Public Law Review 12/2025
Table of contents
COMMUNICATING NEEDS IN CIVIL SOCIETY
Marlena Kondrat, Aleksandra Chmielewska
Between political control and digital transformation: The state and prospects
of the turkish media market ……………………………………………………………………………………… 7
Andrzej Adamczyk
Local Self-Government in Turkey ……………………………………………………………………………… 20
Mariusz Krzysztofek
Aspects of protecting children from harmful online content: the laws of China,
the U.S., and Australia …………………………………………………………………………………………….. 30
Jarosław Czerw, Joanna Wyporska-Frankiewicz
AI in administration – selected ethical issues from a legal policy perspective ……………………. 45
INSTITUTIONAL ANALYSIS
Jakub Rzymowski
The Whistleblower Protection Act as an illusory regulation …………………………………………… 53
THEORY OF THE LAW
Zbigniew R. Kmiecik, Magdalena Kotulska-Kmiecik
Likelihood of a fact and the possibility of adopting it as the basis for a procedural
action in administrative proceedings ………………………………………………………………………….. 61
Joanna Wegner
The right to a fair trial and the validity of the provisions on administrative courts
proceedings ……………………………………………………………………………………………………………. 75
Błażej Kwiatek
Making a legal act under administrative law in writing fixed in electronic form
and its delivery after 1.01.2025 ………………………………………………………………………………… 89
FINANCIAL LAW
Krystian Wasilewski
The Polish Financial Supervision Authority between Supervision and Prosecution:
Should It Be Granted Public Prosecutorial Powers? ……………………………………………………..102
REVIEWS
Andrzej Gomułowicz
Wojciech Jakimowicz, Podstawy prawa administracyjnego. Wykłady dla znudzonych,
Wolters Kluwer, Warszawa 2025, ss. 583 ……………………………………………………………………116
Marlena Kondrat, Aleksandra Chmielewska
Between political control and digital transformation: The state and prospects of the turkish media market
Abstract
The article examines the evolution of the Turkish media market amid political control and digital transformation. It focuses on market structure, state role, and digital transitions. Using political economy of media, it analyzes political and economic conditions. Findings indicate a trust crisis in media, erosion of freedom, and marginalization of independents, with digitization not democratizing information access. The future hinges on overcoming political dependency and engaging civil society in shaping digital media.
Mariusz Krzysztofek
Aspects of protecting children from harmful online content: the laws of China, the U.S., and Australia
Abstract
The article addresses the protection of children from harmful online content, based on the laws of China, the United States, and Australia. Each country emphasizes different aspects (which does not exclude others): China focuses on preventing gaming addiction among minors; the U.S. targets the commercial use of children’s personal data and online pornography; Australia prohibits minors from creating social media accounts.
Jarosław Czerw, Joanna Wyporska-Frankiewicz
AI in administration – selected ethical issues from a legal policy perspective
Abstract
The increasing use of AI in public administration, including future prospects for its use, necessitates the consideration of ethical principles in the process of developing and using AI systems. As stated in the report of the independent High-Level Expert Group on Artificial Intelligence entitled ‘Ethical Guidelines for Trustworthy Artificial Intelligence’: a prerequisite for the effective development, deployment and use of artificial intelligence systems by individuals and societies is the trustworthiness of artificial intelligence. The use of untrustworthy artificial intelligence systems can have unintended negative consequences, even when used in good faith. The trustworthiness of artificial intelligence is ensured by trustworthy artificial intelligence, i.e. artificial intelligence that has three characteristics: 1) it is lawful, i.e. it complies with all applicable laws and regulations; 2) it is ethical, ensuring compliance with ethical principles and values, and 3) it is robust from both a technical and social perspective.
Jakub Rzymowski
The Whistleblower Protection Act as an illusory regulation
Abstract
The publication concerns the Whistleblower Protection Act. The aim of the publication is to highlight how illusory the regulations contained in the Act are. The publication describes several key elements of the Act and points out that they are, in fact, a caricature of themselves. The Act does not protect whistleblowers; it deceives them.
Zbigniew R. Kmiecik, Magdalena Kotulska-Kmiecik
Likelihood of a fact and the possibility of adopting it as the basis for a procedural action in administrative proceedings
Abstract
The degree to which a public administration authority is convinced of the existence of a fact that constitutes a statutory premise for the authority to take a specific action or to recognize a specific legal effect does not always have to be close to certainty. It depends on the type of action or legal effect and the corresponding methods of establishing the factual circumstances that condition them (proving, substantiation and relying on the balance of probability, presumption, legal fiction, realizing, communication to the parties). To undertake some actions, it is enough for the authority to have a subjective impression that the occurrence of the fact constituting the premise for taking action is more likely than its non-occurrence. In exceptional cases, the probability of the occurrence of a fact with which the law associates a legal effect is 0, and yet this effect occurs.
The right to a fair trial and the validity of the provisions on administrative courts proceedings
Abstract
The article draws attention to the problem of the lack of relevance of procedural regulations concerning administrative courts. The author emphasizes that the adoption as a regulative model civil proceedings, despite its unquestionable advantages, also turned out to be a limitation. First of all, it blocked the development of autonomous procedural solutions appropriate for judicial review and – thus – the development of the law on administrative court proceedings. The observed insufficient activity of the legislator has intensified the problems related to the application of regulations that are not fully consistent with the nature of adjudicating on the legality of administrative activities. The article postulates an urgent, thorough reform of the law on administrative court proceedings, indicating examples of outdated or inadequate regulations for the functioning of an administrative court.
Making a legal act under administrative law in writing fixed in electronic form and its delivery after 1.01.2025
Abstract
The publication focuses on a discussion of the rules for making a legal act in writing and its service after 1.01.2025. Public bodies are bound by the hierarchy of service with the priority of electronic delivery, which should translate, in principle, into taking actions on writings fixed in electronic form. Non-public bodies, on the other hand, may perform actions on writings fixed in paper or electronic form, and bring (delivery) them in the manner they choose, as provided by law. The presented changes will make electronic handling of administrative matters more common.
The Polish Financial Supervision Authority between Supervision and Prosecution: Should It Be Granted Public Prosecutorial Powers?
Abstract
This article analyzes the status of the Polish Financial Supervision Authority (KNF) within the Polish legal system, with particular emphasis on its supervisory and quasi-investigative functions. The study aims to assess whether the current model of KNF’s operations enables effective responses to legal violations in the financial market and whether it would be reasonable to expand its role in this regard.
The paper focuses on examining the regulations governing KNF’s activities, especially concerning explanatory proceedings as a key tool in identifying potential violations. The analysis also considers theoretical and practical aspects of the effectiveness of KNF’s actions in the context of protecting the financial market.
The de lege ferenda considerations aim to initiate a discussion on the need for potential changes in the financial market supervision system and adapting its mechanisms to contemporary challenges.