil down to searching for such a person in the field or on social networking sites, which may raise legitimate doubts in light of the professional ethics standards applicable to attorneys-at-law and advocates or the provisions on personal data protection.
creator: Natalia Karpiuk-Wawryszuk
rights: Copyright (c) 2026 Natalia Karpiuk-Wawryszuk http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2026-01-07
publication date: 2026-01-07
volume: 34
number: 5
starting page: 319
ending page: 331
doi: 10.17951/sil.2025.34.5.319-331

https://journals.umcs.pl/sil/article/view/20382
type: item
title: “One Spring – One Trade Name of Water” as a General Principle of the Labelling and Marketing of Natural Mineral Waters and Spring Waters: Commentary on the Judgment of the Court of Justice of 3 April 2025 in Case C-462/23 Commission v. Republic of Bulgaria
description: In the commented judgment, the Court of Justice clarified, in connection with Article 8 (2) of Directive 2009/54/EC, the definition of the term “spring” as an autonomous concept of EU law. Referring to its earlier case law, in particular to the judgment in Case C-207/14 Hotel Sava Rogaška, the Court confirmed that a Member State which allows marketing natural mineral water (or spring water) originating from one and the same spring and extracted from one or several water exits (bore exits), under more than one trade description fails to fulfil its obligations under Article 8 (2) of Directive 2009/54/EC. The commented judgment is of significant importance for Poland. In the light of the judgment, it must be acknowledged that § 7 (2) of the Regulation of the Minister of Health of 31 March 2011 on natural mineral waters, spring waters, and table waters, which allows natural mineral water to be marketed under a single trade description when it originates from one or more natural or bore exits forming one water exit, incorrectly transposes Article 8 (2) of Directive 2009/54/EC into Polish law.
creator: Edyta Całka
rights: Copyright (c) 2026 Edyta Całka http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2026-01-07
publication date: 2026-01-07
volume: 34
number: 5
starting page: 335
ending page: 349
doi: 10.17951/sil.2025.34.5.335-349

A New Expert Opinion as Grounds for the Reopening of Judicial Proceedings Propter Nova: Commentary on the Judgment of the Supreme Court of 16 May 2018 (V KO 26/18, LEX no. 2515771)
type: item
description: The Supreme Court’s judgment of 16 May 2018 (V KO 26/18) concerns the issue of recognition of a new expert opinion, prepared on the basis of the same evidence as the expert opinion issued in the course of the court proceedings covered by the motion for reopening, and which only contains different conclusions. The Supreme Court stated that such an opinion should be considered as new evidence, justifying the resumption of proceedings, if the different conclusions were drawn on the basis of new research methods previously unknown to the experts giving their opinions. The authors fully endorse the above view, pointing out that scientific and technological progress allows for the development of more and more accurate examination procedures, thus creating the possibility of examining evidence and clarifying cases even many years after the crime was committed. Therefore, there is a high probability that there will be cases in which the achievements of modern science and technology will allow for the formulation of completely different conclusions from those made in validly concluded criminal trials. In the commentary, three criteria are formulated, the fulfilment of which allows one to consider a newly drawn up expert opinion as new evidence warranting the resumption of proceedings: 1) the preparation of a new opinion by a new expert or a new team of experts (often an interdisciplinary team), even if they would have given an opinion based on the same evidence and traces that had already been the subject of examinations and expert opinions based on them; 2) the use of new research methods, previously unknown or not used in the original opinion, as a result of developments in science and technology, enabling a more complete and thorough analysis of the research material; 3) the adoption of different conclusions by the experts from the research carried out thanks to the use of innovative research methods which were unknown or not used in the original opinion.
creator: Barbara Dudzik
creator: Joanna Dzierżanowska
rights: Copyright (c) 2026 Barbara Dudzik, Joanna Dzierżanowska http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2026-01-07
publication date: 2026-01-07
volume: 34
number: 5
starting page: 351
ending page: 364
doi: 10.17951/sil.2025.34.5.351-364

Multiplicity of Factual Grounds of an Action and Accumulation of Procedural Claims: Commentary on the Judgment of the Supreme Court of 28 August 2019 (IV CSK 255/18, LEX no. 2729030)
type: item
description: In the commented judgment, the Supreme Court considered, among other things, if a situation in which the claimant formulates one claim, basing it on various sets of facts, could be recognized as an objective accumulation of claims. Assuming that the dissimilarity of the alternative factual grounds entails the emergence of two or more procedural claims, the Court concluded that the multiplicity of claims (objective accumulation of claims) occurs when the claims differ from each other either in terms of the content of the claims, or in terms of sets of factual circumstances which justify them, or simultanously by both of these elements. When submitting multiple claims, the claimant should specify precisely not only the content of each claim and the factual circumstances justifying it, but also specify the relationship between the accumulated claims. While the detailed threads of the quoted position should be partially approved, the underlying view assuming that the submission of one claim with multiple factual justification is equivalent to objective accumulation of procedural claims should be critically considered. This view does not seem to take into account the basic assumptions of the two-part – as is commonly accepted – construction of the subject of a civil trial, and at the same time it remains in a collision with the rules of procedural efficiency, especially in terms of the requirements for precision and accuracy in marking the claim, and, consequently, in terms of the effectiveness and correctness of further procedural steps aimed at recognizing the case.
creator: Edyta Gapska
rights: Copyright (c) 2026 Edyta Gapska http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2026-01-07
publication date: 2026-01-07
volume: 34
number: 5
starting page: 365
ending page: 381
doi: 10.17951/sil.2025.34.5.365-381

Limitation of the Freedom of Contract and the Autonomy of the Will of a Party to a Framework Agreement and of a (Commodity) Exchange Transaction in the Energy and Fuel Gas Markets
type: item
description: This paper deals with the automation of trading in electricity and fuel gas and the obligation for electricity and fuel gas to be traded on an energy exchange (“exchange trading obligation”), which are provided for in energy regulations and capital market regulations (covering the stock exchange and trading in financial instruments). The automation of trading, as exemplified by framework agreements and specific contracts based thereon, has created the problem of determining the limits of the legal effects of an expression of intent. In contrast, selling via a commodity exchange requires a complex system of purchase and sale relationships based on commodity orders and multi-entity sale contracts entered into via a commodity exchange. In either case, the conclusion of a sale contract entails the problem of determining the limits of the autonomy of the will of (or the situation of) the seller in a civil-law contractual relationship in relation to the other party (or other parties) to the contract and in connection with public-law obligations under mandatory provisions of law and/or private-law (contractual) obligations of all or only some of the parties to the contract. The obligation to sell that arises from both administrative law and private law (a voluntarily accepted obligation) delimits the autonomy of the will of the seller, resulting in his freedom of contract being limited as regards his discretion to decide whether or not to enter into a contract, to choose who to contract with, and to decide on the terms of the contract. This paper analyses the foundations and performance of a specific contract entered into under a framework agreement and, in similar terms, the commodity exchange transaction, with limitations of the freedom of energy contracts as a backdrop.
creator: Marcin Marszałek
rights: Copyright (c) 2026 Marcin Marszałek http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2026-01-08
publication date: 2026-01-08
volume: 34
number: 5
starting page: 385
ending page: 405
doi: 10.17951/sil.2025.34.5.385-405