https://pressto.amu.edu.pl/index.php/ppuam/issue/feedPrzegląd Prawniczy Uniwersytetu im. Adam Mickiewicza2023-03-14T13:37:39+01:00dr Paweł Kwiatkowskipawel.kwiatkowski@amu.edu.plOpen Journal Systems<div> <div> <p>Przegląd Prawniczy Uniwersytetu im. Adama Mickiewicza / Adam Mickiewicz University Law Review is a general peer-refereed journal devoted to legal sciences designed to contribute original papers on theoretical, interdisciplinary, comparative and doctrinal oriented inquiries into the Middle European perspective so the journal seeks to take a broad approach to legal scholarship, publishing original articles on international law, European domestic legal systems, the theory and philosophy of law, and legal history in this context.</p> <p>There are no fees for submitting an article to Przegląd Prawniczy Uniwersytetu im. Adama Mickiewicza / Adam Mickiewicz University Law Review, for the editorial process, or for final publication.The journal provides immediate, open access under CC BY 4.0 License to all its content published from 2023 and CC BY-NC-ND 4.0 to all its content published from 2016 to 2022, in accordance with the principle that freely available research increases and accelerates global scientific development and the exchange of knowledge.<br /><br />The editorial board of the journal welcomes new proposals for articles written in English every year until May the 15th.</p> </div> </div> <div> <ul> <li><a href="https://pressto.amu.edu.pl/index.php/ppuam/about">ABOUT THE JOURNAL</a></li> <li><a href="https://pressto.amu.edu.pl/index.php/ppuam/issue/current">CURRENT ISSUE</a></li> <li><a href="https://pressto.amu.edu.pl/index.php/ppuam/issue/archive">ARCHIVES</a></li> </ul> <p><strong>INDEXED IN: </strong></p> <p><strong><br /></strong><a href="https://suggestor.step.scopus.com/progressTracker/?trackingID=41AA5F9275A7C8E9">Scopus</a>, <a href="https://kanalregister.hkdir.no/publiseringskanaler/erihplus/periodical/info.action?id=486853" target="_blank" rel="noopener">ERIH PLUS</a>, <a href="https://doaj.org/toc/2450-0976?source=%7B%22query%22%3A%7B%22bool%22%3A%7B%22must%22%3A%5B%7B%22terms%22%3A%7B%22index.issn.exact%22%3A%5B%222083-9782%22%2C%222450-0976%22%5D%7D%7D%5D%7D%7D%2C%22size%22%3A100%2C%22sort%22%3A%5B%7B%22created_date%22%3A%7B%22order%22%3A%22desc%22%7D%7D%5D%2C%22_source%22%3A%7B%7D%2C%22track_total_hits%22%3Atrue%7D" target="_blank" rel="noopener">DOAJ</a>, <a href="https://search.crossref.org/?q=10.14746%2Fppuam&from_ui=yes" target="_blank" rel="noopener">Crossref</a>, <a href="https://v2.sherpa.ac.uk/id/publication/43858" target="_blank" rel="noopener">Sherpa Romeo</a>, Ministry of Education and Science with note 40 points, Central European Journal of Social Sciences and Humanities, Central and Eastern European Online Library, Adam Mickiewicz University Repository, Google Scholar, Index Copernicus, <a href="https://app.dimensions.ai/discover/publication?search_mode=content&search_text=przegl%C4%85d%20prawniczy%20uniwersytetu&search_type=kws&search_field=full_search&and_facet_source_title=jour.1151939" target="_blank" rel="noopener">Dimensions</a>, <a href="https://polona.pl/sets?searchCategory=objectSets&page=0&size=24&sort=RELEVANCE&searchLike=Przegl%C4%85d%20Prawniczy%20Uniwersytetu%20im.%20Adama%20Mickiewicza&copyright=false" target="_blank" rel="noopener">Polona</a>, <a href="https://academica.edu.pl/search?query=Adam+Mickiewicz+Law+Review&advancedSearch=false&searchType=DOCS&sectionType=&sortField=&sortOrder=&resultsLimit=10&page=1&highlight=false&fullTextSearch=false&advancedOp=&advancedField=fulltitle&advancedValue=&advancedValueFrom=&advancedValueTo=&advancedInputType=STRING&advancedOp=AND&advancedField=fullmeta&advancedValue=&advancedValueFrom=&advancedValueTo=&advancedInputType=STRING" target="_blank" rel="noopener">Academica</a></p> <p><br /><br /><strong>JOURNAL METRICS:<br /></strong>Ministry of Education and Science 2023: <strong>40</strong></p> <p><strong>DOI </strong><a href="https://pressto.amu.edu.pl/index.php/ppuam">10.14746/ppuam</a></p> <p><strong>ISSN </strong>2083-9782<br /><strong>ISSN Online </strong>2450-0976<br /><br /><strong>Articles published from 2023 are licenced under the terms of:</strong></p> <p><a href="https://creativecommons.org/licenses/by/4.0/deed.en"><img src="https://pressto.amu.edu.pl/public/site/images/aws/by-41eb4303185cf02efbb67bf3c5af5bdb.png" alt="" width="100" height="34" /></a> <a href="https://creativecommons.org/licenses/by/4.0/deed.en">Creative Commons Attribution 4.0 International Licence</a></p> <p><strong>Articles published from 2016 to 2022 are licenced under the terms of: </strong></p> <p><a href="https://creativecommons.org/licenses/by-nc-nd/4.0/"><img src="https://pressto.amu.edu.pl/public/site/images/aws/by-nc-nd.png" alt="" width="100" height="35" /></a> <a href="https://creativecommons.org/licenses/by-nc-nd/4.0/">Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License</a></p> </div>https://pressto.amu.edu.pl/index.php/ppuam/article/view/37489Improving Administrative Proceedings2023-03-14T12:44:05+01:00Zbigniew Janowiczppuam@amu.edu.pl<p>The paper is an English translation of “Uwagi o doskonaleniu postępowania administracyjnego” by Zbigniew Janowicz published originally in Państwo i Prawo in 1978. The text is published as a part of a section of the Adam Mickiewicz University devoted to the achievements of the Professors of the Faculty of Law and Administration of the Adam Mickiewicz University, Poznań.</p>2022-12-30T00:00:00+01:00Copyright (c) 2022 Zbigniew Janowiczhttps://pressto.amu.edu.pl/index.php/ppuam/article/view/37491Legal Language as an Instrument for Describing Social Reality. Searching for Innovative Narrations2023-03-14T12:43:59+01:00Natalia Kohtamäkin.kohtamaki@uksw.edu.pl<p>How we function in social reality is determined by various types of cognitive schemas. These concern people, social events and other phenomena. According to the concept offered by various postpositivist currents, including postmodernism, poststructuralism and critical theory, such schemata cannot be objective. The most important element of postmodern considerations is the discovery of the arbitrary nature of modernity. This means rejecting the Enlightenment belief in progress. Innovation, understood as modernity resulting from human reason, is illusory in the postmodern perspective. Innovation consists precisely in a rejection of the myth of the existence of some absolute, objective truths that constitute the social order. The world is textual, made up of many alternative narratives. Definitions, including legal definitions, are socially constructed. They arise from specific social conditions, at a particular stage of development of a particular group. The assumption made by postmodernists is that language, including professional language – such as the language of law or legal language – is neither neutral nor transparent. The innovative power of this language lies in its use of narratives that influence the functioning of social groups of varying degrees of complexity. It is therefore necessary, adopting a postmodern interpretation, to look at the text of legal language in a similar way as we look at other texts. That is, to see in the narrativity of this language structural similarities with other texts that constitute social reality.</p>2022-12-30T00:00:00+01:00Copyright (c) 2022 Natalia Kohtamäkihttps://pressto.amu.edu.pl/index.php/ppuam/article/view/37492Remarks on Language and International Law2023-03-14T12:43:57+01:00Adam Wiśniewskiadam.wisniewski@prawo.ug.edu.pl<p>The main assumption behind this study is that the relationship between language and international law is particularly interesting due to the complexity and special nature of this relationship when compared to national law. The author focuses on some selected issues connected with the fact that from the legal point of view the multiplicity of languages in international law is an important factor affecting its interpretation. Due to this, apart from the issue of the dominant position of the English language in international law, the major focus of the study is on the specific problems associated with the interpretation of international treaties. The study suggests that there are certain intrinsic tensions and contradictions involved in the relationship between language and international law. The dominant position of English language in international law is at odds with the principle of sovereign equality laid down in the UN Charter, which entails equal opportunities for all nations to participate in the global legal discourse. Moreover, the interpretation of plurilingual treaties involves significant problems when it comes to the interpretation of authentic texts made in various languages, which need to be reconciled. In turn, the tensions between the meaning of terms used in international legal norms and their corresponding meaning in national legislation are addressed through the use of the autonomous method of interpretation. Moreover, considering the growing importance of the legitimacy of international law, the role of the language of international law in this context is also considered. The problems related to the problems of language in the context of international law outlined in this study confirm the need for further continuous and in-depth research in this field.</p>2022-12-30T00:00:00+01:00Copyright (c) 2022 Adam Wiśniewskihttps://pressto.amu.edu.pl/index.php/ppuam/article/view/37493African Legal Instruments as Regional Tools of Harmonization of International Environmental Law2023-03-14T12:43:54+01:00Boubacar Sidi Dialloboubacar.diallo@amu.edu.pl<p>Environmental degradation in the world in general, and in Africa in particular, is occurring on a scale of increasing concern. The challenge for public policy is to change the relationship between people and their environment in order to reverse this trend. To this end, in an internal and an international context characterized by, on the one hand, the establishment of democracy and the rule of law and, on the other, by the globalization of environmental law following the Rio Conference (1992) in particular, the rule of law has naturally emerged as the key tool for these transformations. The aim of this article is to identify and analyze the African legal instruments and the actions of transformation in the relationship between the regional legal framework and international environment law, with the goal of the sustainability of natural resources and sustainable living environment as the key environmental issues in a fragile region. Africa is in the processes of decision making and adopting environmental protection methods as it embarks on a normative production process, with the aim of producing a law combining international standards and local norms and practices. The contemporary issues of environmental protection in Africa are analyzed in an interdisciplinary approach.</p>2022-12-30T00:00:00+01:00Copyright (c) 2022 Boubacar Sidi Diallohttps://pressto.amu.edu.pl/index.php/ppuam/article/view/37494Limitations to the Implied Powers of International Organizations2023-03-14T12:43:51+01:00Andrzej Gadkowskiandrzej.gadkowski@kul.pl<p>The aim of this article is to present the main aspects of limitations to the implied powers of international organizations. The author discusses the most important case law and the position on this topic presented, in particular, by the International Court of Justice. He points to the most salient categories in the catalogue of the limits of implied powers of international organizations.</p>2022-12-30T00:00:00+01:00Copyright (c) 2022 Andrzej Gadkowskihttps://pressto.amu.edu.pl/index.php/ppuam/article/view/37495European Standard for the Protection of Patients’ Lives2023-03-14T12:43:48+01:00Paweł Kwiatkowskipawel.kwiatkowski@prawo.ug.edu.pl<p>The aim of the study it to reconstruct the European standard for the protection of patients’ lives in its substantive and procedural aspects. In the case-law of the bodies of the system of the Convention for the Protection of Human Rights and Fundamental Freedoms, the scope of the state authorities’ substantive and procedural obligation to protect the right to life in the health care system was defined for the first time by the European Commission of Human Rights in the decision of 22 May 1995 in Mehmet Işıltan v. Turkey, and then repeated in the case-law of the reformed Court in the decision on the admissibility in Powell v. United Kingdom. The study of the European standard for the protection of patients’ lives traces its history, from Mehmet Işıltan v. Turkey and Powell v. United Kingdom; through developments of the meaning of its substantive limb, as illustrated by Mehmet and Bekir Senturk v. Turkey, Asiye Genc v. Turkey, Aydogdu v. Turkey, and Elena Cojocaru v. Romania; to developments of the meaning of its procedural limb, as exemplified by Calvelli and Ciglio v. Italy, Wojciech Byrzykowski v. Poland, Šilih v. Slovenia, and Gray v. Germany; and finally covers the Court’s attempt to sum up its previous approach to the European standard for the protection of patients’ lives, as expressed in the case of Lopes de Sousa Fernandes v. Portugal.</p>2022-12-30T00:00:00+01:00Copyright (c) 2022 Paweł Kwiatkowskihttps://pressto.amu.edu.pl/index.php/ppuam/article/view/37496State Liability for Judicial Decisions Infringing EU Law – the Polish Experience2023-03-14T12:43:45+01:00Marcin Michalakmarcin.michalak@ug.edu.plJakub Dębickijakubdebicki25@gmail.com<p>The liability of Member States for damages caused by the issuance of a judicial decision in breach of EU law has been shaped in the jurisprudence of the CJEU, as a mechanism to ensure effective legal protection of EU citizens. Its primary purpose is to ensure that in a situation where a court of a Member State causes damage to a citizen by violating EU laws by its ruling, the citizen has a legal remedy to obtain compensation for such a violation. Based on the principle of procedural autonomy of the Member States, such claims can be asserted on the grounds of national procedural rules under the substantive legal grounds laid down by the CJEU in its case law.<br>Research conducted by the authors of the article indicates that despite more than 18 years of Poland’s presence in the European Union, it is extremely difficult to find rulings on liability for damages for breach of EU law by Polish courts. It seems that such a state of affairs may be caused by ambiguities and interpretative doubts that arise on the grounds of Polish procedure in the case of claims for damages for breach of EU law by the courts. Both in the doctrine and case law there are far-reaching divergences as to whether the pre-judgment provided for in the Polish Civil Code should apply to claims for breach of EU law, and if so, when it should be applied. These doubts are reflected in the scant judicial case law on the issue in question. It seems that the indicated procedural doubts and lack of clarity as to the proper procedure in pursuing such claims may deter parties from more frequent initiation of proceedings to obtain compensation for breach of EU law by a national courts in the Polish context.</p>2022-12-30T00:00:00+01:00Copyright (c) 2022 Marcin Michalak, Jakub Dębickihttps://pressto.amu.edu.pl/index.php/ppuam/article/view/37490The Right to Disconnect in the Context of Employees’ Mental Health2023-03-14T12:44:02+01:00Marcel Dolobáčmarcel.dolobac@upjs.skKatarína Skolodovákatarina.skolodova@student.upjs.sk<p>The development of technology has a significant impact and creates new requirements in the field of labour-law relations. One of these requirements is the protection of occupational health and safety by preventing the blurring of boundaries between employees’ work and private lives. The most important means which is currently the subject of discussions in the professional community, but also in practice, is the right to disconnect. This paper is devoted exactly to this right, its perception at the level of the institutions of the European Union, and its legal enshrinement in the legislation of the Slovak Republic.</p>2022-12-30T00:00:00+01:00Copyright (c) 2022 Marcel Dolobáč, Katarína Skolodováhttps://pressto.amu.edu.pl/index.php/ppuam/article/view/37587The Enforcement of Non-Discrimination Law and Sexual Minorities’ Rights in the EU: The Cases of Hungary and Poland2023-03-14T13:08:47+01:00Izabela Jędrzejowska-Schiffauerizabela.schiffauer@amu.edu.plMarcin Łączakmarcinlaczak@gmail.com<p>The principle of equality and the prohibition of discrimination on grounds of sexual orientation are enshrined in the EU Treaties. A strong baseline is also laid down in secondary EU legislation. However, the impact of the respective provisions is constrained in two ways: by challenges to their enforcement and, regarding the secondary EU law, by limitations in their scope to employment. This paper takes stock of the EU non-discrimination law with respect to sexual minorities’ rights as well as the enforcement mechanisms applied by the EU to safeguard implementation in Member States. To contextualize the findings, we analyse the cases of Hungary and Poland where measures adopted by state and local authorities have led to decisive steps by the EU, including withholding financial transfers. The paper identifies systemic weaknesses in existing enforcement mechanisms and concludes by pointing to institutional reform which could address them.</p>2022-12-30T00:00:00+01:00Copyright (c) 2022 Izabela Jędrzejowska-Schiffauer, Marcin Łączakhttps://pressto.amu.edu.pl/index.php/ppuam/article/view/37597Council Directive (EU) 2018/822 and the Right to Privacy. An Attempt to Answer the Preliminary Question in Case C-694/202023-03-14T13:01:44+01:00Adam SzymachaUL0085454@edu.uni.lodz.pl<p>Through an action before the Court of Justice of the European Union (CJEU), the Belgian Constitutional Court intends to obtain an answer to the question related to the compatibility of Council Directive (EU) 2018/822 with the fundamental right to respect for private life. The mechanism provided by this Directive may violate this right because it consists in obliging the lawyer who has invoked the Legal Professional Privilege to provide information about the evasion of the obligation to inform the authorities about the cross-border arrangement. This arrangement may amount to tax avoidance by the client. I will try to predict the possible response of the CJEU by analyzing its previous case law. Interference with fundamental rights must be proportionate. The secrecy of the lawyer’s communication with his client deserves special protection. The proportionality of the interference may be evidenced by filters such as judicial supervision, intermediation by an independent authority etc.</p>2022-12-30T00:00:00+01:00Copyright (c) 2022 Adam Szymachahttps://pressto.amu.edu.pl/index.php/ppuam/article/view/37618Problems with applying human rights in the actions of public administration2023-03-14T13:07:35+01:00Aleksandra Puczkoa.puczko@uj.edu.pl<p>This article aims to analyze the contemporary problem of respecting human rights in the actions of public administration. To that end, it aims to show the causes of the issue in question and propose solutions. The article opens with a description of the legal aspect of human rights from the general perspective as a matter of rules and elements of the legal system. This part of the article presents the legal grounds for and obstacles to incorporating human rights and the acts that regulate them into the actions of public administration. In the subsequent sections, the analysis shifts to a detailed perspective. The first one concerns the reliance of the public administration’s actions on Art. 6 point 1 of the European Convention on Human Rights and shows the issues with applying it to administrative cases, as noted in the literature and jurisprudence. The second addresses the issues associated with incorporating human rights regulations into the application of the substantial law. This problem is analyzed from the standpoint of legal regulations, values and interpretation. At the same time, the article aims to show that while on the one hand public administration is responsible for safeguarding rights, on the other it is also entitled to breach and limit.</p>2022-12-30T00:00:00+01:00Copyright (c) 2022 Aleksandra Puczkohttps://pressto.amu.edu.pl/index.php/ppuam/article/view/37619Evidence From Artificial Intelligence in General Administrative Procedure2023-03-14T13:17:42+01:00Łukasz Dubińskilukasz.dubinski@usz.edu.pl<p>Artificial intelligence is becoming an element of everyday life, and also a part of administrative proceedings. The legislator systematically adds regulations that allow public administration bodies to use artificial intelligence. At the same time, the Code of Administrative Procedure has not been amended in this respect. The article tries to establish what artificial intelligence evidence is. In addition, the issue of whether the rules on administrative evidence should be changed to cover the use of AI evidence is examined.</p>2022-12-30T00:00:00+01:00Copyright (c) 2022 Łukasz Dubińskihttps://pressto.amu.edu.pl/index.php/ppuam/article/view/37620The Qualification of Action in Administrative Justice and its Perils – the Czech Experience2023-03-14T13:22:22+01:00Tomáš Svobodatomas.svoboda@law.muni.czDenisa Skládalováskladalova@mail.muni.cz<p>This paper concerns the system of the ‘main’ types of administrative action in the Czech administrative justice, more precisely the qualification of the ‘correct’ type of an action. The boundaries between action types are not always clear, which has consequences for the protection of applicants’ rights in the administrative justice proceedings. The first part of the paper deals with the theoretical level of the problem outlined. The second part deals with some recent changes in Czech case law and proposes possible solutions.</p>2022-12-30T00:00:00+01:00Copyright (c) 2022 Tomáš Svoboda, Denisa Skládalováhttps://pressto.amu.edu.pl/index.php/ppuam/article/view/37621Efficiency of criminal proceedings and their cost2023-03-14T13:29:37+01:00Agnieszka Orfinagnieszka.orfin@amu.edu.pl<p>To sum up, it should be stated that the concept of efficiency should be understood as a quick, effective and rational operation of the participants in the proceedings, taking into account the principles of efficiency and savings of financial resources. The length of proceedings is one of the most acute problems not only of criminal law, but also of the administration of justice in general. The first and foremost reason for such a classification is that the excessive length of proceedings prevents a fair hearing, since it does not respect the constitutional right to have a case heard without undue delay. Secondly, long proceedings generate high costs, an issue particularly important when these costs are borne by the State Treasury and thus not by the convict whose culpable behavior has caused them to arise.The issues of efficiency of criminal proceedings and their costs are inextricably linked. Furthermore, it establishes that the efficiency of criminal proceedings determines the level of generated costs. The research shows that the quality of the proceeded cases depends on the financial outlays and that the costs indicated by the procedural authorities do not correspond with those actually incurred. In conclusion, it should be pointed out that financial aspects fall within the scope of the regulatory impact assessment and constitute a priority when im-plementing new legal provisions, in direct relation to the economic analysis of law and the efficiency and costs of ongoing proceedings.</p>2022-12-30T00:00:00+01:00Copyright (c) 2022 Agnieszka Orfinhttps://pressto.amu.edu.pl/index.php/ppuam/article/view/37622The Illegal Wildlife Trade in Poland – Crime Control Models2023-03-14T13:32:11+01:00Edyta Drzazgaedyta.drzazga@uj.edu.pl<p>Wildlife traffickindg of endangered species is an international crime that is increasing in in terms of its significance and position in the global crime hierarchy. This phenomenon is a significant subject of research for both traditional and green criminology. The representatives of green criminology, when discussing the criminal policy in matters related to green crimes, refer to its broad meaning. From this perspective, “green criminal policy” includes: a) the legal and social approach, b) a regulatory system that emphasizes social arrangements, norms and reforms in the production and consumption system; and c) a system of social interactions. Each of these models is presented in the article. In this context, the results of qualitative research on the state of the social control of illegal trade in wild fauna and flora in Poland will also be cited.</p>2022-12-30T00:00:00+01:00Copyright (c) 2022 Edyta Drzazgahttps://pressto.amu.edu.pl/index.php/ppuam/article/view/37623Data Altruism or Voluntary Data Sharing in the Economy2023-03-14T13:35:55+01:00Magdalena Jacolikmagjac@amu.edu.pl<p>Along with technological progress, one can observe socio-economic changes taking place, and the transformation of the EU economy into a digital economy is an eloquent example. The scope of this transformation includes data, which plays an important role in the economy. This may be readily inferred from the European Strategy for Data published by the European Commission, which envisages a data-driven economy. The transformation towards a data-agile economy results in certain modification in the legal space. For instance, the proposal for a data governance regulation introduces an entity referred to as a data altruism organisation. The proposed act also requires EU Member States to designate a competent authority. This paper examines the functioning of said organisations and attempts to define their status, and discusses the duties of competent authorities which may possibly supervise the activities of data altruism organisations.</p>2022-12-30T00:00:00+01:00Copyright (c) 2022 Magdalena Jacolikhttps://pressto.amu.edu.pl/index.php/ppuam/article/view/37624Some Legal Aspects of Plagiarism Among Students2023-03-14T13:37:39+01:00Anna Sokołowskaanna.sokolowska@amu.edu.pl<p>The paper describes the scope of the legal consequences of plagiarism among students in terms of copyright. The main question is connected with the scope and nature of the copyright protection against plagiarism. The issue is related to the specificity of the social role played by a student and to certain customs in the university community which enforce a certain behaviour and do not always require detailed references to the sources used. All university students have administrative and legal liabilities with regard to the university authorities, and in addition they bear full civil liability for their actions</p>2022-12-30T00:00:00+01:00Copyright (c) 2022 Anna Sokołowska