Ruch Prawniczy, Ekonomiczny i Socjologiczny
Copyright (c) 2025 WPiA UAM https://creativecommons.org/licenses/by/4.0
On the social diagnosis of rural areas Introduction
Between needs and freedom: Perspectives on social diagnosis
Social diagnosis forms the foundation for shaping social policy. Within the Polish context, it involves a clash between the traditional needs-based (NB) approach and the newer capability approach (CA), which emphasises freedom and agency. The aim of the article is to theoretically reconstruct and contrast these two approaches in relation to the diagnostic process, considering the perspectives of both residents and diagnosticians themselves. The methodology comprises theoretical analysis (drawing on Szatur-Jaworska, Sen, and Claassen, amongst others) and a qualitative content analysis of two examples of Polish diagnostic literature differing in character: an empirical diagnostic report and a methodological guide. This analysis illustrates how elements of both paradigms (NB and CA) manifest themselves in research practice and methodological recommendations. The results indicate the continued dominance of the NB paradigm, which concentrates on infrastructural and service deficits. Simultaneously, significant elements characteristic of the CA approach were identified in both types of documents analysed, such as an emphasis on participation, freedom of choice, and the need to consider psychological and cultural barriers. Conclusions: The analysis reveals a tension between tradition and the pursuit of empowerment within Polish social diagnosis. It is suggested that integrating the CA perspective, potentially enriched by insights from behavioural sciences (e.g, the concept of boosting), could contribute to the development of diagnostic practices that enhance the real agency of residents and diagnosticians.
Spatial justice as a foundation for social work
The article examines the usefulness of applying the concept of spatial justice and the postulate of the right to the countryside in social work in relation to communities living in rural areas. Due to the significant diversity of rural areas in Poland today, labeling social work as ‘rural’ can be challenging, misleading, and at times counterproductive because of the specific character of a given community in a particular spatial location that is not administratively classed as a city. The use of the adjective ‘rural’ when specifying actions undertaken within local diagnoses, and later when implementing social work methods, should be preceded by reflection on the actual attributes of the given area. This article proposes introducing of the concept of social work oriented towards spatial justice into theory and practice, in place of the terms ‘rural/urban social work’.
Demographic changes: The need for action in rural areas
Demographic projections for Poland indicate a decline in population over the coming decades. This process is highly territorially diverse. The aim of the study is to show the scale of depopulation in different types of areas and the factors influencing changes in population size and structure. In addition, it aims to identify tasks to be undertaken to weaken or reverse negative trends. The research methods adopted include quantitative analysis of existing statistical data and qualitative analysis of literature on the causes of demographic changes and possible countermeasures. The results show that the phenomenon of depopulation is territorially diverse, occurring primarily in peripheral, rural agricultural areas, along the edges of voivodeships, and in northern and eastern Poland. The causes of depopulation include both low fertility and the outflow of people, especially young people. Measures are needed to counteract these negative trends. There is currently insufficient knowledge about how to tackle depopulation, which reduces the possibility of implementing appropriate public policies to weaken or reverse these negative trends.
Opportunities and barriers to the deinstitutionalization of social services for older people in rural Poland: Findings from qualitative research
This article aims to answer the question of the possibilities and limitations of the deinstitutionalization of social services for older people in rural Poland. The answer to this question is formulated on the basis of the analysis of data presented in two qualitative research reports. The first was conducted under the auspices of the Office of the Ombudsman and examined the availability of social services for older people in rural communities. The second was conducted at the Institute of Rural and Agricultural Development of the Polish Academy of Sciences and focused on the implementation of a social innovation in the form of a rural home hospice. The analysis is complemented by baseline data from quantitative research. The article presents the essence of the deinstitutionalization of social services for the older people and identifies the determinants of this process based on qualitative research. These determinants were divided into five categories: (i) the initial state of social infrastructure and social services; (ii) organizational resources and relationships; (iii) financial resources; (iv) human capital; and (v) spatial conditions. The analysis of the research results shows that the deinstitutionalization of social services for older people living in the Polish countryside faces more barriers than opportunities.
WIBOR. Aktualne problemy prawne, edited by Jarosław Bełdowski and Paweł Szczęśniak. Wydawnictwo UMCS, 2024
Review: WIBOR. Aktualne problemy prawne, edited by Jarosław Bełdowski and Paweł Szczęśniak. Wydawnictwo UMCS, 2024.
Legal culture in the age of liquid modernity: On the need to reaffirm the ethos of the legal profession
Legal culture is undergoing profound changes driven by the ongoing processes of globalization, the development of modern technologies, including artificial intelligence, and the dynamism of political, social, and economic transformations. Bauman’s category of liquid modernity contributes to the discussion on how to reform legal education in times of uncertainty, transience, and relativism. The critique of the positivist model of education is the starting point for the analysis of the apparent problem of the relationship between practicality and theoreticality in legal subjects. The author defends the thesis that, despite the egalitarian and inclusive nature of legal studies, their purpose has remained unchanged: to co-shape civic consciousness for the common good. Legal culture is dynamically evolving. Therefore, it is worth emphasising humanistic reflection in the education of law students. Modern forms of education offer an opportunity to restore the humanities to their rightful place, ensuring that the education process can provide an effective response to the expectations of the legal services market. Acquiring soft skills and the ability to think critically in an era of rapidly changing legislation is no less important than knowledge of normative acts. A contemporary lawyer needs familiarity with sociology, politics, culture, economics, and management. The existing model of legal education requires ethos-related and organizational changes in order to meet the actual profile of graduates in the second decade of the twenty-first century. The model of legal education in Finland may serve as inspiration in this regard.
The specificity of settling of aviation disputes by the Council of the International Civil Aviation Organization in light of recent practice
By 2019, only seven complaints had been referred to the Council of the International Civil Aviation Organization (ICAO Council), none of which reached the merits stage; in four cases, the Council issued a decision on lack of jurisdiction. The article highlights the growing importance of the Council in dispute resolution, particularly between 2022 and 2024. During this period, three new cases were initiated, one of which has already been declared admissible (and proceeded to the merits phase), while another was filed simultaneously against 37 Member States. In total, these three cases, due to the multiplicity of parties, involve at least 41 States (over 20% of ICAO members). This development represents a precedent-setting practice, further highlighting the need to assess the Council’s modus operandi. The article uses the dogmatic-legal method to analyse the provisions of international instruments and the jurisprudence of international bodies. It concludes that the Council remains a unique, atypical entity for the settlement of inter-state disputes. On the one hand, the possibility of appealing to the International Court of Justice and issuing decisions suggests that it should be considered as a judicial body. On the other hand, its operational peculiarities – confidentiality, the method of vote counting, the fact that Council members follow the instructions of their governments, and, finally, the tendency to avoid deciding cases brought before it for as long as possible – make it difficult to attribute this body to the known dispute settlement mechanisms.
Incitement to suicide by or with the use of artificial intelligence
Artificial intelligence-based technologies are used in finance, insurance, and medicine, and are also accessible to individuals. However, new risks are emerging with the development of artificial intelligence (AI). Evidence shows that AI systems can, in fact, persuade a potentially suicidal person to attempt to take his or her own life. This is a new threat in the field of cybersuicidology. This article aims to examine the attribution of liability under current law, either for the autonomous action of an AI (inciting or assisting suicide) or for its use for this purpose by a human user. The cases analysed illustrate the possibility of using AI as a tool in the hands of the user, or of its autonomous actions posing a threat to potentially suicidal persons. In the first case, the user may incur liability under the Criminal Code. In the second case, where the danger arises from the autonomous peration of AI, the criminal law proves inadequate and does not take into account the rapid development of the technology and the risks arising from it, making it impossible to identify the entity responsible for the actual operation of AI. At present, in most cases, the responsibility for the autonomous operation of AI should be attributed to the manufacturer, particularly when there is a failure to provide adequate oversight of the system, or when the system is released without adequate safety filters. The AI manufacturer would then be liable under Article 415 of the Polish Civil Code.
The justification for regulating the consent of the holder of a legal interest as a ground excluding unlawfulness in Polish criminal law
The paper concerns the justification for introducing statutory regulation of the consent of the holder of a legal interest as a ground excluding unlawfulness. Using the formal-dogmatic method, the author elaborates on the essence of such consent and indicates that, in Polish criminal law, it performs a threefold function. The issue of whether statutory regulation of the consent of the holder of a legal interest may serve as a justification is then considered. The author concludes that such regulation is justified and proposes relevant legal provisions in this respect.
Legal aspects of co-parenting in heterosexual relationships under Polish family law
The aim of the article is to explain the concept of ‘co-parenting’, which describes one of the contemporary family models. The analysis is limited to Polish practice, focusing on the relationships between two individuals of different genders who choose to raise a child within the co-parenting model. The article discusses key provisions of the Family and Guardianship Code that regulate the rights and obligations of parents involved in the upbringing process. Issues related to the legal recognition of parenthood, limitations in entrusting child care, and the role of family courts in resolving disputes related to co-parenting are also analysed. The article examines three key issues concerning the need to protect the welfare of a child raised in this contemporary family model. The considerations focus on the child’s right to maintain contact with both parents, agreements regulating the fulfilment of alimony obligations, and the impact of parents living apart on their parental rights and duties. The article highlights the legal provisions applicable to the co-parenting model and interprets them in the context of the principle of the child’s welfare, which is the fundamental principle governing family relations. The conclusion indicates that Polish regulations adequately protect the interests of the child in co-parenting; however, in light of social changes, they may require broader adaptation to ensure the full realization of parental and maintenance rights.
The principle of sustainable development in EU law: Between rhetoric and implementation Introduction
Some options for a legal strategy for sustainable development
Sustainable development has become a central societal goal for the national and global community and, therefore, also an inherent value that the legal system needs to enhance. The author argues that the current primary strategy to achieve sustainability, based on command-and-control regulation, is insufficient. More fundamental institutional change and ‘smart regulation’ are needed to create adequate incentive structures and facilitate sustainable practices. The strategy should create incentives and opportunities for individuals and corporations to choose sustainable alternatives. Environmental degradation is primarily a result of discrepancies in private and public costs. Traditional command-and-control regulations, in which the state prescribes standards for action or uses taxation to level out discrepancies in private and social costs, are insufficient to solve the global community’s large and complex issues in dealing with poverty, pollution, natural resource depletion, biological degradation, and climate change. Problems related to externalization, the tragedy of the commons, and free riders that create market failure must be addressed by smart regulation and institutional change, focusing on the incentive structures leading to ecological degradation and ineffective use of resources. New ideas and concepts focusing on smart regulation, involving stakeholders and people affected by the regulation in the legislative process, as well as stimulating innovation, are needed. Property and market-based solutions, like cap-andtrade systems for the distribution of climate and fishing quotas, also need to be developed in other areas. More substantial effort should be put into finding the most effective solution to the problem each measure is intended to solve.
The social pillar of sustainable development in the consumer credit market: Does the trader turn into a guardian of social values?
The article focuses on the social pillar of sustainable development in relation to the consumer credit market. Unfair practices in this market can lead to an increase in poverty, social exclusion, and inequality, thus having a direct impact on societal well-being and sustainable development. The article aims to assess the impact of the social pillar of sustainable development on the concept of public interest, which encompasses social values and justifies interventions in that limit economic freedom in the consumer credit market. For the social pillar of sustainable development in this market, the articulation of the ‘sustainable lending’ postulate in the new Consumer Credit Directive is significant. The pursuit of ‘sustainable lending’ requires reconciling the public interest with the economic interests of entities in the consumer credit market, which involves balancing the interests of financial institutions and society as a whole. This involves not only lessening the discrepancies between the interests of the financial institutions and those of the consumer who concludes the agreement, but also reducing the divergence between the interests of the financial institutions and the interests of society at large. The regulatory legal instruments introduced in the EU Consumer Credit Directive may contribute to achieving the social values that constitute the social pillar of sustainable development. The scope of the legal changes demonstrates that not only political actions but also decisive legislative measures are being undertaken to protect the values associated with the social pillar of sustainable development.
Sustainable development in the era of FinTech and artificial intelligence
The paper concerns sustainable development in the context of the dynamic changes currently occurring in financial markets, driven by the advancements of artificial intelligence (AI) and financial technology (FinTech) applications. Innovative financial mechanisms, such as intelligent investment algorithms, AI-based credit scoring, and automated advisory systems, can support the achievement of sustainable development goals by enabling more effective risk management, directing capital toward green projects, and enhancing financial inclusion. The importance of appropriate financial regulation is emphasized, including the role of regulatory sandboxes that allow innovations to be tested in a safe environment, particularly with regards to mitigating systemic risk. The author argues that while the integration of AI with the FinTech sector has the potential to create a more sustainable financial system, it requires the development of regulatory frameworks that support innovation while protecting the public interest.
Integrating ESG principles into corporate governance: A strategic and regulatory perspective
The integration of environmental, social, and governance (ESG) principles into corporate governance has evolved from a niche concern to a fundamental business strategy. This paper examines the critical role of governance structures in embedding ESG considerations into corporate decision-making. The study aims to assess existing regulatory frameworks, highlight the challenges companies face in ESG adoption, and evaluate best practices that drive sustainable corporate governance. Using a comprehensive literature review and case-based analysis, this research identifies the effectiveness of board-level oversight, the role of supervisory bodies, and the impact of emerging regulations. Findings indicate that robust governance mechanisms enhance ESG integration, yet companies continue to struggle with inconsistent reporting standards, regulatory fragmentation, and balancing stakeholder interests. These insights contribute to the ongoing discourse on sustainable business practices and corporate accountability.
Corporate sustainability reporting in the European Union – Quo vadis, EU lawmaker?
The Corporate Sustainability Reporting Directive (CSRD) aims to ensure that companies transparently disclose their sustainability-related activities, providing stakeholders with reliable and comparable information. The CSRD stipulates that mandatory reporting must be conducted in accordance with the European Sustainability Reporting Standards (ESRS). However, from the outset, these reporting standards have raised numerous concerns regarding their complexity and level of detail, which has initiated an active debate within the European Union. As a result, the European Commission has proposed a set of simplifications to these regulations. The purpose of this article is both to review the CSRD and to examine the potential implications of the changes proposed by the European Commission in the simplification package known as ‘Omnibus I.’ The primary research method employed is the dogmatic-legal method, supplemented by the theoretical-legal method.
Sustainability in German public procurement law: The current framework and legislative developments in the making
This paper presents an overview of sustainability considerations in current German public procurement law. It highlights the existing scope and particularities in the implementation of EU public procurement law with regard to sustainability in Germany. Additionally, it briefly looks at how sustainability aspects are implemented in practice. Further, the article provides an outline of what is currently planned for the future as Germany intends to strengthen the aspect of sustainability in its public procurement through the so-called ‘public procurement transformation package’ (Vergabetransformationspaket).
Rethinking local content requirements in EU public procurement within the paradigm of sustainable development
The European Union (EU) has traditionally opposed local content requirements (LCRs) in public procurement, viewing them as contrary to the principles of free trade and competition. However, recent global crises, including the COVID-19 pandemic, geopolitical tensions, and supply chain disruptions, have prompted a reconsideration of these policies. This article explores how the concept of sustainable development, enshrined in EU law, provides a framework for justifying LCRs under specific conditions. By analysing EU case law and policy developments, the study argues that LCRs can be permissible if they serve broader strategic goals determined within the sustainable development paradigm, such as environmental protection and social welfare, rather than economic protectionism. Ultimately, the findings suggest that carefully designed LCRs can enhance economic resilience while remaining compatible with EU legal principles. It is, however, crucial to emphasize that LCRs may be permissible, provided that they are proportionate to the contracting authority’s objectively justified needs, assessed with due diligence.
The influence of the AI Act on the achievement of the UN Sustainable Development Goal 3: Regulating AI for better health outcomes?
The article assesses the influence of the Artificial Intelligence Act (AI Act) on the potential for achieving the health-related aims of Sustainable Development Goal 3 (SDG 3) from an EU law perspective. Although the impact of AI on health has been widely studied, the implications of the AI Act in this regard remain underexplored in academic literature. The influence of the new regulation on research and drug development is important in the context of SDG 3. A review of existing normative acts leads to the following conclusions. Firstly, the SDGs do not possess the status of binding acts within EU lawmaking. However, their objectives are included in policy and strategy documents and thus exert indirect influence on the EU legal order. Secondly, the AI Act does not contain a direct reference to the SDGs, despite a legislative-stage proposal by Parliament. Furthermore, the issue of sustainable development is mentioned only in passing. However, the incorporation of the SDGs into policy documents precludes any interpretation of the AI Act that would impede their attainment. This is significant in the context of the AI Act’s direct impact on SDG 3, concerning prohibited practices such as profiling and scoring employed in health insurance risk assessment. A comparable situation arises regarding the indirect impact of the Act, as exemplified by its use in drug development. An interpretation aligned with the SDGs suggests that the research exemption set out in the AI Act should extend to any entity engaged in research, irrespective of its legal status.
Nudge in the science and technology policies of China: The experience of Science and Technology Commissioners System in Shenyang
The Science and Technology Commissioners System (STCS) is an important measure implemented in China to address the bottleneck in rural talent and the underdevelopment of science and technology. This article explores the implementation of the system in rural areas of China, focusing on the behavioural economic perspective of cognitive and behavioural biases in different participants’ decision-making. Shenyang, as a representative base of agricultural production in China, has taken multiple measures to facilitate the implementation of the system. Field interviews revealed that the core challenges in implementing the STCS stem from cognitive biases and from inadequate promotion of behavioural change. These factors contribute to policy rigidity, mismatched service supply and demand, low farmer acceptance, and ineffective supervision and evaluation. Under the framework of nudge theory, this study provides an extensive comparative analysis of international systems, and proposes establishing a ‘Shenyang Science and Technology Commissioners Service Cloud Platform’ and setting up a ‘comprehensive, multi-stakeholder and dynamic’ performance evaluation model.
Large language models in the banking sector: Areas, opportunities, and threats
Large language models (LLMs), a rapidly growing area of generative AI (GenAI), are being increasingly applied in banks. The article aims to identify the areas in which banks are using LLMs and to analyse the opportunities and threats associated with their implementation from the perspective of both banking institutions and their customers. The article employs a critical review of the relevant literature and a comparative method. Statistical secondary data from sources such as the Statista database and reports from Accenture, KPMG, PwC, and the European Banking Authority (EBA) support the research. The findings indicate that banks are primarily utilizing LLMs in customer service and internal operations, such as risk management, thereby contributing to their digital transformation. Banks seem to experience more benefits from the implementation of LLMs than their customers. The main challenges identified include legal, ethical, and customer acceptance issues.