Table of contents

ADMINISTRATIVE SUBSTANTIVE LAW
Paweł Marek Woroniecki
The legal situation of repatriate as a beneficiary of aid activities from the side
of the public administration …………………………………………………………………………………….. 7
Danuta Kurzyna-Chmiel
Reflections on how to meet the collective educational needs of the community
and to meet the needs of “everyone” ………………………………………………………………………….. 15
Martyna Wilbrandt-Gotowicz
Exclusion of Land from Agricultural Production and the Protection of Individual
Rights. Remarks on the Reform of Planning and Spatial Development Introduced
by the Act of July 7, 2023 ………………………………………………………………………………………… 26

FINANCIAL LAW
Michał Mariański
Reduction and abolition of local turnover tax in France, as a guide for polish legislator …….. 39

BUSINESS ACTIVITY LAW
Anna Kawęcka
Self-cleaning procedure in the jurisprudence practice of the National Board
of Appeal (KIO) …………………………………………………………………………………………………….. 50
Justyna Węglińska
Administrative penalties for conducting business activities violating the terms
of license based on the example of the Act of April 10, 1997 – Energy Law
and the Act of November 19, 2009 on Gambling ……………………………………………………….. 67

ADMINISTRATION SYSTEM
Sebastian Konrad Matyjek
District government as an (un)necessary territorial unit. Legal and political
considerations on the political position of the district …………………………………………………… 81

GLOSSES
Marcin Gubała
Legal status of the conference of rectors. The commentary on the judgment
of the Voivodship Administrative Court in Warsaw of 9.06.2021, II SAB/Wa 50/21………… 89
Dagmara Gut
Suspension of implementation of the decision of the first instance authority
by the administrative court. Critical commentary on the resolution of the Supreme
Administrative Court of 13.10.2023, II GS 2/22 ………………………………………………………….99

Paweł Marek Woroniecki

The legal situation of repatriate as a beneficiary of aid activities from the side of the public administration

Abstract

The study refers to a legal situation of a repatriate as a beneficiary of aid activities undertaken by the public administration organs. The Statute of 9 November 2000 on the repatriation (consolidated text: Journal of Laws of 2022 item 1105 as amended) is a normative base for conducted discussion. It has been assumed the following aims of the article: firstly, outlining normative regulations orientated to supporting repatriates and, secondly, systemizing forms of aid on account of their orientation, e.g. suport in providing with appropriate living conditions (see article 17 item 2 and article 17b item 1 in principio and item 2 points 1-3 of the Statute on the repatriation) or receiving employment (see article 23 item 1 point 1 and point 2 letters a-c and article 24 item 1 of the Statute on the repatriation). The method based on analysing legal regulations has been used in the article. The thesis, which has been formulated in the article, says that the public administration organs offer to repatriates differentiated forms of aid. It has been confirmed at the full in the course of the discussion. In the summary of the article it has been stated that the statutory catalogue of the forms of aid corresponds, in substance, with every fundamental need of repatriate. Therefore, the conclusion about advantageous legal situation of repatriates as the beneficiaries of aid activities realized by the public administration has been formulated.

Danuta Kurzyna-Chmiel

Reflections on how to meet the collective educational needs of the community and to meet the needs of „everyone”

Abstract

The article provides a legal analysis of the legislation and doctrinal views that define the satisfaction of the educational needs of the community and the needs of each individual. Education is regarded as a collective good for the entire society. The principal beneficiary of educational benefits is the human collective, organised into society. The concept of the common good gives rise to the necessity and obligation of public administration to consider the legitimate needs of each individual within a community. Consequently, there is a demand for the construction of an educational system that responds to these needs. Furthermore, the article emphasises that each entitled individual should be treated as an equal, regardless of their specific circumstances. It delineates the primary categories of educational service recipients, including pupils who do not require additional support, pupils with disabilities, minority groups, socially maladjusted pupils, and those at risk of such maladjustment.

Martyna Wilbrandt-Gotowicz

Exclusion of Land from Agricultural Production and the Protection of Individual Rights. Remarks on the Reform of Planning and Spatial Development Introduced by the Act of July 7, 2023

Abstract

The purpose of this study is to highlight the legal issues related to obtaining decisions on the exclusion of agricultural land from production following the planning and spatial development reform introduced by the Act of July 7, 2023, amending the Act on Planning and Spatial Development and certain other acts. Due to the change in the conditions for issuing decisions establishing building conditions from September 24, 2023, and the absence of transitional provisions, significant doubts have arisen regarding the possibility of issuing decisions permitting the exclusion of land from agricultural production in areas not covered by a local spatial development plan or a general municipal plan in cases where a decision establishing building conditions was obtained before this date. This study analyzes the legal nature of the institution of allocating agricultural and forest land for non-agricultural and non-forestry purposes, as well as the institution of excluding agricultural land from production. It also delineates the relationships between these institutions and the legal conditions for obtaining a decision allowing the exclusion of land from agricultural production. Subsequently, guided by a holistic interpretation, constitutional standards, and the general principles of administrative proceedings, and considering the protection of individual rights, the study presents proposals for resolving issues related to the exclusion of land from agricultural production.

Michał Mariański

Reduction and abolition of local turnover tax in France, as a guide for polish legislator

Abstract

This article is one of the elements of a broader study of French tax law, codified in the general tax code (fr. Code général des impôts). The analysis carried out in this publication, using the example of a local tax on companies achieving a certain turnover (fr. cotisation sur la valeur ajoutée des entreprises), allows not only to present the legal structure of this tax, but also to show a rather specific method of extinguishing this contribution. Given the fact that the tax in question was first reduced by half in 2023, and then its abolition was planned for 2027, it may constitute an interesting point of reference for the Polish legislator, who has already followed French models many times. The summary indicates the potential possibility of using some French solutions also in Poland, especially in the scope relating to the method of eliminating certain forms of taxation, while respecting the principles of legal certainty and the assumptions of the economic analysis of law.

Anna Kawęcka

Self-cleaning procedure in the jurisprudence practice of the National Board of Appeal (KIO)

Abstract

The self-cleaning procedure plays an important role in the public procurement system, allowing contractors who would be excluded from the procedure under the general rules to demonstrate their reliability and be allowed to participate in the procedure. This procedure was implemented in Polish law thanks to EU regulations and is the subject of extensive jurisprudence of the National Appeal Chamber (KIO). The article discusses the essence of the self-cleaning procedure, its legal basis, the grounds for exclusion subject to the self-cleaning procedure and the conditions that must be fulfilled for the procedure to be considered effective. A key element is the analysis of a selected KIO verdicts, which undoubtedly has a significant impact on shaping the practice of applying this mechanism in Poland. Particular attention is paid to the situations in which contractors may use the self-cleaning procedure, the actions taken by them and the criteria for assessing its efficiency by contracting authorities.

Justyna Węglińska

Administrative penalties for conducting business activities violating the terms of license based on the example of the Act of April 10, 1997 – Energy Law and the Act of November 19, 2009 on Gambling

Abstract

The article titled: “Administrative penalties for conducting business activities violating the terms of license based on the example of the Act of April 10, 1997 – Energy Law and the Act of November 19, 2009 on Gambling” aims to present regulations, case law and literature regarding the legal nature and the role of concessions under the Energy Law and the Act on Gambling, as well as a discussion of the scope of the concession obligation specified in the Energy Law and the Act on Gambling. Moreover, the article presents the principles of imposing administrative penalties for conducting business activities that violate the terms of a license (or without a license) specified in the Energy Law and the Act on Gambling, as well as current case law of common courts and the Supreme Court in this regard.

Sebastian Konrad Matyjek

District government as an (un)necessary territorial unit. Legal and political considerations on the political position of the district

Abstract

Local government is a fundamental element of the democratic state model, which is why its reactivation after 40 years of public authority monism was so legally important. But was the establishment of local government counties equally important and justified? Are poviats a necessary territorial unit, or maybe they are just a replica of municipal solutions and are places for lucrative jobs for local politicians. And finally, can the state afford to maintain a unit that does not generate profits? Or maybe these are just voices of opponents of the intermediate link of local government, not supported by facts, but a necessary unit of local authority embodying the bonds of a supra-municipal community. The main goal of this work is to try to answer difficult questions about the sense of existence of poviats, to present the arguments in favor of the reform of 1998, as well as the counter-arguments of the opponents of the reform. The aim of the work is to open a scientific discourse with the parties to the dispute and, consequently, to present de lege ferenda demands in the context of the discussed topic.

Marcin Gubała

Legal status of the conference of rectors. The commentary on the judgment of the Voivodship Administrative Court in Warsaw of 9.06.2021, II SAB/Wa 50/21

Abstract

The commentary concerns the judgment of the Voivodship Administrative Court in Warsaw, in which the court resolved the case of inactivity alleged against the President of the Conference of Rectors of Academic Schools in Poland. The President of the Conference was to remain inactive in relation to a complaint that had been lodged with him regarding the conduct of one of the rectors. The ruling focuses on the question of whether the conference of rectors may be an entity obliged to disclose public information.

The Voivodship Administrative Court rightly ruled that the activities of the conference beyond executing public tasks or the management of public funds, do not belong to the sphere of public information. The gloss contains considerations on the legal status of the conference, additionally supporting the argumentation expressed in the judgment.

Dagmara Gut

Suspension of implementation of the decision of the first instance authority by the administrative court. Critical commentary on the resolution of the Supreme Administrative Court of 13 October 2023 (II GS 2/22)

Abstract

The commentary presents a critical argument regarding the thesis and justification of the resolution of the Supreme Administrative Court of 13 October 2023 (II GPS 2/22), which results in the inadmissibility of granting temporary legal protection in cases of complaints against rulings: declaring the lapse of the deadline for filing an appeal; refusing the restoration of the deadline for filing an appeal; declaring the appeal inadmissible. The author believes that such a position is not supported by the linguistic, systemic, and functional interpretation of Article 61 § 3 of the Act on Proceedings Before Administrative Courts, which provides for temporary legal protection granted by the court. It is also contrary to the guarantees arising from the right to an administrative court and the role of administrative courts.