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Sztuczna inteligencja w arbitrażu – AI w roli arbitra?

Author(s): Beata Więzowska-Czepiel / Language(s): Polish Issue: 2/2020

The article is the first one in a series of two studies analyzing the use of artificial intelligence in the arbitral decision-making process in the light of applicable legal regulations. It deals with the controversial issue of replacement of human by artificial intelligence. This issue will be analysed from a perspective of Polish legal order, included in international conventions in force in Poland and in the Code of Civil Procedure, juxstaposed with solutions functioning in selected countries.

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Procedura nadania stopnia Pierwszego Marszałka Polski lub Marszałka Polski w XX wieku

Author(s): Adam Bojarski / Language(s): Polish Issue: 1/2021

In the history of Polish Army in the 20th century only six persons received a marshal’s rank. The purpose of the article is the analysis of the legal provisions of the proceedings of granting the rank of First Marshal of Poland to Józef Piłsudski and the ranks of Marshal of Poland to Ferdinand Foch, Edward Śmigły-Rydz, Michał Żymierski, Konstanty Rokossowski and Marian Spychalski from the point of view of their compliance with the regulations in force at that time. The author’s findings show that only Edward Śmigły-Rydz and Marian Spychalski received the military ranks of the Marshal of Poland in accordance with the legal regulations.

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Main currents in views on the reorganisation of the apparatus of executive power in the eighteenth-century Polish-Lithuanian Commonwealth

Author(s): Jerzy Malec / Language(s): English Issue: 1/2021

In the eighteenth century, and particularly in its second half, concepts of rebuilding the state administration began to emerge in Poland, the basic structure of which dates back to the times of the estate monarchy and did not meet the needs of the modern state of the Age of Enlightenment, and at the same time differed substantially from the solutions functioning in the absolute monarchies neighbouring Poland, where it was based at that time on the principles of centralism and bureaucracy. Meanwhile, in the Republic of Nobles, all offices were filled for life, without any particular emphasis on the professionalism of the candidates. In the first half of the eighteenth century, along with penetration of the idea of the Enlightenment into Poland, the seeds of modern concepts emerged, postulating a complete reform of the system of the Commonwealth. The reform programme contained in the works of the precursors of the Polish Enlightenment covered a wide range of problems, postulating the reorganization and healing of the entire apparatus of state power, sometimes also touching upon social issues. The political writing of that time, when discussing the basics of the functioning of the administration, usually emphasized the primacy of the law passed by the Sejm over executive activity. The influence of Polish political writing on the reform of the administration seems indisputable. The structure of the central authorities clearly referred to the concepts of the political thought of the time, constantly evolving towards modern forms of internal administration of the state, at the same time drawing on the achievements of European cameralist and police thought.

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The Perception of the Constitution of 3 May 1791 in the Contemporaneous American Press

Author(s): Ewa Wiśniewska / Language(s): English Issue: 1/2021

The paper investigates the ways the American press of the times portrayed the Constitution of 3 May 1791. The Governance Act was valid from the date it was issued, May 3, 1791, until June 17, 1793, when the last Sejm, the one which acknowledged the second partition of Poland, was held. Despite the great distance and the limitations imposed by the technological possibilities of the times, the topic was nonetheless widely commented on at the time and positively received. It was much appreciated and enthusiastically welcomed in American press, which understood the Constitution as a natural continuation of the process of democratization. However, the articles depicting the document were rather general and far-fetched in their optimism towards introducing democracy, accusing the Constitution of causing social and political changes in Europe. Analyzing press articles, one may jump into hasty conclusion that the king, Stanislaw August Poniatowski, was a reformer whose main goal was to make all his subjects equal, which was not necessarily true. The Constitution was not thoroughly translated, which simplified and idealized its meaning.

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The Trump Presidency, Federal Judges, and American Law

Author(s): Christopher Wolfe / Language(s): English Issue: 1/2021

President Donald Trump’s appointments to the US federal judiciary were a major accomplishment of his presidency (in particular, his three Supreme Court appointments). They are likely to have a significant impact on American political and legal life for a long time to come. The appointments have been criticized by some, on ideological grounds, but they represent a significant and beneficial return to the original understanding in American constitutionalism of the proper role of judges and judicial review.

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Comparative Arguments in the Legal Debate Over Judiciary Reform in Poland

Author(s): Rett R. Ludwikowski,Izabela Kraśnicka / Language(s): English Issue: 2/2021

The judiciary reform in Poland started in 2015 with the replacement of judges in the Polish Constitutional Tribunal, the court responsible for the judicial review. It continued with amendments of laws addressed to judges and functioning of the Polish Supreme Court. Controversies over the reform reached the international level and triggered reactions from the European institutions and resulted in judgments of the Court of Justice. The article deals with comparative arguments (examples from the United States, Austria, France or Germany) concerning the extensive judiciary reform that have been presented by its authors throughout the debates and as response to criticism.

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Przestępstwa z użyciem przemocy w świetle regestru złoczyńców grodu sanockiego w latach 1562–1615

Author(s): Wacław Rosa / Language(s): Polish Issue: 1/2022

The publication presents the criminal activity of perpetrators committing violent crimes in the Sanok region at the end of the 16th and the beginning of the 17th century. It shows the specificity of the criminal judiciary at that time, as well as presents social and geographic factors influencing the shaping of the criminal world. It also discusses the typology of the above-mentioned criminal acts and shows the social structure of the crimes perpetrators at that time. It also shows the specificity of the criminal world in the form of more numerous criminal associations operating in the studied area than in other parts of the country.

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Wolność zgromadzeń w Polsce w początkowym okresie pandemii COVID-19

Author(s): Adrian Woźniak / Language(s): Polish Issue: 1/2023

The beginning of the article deals with three issues: the definition of freedom of assembly, the meaning of this freedom and the question whether the Constitution of the Republic of Poland of April 2, 1997 allows for the restriction of two freedoms that make up this freedom. The main part of the article contains an analysis of the provisions of the regulations of the Minister of Health from the initial period of the COVID-19 pandemic in Poland, which significantly limited the freedom of assembly. It was made in the context of such legal acts as the Constitution of the Republic of Poland, the Act – Law on Assemblies and the Act on preventing and combating infections and infectious diseases in humans. The regulations in question were also compared with the regulations from the period when neither the state of epidemic emergency nor the state of epidemic was in force in the Republic of Poland. The article ends with an assessment of the provisions of the covid regulations from the beginning of the pandemic, which mentioned the freedom of assembly, and put forward postulates for the future.

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Yakuza czy hangure? Przyszłość przestępczości zorganizowanej w Japonii

Author(s): Bogdan Barczak / Language(s): Polish Issue: 1/2023

Despite the numerous threats of natural disasters, it was organized crime that raised the most concerns about the stability and functioning of the Japanese state and the security of its citizens. An indigenous variety of organized crime, the yakuza, developed in Japan. As a result of the process of fighting the yakuza groups, they were significantly reduced in number and deprived of their sources of income. However, effective measures against the yakuza had the side effect of giving rise to new organized crime groups, much more dangerous to public order, known as hangure, which began to take a place of the liquidated yakuza. The article attempts to answer the question: will the yakuza completely disappear from public space and its place be taken by hangure groups, and what impact will this have on the level of internal security in Japan.

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Naruszenie obowiązku informacyjnego w reklamach kredytu konsumenckiego

Author(s): Anna Świętek / Language(s): Polish Issue: 2/2023

The purpose of the article is to analyze the most common violations of information requirements in consumer credit advertisements and to identify the reasons for repeated actions. The analysis draws on the previous actions and case law of the President of the OCCP, as well as the post-inspection reports prepared by him on combating irregularities appearing in consumer credit advertisements, in which he found the practices used to be inappropriate and in violation of the collective interests of consumers.

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Systemy wykonania kary pozbawienia wolności a powrót do przestępstwa w zarysie prawnym i psychologicznym

Author(s): Angelika Maruszewska / Language(s): Polish Issue: 2/2023

The penalty of imprisonment is to contain a full ailment expressing condemnation for the committed prohibited acts. The Executive Penal Code indicates that the purpose of imprisonment is to “arouse in the convict the will to cooperate in shaping his socially desirable attitudes, in particular the sense of responsibility and the need to comply with the legal order and thus refrain from returning to crime”, and thus – preventing recidivism. The main task is to prepare the convict for life in freedom, shaping his responsibility for his actions, as well as the will to cooperate for his social readaptation. In view of the above, the legislator introduced the institution of three punishment enforcement systems into the Executive Penal Code and thus gave a high degree to the issue of interactions undertaken during the execution of a penalty of imprisonment, additionally emphasizing it in the name given to each system. This study uses the analysis of the resulting statistical data from own research and literature on the subject in the scope of discussing the systems of execution of the penalty of imprisonment and their impact on recidivism. What causes convicts to return to crime after serving a sentence of imprisonment? Will a well-chosen system of serving a prison sentence really prevent the risk of recidivism?

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Political deepfake. Remarks de lege lata and postulates de lege ferenda

Author(s): Agata Ziobroń / Language(s): English Issue: 1/2024

In the paper the phenomenon of political deepfake was discussed, constituting the type of political deepfake deriving from original deepfake classification regarding to the aim. It was concluded, that currently functioning measures may be insufficient. The proposition of new potential type of illicit act was formulated, differentiating socially harmful deepfake from artistic deepfake.

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Skutek standardów Codex Alimentarius w krajowych porządkach prawnych w kontekście członkostwa w Unii Europejskiej na przykładzie Polski i Słowacji

Author(s): Tomasz Srogosz / Language(s): Polish Issue: 1/2024

Food safety, i.e. the quality of food products related to health protection, is no longer exclusively the domain of national law. After the establishment of the WTO, it can be said that it belongs to the area of international cooperation, which can be called global food safety management. The central place here is occupied by the joint body of FAO and WHO – the Codex Alimentarius Commission. Its standards are not soft law in the WTO regime because they were “hardened” in a framework of the agreement on the application of sanitary and phytosanitary measures. Taking this into account, it is worth considering the place of these standards in national legal systems. For this purpose, this article uses a comparison of Polish and Slovak regulations in the context of EU membership and, therefore, the EU food law. The conclusions stated that both Poland and Slovakia are obliged to incorporate Codex Alimentarius standards, which was forgotten by the national institutions of these countries. These standards are properly implemented within EU instruments, but this does not exempt countries from an appropriate approach to Codex Alimentarius, taking into account the existence of the Code. However, this is a problem both in the information and educational spheres.

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Ustrój sądownictwa konstytucyjnego w państwach autorytarnych. Analiza porównawcza przypadku republik Azji Środkowej

Author(s): Rafal Czachor / Language(s): Polish Issue: 1/2024

The following paper attempts to discuss the specific features of the Constitutional Courts in Central Asian countries: Kazakhstan, Kyrgyzstan, Tajikistan, and Uzbekistan. The aim of the paper is to discuss their compliance or non-compliance with the Kelsenian model, widespread in European countries. The study asserts that the model of the Constitutional Courts in the abovementioned nations does not differ significantly from the Western European model. This is an important conclusion since the Central Asian countries are permanently classified as non-democratic. Thus, this raises a question about the sense of the existence of the Constitutional Courts in countries that do not respect the principle of the democratic rule of law. The answer to this question goes beyond the scope of the following study, but the indisputableThe following paper attempts to discuss the specific features of the Constitutional Courts in Central Asian countries: Kazakhstan, Kyrgyzstan, Tajikistan, and Uzbekistan. The aim of the paper is to discuss their compliance or non-compliance with the Kelsenian model, widespread in European countries. The study asserts that the model of the Constitutional Courts in the abovementioned nations does not differ significantly from the Western European model. This is an important conclusion since the Central Asian countries are permanently classified as non-democratic. Thus, this raises a question about the sense of the existence of the Constitutional Courts in countries that do not respect the principle of the democratic rule of law. The answer to this question goes beyond the scope of the following study, but the indisputable conclusion of this article is that authoritarian states pay much attention to the normative aspect of the functioning of regimes and ensure the existence of façade institutions typical of democratic states.

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O istocie zasady przedstawicielstwa oraz wybranych aspektach gwarancji w sprawowaniu mandatu parlamentarnego

Author(s): Joanna Uliasz / Language(s): Polish Issue: 1/2024

The starting point for the discussion in this article is the principle of parliamentary representation, a cornerstone for any democratic society. This principle holds a key constitutional status within Polish law. To uphold and actualize this principle, the structure of the parliamentary mandate and the mechanisms designed to protect it are of utmost importance. Immunity protection offers members of parliament the freedom to execute their duties without interference. A limited set of criteria for the revocation of a parliamentary mandate ensures the integrity of the mandate to represent voters, acquired through the electoral process. This approach also safeguards against the arbitrary removal of a representative’s formal legitimacy to act on behalf of the nation. The central thesis of this article is that any unlawful termination of a parliamentary mandate through a flawed process constitutes a direct assault on the very foundation of democracy: the nation’s right to freely elect its representatives.

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Legal Framework for digital therapeutics (DTx) in the European Union

Author(s): Kätlin Joala,Tanel Kerikmäe,Ondrej Hamuľák,Hovsep Kocharyan / Language(s): English Issue: 2/2023

This paper examines the origins and limitations of EU medical device law. The main questions asked are whether EU medical device law defines the concept of medical purpose for software, whether the concept of medical purpose is understood as a medical service defined by national law, and whether it requires the involvement of medical professionals as users. Particular attention is paid to the aspect of Recital 8 of the Regulation (EU) 2017/745 on medical devices (MDR), alongside the general internal provisions of EU law and its sector-specific subsidiarity provisions. In practice, Member States have taken different legal approaches to address DTx-related challenges, creating legal uncertainty within the EU as to which DTx should be defined as a medical device.

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Automated Decision-Making in The EU Member State’s Public Administration: The Compliance of Automated Decisions of the Estonian Unemployment Insurance Fund with Estonian Administrative Procedure Law

Author(s): Vladlen Zolkin,Archil Chochia,Thomas Hoffmann / Language(s): English Issue: 2/2023

Automated process control has been used for a long time. Innovation and information technology achievements have made it possible to use automation in the State governance. Algorithm-based automated decisions are integral part of the concept of e-Government. Automated decisions are becoming more and more prevalent in modern society of the EU. Using automated decisions in public administration is a challenge for Administrative Law, because it has to evolve and keep up with the usage of new technologies, keep the legal balance between the cost-efficiency and operational flexibility of the State in general and at the same time ensure the protection of rights of individuals in each Member State and in the EU as a whole. Estonia is EU Member State and its public sector uses automated decisions but there are no direct legal provisions regarding what automated decision is, what are the conditions for issuing them, what are the safeguards to avoid the violation of rights of individuals etc. The right to issue automated decision is based only on the authorisation norm stipulated in a specific act regulating the field of activity of administrative authority. The Estonian Unemployment Insurance Fund is one of the administrative authorities which issues automated decisions in its field of activity. The aim of this paper is to examine and find out whether the automated decisions used by Estonian Unemployment Insurance Fund comply with the general principles of administrative procedure and the EU rules on data protection but also to identify aspects where legal adjustment is needed and propose legislative amendments. The paper is based on the analysis of relevant scientific books, articles, legal acts, supported by relevant case law and other sources.

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Data Protection in Ukraine and in the Czech Republic, a few Remarks on the Data Protection Authority

Author(s): Olga N. Shpakovych,Oleкsandr Shevchuk,Petra Melotíková / Language(s): English Issue: 2/2023

egulation (EU) 2016/679 of the European Parliament and of the Council (GDPR) establishes the obligation for states to designate a supervisory authority to oversee compliance with the rules set out therein. The obligation to designate a supervisory authority is also enshrined in other legislation at the international level and at the constitutional level. The article focuses on the aspect of embedding it in legislation and its status as an independent administrative authority.

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A Romanian Example of Compensation for Non-material Damages Caused by a Violation of the Right of Access Provided by the General Data Protection Regulation

Author(s): Silviu Dorin Şchiopu / Language(s): English Issue: 2/2023

The former European Union Civil Service Tribunal admitted the existence of non-material damage that is separable from the unlawfulness that is the basis for the annulment of a contested decision and which cannot be entirely repaired by that annulment. So, the frustration of being forced to bring an action, on the one hand, and a state of serious uncertainty and concern (anxiety), on the other hand, may constitute actual harm suffered giving rise to the claim for moral damages, as long as the illegality of the wrongful act and the existence of a causal link between the act and the damage suffered are also proved. The Romanian courts awarded moral damages for the infringement of the right of access provided by Regulation (EU) 2016/679 to compensate the feeling of injustice and the anxiety caused by the fact that a person had to conduct a pre-litigation procedure and then a litigation procedure in order to have his rights recognised. This paper argues that the data subjects should demand and the courts should award non-material damages not only for the frustration of being forced to bring actions to defend their right to the protection of personal data, but also for the serious state of uncertainty and concern that can be generated by the loss of control over their own personal data when the controller disregards the right of access of the data subject, right designed to allow the latter to be aware of, and verify, the lawfulness of the processing.

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The Importance of a Governance Programme in the Exercise of Governance

Author(s): Cătălina Szekely / Language(s): English Issue: 2/2023

In order to ensure coherent governance, any responsible government proposes a series of measures to be implemented throughout its term of office. These measures are contained in the governance programme that it presents at the time of the government’s investiture. This governance programme is extremely important because it sets out the objectives of the government and is an important document on the basis of which the government is sworn in.

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