Legal profession self-governments in the rulings of the Polish Supreme Court in disciplinary cases

The issue of the status of legal professional self-governments is not only of theoretical nature, but also is of significance for the practice of lawmaking in the area of regulations of the professions of public trust and disciplinary cases. This article examines three aspects. Firstly, it examines the possibility of deriving an obligation to establish self-governing bodies for certain legal professions directly from the Constitution. Secondly, it identifies the immanent competences of the professional self-government that the legislature cannot deprive it of. Thirdly, the article discusses the connections between the principle of autonomy of professional corporations and the restraint of the Polish Supreme Court in disciplinary proceedings.

Depriving a party of the opportunity to defend its rights as a reason for the nullity of proceedings as presented in the decisions of the Polish Supreme Court

Depriving a party of the right of defense may also provide grounds for reopening of legally finished proceedings. The court of second instance can take the invalidity of proceedings within the scope of the appeal even ex officio, and thus regardless of the pleas of the parties. It is not possible to create a register of factual situations in which a party was deprived of the right of defense because a completely new situation leading to the nullity may always arise. A broad register of possibilities causing the deprivation of the right of defense causes the fact that the charge of nullity on this ground is often raised in appeals, which is also reflected in the rich jurisprudence of the Polish Supreme Court on this issue. This article is an attempt to review, analyze and summarize important decisions of that Court referring to nullity of proceedings due to depriving a party of the right of defense.

The principle of openness in administrative court proceedings

On the basis of Article 15zzs4 of the Act of March 2, 2020 on special measures to prevent, counteract and combat COVID-19, other infectious diseases and emergencies caused by them, and in connection with the recurrence of successive “pandemic waves” in the fall of 2020, administrative courts began to cancel open hearings and ordered the proceedings to be held during closed door hearings. The aim of this article is to evaluate the aforementioned “COVID regulations” introduced into the Polish legal order which restrict the right of the parties to an open hearing of a case that is pending before administrative courts as well as an attempt to answer the question whether the way judges of administrative courts apply the aforementioned regulations in the era of the widespread epidemic conforms to the principles of a democratic state of law.

Institution of an expert in criminal and civil proceedings – similarities and differences

An expert in both criminal and civil proceedings is a qualified assistant of the court (or other procedural bodies) providing special evidentiary information. The opinion issued by him is an independent source of evidence of specific importance. Contrary to a witness, they are not providers of information about facts, but interpreters of these facts from a scientific and technical point of view. They must possess specialized knowledge and experience otherwise unavailable to other participants in the proceedings. The role and function of experts in criminal and civil proceedings are seemingly similar. However, each of these proceedings has many special regulations that cause significant differences in this respect. These differences are the focus of this study.

The issue of obtaining access to official notes of police officers in order to use them as evidence in a civil trial

The problem of obtaining access to official notes of police officers is an important practical issue, particularly in a situation where there is a need to use these documents in a civil trial. Such a document may constitute essential means of evidence in a civil trial, confirming the facts presented by a party to the proceedings. In practice, however, police officers do not always automatically provide access to the documents in question at the request of a party; therefore, the purpose of this article is to analyze the provisions under which a party may request access to such documents. The article examines the standpoint of the judicature, which indicates whether police officers are obliged to provide access to such documents to a party or third parties and whether such an action is consistent with the provisions of the GDPR as regards the protection of personal data.

Transfer of personal data to the United States after the invalidation of the decision regarding the EU-US Privacy Shield

The aim of this article is to provide a summary of the legal ground rules for the transfer of personal data to the United States following the ECJ declared the decision of the European Commission on the EU-US Privacy Shield program invalid. The author outlines the general principles of transfer of personal data to third countries in view of the regulations of Chapter 5 of the GDPR, analyzes the presumptions of the Privacy Shield program, and assesses the post-invalidation landscape. The author analyzes the Schrems II judgment, the complaint of M. Schrems, the questions submitted to the CJEU for a preliminary ruling, and describes the key points of the judgment in case file no. C-311/18. The article also provides a brief historical overview of the developments that resulted in the CJEU issuing the aforementioned judgment.

Possibility of applying Actio pauliana to the division of a capital company – selected issues

The topic of this article is the possibility of applying Actio pauliana to the division of a company with particular emphasis on the division by separation in the context of the findings of the judgment of the European Court of Justice of January 30, 2020, case file no. C-394/18. Per that judgement, the remedies provided in the sixth directive constitute only the required minimal level of protection that should be provided to the creditors of a divided company. However, that protection does not preclude the existence of a more extensive protection under national law, such as the rules concerning Actio pauliana. The article provides an answer to the question whether the Polish law regulations allow for granting this form of legal protection to the creditors of a divided company, and if it does, then in what way the claim should be formulated and which particular legal actions should be contested.

Practical aspects of supporting investments preventing the destruction of agricultural production potential under the Rural Development Programme for 2014–2020

The article focuses on the analysis of normative solutions contained in the Rural Development Programme for 2014–2020 regarding the aid instrument titled, “Support for investment in preventive measures, which aims to reduce the effects of probable natural disasters, adverse climatic events and disasters”. The purpose of the article is to try to answer the question of whether and to what extent the form of support mentioned above ensures the durability of farming for an agricultural producer. The analyzed RDP 2014–2020 action is implemented as a part of two operations, i.e. limiting the possibilities of the spread of African swine fever virus (ASFV) and protecting agricultural production against the effects of adverse weather phenomena. Creating favorable financial conditions in these cases and introducing clear legal regulations contributes to the increase of farmers’ interest in adopting specific attitudes towards active risk management of agricultural activity and thus further contributes to increasing their resilience to emerging crisis situations. This tool significantly affects the protection of the workshop of agricultural producers. Based on the analysis of the research material, final conclusions are presented, indicating possible recommendations that should be implemented when designing the framework for the future financial perspective of the European Union for 2021–2027.

Gloss to the Supreme Administrative Court of Poland judgment of April 21, 2016 – case file no. II GSK 2566/14

The gloss is an analysis and evaluation of the judgement of the Supreme Administrative Court of 21 April 2016, case file no. II GSK 2566/14. In this judgement, the Supreme Administrative Court of Poland adopted a view that distance sales of alcoholic beverages, including those made via the Internet, are illegal under the current provisions of the Act on Upbringing in Sobriety and Counteracting Alcoholism. In its interpretation of the law, the Supreme Administrative Court of Poland also referred extensively to the regulations of the Polish Civil Code on the sale agreement and the transfer of ownership of the sold item. The author critically evaluates the standpoint adopted by the Supreme Administrative Court of Poland. In author’s opinion, the interpretation of the law presented in the reasons for the judgement is law-generating in nature, leading to the creation of a legal norm which is not supported by the provisions of the Act. In author’s opinion, the Supreme Administrative Court of Poland wrongly equated the notions of a sale and the occurrence of the dispositive effect of a sale agreement, wrongly assuming that they occur at the same time and in the same place, which results in the assumption that the sale of an alcoholic beverage is effective upon the delivery of its object to the buyer at the place where the beverage is to be delivered. The position taken by the Supreme Administrative Court of Poland limits the constitutionally guaranteed freedom of business activity in a manner not supported by the Act.

Overview of the decisions of the Polish Supreme Court

The resolution of the Supreme Court of February 16, 2021 (case no. III CZP 11/20)is of utmost importance for legal practice, in which it was stipulates that a party who repaid a loan in performance of an invalid loan agreement is entitled to a claim for the repayment of the repaid funds as undue benefit (Article 410 § 1 in connection with Article 405 of the Polish Civil Code) regardless of whether and to what extent it is a debtor of a bank for repayment of the wrongfully received loan amount. The resolution of seven judges of the Polish Supreme Court passed on September 2, 2019 (court case file no. III CZP 99/18) has a certain significance to performing legal practice and activities. The resolution of seven judges of the Polish Supreme Court passed on December 9, 2020 (court case file no. III PZP 2/20) has a certain significance to performing legal practice and activities. According to the resolution of the Polish Supreme Court, a case related to the professional liability of sworn translators is to be examined by the criminal division of a court of appeal having jurisdiction over the place of residence of the sworn translator, pursuant to the provisions of the Act of June 6, 1997 – Polish Code of Criminal Procedure. It is also worth noting that the resolution of the Polish Supreme Court passed on March 9, 2021 (court case file no. III CZP 89/19) provides that in proceedings conducted under the Act of November 22, 2013 on proceedings against persons with mental disorders who present a threat to life, health or sexual freedom of other persons, the provisions of Article 2(3) of that Act (in connection with Article 730 § 1 and Article 755 § 1 of the Polish Code of Civil Procedure) do not provide a legal basis for granting an interim order to place the person concerned in the National Centre for the Prevention of Dissocial Behaviour.