1 (42)

2025

Publication date: 19.03.2025

Licence: None

Editorial team

Chairman of the Editorial Board Karolina Rokicka-Murszewska

Sekretarz kolegium redakcyjnego Cezary Błaszczyk

Deputy Chairman of the Editorial Board Aneta Giedrewicz-Niewińska

Language Editor Piotr Brodowski

Członek kolegium Jakub Janeta

Issue editor Karolina Rokicka-Murszewska

Issue content

Od Redakcji

Karolina Rokicka-Murszewska

Attorney-at-Law, 1 (42), 2025, pp. 7-9

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Articles

Władze publiczne wobec sygnałów obywatelskich – rozważania w kontekście transpozycji dyrektywy 2019/1937 o ochronie praw sygnalistów

Sławomir Czarnow

Attorney-at-Law, 1 (42), 2025, pp. 17-36

https://doi.org/10.4467/23921943RP.25.001.21367

Public authorities, broadly defined, receive a wide variety of citizen signals. The development of the institutions of the democratic state has resulted in a variety of procedures. The complaints and applications procedure is gradually being displaced by other methods, often more attractive, such as petitions or applications to the Ombudsman. The implementation of Directive 2019/1937 on the protection of whistleblowers has further increased the scope of public scrutiny of the implementation of public and economic tasks. However, increasing the effectiveness of the response to reported abuses requires adapting the obligations of public authorities and current procedures, especially complaints procedures, to current realities.

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Pełnomocnictwo procesowe w kontekście zarzutu potrącenia po wejściu w życie art. 203¹ K.P.C.

Paweł Wizental

Attorney-at-Law, 1 (42), 2025, pp. 37-57

https://doi.org/10.4467/23921943RP.25.002.21368

The provision of Article 203¹ of the Polish Code of Civil Procedure is a manifestation of the legislator’s efforts to regulate the institution of the procedural allegation of set-off, which is one of the defendant’s basic means of defense in a civil trial. The introduction of this provision has given rise to numerous problems in its practical application, including the issue of the type and scope of the power of attorney necessary for filing and receiving an allegation of set-off sensu stricto. Moreover, the entry into force of this provision has renewed the discussion in legal doctrine on the nature of the allegation of set-off, with increasing calls to revise the previous view of the purely material legal nature of the allegation of set-off in favor of a mixed (material-procedural) theory. The resolution of this issue remains important, as it also affects the assessment of the type and scope of the power of attorney necessary for the effective raising and receipt of the allegation of set-off by attorneys-at-law.

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Reklama zakładów bukmacherskich w Internecie

Michał Krzewicki

Attorney-at-Law, 1 (42), 2025, pp. 59-72

https://doi.org/10.4467/23921943RP.25.003.21369

Betting is a form of gambling, the advertising of which is subject to statutory restrictions, similar to tobacco products, alcohol, and medicines. The Gambling Act introduces a general ban on advertising these games; however, advertising mutual betting for which a permit has been granted is permissible, provided that the statutory conditions for such advertising are met (e.g., it is not directed at minors or does not present mutual betting as a form of relaxation or a way to solve financial problems). Advertising this type of activity on the Internet is particularly problematic given the ambiguous ban on such advertising in „public places.” A detailed analysis of the term „public place” has been carried out in legal literature and case law in connection with Article 141 of the Polish Code of Petty Offenses, which penalizes placing an obscene notice, inscription, or drawing in a public place or using obscene language. The arguments presented in this context against recognizing the Internet as a „public place” should also apply to the advertising of betting. Therefore, advertising such bets is permissible on the Internet since it does not constitute a „public place.”

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Dobrowolne poddanie się karze w postępowaniu wykroczeniowym

Jan Kluza

Attorney-at-Law, 1 (42), 2025, pp. 73-84

https://doi.org/10.4467/23921943RP.25.004.21370

In misdemeanor proceedings, the accused has the option to end the proceedings by voluntarily submitting to punishment. While in the context of criminal proceedings, consensual procedures are widely discussed in legal doctrine, in the case of misdemeanor proceedings, this issue has not yet been thoroughly analyzed. Due to emerging practical doubts in this area, a more extensive discussion is needed. Misdemeanor proceedings are less formalized and focused on speed. Therefore, the consensual procedures used in misdemeanor cases differ significantly from those in criminal proceedings.

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Stosowanie uporczywej terapii a prawo do umierania w spokoju i godności

Dorota Frańczak

Attorney-at-Law, 1 (42), 2025, pp. 85-96

https://doi.org/10.4467/23921943RP.25.006.21371

The constant advancement of medical sciences brings about legal issues that require regulation. New therapies and medications can affect the prolongation of life for patients with terminal illnesses. The first part of the article discusses the concept of „medical futility”. Next, it addresses matters related to human dignity. The final part concerns the right to die peacefully and with dignity. Discussing such a topic is of vital importance because the attitude of modern society towards death keeps changing. A better understanding of patient’s rights allows for respecting human dignity at the end of life. A better understanding of patient rights contributes to respecting human dignity at the end of life, particularly when a conflict arises between the duty of a doctor to save lives and the right of a patient to die in peace and dignity.

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Zastępstwo reprezentanta dziecka przez substytuta i aplikanta w postępowaniu sądowym

Stanisław Grzegórzko

Attorney-at-Law, 1 (42), 2025, pp. 97-113

https://doi.org/10.4467/23921943RP.25.007.21372

Taking into account the new institution of the „child’s representative” introduced into the Polish Family and Guardianship Code, this article discusses the requirements that must be met by a person who wishes to act in court proceedings and proposes a procedure for appointing a lawyer, attorney-at-law, or other entities for this role. The article also examines the possibility for the child’s representative to use a substitute and to be represented by a lawyer’s trainee. The scope of requirements for a person acting as a substitute in court has been characterized. The aim of this article is to answer the question of whether an attorney-at-law or a lawyer acting as a child’s representative in court proceedings can use a substitute and be replaced by a trainee.

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Instytucja ślubowania radcy prawnego w polskim porządku prawnym

Grzegorz Maroń

Attorney-at-Law, 1 (42), 2025, pp. 115-130

https://doi.org/10.4467/23921943RP.25.008.21373

The article presents the results of a study on the institution of the attorney-at-law’s oath. The formal and dogmatic analysis of the relevant statutory and deontological provisions is supplemented by an interpretation of these provisions in judicial practice. As part of comparative remarks, the attorney-at-law’s oath is compared with the regulation of oaths taken by other professional groups, particularly those practicing legal professions. The article discusses various issues, including the concept of the oath, the text of the oath, the date and manner of taking the oath, the consequences of taking or refusing to take the oath, the obligation to remain faithful to the oath, the possibility of concluding the oath’s text with a religious invocation, and the significance of the oath under the Code of Ethics for Attorneys-at-Law. In the author’s opinion, respect for the professional ethos expressed in the text of the oath depends primarily on a reflective approach to the act of taking the oath and the internalization of the values and attitudes it conveys

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Radca prawny Związku Polaków w Niemczech – dr Brunon Openkowski

Damian Szczepański

Attorney-at-Law, 1 (42), 2025, pp. 131-145

https://doi.org/10.4467/23921943RP.25.009.21374

The 100th anniversary of the establishment of the Association of Poles in Germany, which falls in 2022, inspires in-depth research into the forms of activity significant for the Polish minority in Germany and the organization during the interwar period. This article analyzes the importance of legal aspects for the activities of the Association of Poles in Germany between 1922 and 1939, both for its functioning and its role in protecting the rights of the Polish minority in Germany. From this perspective, the article presents the figure of Dr. Brunon Openkowski, the lawyer for the Association of Poles in Germany – a steadfast advocate for the rights of the Polish minority in Germany, who deserves to be remembered and recorded.

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Glosses

Dopuszczalność zawarcia umowy o pracę na czas pełnienia funkcji przez członka zarządu spółdzielni – glosa krytyczna do wyroku Sądu Najwyższego z dnia 14 grudnia 2023 r., I PSKP 34/22

Agnieszka Rzetecka-Gil

Attorney-at-Law, 1 (42), 2025, pp. 147-159

https://doi.org/10.4467/23921943RP.25.010.21375

The gloss addresses the issue of the admissibility of concluding an employment contract with a member of the board of directors of a cooperative for the duration of their term in office. The Polish Supreme Court has rejected the possibility of concluding such contracts under the legal framework in force since February 22, 2016. In this gloss, arguments supporting an alternative interpretation of the law are presented.

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Other

Sprawozdanie z konferencji „Aktualne zagadnienia odpowiedzialności cywilnej oraz dochodzenia i egzekucji roszczeń”

Agata Stróż

Attorney-at-Law, 1 (42), 2025, pp. 161-168

https://doi.org/10.4467/23921943RP.25.011.21376

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Jurisprudence

Przegląd orzecznictwa Sądu Najwyższego (styczeń–luty 2025)

Kacper Milkowski

Attorney-at-Law, 1 (42), 2025, pp. 169-182

https://doi.org/10.4467/23921943RP.25.012.21377

The resolution of the panel of seven judges of the Polish Supreme Court of January 15, 2025 (case file no. III CZP 17/24) is of utmost importance for legal practice. In this resolution, the Polish Supreme Court held that the amount of the guarantee sum for compulsory third-party liability (TPL) insurance contracts for motor vehicle owners, as specified in the regulations in force at the time of adjudication, may not constitute the sole criterion for valorization under Article 357¹ of the Civil Code. Another important resolution of the Polish Supreme Court is the resolution of the panel of seven judges of February 13, 2025 (case file no. III CZP 8/24). As indicated by the Supreme Court, granting a lessee of agricultural property owned by the Polish State Treasury – pursuant to Article 4(7) of the Act of September 16, 2011, amending the Act on the Management of Agricultural Property of the Polish State Treasury and certain other acts – the right to purchase the property by exercising the pre-emptive right provided for in Article 29 of the Act of October 19, 1991, on the Management of Agricultural Property of the Polish State Treasury does not impose an obligation on the other party to undertake actions aimed at concluding a sales agreement for that property.

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Title pages PDF Editorial Team PDF Editorial Board PDF Table of Contents PDF From Editors [pl] PDF Competition [PL] PDF Mission and objectives of the journal [pl] PDF Ethical principles of the quarterly journal "Attorney-at-Law. Law Review" [pl] PDF Conditions and procedure for accepting the text [pl] PDF Copyright page PDF

Słowa kluczowe: whistleblowing, whistleblower, complaint, petition, public authorities, citizen signal, set-off, allegation of set-off, creditor, debtor, court proceedings, gambling games, mutual betting, advertising ban, online advertising, application for punishment, misdemeanor proceedings, voluntary submission to punishment, consensual proceedings, medical futility, dignity, patient’s rights, right to die peacefully and with dignity, child representative, substitute, lawyer, attorney-at-law, trainee, legal representation, further power of attorney, attorney-at-law’s oath, attorney-at-law’s deontology, right to practice a profession, disciplinary liability, attorney-at-law, Association of Poles in Germany, lawyer, Polish minority in Germany, fixed-term employment contract, contract of office, determination of employment contract duration, Supreme Court, judicature, criminal proceedings, civil proceedings, resolution, judgment