Public Law Review 10/2025
Table of contents
INSTITUTIONAL ANALYSIS
Dawid Stadniczeńko
The state border as an emanation of public law …………………………………………………………… 7
ADMINISTRATIVE SUBSTANTIVE LAW
Beata Rogowska, Bartosz Żmuda
Dillemas related to ensuring the effectiveness of the obligation to perform compulsory
protective vaccinations …………………………………………………………………………………………….. 19
INTERNATIONAL PUBLIC LAW
Jakub Robel
Asylum management in the European Union and the constitutions
of the Member States ………………………………………………………………………………………………. 32
PROCEDURAL LAW
Tomasz Góra
The right to be heard in administrative proceedings …………………………………………………….. 42
Dawid Gregorczyk
Determining the lack of legal interest of the appellant in administrative proceedings ………… 58
FINANCIAL LAW
Magdalena Taraszkiewicz, Krzysztof Sychowicz
„Abnormally low price” and public finance discipline ………………………………………………….. 72
BUSINESS ACTIVITY LAW
Artur K. Modrzejewski
Division of a Company Operating a Municipal Installation and the Update
of Data on the List of Municipal Installations …………………………………………………………….. 83
GLOSSES
Małgorzata Biszczanik
Entitlement to continue to apply the existing tariff. Partly critical gloss to the judgment
of the Supreme Court of 5 May 2021, ref. I NSKP 5/21 ……………………………………………… 95
SPRAWOZDANIA
Paulina Łazutka-Gawęda, Jarosław Stasiak
“Registration of the legal status of real estate. People – Institutions – Problems”,
Piotrków Trybunalski, March 8th, 2025 …………………………………………………………………….103
The state border as an emanation of public law
Abstract
The author addresses the issue of state borders as a key element of public law, analyzing their role, functions, and significance in the context of contemporary international challenges. State borders serve fundamental delimiting, protective, and control functions, delineating the scope of state sovereignty, ensuring territorial integrity, and controlling the movement of people and goods. They integrate societies, protect public order, and regulate the flow of populations and goods. In the context of globalization, borders become points of confrontation between different cultures and interests, evolving with geopolitical changes and integration processes. The author emphasizes that for a state to exist and fulfill its role, it must adapt its borders to changing challenges such as migration, which requires appropriate administrative and legal measures. Borders are an emanation of the effectiveness of law and state institutions, being an element of sovereignty and national identity. The author highlights the necessity for clear and precise regulation of border issues in national and international law, which is essential for maintaining state sovereignty and security.
Dillemas related to ensuring the effectiveness of the obligation to perform compulsory protective vaccinations
Abstract
The enforcement of mandatory vaccinations falls into the category of important social and legal dilemmas both in Poland and in western Europe. This is an issue that finds its expression at the interface of many branches of law: constitutional, medical, administrative, and criminal The aim of the research paper is to show the dilemmas related to the implementation of the vaccination obligation and the administrative enforcement of mandatory vaccinations in Poland.
Jakub Robel
Asylum management in the European Union and the constitutions of the Member States
Abstract
This article aims to present the mechanisms of asylum management at the European Union level and to analyze how the constitutions of the Members States influence the implementation and functioning of the common asylum policy. Key EU standards in this area and their implementation in national legal systems were analyzed. Particular attention was paid to cases where national regulations conflict with EU regulations, as well as the challenges faced by Member States in the context of the compliance of their constitutions with the obligations resulting from membership in the European Union.
The right to be heard in administrative proceedings
Abstract
The right to be heard, outlined in Article 10 of the Polish Code of Administrative Procedure, is a fundamental principle ensuring parties’ active participation in administrative proceedings. This article examines the legal basis, theoretical importance, and practical application of this principle, as well as the consequences of its violations. It highlights issues such as formalistic approaches by administrative bodies, imprecise notices, and short deadlines that limit the protection of individuals’ rights. Based on literature and case law, it proposes measures to improve the application of Article 10, including extended deadlines, precise justification of notices, and enhanced digital tools. The article emphasizes the importance of this principle for procedural justice and trust in public administration.
Determining the lack of legal interest of the appellant in administrative proceedings
Abstract
An appeal filed by an entity without legal standing should be inadmissible within the meaning of Art. 134 of the Code of Administrative Procedure at the initial stage of the proceedings. However, if addressing this issue necessitates conducting evidentiary activities – particularly in areas that overlap with the substantive considerations of the case – it is also possible to issue a decision to discontinue the appeal proceedings. Nevertheless, this does not exclude the possibility of declaring an appeal inadmissible, because it can be issued at any stage of the proceedings. Therefore, what is important is not so much the form of the judgment, but whether the appeal body correctly determined the lack of legal interest and whether it did so by the principles of procedure, in particular the principle of objective truth and active participation of the party. If the necessary procedural guarantees were provided to the appellant, the administrative court should not support the complaint based on a formal error (a form of judgment), as it does not „affect the outcome of the case” under Art. 145 § 1 item 1 letter c of the Law on proceedings before administrative courts.
Magdalena Taraszkiewicz-Tyszka, Krzysztof Sychowicz
„Abnormally low price” and public finance discipline
Abstract
The purpose of public procurement is the rational and purposeful spending of public funds, i.e. funds at the disposal of the state, local government units or other entities to which these funds were transferred. Interest in the public procurement market is increasing every year. In 2023, approximately 157,000 orders worth nearly PLN 280 billion were awarded, which was an increase of almost 10% compared to 2022, when nearly 144,000 orders worth approximately PLN 274 billion were awarded. The certainty of obtaining remuneration for a properly performed public procurement contract determines their attractiveness, which also affects increased competitiveness on the public procurement market, often resulting in lower prices of services, supplies or construction works in submitted offers. The aim of this study is to answer the following questions: Can the selection of an offer with an „abnormally low price” result in a liability for violation of public finance discipline on the part of the contracting authority?
Artur K. Modrzejewski
Division of a Company Operating a Municipal Installation and the Update of Data on the List of Municipal Installations
Abstract
The aim of the article will be to answer several key questions. Firstly, after the division of the Company operating a municipal installation, will the installation operated by the New Company continue to be a municipal installation, despite the lack of updating of the data of the operator of the installation on the list of municipal installations. Secondly, are there no legal obstacles to transferring unsegregated (mixed) municipal waste to the installations of the New Company, after division, but before updating the data of the operator of the installation on the list of municipal installations?
In terms of theory and law, the article will distinguish between updating data on the list of municipal installations and making an entry on this list.
Entitlement to continue to apply the existing tariff. Partly critical gloss to the judgment of the Supreme Court of 5 May 2021, ref. I NSKP 5/21
Abstract
The subject of the judgment under review is the issue of the legal decision of the Supreme Court made during the examination of the cassation appeal against the judgment of the Court of Appeal in Warsaw. The Supreme Court analysed the legal possibility for an energy company to continue its business activities if the President of the Energy Regulatory Office refuses to approve a new tariff due to the necessity to reduce prices and fee rates below those contained in the existing tariff resulting from documented and described changes in the conditions for carrying out business activities by the energy company. The Supreme Court pointed out the necessity of ceasing to apply the existing tariff and the possibility of imposing an administrative fine. The main issue of the review is the necessity of a uniform linguistic, functional and systemic interpretation regarding the application of the legacy tariff in a situation where the literal interpretation of the provision gives rise to significant legal disputes regarding the continuation of business activities of an energy nature. Consequently, this may result in the bankruptcy or insolvency of the company.
Paulina Łazutka-Gawęda, Jarosław Stasiak
“Registration of the legal status of real estate. People – Institutions – Problems”, Piotrków Trybunalski, March 8th, 2025
Abstract
On 8th March 2025, Piotrków Academy in Piotrków Trybunalski hosted a national scientific symposium entitled Registration of the Legal Status of Real Estate: People – Institutions – Problems. The event was organised by the Administrative and Legal Department and the Labour Law Students Association of the Faculty of Humanities and Administration at Piotrków Academy. The symposium brought together numerous experts in real estate law, representatives of administrative and civil law, as well as legal practitioners. It was attended by over 100 participants, including representatives from leading Polish universities, judges, court clerks, attorneys-at-law, trainee attorneys-at-law, and notaries.