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Publication date: 11.09.2024

Licence: None

Editorial team

Issue editor Karolina Rokicka-Murszewska

Language Editor Piotr Brodowski

Deputy Chairman of the Editorial Board Małgorzata Szwejkowska

Sekretarz redakcji Aleksander Jakubowski

Chairman of the Editorial Board Tomasz Scheffler

Issue content

Articles

Bogusława Dobkowska

Attorney-at-Law, 2 (39), 2024, pp. 11 - 23

https://doi.org/10.4467/23921943RP.24.013.20167
One of the basic constitutional principles is the principle of two-stage proceedings. Raising it to a constitutional rank demonstrates its importance. The adopted model of two-stage administrative proceedings intends to guarantee that the decision issued by the administrative authority will be consistent with the law. The means of such verification constitutes an appeal. The article aims to present the most important institutions related to the principle of two instances and analyze them. It is undoubtedly an appeal, but also a waiver of the right to appeal, an objection and a cassation decision (Article 138 § 2 of the Polish Code of Administrative Procedure), which is the most controversial. For this purpose, the author uses dogmatic and legal methods.
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Tomasz Tadeusz Majer

Attorney-at-Law, 2 (39), 2024, pp. 25 - 37

https://doi.org/10.4467/23921943RP.24.014.20168
One of the consequences of entering the Act of July 4, 2019, amending the Act on enforcement proceedings in administration and certain other acts into force, was the supplementation of the Act of June 17, 1966, on enforcement proceedings in administration with Art. 64cd. The new provision was an extension of the previous regulation contained in Art. 64c § 3 of the Act on the possibility of reimbursement of enforcement costs. This regulation also covered the procedure for appealing against a decision on reimbursing enforcement costs to the obligated party. It also specifies the principles for appealing against a separate decision on charging a creditor with enforcement costs reimbursed to the obligated party. The wording of the provision may raise doubts regarding the determination of the circle of entities that may challenge decisions on the reimbursement of enforcement costs to the obligated party.

The purpose of this article was, first of all, to discuss the current procedure for reimbursement of enforcement costs, as well as to demonstrate the linguistic interpretation of Art. 64cd of the Act on Enforcement Procedure. The author put forward the thesis that in the case of a decision to refund or refuse to refund the costs of enforcement proceedings. Although the legislator did not limit the category of entities entitled to file a complaint, this right may only be assigned to the beneficiary of the refund, the obligated party or the creditor, respectively.

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Mateusz Bartoszek

Attorney-at-Law, 2 (39), 2024, pp. 39 - 54

https://doi.org/10.4467/23921943RP.24.015.20169

The digitalisation of proceedings before the registry courts and the accompanying digitalisation of the registry files kept within the Polish National Court Register (“NCR”) has revealed the inadequate level of protection of processed personal data. There is “redundant” personal data available within the public register, the processing of which is not justified by any legal basis.

The law does not provide effective and adequate measures implementing the right to protection of personal data processed in the NCR system. Courts, being the controllers of the personal data processed within the digitalised NCR, are excluded from the supervision exercised by the public administration body appointed for this purpose – the President of the Personal Data Protection Office. The provisions of the Act on the common courts system introduce separate complaint proceedings and supervisory authorities in this respect. However, these solutions should be assessed critically, as they do not ensure effective protection.

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Weronika Szafrańska

Attorney-at-Law, 2 (39), 2024, pp. 55 - 67

https://doi.org/10.4467/23921943RP.24.016.20170
On January 1, 2024, the long-awaited changes to the Road Traffic Law came into force, imposing administrative fines on vehicle owners (former owners) for failure to notify about their purchase or sale. The penalty for failure to notify about the purchase of a vehicle has been replaced in the abovementioned regulations with a penalty for failure to register it. The penalty rates have also changed, and the obligation for co-owners to bear the penalty jointly and severally has been introduced. The legislator has also excluded the possibility of applying general provisions on penalties from Chapter IVA of the Polish Code of Administrative Procedure, including the possibility of waiving the imposition of a penalty. Although some of the changes should be assessed positively, some errors were highlighted in this article.
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Dominik Delczyk, Paweł Bury

Attorney-at-Law, 2 (39), 2024, pp. 69 - 78

https://doi.org/10.4467/23921943RP.24.017.20171
The article concerns the possible scope of application of the provisions of the Real Property Management Act to update the annual fee for the perpetual usufruct of real property included in the Agricultural Property Stock of the Polish State Treasury. The considerations undertaken concern, for instance, the scope of the reference expressed in Article 17b(2a) of the Act on the management of the agricultural real property of the Polish State Treasury, the admissibility of the application of Article 77 of the Real Property Management Act and its significance for perpetual usufructuaries.
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Joanna Zielińska

Attorney-at-Law, 2 (39), 2024, pp. 79 - 91

https://doi.org/10.4467/23921943RP.24.018.20172
The article analyzes the normative restrictions on the advertising of plant protection products addressed to the general public. The scale of sales of funds on the European market, including the Polish market, was presented. The main area of the author’s interest was the specificity of the functioning of the organs controlling the widely understood marketing of the discussed preparations. To this end, the available case law on violations of Art. 75 sec. 1 of the Act on Plant Protection Products is analyzed in detail, which allows the imposition of a sanction fee for advertising activities contrary to Art. 66 sec. 1 of the Regulation of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC.
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Witold Matejko

Attorney-at-Law, 2 (39), 2024, pp. 93 - 109

https://doi.org/10.4467/23921943RP.24.019.20173
The subject of the analysis is the provisions of the Railway Transport Act concerning the use of passenger stations by railway undertakings and the making available of passenger stations to carriers by their operators. These provisions have given rise to doubts, in particular about determining which areas of passenger stations remain available to the carrier under rules appropriate to a service facility and whether the mere fact that the carrier’s trains stop at a given station obliges the carrier to conclude a contract with the station operator for access to the facility. In addition, the nature of the amendment made to the Act in this regard came into force on April 17, 2020, which has been divergently assessed in the case law as either a normative change or merely a clarification. The analysis furthermore touches upon the issue of the facility access agreement, which, according to the provisions of the Act, should be concluded between the operator and the carrier, and the possible grounds for the operator to demand fees for access to the facility in a situation where such an agreement has not been concluded.
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Anna Wilk

Attorney-at-Law, 2 (39), 2024, pp. 111 - 126

https://doi.org/10.4467/23921943RP.24.020.20174
Bird’s nest custody is one of the versions of shared parenting. In this system, children stay in one house, and parents move in and out at different times. This form of custody is practiced in affluent Western countries, while in Poland it enjoys little interest due to the need to have free premises where the child could live and the costs associated with its purchase or rent. However, it is worth analyzing the current possibilities of establishing bird’s nest custody in the light of Polish law, as well as potential problems related to its application, because this model of shared parenting seems to be a good option for the child, as it has all the advantages of traditional shared parenting (ensuring contact with both parents, preventing isolation child from one of the parents), while eliminating its primary disadvantage, i.e. the child’s life instability, manifested in the need to move between two homes.
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Tomasz Łodziana

Attorney-at-Law, 2 (39), 2024, pp. 127 - 143

https://doi.org/10.4467/23921943RP.24.021.20175
The article is devoted to the problem of the so-called historical data, i.e. information obtained in the course of operational control, recorded on a specific data carrier before the date of ordering these operations by the court. The author focuses on the problem of understanding the concept of time of application of operational control, as well as pointing out the legitimacy of taking into account historical data from the perspective of the principle of subsidiarity. In the body of the study, the author also leans over the issue of the admissibility of such data in criminal proceedings, including making remarks against the background of historical data obtained throughout procedural activities. The article concludes with de lege ferenda proposals.
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Glosses

Artur K. Modrzejewski

Attorney-at-Law, 2 (39), 2024, pp. 145 - 153

https://doi.org/10.4467/23921943RP.24.022.20176
The judgment concerns the vital issue of covering only real property where residents live and parts of real property where residents do not live, the so-called mixed-use properties. This issue is of utmost importance both from the point of view of municipalities that organize municipal systems and residents who are direct beneficiaries of these systems.
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Wiktoria Kuczyńska

Attorney-at-Law, 2 (39), 2024, pp. 155 - 166

https://doi.org/10.4467/23921943RP.24.023.20177
The commented judgment concerns the issue of compensation from the airport in connection with the introduction of areas of restricted use of airports in Poland. The judgment is groundbreaking, as it contains a dissenting opinion from the previous position in similar cases. Thus, it breaks with the accepted and applied interpretation of the provision of Article 129 (2) of the Environmental Protection Law and consolidated case law indicating that the location of real property in an area of restricted use cannot be an autonomous basis for the award of compensation for a reduction in the value of real property.
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Jurisprudence

Kacper Milkowski

Attorney-at-Law, 2 (39), 2024, pp. 167 - 185

https://doi.org/10.4467/23921943RP.24.024.20178
The resolution of the panel of seven judges of the Polish Supreme Court of June 19, 2024 (case file no. III CZP 31/23) is of utmost importance for legal practice. In the resolution, the Polish Supreme Court assumed that the right of retention (Article 496 of the Polish Civil Code) does not apply to a party that can offset its claim against the claim of the other party. Another important resolution of the Polish Supreme Court is the resolution of the panel of seven judges of May 22, 2024 (case file no. III CZP 21/23). As indicated by the Polish Supreme Court, Article 115 of the Civil Code does not apply to the expiration of the limitation period. Moreover, in the resolution of April 11, 2024 (case file no. III CZP 47/23), the Polish Supreme Court decided that a soldier performing professional military service who is not an attorney or legal counsel cannot act as a legal representative of the Polish State Treasury in a civil case.
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Download PDF Tytuł pages PDF Download PDF Editorial Board PDF Download PDF Table od contents PDF Download PDF From Editors [PL] PDF Download PDF List of Reviewers PDF Download PDF Mission and objectives of the journal [pl] PDF Download PDF Mission and objectives of the journal [pl] PDF Download PDF Conditions and procedure for accepting the text [pl] PDF Download PDF Imprint page PDF

Słowa kluczowe: code of administrative procedure, principle of two-stage administrative proceedings, appeal, cassation decision, objection, the principle of equality, administrative enforcement, procedure, creditor, costs, reimbursement of enforcement costs, personal data protection, public registry, digitalisation of justice, public authority, judicial control of public authority, administrative fines, sale/purchase of a vehicle, vehicle registration, notification, administrative decision, perpetual usufruct, perpetual usufructuary, Agricultural Property Stock of the Polish State Treasury, agricultural land, update of the annual fee, plant protection products, advertising, European Union law, rail transport, platforms, passenger station, service facility, railway infrastructure, access to passenger station, facility agreement, bird’s nest custody, parents, child, divorce, investigative operations, operational control, rule of subsidiarity, historical data, estate where residents live, partly real estate where residents do not live, mixed-use properties, area of restricted use, compensation, real property, airports, Polish Supreme Court, judicature, criminal proceedings, civil proceedings, resolution, judgment