Table of contents

PROCEDURAL LAW
Tomasz Moll
Mediation in Administrative Proceedings – An Effective Remedy or a Dysfunctional
Instrument? A Reflection after Eight Years of Implementation ………………………………………. 5
Piotr Sławicki
Mediation in administrative enforcement proceedings – de lege lata and de lege ferenda …….. 13
Marcelina Machnik, Maciej Szałęga
Building works carried out in the common parts of the building and the status
of a party to the proceedings for granting a construction permit ……………………………………. 26

BUSINESS ACTIVITY LAW
Katarzyna Wojewoda-Buraczyńska
Selected consequences of leasing gaming machines in light of the Gambling Act ……………… 39
Katarzyna Grabarczyk
Exception from the ban on sewage accumulation in areas at high risk of flooding.
Considerations in light of administrative court rulings …………………………………………………. 49

ADMINISTRATION SYSTEM
Kamil Majewski
Statutory competences of the General Inspector of Financial Information (GIIF)
to shape AML/CFT practice …………………………………………………………………………………….. 61
Mariusz Oleś
On the rule of law and the formula for its protection by the prosecutor’s office ……………….. 74
Katarzyna Szlachetko
Substitute Order by the Voivode on the Local Development Plan – Critical Analysis
of the Regulations in the Context of the Principles of Supervision over Local
Government ………………………………………………………………………………………………………….. 89

INDEX OF PUBLICATIONS
Andrzej Adamczyk
Index of publications for 2025 ………………………………………………………………………………….102

Tomasz Moll

Mediation in Administrative Proceedings – An Effective Remedy or a Dysfunctional Instrument? A Reflection after Eight Years of Implementation

Abstract

Mediation in Administrative Proceedings (also known as administrative mediation) represents an alternative method of solving cases compared to the classical, formalized administrative proceedings. The article discusse the institution of mediation in administrative proceedings from dogmatic, praxeological, and statistical perspectives. Selected issues concerning mediation, which are crucial for capturing the advantages and disadvantages of this alternative dispute resolution method, will be analyzed.

Piotr Sławicki

Mediation in administrative enforcement proceedings – de lege lata and de lege ferenda

Abstract

Mediation is an important aspect of strengthening the trust of citizens in public administration bodies, hence the introduction of the institution in question as implementing the principle of amicable settlement of an administrative case in the Code of Administrative Procedure should be assessed positively. It is reasonable to apply this general principle of administrative proceedings at the stage of enforcement proceedings. Due to the lack of explicit regulation of mediation in the Administrative Enforcement Proceedings Act, the admissibility of the application of this amicable method at the enforcement stage is questionable. It seems that de lege lata there is no doubt that the principle of amicable settlement of an administrative case, in particular as regards the admissibility of the use of mediation, should apply in enforcement proceedings. Due to the fact that mediation is not used in practice, normative changes should be postulated on the basis of which it will be introduced directly into the Act on enforcement proceedings in administration and in the executive regulations to the Act in question.

Marcelina Machnik, Maciej Szałęga

Building works carried out in the common parts of the building and the status of a party to the proceedings for granting a construction permit

Abstract

The study concerns the issue of determining the parties to proceedings for a construction permit covering the common parts of a building. The article presents court rulings in this field and points to issues that give rise to practical problems in the case in question.

Katarzyna Wojewoda-Buraczyńska

Selected consequences of leasing gaming machines in light of the Gambling Act

Abstract

The Gambling Act rigorously regulates the rules for organizing gambling games, introducing numerous severe sanctions for violating the rules of law. Unfortunately, the conceptual framework used to define the the subjective and objective scope of the Act is largely imprecise, which consequently gives rise to numerous interpretation disputes. The lack of certainty as to the actual scope of activities covered by the state monopoly weakens the principle of legal certainty, and the applicable regulations become a kind of trap for entrepreneurs. The article is devoted to an attempt to indicate the legal and financial consequences of leasing of gaming machines in the light of the Gambling Act, taking into account various legally permissible forms of leasing. The analysis was carried out based on applicable legal acts, case law and the views of scientific representatives.

Katarzyna Grabarczyk

Exception from the ban on sewage accumulation in areas at high risk of flooding. Considerations in light of administrative court rulings

Abstract

The prohibition of accumulating sewage in areas at particular risk of flooding is the subject of a dispute between the local community and property owners. On the one hand, it is an important flood protection measure, but on the other, it necessarily limits individual property rights. The case law of administrative courts shows significant disagreements as to the interpretation of statutory regulations, the role of public administration authorities in their application, and the rules of evidentiary proceedings. This leads to questions about the comprehensiveness of these regulations and the protection of the legitimate interests of individuals in their application.

Kamil Majewski

Statutory competences of the General Inspector of Financial Information (GIIF) to shape AML/CFT practice

Abstract

This article summarizes the analysis of legal provisions relevant to AML/CFT issues and presents conclusions regarding the statutory competences of the General Inspector of Financial Information (GIIF) to shape AML/CFT practice. The author defines the legal status and nature of GIIF’s publishing activities (in particular, announcements issued in 2019–2025), as well as its significance for AML/CFT practice and indicates that the Polish AML/CFT system needs soft law acts (recommendations) issued by GIIF as a tool that significantly strengthens the means available to GIIF to effectively perform its tasks and the entire AML/CFT system.

Mariusz Oleś

On the rule of law and the formula for its protection by the prosecutor’s office

Abstract

This article addresses the understanding of the rule of law and the statutory legal formula of „upholding the rule of law,” which defines one of the two fundamental tasks of the Polish prosecutor’s office. This task has its roots in the new role of the post-war prosecutor’s office in Poland and the so-called people’s democracies. However, the contemporary understanding of the obligation to uphold the rule of law requires redefinition against the backdrop of the concept of the rule of law within a democratic state ruled by law, also taking into account the international acquis communautaire on the rule of law (the rule of law, the rule of law) and the role of the prosecutor’s office outside the criminal justice system, in light of international standards.