Table of contents

LEXOMETRIC ANALYSIS
Renata Śliwa, Piotr Waląg
The entrepreneur’s costs and barriers in Poland. A lexometric analysis for the period 1990–2024 …………………………………….. 7

ADMINISTRATIVE SUBSTANTIVE LAW
Damian Durlak

Regulations governing the performance of aesthetic procedures in Poland –
legislative status ………………………………………………………………………………………………………. 19

Patrycja Niemiec

Spatial chaos as a manifestation of a public interest ……………………………………………………… 31

PROCEDURAL LAW
Przemysław Krzykowski

Administrative proceedings conducted by the Agency for Restructuring and Modernization of Agriculture concerning the refusal to grant payments due to the creation of artificial conditions for receiving them – selected issues …………………. 42

BUSINESS ACTIVITY LAW
Tomasz Szanciło

The consortium as a civil law partnership and the security of economic transactions ………… 54

EMPLOYMENT IN ADMINISTRATION
Stefan Płażek

Proposal of the Head of the Civil Service to amend the Civil Service Act ………………………… 69

ADMINISTRATION SYSTEM
Piotr Świerczyński

Legal services for local government units in the face of attempts to politicize local government activities ……………………………………………………………………………………………… 81

Paweł Cholewski
General control tasks of the Trade Inspection Authority ……………………………………………….. 92

Paweł Romaniuk
Administrative and legal areas of conducting and omitting internal audit in public administration (selected issues) …………………………………………………………………………………101

Abstracts

Renata Śliwa, Piotr Waląg

The entrepreneur’s costs and barriers in Poland. A lexometric analysis for the period 1990–2024

Eliminating unnecessary regulations makes it easier for entrepreneurs to predict business outcomes and creates incentives for innovation. Complex regulations, excessive bureaucracy, and regulatory ambiguity create financial, formal, and organizational obstacles, slowing down economic growth.  The aim of this study is to analyze the costs and barriers to doing business in Poland between 1990 and 2024 using the lexometric method. The results indicate a dominant regulatory trend, accompanied by periods of deregulation with a possibly strong impact.

Damian Durlak

Regulations governing the performance of aesthetic procedures in Poland – legislative status

In doctrine, it is difficult to find clear and unambiguous definitions of aesthetic medicine procedures. There is also a lack of regulations that definitively specify who, and under what conditions, is authorized to perform such procedures. This leads to conflicts between various professional groups. Problems also arise in distinguishing whether individuals undergoing aesthetic medicine procedures are patients or merely clients.

Patrycja Niemiec

Spatial chaos as a manifestation of a public interest

The aim of this article is to demonstrate that, within the Polish legal system, the function of administrative law as a service to the individual and the community is fulfilled through the occurrence of spatial chaos. The discussion focuses on the analysis of doctrinal positions and case law concerning the implementation of spatial order, particularly through the principle of good neighborliness, as well as on the role of the right to property in Polish society.

Przemysław Krzykowski

Administrative proceedings conducted by the Agency for Restructuring and Modernization of Agriculture concerning the refusal to grant payments due to the creation of artificial conditions for receiving them – selected issues

The aim of this article is to attempt to characterize what a properly identified model for reviewing the legality of the activities of the Agency for Restructuring and Modernization of Agriculture should look like within the framework of procedural law in cases concerning the refusal to grant payments in connection with the finding that artificial conditions for receiving them have been created, as described in Article 4(3) of Council Regulation (EC, Euratom) No. 2988/1995 on the protection of the European Communities’ financial interests, and Article 60 of Regulation (EU) No. 1306/2013 of the European Parliament and of the Council on the financing, management and monitoring of the common agricultural policy.

Tomasz Szanciło

The consortium as a civil law partnership and the security of economic transactions

The consortium is a form of cooperation among entrepreneurs – contractors, which is particularly important in public procurement, as cooperation among several smaller entities increases their potential. The question arises as to what impact the choice of a civil law partnership as the form of cooperation within a consortium, particularly in the context of public procurement, has on economic turnover. The conclusion of a civil law partnership agreement affects not only investments involving public funds, but also the internal relations of consortium members, as well as the situation of other parties, primarily the orderer, but also other entrepreneurs who cooperate with consortium members in the performance of a public contract. This influence is visible primarily in the scope of the consortium members’ responsibility towards third parties. The qualification of a consortium agreement requires an analysis of its provisions in a specific case.

Stefan Płażek

Proposal of the Head of the Civil Service to amend the Civil Service Act

On April 21, 2026, a draft of a rather extensive amendment to the Act of November 21, 2026, on the Civil Service, authored by the Head of the Civil Service, appeared on the website of the government’s Legislation Center. The draft generated considerable interest in the legal press, due to the long-awaited steps to improve the functioning of the Civil Service. This text is an analysis of individual legislative proposals. Unfortunately, they do not address the main problems facing the civil service, primarily related to its insufficient autonomy from successive ruling political centers. In particular, it does not eliminate the system of appointments to senior public service positions or other instances of discretion in personnel matters. The draft contains some useful clarifications and simplifications of some existing procedures, which, however, does not negate its assessment as not very useful for improving the status and professional level of the civil service.

Piotr Świerczyński

Legal services for local government units in the face of attempts to politicize local government activities

The politicization of local government activity is visible and can be felt in various aspects of the functioning of local government units, including the impact on the provision of legal services by offices that constitute the auxiliary apparatus of these units. Lawyers (legal advisors or attorneys) serving local government units are often subjected to political pressure aimed at the specific form of a given legal service (legal opinions, statements during sessions of a legislative and supervisory body, the content of documents in court proceedings), often to the detriment of the very unit they serve. Meanwhile, the legal assistance provided should respect the legal advisor’s or attorney’s independence, and their opinions, statements, or written submissions should reflect their actual legal views on a given issue and not reflect the political line of the party or political party currently in power in a given local government unit. Legal services are provided for the benefit of the local government community of all residents of a given local government unit, not for the benefit of a specific political force currently in power. However, a lawyer who defies their employer’s political expectations currently faces severe consequences, and the legal guarantees for the independence of legal advisors and attorneys provided by law are insufficient to deter employer retaliatory actions. Therefore, it is necessary to examine the current legal regulations and their effectiveness in protecting the independence of legal services provided by local government units.

Paweł Cholewski

General control tasks of the Trade Inspection Authority

The study analyses the content and meaning of legal regulations expressing the general control tasks of the Trade Inspection Authority, which is a control body established to protect the interests of consumers and the state. The considerations characterise only unspecified control tasks, namely those authorising the Inspection to control the legality and reliability of entrepreneurs and to control products and services.

Paweł Romaniuk

Administrative and legal areas of conducting and omitting internal audit in public administration (selected issues)

Internal audit largely ensures the proper functioning of public administration entities. In the Public Finance Act, the legislator established the legal requirements for such entities to conduct audits. Audit activities are designed to support the manager of a public finance entity in achieving planned goals. This is achieved through systematic and reliable assessment of management control, along with improving the effectiveness of risk management processes. However, failure to fulfill internal audit obligations may result in a breach of public finance discipline.