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Studia Iuridica Lublinensia
Number of Followers: 0  Open Access journalISSN (Print) 1731-6375 - ISSN (Online) 2449-8289 Published by Wydawnictwo UMCS  [26 journals]
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- Title-Page and Table of Contents
Authors: Jarosław Kostrubiec
Pages: 1 - 7
PubDate: 2024-06-27
DOI: 10.17951/sil.2024.33.2.1-7
Issue No: Vol. 33, No. 2 (2024)
- The Opportunities of Digitalisation in Public Administration with a
Special Focus on the Use of Artificial Intelligence
Authors: András Bencsik
Pages: 11 - 23
Abstract: The study examines the issue of digitalisation of public administration. After outlining the theoretical foundations, an international framework for the creation of digital public administration is analyzed, followed by a discussion of its development in Hungary and its evaluation. In Hungary, the related legislation was initially introduced with the implementation of electronic administration, the anomalies of which were first noticeable with the introduction of electronic birth registration. In this context, the study discusses the possibilities of applying artificial intelligence (AI) in the public sector and reviews current and existing applications and good solutions, as well as possible development directions. The article describes the successes of AI applications in the financial sector and then goes on to discuss automated decision-making in more detail, as well as the planned legislative thinking on the subject.
PubDate: 2024-06-27
DOI: 10.17951/sil.2024.33.2.11-23
Issue No: Vol. 33, No. 2 (2024)
- Personal Marriage Law of the Second Polish Republic in the Eastern Lands
of the Former Russian Partition
Authors: Judyta Dworas-Kulik
Pages: 25 - 44
Abstract: The article describes the problems facing the marriage law in the eastern parts of the Second Polish Republic. These issues are mainly due to the lack of codification of matrimonial law throughout the territory of the Republic of Poland and the fact that exclusively civil jurisdiction in matrimonial matters was not implemented, as it was envisaged in Lutostański’s proposal. The decisions of ecclesiastical courts led to the creation of substantially invalid marriages and the spreading of legal bigamy. Failure to observe state regulations concerning the jurisdiction of ecclesiastical courts in dissolution or nullity cases, as well as mutual non-recognition of judgments of the ecclesiastical courts contributed to the creation of areas called “divorce meccas”. These designations referred to the Eastern Orthodox and Calvinist Church existing in the eastern territories of the Second Polish Republic. Taking into account the above, the article is intended to compare factors destabilising marriage law in the areas in question. To analyze this issue, primarily the historical and legal method was used.
PubDate: 2024-06-27
DOI: 10.17951/sil.2024.33.2.25-44
Issue No: Vol. 33, No. 2 (2024)
- Management of Municipal Waste during the Geopolitical Crisis from the
Point of View of the Commune Budget in Poland
Authors: Jadwiga Glumińska-Pawlic, Tomasz Gwóźdź
Pages: 45 - 56
Abstract: The article aims to present the problem of paying for municipal waste management in the face of the influx of refugees caused by the war in Ukraine. The number of people residing in Poland has significantly increased, and as a result more waste is generated. The authors analyse current legal regulations and judgments of administrative courts and the Constitutional Tribunal to determine who is obliged to pay the municipal waste management fee and what proper steps this entity should take. Due to the nature of the problem, the dogmatic-legal method was used to analyse the texts of legal acts, court decisions and available literature. The solution proposed by the authors can be used in practice by the bodies of local government units adjudicating the determination of the municipal waste management fee amount.
PubDate: 2024-06-27
DOI: 10.17951/sil.2024.33.2.45-56
Issue No: Vol. 33, No. 2 (2024)
- Out of the Activities of the Special Court in Lublin (1939–1944)
Authors: Konrad Graczyk
Pages: 57 - 86
Abstract: The article is of a scientific nature. It refers to the activities of the Special Court in Lublin (Sondergericht Lublin) in the years 1939–1944, i.e. one of the German special courts operating in the area of General Government. Investigation of this topic is justified by the lack of even fragmentary findings on that court. Therefore, the purpose of the research was to determine basic facts: what kinds of matters were examined by the Sondergericht; the defendants of what nationality were in majority; what sentences were imposed on the defendants; whether and in what circumstances death penalty was handed down; who presided over the works of the Sondergericht, what judges formed its personnel and what prosecutors took part in the trials before the Sondergericht; where the lawyers involved in the Sondergericht’s works came from; whether the court’s rulings could be set aside by extraordinary means of challenge. The source basis of these considerations are archival materials, literature and the press. On this basis, original, so far unknown findings have been made on the Special Court in Lublin.
PubDate: 2024-06-27
DOI: 10.17951/sil.2024.33.2.57-86
Issue No: Vol. 33, No. 2 (2024)
- From Principle to Practice: The EU-Wide Implementation Challenges of the
“Right to Be Forgotten” Following Google v CNIL
Authors: Nina Gumzej
Pages: 87 - 107
Abstract: While scholarly attention largely gravitates towards the debate on regional versus global delisting under EU law, this paper scrutinizes the Google v CNIL ruling concerning the conditions and methods of EU-wide delisting in light of the preliminary reference questions posed. The focus lies in the intricate analysis absent from the dispositif, which leaves many complexities to the evaluation of the national data protection authorities and the courts, and, concerningly, to the solely discretion of the search engine operators. Nuanced analyses absent from the dispositif address the crucial aspects in defining the territorial scope such as the role of geo-blocking, the possible public interest variations within the EU and the regulatory cooperation frameworks, particularly in light of Google’s standard delisting procedure. Furthermore, the research highlights the concerns about the varying levels of protection for EU citizens, contrasting the delisting procedure before the search engine operator and the formal proceedings involving the data protection authorities and the courts. By exploring a significant decision by the Belgian data protection authority, the author illustrates the possibilities for regulatory cooperation to achieve a cohesive and comprehensive approach to EU-wide delisting. The author advocates for regulatory transparency in this legal area and explicit guidance from the European Data Protection Board toward ensuring that the “right to be forgotten” is applied consistently and in a manner that genuinely protects individuals’ rights across the EU.
PubDate: 2024-06-27
DOI: 10.17951/sil.2024.33.2.87-107
Issue No: Vol. 33, No. 2 (2024)
- Inclusion of the Protective Function into Non-Employee Relationship
Authors: Łucja Kobroń-Gąsiorowska
Pages: 109 - 128
Abstract: The author analyzes the inclusion of the protective function of labor law in the sphere of non-employment relationship. The main problem analyzed in the article concerns the issue of the universal nature of the protective function of labor law. According to the author, the subject of the protective function are all entities providing gainful employment, which is an added value in terms of the essence of this protection. This value will apply to all forms of performing work, and thus the rights resulting from the performance of work will be universal. The content of the protective function of labor law may be fulfilled by regulations unjustified in the traditional positioning of an employee within the meaning of the provisions of the Labor Code.
PubDate: 2024-06-27
DOI: 10.17951/sil.2024.33.2.109-128
Issue No: Vol. 33, No. 2 (2024)
- Use of Unmanned Aerial Vehicles for Combat Purposes: Selected Legal and
Medical Aspects
Authors: Wojciech Konaszczuk, Adam Nogalski
Pages: 129 - 147
Abstract: The COVID-19 pandemic has led to a decrease in human contact and a shift towards cyberspace, resulting in the rapid growth of the IT sector and advancements in engineering using IT solutions. This global phenomenon has also caused the collapse of the world economy and increased tensions. In 2022, the largest armed conflict in European history since World War II occurred due to the actions of the Russian Federation. The article focuses on the alignment of legal regulations at domestic and international levels regarding the use of combat drones. The main thesis confirms the assumption that legal systems of states and organizations are ill-prepared for the use of combat drones. The consequences of using these devices in the medical field are examined to support this thesis. The goal of the article is to present legal solutions that prioritize the protection of life and health. The cognitive value for practice is related to the unification of the conceptual framework and focus on transnational norms that can be used in the fields of both law and medicine. By definition, the article has an international scope due to the problems discussed.
PubDate: 2024-06-27
DOI: 10.17951/sil.2024.33.2.129-147
Issue No: Vol. 33, No. 2 (2024)
- Animal Protection Education (Legal Aspects)
Authors: Emil Kruk
Pages: 149 - 174
Abstract: The article is of a scientific research nature, and its main aim is to analyse the legislation providing for obligations for the dissemination of knowledge on animal protection, as well as to evaluate them and formulate optimisation postulates. The formal-dogmatic analysis of the regulations in force in the Polish legal order has been preceded by findings on how this issue is regulated in international and EU laws. This is mainly supported by the fact that formal education has a huge role to play in animal protection. Unfortunately, this issue has been marginalised in all legal orders discussed in this text. All in all, the normative arrangements adopted must be assessed as very insufficient, in particular as regards the fulfilment of the statutory obligation to take account of animal protection issues in the general education core curriculum. Moreover, this issue is very rarely subject to an in-depth scientific analysis. Therefore, the dissemination of previously unpublished research results will help develop better legislative solutions and raise public awareness about the protection of animals, which is one of the conditions for further civilizational progress.
PubDate: 2024-06-27
DOI: 10.17951/sil.2024.33.2.149-174
Issue No: Vol. 33, No. 2 (2024)
- Globalisation in the Gavel: Unveiling the Transformation of Poland’s
Authors: Stanisław Lipiec
Pages: 175 - 200
Abstract: The study presents a comprehensive, scientific and research-orientated analysis of the impact of globalisation on the Polish judiciary, with a specific focus on the experiences and adaptations of Polish lawyers. It delves into the integration and challenges of applying international legal norms, particularly European Union law, within the Polish legal framework. The research methodology includes qualitative interviews and a thorough review of legislative developments, providing a methodological approach to understand the phenomenon. The report identifies the adaptation of Polish legal professionals to globalisation of law as a significant scientific problem, justifying the need for a deeper exploration of this issue. It posits the main thesis that the Polish judiciary is undergoing a transformative phase, influenced significantly by international legal principles, but faces challenges in the complete assimilation of these norms. The purpose of this research is to shed light on the nuanced process of legal globalisation within a national context, focusing on the role of legal professionals in this transition. The originality of the research lies in its detailed examination of Polish lawyers’ perspectives, a relatively underexplored aspect in the existing literature. The scope of the research is both national and European Union focused, with implications for international legal studies. Its cognitive value extends beyond academic discourse, offering practical insights for legal practitioners and policymakers in Poland and similar jurisdictions undergoing legal globalisation. The findings contribute significantly to the understanding of the socio-legal dynamics at play in the context of global legal integration.
PubDate: 2024-06-27
DOI: 10.17951/sil.2024.33.2.175-200
Issue No: Vol. 33, No. 2 (2024)
- Legal and Constitutional Aspects of the Triple Union: On the History of
Federalism in East-Central Europe in the Modern Era
Authors: Jerzy Malec
Pages: 201 - 221
Abstract: The history of European federalism, including associations of union in which the Polish-Lithuanian Commonwealth participated, has recently become particularly topical. Quite a lot was written about it, in particular the Polish-Lithuanian Union linking the two states over several centuries. Whereas relatively little is known about the history of attempts made in the early modern era to create a power in Central and Eastern Europe based on a union of states that were particularly important in the region at the time. This idea of a union was to unite three states: Poland, Lithuania and Russia, hence the name Triple Union (Pol. unia troista), was first outlined in 1572. It was then renewed at three successive elections until 1587. It was also current during the reign of Sigismund III Vasa, until 1613, when Mikhail Romanov ascended the Moscow throne, starting a new dynasty. With the election of Romanov as Tsar, the project of the Triple Union was abandoned, although Vladislav IV still laid claim to the Moscow throne for a dozen or so years (until 1634), but these claims no longer had any great practical significance and were finally abandoned. Plans for a union advanced by the Polish side often referred to the solutions applied in the earlier acts of union between the Kingdom of Poland and the Grand Duchy of Lithuania. This testifies to a strongly developed federalist practice which was characteristic of the Commonwealth, and was at the same time implemented in its own peculiar way. Undoubtedly, the greatest impact on the negotiations was exerted by the Union of Lublin, which at that time was still quite recent. Its provisions, and at the same time the positive effects that is provided for both nations, likely shaped the consciousness of the nobility during the preparation of subsequent diplomatic missions to Moscow. The idea of a Triple Union was undoubtedly one of the boldest political projects of the era. Although it is true, that the concept of the Triple Union remained only in the sphere of projects, it was nevertheless of great importance in the 16th and 17th centuries. However, no dedicated study has yet appeared that would comprehensively present its development, content and significance. This article is an attempt to even partially fill this gap in Polish historiography.
PubDate: 2024-06-27
DOI: 10.17951/sil.2024.33.2.201-221
Issue No: Vol. 33, No. 2 (2024)
- Electronic Evidence in Civil Proceedings on the Background of Comparative
Law
Authors: Mariusz Nowak
Pages: 223 - 237
Abstract: Constant technological development changes all aspects of human life. The digital revolution has created many new opportunities for obtaining and presenting evidence, irretrievably changing the taking of evidence. As a result of increasing computerization, the civil process has become more streamlined – its speed and quality have improved. The role of modern technologies is manifested, among others, by the possibility of taking evidence proceedings with the use of devices transmitting images and sounds or the possibility of using data and information recorded in electronic form in court. The consequence is the presence of electronic evidence. In Polish legal literature, the issue of electronic evidence has been taken up for the purposes of criminal trial and forensics. However, there have not been many studies in the field of civil proceedings, despite the fact that the evidence in question is deeply rooted in civil cases and has long been used in evidence proceedings. Due to the title issue, it was necessary to formulate its definition for the purposes of civil proceedings. The author indicated the place of electronic evidence in the legal system and came to the conclusion that it would be worth considering separating them as an independent means of evidence due to the significant differences between it and other types of evidence and their complex nature. The considerations made confirm the belief that electronic evidence should be distinguished as a separate type of evidence, because their admissibility should be examined on an individual basis, and the lack of detailed regulations may create numerous practical problems.
PubDate: 2024-06-27
DOI: 10.17951/sil.2024.33.2.223-237
Issue No: Vol. 33, No. 2 (2024)
- Tobacco Smuggling: Legal Response to the Eastern European Inflow
Authors: Mirosława Laszuk, Magdalena Perkowska
Pages: 239 - 258
Abstract: Cigarette smuggling is an important part of the illicit cigarette trade in the European Union. The most frequently cited reason for smuggling is a significant difference in cigarette prices resulting from the large share of customs and taxes (primarily the excise tax) in cigarette prices. The magnitude of this phenomenon in a given country depends, among other things, on its geopolitical location and its legal, economic and social conditions. Poland, taking into account its geopolitical location, is one of the EU countries that are crossed by “transit routes” for cigarette smuggling, including the route across the EU’s internal border between Poland and Lithuania. At the same time, it is a country where smuggling detection rates are high. Customs control by customs administration bodies based on risk analysis, supported by international exchange of information, and their cooperation with other entities on the national, European, and international level are of particular importance in this regard. The main objectives of the article are to identify the legal arrangements for customs control as the primary guarantor of compliance with the prohibitions and restrictions on international trade in goods and to assess its impact on the rates of detection of cigarette smuggling.
PubDate: 2024-06-27
DOI: 10.17951/sil.2024.33.2.239-258
Issue No: Vol. 33, No. 2 (2024)
- The Legal Basis for Protection against Road Traffic Noise (with Particular
Emphasis on the Preparation and Implementation of Road Project and the
Stage of Road Operation)
Authors: Piotr Poniatowski
Pages: 259 - 280
Abstract: The article discusses the regulations under which information on the state of the environment is collected, which can be used at the stage of planning, designing, constructing and operating roads (state environmental monitoring, programmes of environment protection against noise, strategic noise maps). It also addresses the issue of protection against road traffic noise at the stage of road design, construction and alteration, as well as at the stage of road operation. It also identifies environmental protection authorities that play an important role in the context of supervising compliance with noise protection regulations, and briefly discusses the legal remedies available to people exposed to excessive road traffic noise.
PubDate: 2024-06-27
DOI: 10.17951/sil.2024.33.2.259-280
Issue No: Vol. 33, No. 2 (2024)
- Lack of Fair Judicial Review of Pre-Trial Detention after Surrendering the
Prosecuted Person as an Absolute Obstacle to Extradition
Authors: Przemysław Tarwacki
Pages: 281 - 298
Abstract: The article is a research and scientific study prepared using the dogmatic method. It addresses the most sensitive issues that the Polish Supreme Court has dealt with in recent years in the area of interpretation of obstacles to extradition, i.e. the problem of the lack of prompt and ex officio judicial review of non-judicial pre-trial detention at the stage of preparatory proceedings in the State requesting the extradition of a prosecuted person. In one of its rulings, which is crucial in this matter, the Supreme Court took the position that this deficiency was not a sufficient basis for finding a legal obstacle to extradite the prosecuted. The argumentation of the Court does not deserve full approval. It is a manifestation of failure to notice the requirement, under Article 5 (3) of the European Convention on Human Rights and Article 9 (3) of the International Covenant on Civil and Political Rights, to bring each detained person promptly ex officio before a judge in the context of their personal security. It should be assumed that the lack of prompt and ex officio review of pre-trial detention at the stage of the preparatory proceedings, including bringing the detained person before a judge, after the defendant has been transferred to the authorities of the requesting state, may constitute grounds for assuming that there is a well-founded concern about violation of the defendant’s personal security for this reason. Such an assessment should be made a casu ad casum as necessary, after supplementing the information from the requesting party.
PubDate: 2024-06-27
DOI: 10.17951/sil.2024.33.2.281-298
Issue No: Vol. 33, No. 2 (2024)
- Cybereducation in Society – Benefits and Threats
Authors: Andrzej Pieczywok
Pages: 299 - 312
Abstract: The author points to an important area of education, as the article refers to cybereducation as an opportunity to acquire, process and share information over the Internet and using computer systems. Cybereducation in society is provided at several levels: family environment, school (academic) environment, professional (workplaces) environment, local government, community organisations, media. The family environment is mainly about teaching children to be sceptical about sharing data online and teaching them how to use a tablet or computer properly. Cybereducation notably includes cyber lessons given by school and university teachers on how to use the Internet safely. Cybereducation also includes services consisting of offering employees a cybersecurity training package. Non-governmental organisations, an essential part of democracy and civil society, play a significant role in cybereducation in society. The media presence used by individuals and entities who are a source of threat to international peace and security is also significant in this regard. The article contains the characteristics of concepts related to cybereducation, describes the threats and benefits to this issue, and contains conclusions for improving the quality of cybereducation.
PubDate: 2024-06-27
DOI: 10.17951/sil.2024.33.2.299-312
Issue No: Vol. 33, No. 2 (2024)
- Competition Law Implications for Joint Bidding During Public Procurement
Authors: Andrius Puksas, Raimundas Moisejevas, Rūta Petkuvienė
Pages: 313 - 326
Abstract: In 2023, the European Commission adopted revised Guidelines on the applicability of Article 101 of the Treaty on the Functioning of the European Union to horizontal co-operation agreement, following a thorough evaluation and review of the Guidelines on the applicability of Article 101 of the Treaty on the Functioning of the European Union to horizontal co-operation agreements. The chapter of the Guidelines on commercialization agreements was expanded to include a new section on bidding consortia and guidance on the distinction with bid rigging. The Commission proposed to use the term “bidding consortium” for simplicity instead of “joint bidding”. Public procurement and competition law aim to achieve similar goals. Coordinated actions of competitors may jeopardize the outcome of public procurement. This is particularly the case when several potential suppliers attempt to join forces in a public procurement. In the article, the authors analyze the legal framework of the EU Member States for assessing proposals resulting from joint activities and bidding. Particular attention is paid to the regulatory and practical constraints faced by suppliers and contracting authorities.
PubDate: 2024-06-27
DOI: 10.17951/sil.2024.33.2.313-326
Issue No: Vol. 33, No. 2 (2024)
- The COVID-19 Pandemic in Chile: Challenges of Intergovernmental Relations
and Coordination in a Decentralized Unitary State
Authors: Esteban Szmulewicz Ramírez
Pages: 327 - 351
Abstract: The paper explores the relationship between national and subnational authorities in Chile in the context of the government’s response to the COVID-19 pandemic, particularly analyzing the principle of coordination and the complexities of the state of emergency. The analysis is carried out in light of the constitutional provisions of the Chilean political system. Although subnational authorities developed significant activities to address the effects of the pandemic in their respective territories, particularly the local mayors, this was not accompanied by legal or practical reforms to integrate institutional or procedural changes to incorporate the subnational levels of government in the decision-making processes. During this state of emergency, the formal and informal institutions failed to be accountable for the necessary coordination of their competences at national, regional and local levels. Therefore, the COVID-19 pandemic, occurring during a nationwide constitution-making debate in Chile, opened the opportunity to discuss institutions and arrangements that could lead to an effective and legitimate system of intergovernmental relations in a decentralized unitary state.
PubDate: 2024-06-27
DOI: 10.17951/sil.2024.33.2.327-351
Issue No: Vol. 33, No. 2 (2024)
- Regulation of Work and Rest Pattern for Personnel of Transport Companies
in Ukraine: Peacetime and Specifics of Wartime
Authors: Nadiia Novalska, Oksana Kyrylenko, Viktoriia Klymenko, Kateryna Razumova, Valentyn Kediulich
Pages: 353 - 374
Abstract: The article substantiates the relationship between human working capacity and the work and rest pattern of the personnel of transport enterprises. Driving vehicles requires increased working capacity, that is why the legislation must clearly regulate the working time of the personnel involved in transportation. The specifics of the legal regulation of the work and rest pattern of employees of air, road, rail and water transport enterprises are considered in accordance with the norms of the legislation of Ukraine and some conventions of the International Labour Organization. Unfortunately, there are currently no legal norms regarding the regulation of the work and rest pattern for carriers in conditions of martial law, depending on the region in which they operate. The authors make conclusions about the need to study the experience of European countries regarding the regulation of the working time and rest time of transport workers according to: different modes of transport; intensifying the process of ratification by Ukraine of international agreements on regulation of the work and rest patterns; strengthening the responsibility of employers for non-compliance with the requirements of legal norms regarding the working time and rest time of employees; cooperation of employers, trade unions and state authorities in the development of program provisions and effective mechanisms for the implementation of defined norms for the protection of socio-economic and labour rights of employees at transport enterprises; revising the work and rest pattern of transport sector workers in accordance with the conditions of martial law; legal recognition of higher social guarantees for carriers working in front-line zones and combat zones.
PubDate: 2024-06-27
DOI: 10.17951/sil.2024.33.2.353-374
Issue No: Vol. 33, No. 2 (2024)
- Exposing a Person to a Direct Risk of Loss of Life or Serious Damage to
Health as a Result of Failure to Act by the Guarantor: Commentary on the
Judgment of the Supreme Court of 4 January 2020 (III KK 411/21, LEX no.
3287205)
Authors: Agnieszka Liszewska
Pages: 377 - 389
Abstract: In the commented judgment, the Polish Supreme Court assumed that the result of the offense under Article 160 of the Penal Code may also be the maintenance of a state of imminent threat of death or serious damage to health in a situation where the perpetrator is the guarantor and his act consists in the failure to act required in the given circumstances. It is difficult to agree with this view, given the meaning of the concept of effect in criminal law, according to which it is a state separate from the perpetrator’s behavior, constituting a specific and objectively noticeable change in the surrounding reality. Therefore, the assessment of the occurrence of the effect should be separated from the assessment of the act itself as threatening human life or health. If the immediate threat to human life or health persists due to the failure to act by the guarantor, the determination of the effect requires the determination of the extent to which this condition could be reduced if the guarantor complied with the obligation to act.
PubDate: 2024-06-27
DOI: 10.17951/sil.2024.33.2.377-389
Issue No: Vol. 33, No. 2 (2024)
