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. 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; The Cent…
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: Planetary Constitutionalism: Constitutional Utopia for Post-Crisis, Post-Transitional and Post-Apocalyptic World
items: Universalism versus Particularisms in Economic Systems: A Doctrinal Analysis from the Perspective of Distributism
items: Contractual Limitation of Taking by the Employee on Additional Jobs That Are Non-Competitive to the Employer
items: Unified Criteria for Differentiating Freight Forwarding and Transportation Contracts in the Context of Legal Liability
items: Jurisdiction of the Voivode in the Field of Crisis Management
items: On Justice in Judicial Application of Law
items: Marketing Communication as an Instrument Designed to Shape Image of Advocates and Legal Counsels – What Forms of Client Impact Are Permitted and How Are They Perceived in Legal Circles
items: Lawyers’ Personality and Its Implications for Conflict Resolution and Mediation: Empirical Research of the MBTI Inventory Test among Law Students
items: Constituent Instruments of the Contemporary Intergovernmental Organizations
items: Emperor Hadrian and Addicted Soldiers? Notes in the Margin of D. 49.16.6.7
items: Legal Protection of the Productive Capacity of Soils – Selected Issues
items: Climate Change Litigation: Receptiveness of Polish Constitutional Order
items: Criminal Liability for the Crime of So-called Forced Disappearance in the Ukrainian Criminal Law (Article 146-1 of the Criminal Code of Ukraine)
items: Practice of Questioning Minor Witnesses in Criminal Proceedings in Light of Survey Studies
items: The Hungarian Civil Service in the Context of International Trends
items: Wealth Tax as a Tool to Increase Tax Revenues in Polycrisis Times
items: The Legal Status of the Apostolic Nuncio in Poland
items: Comparative Legal Frameworks for Protecting Elderly People from Cyberfraud
items: Valuation of Mortgaged Real Estate in the Proceedings for the Division of Community Property of Spouses – Remarks De Lege Lata
items: The Imperative of Administrative Efficacy vs the Stability of Procedural Guarantees for Parties: Selected Issues in the Context of Applying General Principles
items: Human Right to Work and Humanlike AI at Work: Technological Unemployment as a Legal and Ethical Issue
items: The Role of Attorney at Law in Ensuring Compliance of Personal Data Processing with the Data Protection Law
items: The Role of Artificial Intelligence in the Regulation of Financial Liabilities in International Law
items: The Possibility of Using Artificial Intelligence in the Process of Composite Sketching
items: Alignment Problem as Cultural and Legal Challenge: Artificial Intelligence, Interpretability, and Searching for Sense
items: Access to Case Records During Criminal Investigation Proceedings: A Contribution to the Debate Concerning the Deformalisation of Criminal Procedure
items: Electronic Writ Proceedings – from Order to Judicial Enforcement
items: Registration of Business Activity by Natural Persons in the CEIDG System (Central Register and Information on Economic Activity): Proposals of Changes

Title-Page and Table of Contents
type: item
creator: Anna Adamczyk
rights: Copyright (c) 2025 Anna Adamczyk http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2025-09-25
publication date: 2025-09-25
volume: 34
number: 2
starting page: 1
ending page: 8
doi: 10.17951/sil.2025.34.2.1-7

Planetary Constitutionalism: Constitutional Utopia for Post-Crisis, Post-Transitional and Post-Apocalyptic World
type: item
description: The article provides for an outline of a theory of planetary constitutionalism. Planetary constitutionalism is conceived as an alternative to dark constitutionalism the latter, being form of governance based on fear politics. Planetary constitutionalism, while currently utopia, is conceptualized as constitutional model for post-crisis, post-transition and post-apocalyptic world. It is proposal for universal, transgenerationally just, and post-anthropocentric society. The paper explains the concepts of constitutional polycrisis and constitutional polytransition, as well as various aspects of the theory of planetary constitutionalism as alternative to global constitutionalism, anthropocentric constitutionalism, and hierarchical, territorially entrenched constitutionalism.
creator: Martin Belov
rights: Copyright (c) 2025 Martin Belov http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2025-09-25
publication date: 2025-09-25
volume: 34
number: 2
starting page: 11
ending page: 34
doi: 10.17951/sil.2025.34.2.11-34

Universalism versus Particularisms in Economic Systems: A Doctrinal Analysis from the Perspective of Distributism
type: item
description: The search for the optimal solution in the area of economic systems is a perpetual effort of humanity. Amongst endless disputes and conflicts between various parties, the quality of objectiveness and general effectiveness in addressing human needs could be defined as a universally desirable element. The author uses the outline of a Polish Dominican Thomist, Father Jacek Woroniecki’s works, in the search for the best answer to the problem. This original method of analysis is applied to the three most common systems, as described by Catholic thinkers Hilaire Belloc and Gilbert Keith Chesterton. The study is conducted from the perspective of the role of property, state action and morality. The methods used involve a doctrinal, legal and philosophical examination. The results prove that distributism is the most holistic, universal solution, whereas capitalism and socialism are particularistic in their nature, thus limited and unsatisfactory. The paper’s scientific outcome adds to the better understanding of the aforementioned systems, as well as to the pursuit of the best possible human economy.
creator: Paweł Boruta
rights: Copyright (c) 2025 Paweł Boruta http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2025-09-25
publication date: 2025-09-25
volume: 34
number: 2
starting page: 35
ending page: 52
doi: 10.17951/sil.2025.34.2.35-52

Contractual Limitation of Taking by the Employee on Additional Jobs That Are Non-Competitive to the Employer
type: item
description: This research paper examines the issue of contractual restrictions on undertaking by an employee additional professional activity of a non-competitive nature with regard to the current employer. This issue has been a subject of dispute among labour law scholars for many years. Research in this area has become newly relevant due to recent amendments to the provisions of the Labour Code as a result of the implementation in the Polish legal system of Directive (EU) 2019/1152 of the European Parliament and of the Council of 20 June 2019 on transparent and predictable working conditions in the European Union. As a result, Article 261 § 1 was introduced in the Labour Code, in which a prohibition was expressly stated, addressed to the employer, to prohibit the employee from taking up and remaining in additional employment. The legislature thus reinforced the employee’s freedom to undertake additional employment and emphasized the primacy of freedom of labour over protection of the interests of the employer against the uncompetitive additional activity of the worker, which could potentially undermine these interests. However, the content of the cited regulation raises interpretive questions as to whether the prohibition set out therein applies only to unilateral action by the employer or also to contractual terms agreed between the employee and the employer in this respect. Providing an answer to the above question, apart from its legal doctrinal value, is also of significant importance for the practice of legal transactions in Poland.
creator: Łukasz Bolesta
rights: Copyright (c) 2025 Łukasz Bolesta http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2025-09-25
publication date: 2025-09-25
volume: 34
number: 2
starting page: 53
ending page: 68
doi: 10.17951/sil.2025.34.2.53-68

Unified Criteria for Differentiating Freight Forwarding and Transportation Contracts in the Context of Legal Liability
type: item
description: Transport law is ambivalent from the methodological point of view. It entails different institutions and legal relations interconnected with each other. A unified document that would cover all the regulations on transport relations does not exist in democratic Western states. For this reason, there is a discourse about the “fragmented” legal substance of the law, which regulates relationships governed by different legislations, yet are closely related and similar. Transport law is divided into several levels. The first is the national, i.e. the first stage of regulation. The core agreements that form the backbone of transport law are regulated within civil and commercial codes, followed by the second level of regulation – supranational regulations of the European Union. The present article is dedicated, on the one hand, to the study of the generalized qualifying criteria for freight forwarding and transportation contracts based on the Unified Act – FIATA, and, on the other hand, to the analysis of the regulatory models of Georgian and German law in the context of their compliance and harmonization with unified standards. Studying the mentioned generalized criteria at the supranational level is of immense practical importance in terms of distinguishing the functions and duties of the carrier and the freight forwarder, as well as the corresponding legal liability regimes. The study also reviews international efforts of the unification of the liability of freight forwarders. It highlights the need to expand contractual autonomy at a unified level in the context of the deregulation of freight forwarder liability.
creator: Natia Chitashvili
creator: Irakli Burduli
rights: Copyright (c) 2025 Natia Chitashvili, Irakli Burduli, Irakli Burduli http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2025-09-25
publication date: 2025-09-25
volume: 34
number: 2
starting page: 69
ending page: 85
doi: 10.17951/sil.2025.34.2.69-85

Jurisdiction of the Voivode in the Field of Crisis Management
type: item
description: The voivode is appointed to satisfy public needs at the regional level. One such need is ensuring security, and this is achieved through mechanisms specific to crisis management. In this sphere, the voivode plays a prominent role. The article aims to determine the legal status of the voivode in the area of crisis management, specifically the tasks and responsibilities of the voivode with respect to counteracting crisis situations and mitigating the consequences they entail. This objective required an analysis of the legal provisions regulating the voivode’s position as a representative of the Council of Ministers in the field, as well as the voivode’s responsibilities in crisis management. Two research methods were used to conduct the study under consideration in this paper: the dogmatic-legal and theoretical-legal methods.
creator: Małgorzata Czuryk
rights: Copyright (c) 2025 Małgorzata Czuryk http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2025-09-25
publication date: 2025-09-25
volume: 34
number: 2
starting page: 87
ending page: 98
doi: 10.17951/sil.2025.34.2.87-98

On Justice in Judicial Application of Law
type: item
description: The article addresses the issue of justice in the judicial application of law. The discussion is focused on justice understood in substantive terms. The traditional formula “to render to everyone his or her own” (suum cuique tribuere) was adopted, filled with the content of natural, innate rights of the human person. The study identifies difficult cases and particularly difficult cases (referred to as truly difficult cases) in the judicial application of law. Difficult cases are situations where the legal provisions (normative act) that are to be the basis for the decision are unjust, immoral, wrong. Various possibilities of reaching a fair decision in such situations are identified, based on “legal instruments”, and therefore within the legal framework, focusing on the validation decision (establishing the normative basis for the law applying decision) and on practical (operative) interpretation. Particularly difficult cases (matters) are situations where a legal regulation is manifestly unjust, and thus morally grossly defective, wrong, while the law (the legal system) lacks “instruments” that would give the possibility of making a just decision. The possibilities available in such extraordinary, particularly exceptional and difficult situations of making a just decision, but which are necessary for the sake of justice, have been pointed out. The question of truth has also been tackled. The judge/court administers justice based on the truth. Learning about what has occurred in reality and establishing the facts in accordance with reality is the starting point, the precondition and basis for a just decision, while the basic (main) purpose of court proceedings is a just decision, which requires, in difficult cases and particularly difficult cases, to include in the legal (juridical) basis of the decision the normative requirements of justice (carriers of a just decision), which value is commitment-generating, obligation-making, and which “demands” that “everyone be …
creator: Wojciech Dziedziak
rights: Copyright (c) 2025 Wojciech Dziedziak http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2025-09-25
publication date: 2025-09-25
volume: 34
number: 2
starting page: 99
ending page: 112
doi: 10.17951/sil.2025.34.2.99-112

Marketing Communication as an Instrument Designed to Shape Image of Advocates and Legal Counsels – What Forms of Client Impact Are Permitted and How Are They Perceived in Legal Circles
type: item
description: The article aims to examine what opportunities advocates (in Polish: adwokat) and legal counsels (radca prawny) have in Poland to undertake promotional activities, as well as to find out what is lawyers’ opinion regarding the use of selected marketing communication instruments by the aforesaid legal professionals. The paper is a scholarly and research publication, and its coverage fits both into the fields of law and management and quality studies. Exploring the issue in question fills the identified research gap, in particular, as regards the juxtaposition of existing provisions contained in codes of ethics and opinions about them expressed by legal professionals. The research problem was determined as follows: To what extent are advocates and legal counsels aware of the opportunities – consistent with the legislation in force – for their use of respective marketing communication forms and how do they perceive activity aimed at soliciting clients and creating an image of a law firm in their minds? The research conducted was qualitative in nature, with the method employed being an individual in-depth interview, which was also a semi-structured interview. The group of respondents was comprised of nine advocates and legal counsels. The research was limited to Poland, and its results provide significant findings and conclusions about lawyers’ perception of promotional activities, the assessment of whether they are ethical and determinants for effectiveness. The research results have practical implications. They can be used not only by advertising agencies providing their services to law firms, but also by advocates and legal counsels engaged in promotional activities on their own.
creator: Marcin Merkwa
creator: Marcin Gębarowski
creator: Joanna Wiażewicz
rights: Copyright (c) 2025 Marcin Merkwa, Marcin Gębarowski, Joanna Wiażewicz http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2025-09-25
publication date: 2025-09-25
volume: 34
number: 2
starting page: 113
ending page: 131
doi: 10.17951/sil.2025.34.2.113-131

Lawyers’ Personality and Its Implications for Conflict Resolution and Mediation: Empirical Research of the MBTI Inventory Test among Law Students
type: item
description: The paper examines the personality type predispositions of law students, as indicated by the MBTI test results. Discussion reflects on their potential implications for practice of law when it comes to conflict resolution strategies, including the use of mediation. Drawing on American studies, the authors refer to the compatibility hypothesis, which states that personality type is correlated with occupational preferences, and attempt to test thesefindings in the Polish context. On the basis of empirical data concerning law students at the University of Warsaw, as well as results coming from other research, they discuss whether certain personality types are particularly predestinating for undertaking law studies and whether this differs in different countries, taking also into account the gender dimension. The discussion further reflects on how lawyers’ personality type may impact their approach to conflict and conflict resolution strategies. The analysis also refers to implications of personality types on practice of law, where lawyers can be either in the role of mediator or represent the parties. In this respect the paper links theory, research and practice in the field of dispute resolution and handling conflict.
creator: Anna Cybulko
creator: Ewa Gmurzyńska
creator: Aleksandra Winiarska
rights: Copyright (c) 2025 Anna Cybulko, Ewa Gmurzyńska, Aleksandra Winiarska http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2025-09-25
publication date: 2025-09-25
volume: 34
number: 2
starting page: 133
ending page: 159
doi: 10.17951/sil.2025.34.2.133-159

Constituent Instruments of the Contemporary Intergovernmental Organizations
type: item
description: The research on the law of intergovernmental organizations is closely related to the research on the fundamental institutions of contemporary international law. The subject matter of this article, i.e. the legal bases for establishing and functioning of intergovernmental organizations, is a good example of the type of research being conducted in this area and is closely connected with the concept of subjectivity in international law and the law of treaties. There is no doubt that international agreements are the predominant constituent instruments of contemporary international organizations. However, this classic approach undergoes changes in legal practice. Constituent instruments other than treaties have been used more frequently, and they elevate the newly created international organization to the status of a new subject of international law. The article discusses this legal practice, which marks the beginning of a new stage in the evolution of international organizations and the law of international organizations.
creator: Andrzej Gadkowski
rights: Copyright (c) 2025 Andrzej Gadkowski http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2025-09-25
publication date: 2025-09-25
volume: 34
number: 2
starting page: 161
ending page: 175
doi: 10.17951/sil.2025.34.2.161-175

Emperor Hadrian and Addicted Soldiers? Notes in the Margin of D. 49.16.6.7
type: item
description: The Digest of Justinian preserve an enigmatic decision by Emperor Hadrian pertaining to a specific incident of violation of military discipline. The emperor spoke in the case of soldiers who made a failed suicide attempt. Those who had a valid reason that pushed them to take this desperate step, he ordered to be dismissed from service in disgrace. The others faced death. A surprising solution was provided for would-be suicides who decided to take their own lives per vinum aut lasciviam. The ruler ordered these to be spared. The only consequence was their transfer to inferior service. Juxtaposing Hadrian’s resolution with contemporary psychological and psychiatric knowledge allows us to hypothesize that the emperor’s rescript refers to people who broke the rules of military discipline due to some form of addiction.
creator: Maciej Jońca
rights: Copyright (c) 2025 Maciej Jońca http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2025-09-25
publication date: 2025-09-25
volume: 34
number: 2
starting page: 177
ending page: 191
doi: 10.17951/sil.2025.34.2.177-191

Legal Protection of the Productive Capacity of Soils – Selected Issues
type: item
description: The subject of the article is the legal aspects of protecting the productive capacity of soils. The study is of a scientific and research nature. The author starts from the statement that soils perform, in particular, environmental, economic, social and cultural functions, while for the protection of the characteristics that determine the possibility of using soils in food production, production functions, combined with the production function of agriculture, are important. Thus, the purpose of the analysis is to determine whether current Polish legislation sufficiently takes into account the need to protect the productive capacity of soils, understood as the possibility of sustainable use of these resources for food production. Consideration of this issue leads to the conclusion that the current legislation does not sufficiently take into account the need to protect the productive functions of soils, while a certain degree of protection is assumed by draft EU legislation on, among other things, soil monitoring granting Member States a significant role in tracking, assessing and managing the condition of soils.
creator: Katarzyna Leśkiewicz
rights: Copyright (c) 2025 Katarzyna Leśkiewicz http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2025-09-25
publication date: 2025-09-25
volume: 34
number: 2
starting page: 193
ending page: 211
doi: 10.17951/sil.2025.34.2.193-211

Climate Change Litigation: Receptiveness of Polish Constitutional Order
type: item
description: The article examines the evolving role of climate change litigation (CCL) in addressing the global climate crisis, with particular emphasis on its relevance within the context of Polish constitutional norms. Climate change litigation is increasingly recognized as a strategic tool (SCCL – Strategic Climate Change Litigation) for driving systemic changes in environmental governance, as it uses legal frameworks to formulate climate responsibility. The study is divided into three sections. The first examines the global development and historical trajectory of climate change litigation, highlighting landmark rulings and the integration of human rights arguments related to so-called climate rights. The second explores the transnational significance of SCCL, emphasizing its influence on broader environmental governance frameworks. The third assesses the potential for the reception of (S)CCL mechanisms within the Polish constitutional order, analyzing relevant constitutional norms and the potential for judicial engagement in climate governance. Using an interdisciplinary, comparative legal approach, this study contributes to the ongoing discourse on environmental constitutionalism, the role of courts in global climate governance, and the intersection of national legal systems with international environmental standards. The authors provide insights into the theoretical, normative and practical implications of strategic climate litigation, particularly in the Polish context. The article aims to deepen understanding of its potential impact on the use of national constitutional frameworks.
creator: Katarzyna Mojska
creator: Wojciech Mojski
rights: Copyright (c) 2025 Katarzyna Mojska, Wojciech Mojski http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2025-09-25
publication date: 2025-09-25
volume: 34
number: 2
starting page: 213
ending page: 228
doi: 10.17951/sil.2025.34.2.213-228

Criminal Liability for the Crime of So-called Forced Disappearance in the Ukrainian Criminal Law (Article 146-1 of the Criminal Code of Ukraine)
type: item
description: In the article, the authors analyzed the statutory elements of a relatively new type of crime in Ukrainian criminal law, namely the so-called enforced disappearance (Article 146-1 of the Criminal Code of Ukraine). The need to criminalize such an act resulted from Ukraine’s accession on 17 June 2015 to the Convention for the Protection of All Persons from Enforced Disappearance (adopted in New York on 20 December 2006). Until then, the lack of appropriate regulation of the legal status of missing persons was a gap in Ukrainian legislation, and the need to eliminate it became particularly urgent in connection with the armed conflict in the Autonomous Republic of Crimea and eastern Ukraine. Immediately after the introduction of Article 146-1 to the Criminal Code of Ukraine, its application in practice did not become widespread (69 cases in 2020), and only after the full invasion of Ukraine by the Russian Federation did the number of identified crimes with this qualification increase (1,120 in 2022). The authors also point to other legal qualifications (than that under Article 146-1 of the Criminal Code of Ukraine) that are used in the conditions of hostilities taking place in the territory of Ukraine in cases of enforced disappearances (Article 115 the Criminal Code of Ukraine “Intentional homicide”, Article 146 the Criminal Code of Ukraine “Illegal deprivation of liberty or abduction of a person”, Article 147 the Criminal Code of Ukraine “Hostage-taking”, Article 438 the Criminal Code of Ukraine “Violation of the laws and customs of war”). Due to the fact that Poland has ratified the Convention for the Protection of All Persons from Enforced Disappearance, the problem arises how to appropriately complement the Polish Criminal Code with a new type of crime, for which an analysis of the solutions adopted in Ukraine may be helpful.
creator: Marta Mozgawa-Saj
creator: Mariana Shupiana
rights: Copyright (c) 2025 Marta Mozgawa-Saj, Mariana Shupiana http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2025-09-25
publication date: 2025-09-25
volume: 34
number: 2
starting page: 229
ending page: 248
doi: 10.17951/sil.2025.34.2.229-248

Practice of Questioning Minor Witnesses in Criminal Proceedings in Light of Survey Studies
type: item
description: A minor may be questioned in a criminal trial as a witness. This issue does not currently raise doubts, and the admissibility of these questioning stems from, among other things, the provisions of the Criminal Procedure Code, as well as from judicial decisions and views presented in the scholarly literature. The questioning of a minor is carried out, depending on the circumstances of the case and the age of the witness, in the ordinary mode or the protective mode. However, in any case, regardless of the mode of questioning, the procedural authority is obliged to ensure that this procedural act is carried out in a way that protects the child from secondary victimisation and allows child’s rights to be exercised. In order to examine whether these standards are complied with, as well as to determine how this procedural act is carried out in practice, a survey was conducted among judges adjudicating in Polish common courts, from 5 to 30 April 2022. This article presents the survey results and their evaluation. The paper takes into account the changes introduced by the Act of 13 January 2023 amending the Act – Civil Procedure Code and certain other acts.
creator: Katarzyna Osiak-Krynicka
rights: Copyright (c) 2025 Katarzyna Osiak-Krynicka http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2025-09-25
publication date: 2025-09-25
volume: 34
number: 2
starting page: 249
ending page: 276
doi: 10.17951/sil.2025.34.2.249-276

The Hungarian Civil Service in the Context of International Trends
type: item
description: The article focuses on the Hungarian civil service. The aim of the research is to examine how Hungarian public service law, which has undergone continuous change over the last three decades, is adapted to international trends, especially those observed in Europe, including phenomena such as contracting, fragmentation and decentralisation. The hypothesis is that the Hungarian civil service adheres to international trends, while simultaneously exhibiting a distinctive approach to civil service employment. The study draws on a range of relevant primary and secondary sources, including legislation, explanatory memoranda, decisions of the Hungarian Constitutional Court, and Hungarian and international legal literature. The novelty of the analysis is that it attempts to identify the specific characteristics of contemporary Hungarian civil service law. Today, the Hungarian civil service has moved away from the traditional, closed civil service model. Its distinctive characteristics include the centralisation that has resulted from the concept of a “strong state”, the existence of “competing” legislative visions of the civil servant, the erosion of career stability and the devaluation of the concept of career. The author argues that in the Hungarian civil service, there is a need for a stronger emphasis on career values, relative stability and predictability, as well as limiting employer discretion.
creator: Zoltán Petrovics
rights: Copyright (c) 2025 Zoltán Petrovics http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2025-09-25
publication date: 2025-09-25
volume: 34
number: 2
starting page: 277
ending page: 294
doi: 10.17951/sil.2025.34.2.277-294

Wealth Tax as a Tool to Increase Tax Revenues in Polycrisis Times
type: item
description: During the recent crises (specifically the COVID-19 pandemic and the Russian aggression in Ukraine connected with the increase in energy prices), European governments amended many tax law norms to increase public budgets’ revenues and to support business and national economies. Not many of these amendments were related to property taxes. The paper aims to confirm or disprove the hypothesis that the wealth tax could be one of the solutions in the mix of tax amendments in polycrisis times in the Czech Republic. To achieve this aim, it is necessary to introduce and analyse fundamental changes in the area of tax law regulation, focusing on property taxation. The article also analyses individual structural components of wealth taxes collected in European countries. The acquired knowledge allows us to decide whether the wealth tax might be an appropriate tax tool in times of polycrisis and possibly to construct an adequate construction of the wealth tax for the Czech Republic and other countries with similar economic development.
creator: Michal Radvan
creator: Taisiia Chepys
rights: Copyright (c) 2025 Michal Radvan, Taisiia Chepys http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2025-09-25
publication date: 2025-09-25
volume: 34
number: 2
starting page: 295
ending page: 308
doi: 10.17951/sil.2025.34.2.295-308

The Legal Status of the Apostolic Nuncio in Poland
type: item
description: The apostolic nuncio is the diplomatic representative of the Holy See. He carries out his mission simultaneously vis-à-vis the state and the particular Churches on the territory of that state. The legal status of the Apostolic Nuncio in Poland derives from the provisions of canon law, international law, as well as customary law, i.e. in particular the Vienna Convention on Diplomatic Relations, the Code of Canon Law and the Concordat between the Holy See and the Republic of Poland. Therefore, the aim of this paper is to answer the following question: To what extent do the provisions of canon law, state law and international law apply to the Apostolic Nuncio in Poland with reference to specific issues, such as the appointment and dismissal of the apostolic nuncio, his competences, as well as his performance of the function of the dean of the diplomatic corps?
creator: Agnieszka Romanko
rights: Copyright (c) 2025 Agnieszka Romanko http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2025-09-25
publication date: 2025-09-25
volume: 34
number: 2
starting page: 309
ending page: 320
doi: 10.17951/sil.2025.34.2.309-320

Comparative Legal Frameworks for Protecting Elderly People from Cyberfraud
type: item
description: Recent years have seen a dramatic increase in cybercrime targeting seniors. In countries like Poland, specific scam methods such as the “grandson” or “policeman” trick and phishing attacks have become prevalent, often resulting in the loss of life savings. Despite the growing scale of the problem, criminology faces challenges in accurately measuring the extent of internet fraud. The internet’s reach and anonymity facilitate these crimes, making detection and prevention more difficult than with traditional methods. This raises critical questions about the adequacy of current legal protections for the elderly and whether criminal law should address the exploitation of their gullibility or ignorance. By examining legal definitions, perpetrators’ modus operandi, and comparative international solutions, the study aims to assess whether existing frameworks sufficiently safeguard seniors and to explore the potential for harmonized cross-border legal measures to better protect this increasingly targeted demographic.
creator: Maciej Siwicki
rights: Copyright (c) 2025 Maciej Siwicki http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2025-09-25
publication date: 2025-09-25
volume: 34
number: 2
starting page: 321
ending page: 341
doi: 10.17951/sil.2025.34.2.321-341

Valuation of Mortgaged Real Estate in the Proceedings for the Division of Community Property of Spouses – Remarks De Lege Lata
type: item
description: The problem of determining the value of mortgaged real estate in proceedings for the division of community property of spouses has repeatedly been the subject of analysis by civil law scholars. Over the years, two opposing views have formed in the case law of the Supreme Court as to how to determine the value of mortgaged real estate. The first to emerge and consolidate was the view that encumbrances on real estate, including mortgages securing loans granted to the spouses during the time of holding their community property, are assumed to reduce the value of the real estate. The court, therefore, in determining the value of this item within the community property, takes into account the amount of the debt unpaid (by the date of the decision on property division) by the spouses and, in awarding the property to one of them, reduces the additional payment or repayment to the other accordingly. According to the second view, currently dominant, the court, when establishing the value of real estate constituting a community property of spouses, encumbered with a mortgage securing a loan granted to the spouses, takes into account only its market value, disregarding the encumbrance. It appears, however, that each of the presented methods of determining the value of the mortgaged real estate in the proceedings for the division of community property of the spouses may entail the risk of harming interests of one of the spouses. Thus, in spite of abundant case law and numerous contributions from scholars in the field, this problem is still relevant under the current legislation and requires consideration of legislative change in this area.
creator: Agnieszka Szczekala
rights: Copyright (c) 2025 Agnieszka Szczekala http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2025-09-25
publication date: 2025-09-25
volume: 34
number: 2
starting page: 343
ending page: 356
doi: 10.17951/sil.2025.34.2.343-356

The Imperative of Administrative Efficacy vs the Stability of Procedural Guarantees for Parties: Selected Issues in the Context of Applying General Principles
type: item
description: The article analyses the fundamental dilemma of contemporary administrative proceedings, in which the pursuit of greater efficacy of public administration bodies conflicts with the obligation to maintain the stability of procedural guarantees for the parties. The study focuses on the practice of applying selected general principles of the Administrative Procedure Code in the context of the ongoing digitisation of public administration. The authors adopt a praxeological understanding of efficacy, distinguishing it from the narrower concept of efficiency, which is justified by the constitutional approach to the functioning of public institutions. Particular attention is paid to the analysis of the relationship between the principle of promptness and simplicity of proceedings and other general principles, such as the principle of objective truth, active participation of the parties, and cooperation between authorities. The introduction of Article 14 § 1b of the Administrative Procedure Code, concerning the automation of case handling, is critically assessed, pointing to the risk of overinterpreting the provision in the direction of full automation of administrative decisions. The analysis shows that maintaining a balance between efficacy and procedural security requires the development of a new homeostasis that takes into account not only the directive of promptness but also the stability of procedural guarantees in an environment of digital procedural security and coherence between other principles of administrative proceedings.
creator: Arkadiusz Bereza
creator: Marzena Świstak
rights: Copyright (c) 2025 Arkadiusz Bereza, Marzena Świstak http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2025-10-05
publication date: 2025-10-05
volume: 34
number: 2
starting page: 357
ending page: 373
doi: 10.17951/sil.2025.34.2.357-373

Human Right to Work and Humanlike AI at Work: Technological Unemployment as a Legal and Ethical Issue
type: item
description: The article considers various scenarios that are materializing following the emergence of a humanlike AI. In particular, the author argues that technological unemployment (and involuntary unemployment in general) should not be seen only as a technical issue belonging to economic discourse. Technological unemployment should also be seen as an ethical and legal issue, as a theory that entrusts the allocation of resources and jobs to the law of supply and demand alone is clearly in contrast with the Universal Declaration of Human Rights and various constitutional charts and ordinary laws. These pieces of legislation establish that work is not just an opportunity to be seized by competent people, but a fundamental human right.
creator: Riccardo Campa
rights: Copyright (c) 2025 Riccardo Campa http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2025-10-06
publication date: 2025-10-06
volume: 34
number: 2
starting page: 375
ending page: 394
doi: 10.17951/sil.2025.34.2.375-394

The Role of Attorney at Law in Ensuring Compliance of Personal Data Processing with the Data Protection Law
type: item
description: The article analyses the role of attorney at law in ensuring compliance of personal data processing with EU and national data protection law. The author points out the growing complexity of data protection regulations, particularly arising from the new legal acts, and highlights the challenges faced by attorneys at law in practice. The analysis emphasises that effective legal assistance provided by attorney at law remains crucial for many controllers and processors to be able to comply with their legal obligations. The study identifies typical areas related to the requirements set out in the GDPR where an attorney at law can provide support to controllers and processors. The analysis also covers the question of whether an attorney at law can perform the function of a data protection officer. The author underscores the importance of legislative developments and the need to engage and improve the qualifications of legal professionals to effectively meet new legal requirements in the data protection.
creator: Paweł Fajgielski
rights: Copyright (c) 2025 Paweł Fajgielski http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2025-10-05
publication date: 2025-10-05
volume: 34
number: 2
starting page: 395
ending page: 406
doi: 10.17951/sil.2025.34.2.395-406

The Role of Artificial Intelligence in the Regulation of Financial Liabilities in International Law
type: item
description: The regulation of financial liabilities in international law presents significant challenges due to the complexity and interconnectedness of global financial transactions. In this context, the emergence of artificial intelligence (AI) offers transformative potential to enhance regulatory mechanisms and mitigate financial risks. The article explores the role of AI in regulating financial liabilities across borders, highlighting its impact on risk identification, compliance, etc. By leveraging advanced algorithms and data analytics capabilities, AI systems enable real-time monitoring of financial transactions, enhance due diligence processes, and facilitate proactive risk management. However, the deployment of AI in financial regulation raises ethical considerations regarding data privacy, algorithmic bias, and accountability. International collaboration and standardization efforts are crucial for fostering regulatory convergence and ensuring a level playing field in the global financial landscape. By embracing AI responsibly, stakeholders can pave the way for a more resilient and equitable international financial system.
creator: Ilham Huseynov
rights: Copyright (c) 2025 Ilham Huseynov http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2025-10-06
publication date: 2025-10-06
volume: 34
number: 2
starting page: 407
ending page: 417
doi: 10.17951/sil.2025.34.2.407-417

The Possibility of Using Artificial Intelligence in the Process of Composite Sketching
type: item
description: The article aims to present the latest technological achievements in the context of the possibility of their use in supporting detection activities carried out by law enforcement authorities. The dynamic development of exact sciences, including computer science, is one of the determinants of the pace and direction of development of forensic science. It has a direct impact, i.a., on the rules of making a composite sketch of an unknown perpetrator of the crime, an art known since ancient times. Through a review of the recent literature, the author aims to present the possibilities of using artificial intelligence (AI) in the process of creating a visual representation of the body, and in particular the appearance of the face, of an unknown perpetrator. Moreover, the article attempts to precisely determine the legal nature of the act of making a composite sketch.
creator: Karol Kagan
rights: Copyright (c) 2025 Karol Kagan http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2025-08-01
publication date: 2025-08-01
volume: 34
number: 2
starting page: 419
ending page: 439
doi: 10.17951/sil.2025.34.2.419-439

Alignment Problem as Cultural and Legal Challenge: Artificial Intelligence, Interpretability, and Searching for Sense
type: item
description: The article examines the AI alignment problem as a fundamental challenge of cross-cultural communication between human interpretive frameworks and algorithmic optimization. The author argues that effective AI alignment requires integrating cultural sense-making practices and legal frameworks that vary across societies. The analysis reveals how current regulatory attempts, including the EU AI Act and national AI strategies, struggle with three interconnected challenges: ensuring the interpretability of algorithmic decisions, managing the indeterminism inherent in AI systems, and addressing knowledge extraction controversies. Through examination of emerging AI agents, Big Tech’s regulatory capture, and the rise of AI nationalism, the study demonstrates that alignment failures stem not from technical limitations alone, but from inadequate engagement with diverse cultural logics of interpretation. The author proposes frameworks that adapt AI systems to varied contexts while maintaining core functionality and concludes that solving alignment requires computational cultural modelling capable of navigating value pluralism. The analysis warns that without integrating technical safety mechanisms with cultural frameworks of societies, AI systems risk becoming tools of extraction and control rather than beneficial partners for societies.
creator: Karol Kasprowicz
rights: Copyright (c) 2025 Karol Kasprowicz http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2025-10-05
publication date: 2025-10-05
volume: 34
number: 2
starting page: 441
ending page: 479
doi: 10.17951/sil.2025.34.2.441-479

Access to Case Records During Criminal Investigation Proceedings: A Contribution to the Debate Concerning the Deformalisation of Criminal Procedure
type: item
description: Proper knowledge of the content of criminal investigation proceedings files is crucial for the correct implementation of the rights and obligations of the parties to criminal proceedings, and above all allows for the elaboration of an appropriate defence scheme for the suspect or already charged person. Therefore, ease of access to case files at every stage of the proceedings plays a crucial role. Access to the case files is linked to the guiding principles of criminal procedure in the Polish legal system. The purpose of this article is an analysis of access to case files within criminal investigation proceedings in the context of demands for the deformalisation of criminal procedure. The author presents current legal requirements and case law, drawing attention to their practical consequences for the parties to the proceedings, especially the suspect or charged person and his defence attorney. The article also attempts to answer the question whether broader and more automated access to the content of criminal investigation proceedings files at every stage of the proceedings can contribute to improving the adversarial process and transparency of criminal investigation. The analysis leads to the conclusion that electronic access to the content of criminal investigation proceedings files at the stage of court proceedings facilitates to a significant extent the parties in exercising their rights and also improves the work of court administration employees.
creator: Maciej Stodółkiewicz
rights: Copyright (c) 2025 Maciej Stodółkiewicz http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2025-10-05
publication date: 2025-10-05
volume: 34
number: 2
starting page: 481
ending page: 497
doi: 10.17951/sil.2025.34.2.481-497

Electronic Writ Proceedings – from Order to Judicial Enforcement
type: item
description: The topic of the article is electronic writ proceedings, which are one of the separate proceedings in the Polish civil procedure. The paper presents and discusses electronic writ of payment proceedings and enforcement proceedings conducted on the basis of an electronic enforceable title. The authors diagnosed and discussed the main problems related to electronic writ proceedings and enforcement proceedings conducted on the basis of an electronic title, and presented proposals for solving them. In their research, the authors used statistical data on electronic writ proceedings and data on enforcement proceedings conducted on the basis of an electronic enforceable title.
creator: Piotr Szczekocki
creator: Jarosław Kowalski
rights: Copyright (c) 2025 Piotr Szczekocki, Jarosław Kowalski http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2025-10-05
publication date: 2025-10-05
volume: 34
number: 2
starting page: 499
ending page: 516
doi: 10.17951/sil.2025.34.2.499-516

Registration of Business Activity by Natural Persons in the CEIDG System (Central Register and Information on Economic Activity): Proposals of Changes
type: item
description: This article is of a scientific and research nature. The subject of the research is the registration of business activity by natural persons in the CEIDG system (Central Register and Information on Economic Activity). As a result of the analysis of the system, significant inefficiencies were identified, causing significant negative effects for individuals registering, including lack of transparency of the registration process, which could lead to potential legal sanctions for these individuals. In addition, the analysis found insufficient integration of the CEIDG system with the systems of state institutions, the lack of a single “electronic place” with complete and comprehensive information about civil law partnerships, and the foreseeable congestion of the system during periods of increased traffic. The article points to specific modifications to the system in question that could improve the functionality of CEIDG. The paper is of cognitive value for science, in particular for the practical functioning of this area of reality.
creator: Zbigniew Władek
rights: Copyright (c) 2025 Zbigniew Władek http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2025-10-05
publication date: 2025-10-05
volume: 34
number: 2
starting page: 517
ending page: 527
doi: 10.17951/sil.2025.34.2.517-527