Table of contents

INSTITUTIONAL ANALYSIS
Jerzy Paśnik
Commission for examining the influence of Russia in the normative
context of Law and Justice and the governing coalition – selected issues………………………….. 7

PUBLIC LAW INSTITUTIONS
Piotr Kominek
The norm of administrative law in the world of values …………………………………………………. 21

ADMINISTRATIVE SUBSTANTIVE LAW
Stefan Płażek
Whistleblower Protection Act – Initial Reflections ………………………………………………………. 31
Paweł Cholewski
Food additives in „traditional” agri-food products, and misleading
consumers – analysis of the case law of the Supreme Administrative
Court with reference to food technology informations …………………………………………………. 47

CONSTITUTIONAL LAW
Tomasz Jankowiak
About the concept of meta-rights in the Constitution of the Republic of Poland ……………… 57

PROCEDURAL LAW
Monika Adamczyk
Objectives of demarcation proceedings in the administrative and judicial phases ……………… 72
Monika Kwiecień-Miland
Effectiveness of the regulations governing the procedure for merging non-public
universities …………………………………………………………………………………………………………….. 86

FINANCIAL LAW
Jerzy Serwacki
Stabilization of shares allocated to the budgets of local government units ……………………….. 97

BUSINESS ACTIVITY LAW
Marek Martyniszyn
Extraterritoriality in Competition Law: Bridging Jurisdictional Gaps ……………………………..105

Jerzy Paśnik

Commission for examining the influence of Russia in the normative context of Law and Justice and the governing coalition – selected issues

Abstract

The aim of the study is a comparative presentation of the establishment of the Law and Justice commission to investigate Russian influence and the creation by the currently ruling coalition of the commission to investigate Russian and Belarusian influence, including the legal basis and the course of implementation of this intention, the scope of operation of both commissions and the legal consequences the President’s veto of the bill abolishing the commission to investigate Russian influence.

According to the Author, the factual and legal situation thus created is characterized by a double antinomy, both of a vertical and horizontal nature, but also of a thematic gap.

Piotr Kominek

The norm of administrative law in the world of values

Abstract

The article is devoted to the concept of administrative law norms. It is a norm of specific conduct addressed to state authorities and individuals. Administrative law unites those entities that have a „common identity”. The law regulates social life, so a citizen must be sure that this law is just and necessary. It was emphasized that values are the basis for constructing administrative law norms. The most important value of a normative nature is the common good. Other values derive from this concept, including: truth, justice and solidarity. It was noted that the issue of legitimizing administrative law and its regulation of social life is not only the subject of legal science, but also of Catholic social teaching. The concept of administrative law norms is an issue worth attention because it is related to individuals’ sense of their own law and their legal and moral position in a state of law.

Stefan Płażek

Whistleblower Protection Act – Initial Reflections

Abstract

The concept of whistleblower protection adopted in the Act of 14 June 2024 does not differentiate whistleblowing according to its significance or according to the whistleblower’s intentions, nor does it limit the time distance between the abuse of the law and the whistleblowing. It orders to treat cases of unjustified whistleblowing very leniently. All this may lead to the abuse of the protection granted to whistleblowers, as well as to unfavourable moral tendencies. Another disadvantage of the regulation is the illusory protection of confidentiality regarding the identity of whistleblowers, as well as the depreciation of the importance of many legally protected secrets. Therefore, decisions on whistleblowing should be made with particular caution.

Paweł Cholewski

Food additives in „traditional” agri-food products, and misleading consumers – analysis of the case law of the Supreme Administrative Court with reference to food technology informations

Abstract

The article presents an analysis of the Supreme Administrative Court’s case law concerning the questioning of food marking with phrases such as „rural”, „traditional”, „homemade”, when they contain food additives. According to the uniform jurisprudence of the Supreme Administrative Court, this is a situation of misleading the consumer. In addition to legal considerations, information on food technology was presented, which concerns the use of additives in food preparation. The decisive argument raised by the Supreme Administrative Court in the discussed rulings is the conviction of the so-called „average consumer” who expects a product marked with phrases such as „rural”, „traditional”, „homemade”, to not contain any additional substances. The present considerations constitute an assessment of this argument in the light of the history and practice of using additives in food production.

Tomasz Jankowiak

About the concept of meta-rights in the Constitution of the Republic of Poland

Abstract

The author, using the formal-dogmatic approach, analyzed the jurisprudence of the Constitutional Court of Poland on Article 32 of the Constitution of the Republic of Poland, in which developed the concept of constitutional meta-rights, which made it possible to formulate a definition of the notion of ‘meta-rights’ and also to indicate other constitutional meta-rights than Article 32 of the Constitution.

An assessment was also made of position of the Court, which in its rulings also inferred that meta-rights could not be invoked as an independent reference provision in a constitutional complaint procedure and allowed them to be invoked only as connectional reference provisions. On the basis of the above-described analysis, the author concluded that meta-rights can constitute an independent reference provision in a constitutional complaint procedure.

Monika Adamczyk

Objectives of demarcation proceedings in the administrative and judicial phases

Abstract

The article aims to show the differences between the objectives of delimitation proceedings in the administrative and judicial phases. A separate legal regulation for each of them means that they have their own specificity. The thesis that the purpose of the delimitation proceedings is the same in each of the above-mentioned phases has been criticized on the basis of an analysis of court rulings and statements of legal doctrine.

Monika Kwiecień-Miland

Effectiveness of the regulations governing the procedure for merging non-public universities

Abstract

In this study, an analysis of the provisions of the Law on Higher Education and Science regulating the procedure for merging universities was carried out in order to answer the question of whether these provisions are effective, i.e. whether they achieve the goal that was set for them. First of all, it was necessary to determine the purpose of these provisions by interpreting them in a broader perspective and not limiting ourselves only to the linguistic interpretation. The most important issues that needed to be resolved were to determine the legal requirements that must be met by the entity that is the founder of the merged universities and to determine the content of the notarial declaration submitted by it on the establishment of the university, taking into account the fact that the merger of universities is a procedure to which the provisions on the establishment of universities apply accordingly. Based on the interpretation of the essence and legal consequences of the procedure for merging universities, solutions to these issues were proposed, which allowed for the assessment of this legal institution from the point of view of its purpose.

Jerzy Serwacki

Stabilization of shares allocated to the budgets of local government units

Abstract

The important role of shares as an instrument for transferring income between budgets, especially between the state budget and the budgets of local government units, prompts new analyzes related to the entry into force of the Act of October 1, 2024 on the income of local government units. The new structure, which involves relating the percentages for calculating shares to taxpayers’ income, and not to the amounts due for personal income tax and corporate income tax, allows local government units to be free from problems related to changes in the structures of these taxes. This can be considered a solution that stabilizes the income of local government units.

The assumption that the income constituting the basis for calculating shares will be determined on the basis of submitted tax returns relating to the base year, two years preceding the financial year for which the calculations are made, requires, however, the use of an appropriate system of indexation of income from the base year.

The new solution, which assumes that the starting point for regulating the finances of local government units are their financial needs, requires that the income of these units be adjusted to their financial needs, assuming that shares in income tax revenues are a particularly important source of covering these needs.

Marek Martyniszyn

Extraterritoriality in Competition Law: Bridging Jurisdictional Gaps

Abstract

This article analyses the initiation and development of the extraterritorial application of competition law. It outlines the process of shaping the effects doctrine, which enables the extraterritorial application of law based on the economic effects of foreign firms’ activities. While initially contested, this doctrine has gradually become a new jurisdictional norm. The article presents its evolution, highlighting the reasons for its gradual acceptance and emphasizing the ongoing need for its development to further reduce existing regulatory gaps at the international level.