The article analyses the judgment in case file no. C-791/19 (European Commission v. Republic of Poland) in the context of contra legem judicature. It outlines the boundary between disciplinary proceedings, which are inconsistent with EU standards, and the control area necessary to maintain consistency and uniformity in the application of the law and its established interpretation. The article presents a thesis that the way in which the disciplinary liability mechanism protects the shape of established jurisprudence and limits political influence in the judiciary must also create instruments for controlling the actions of judges that are intentional and motivated by bad faith or exceptionally serious and grossly negligent violations of national and EU law. Firstly, the article proposes the creation of instruments of control complementary to the provisions of Article 19(2) of TEU and its interpretation, and secondly, it presents the definition of disciplinary offense in a sufficiently precise manner so as to balance the necessary control of judicature with the threat of excessive political influence.

The division of assets after the dissolution of a same-sex relationship generates an increasing number of problems in relation to the institutionalization of both same-sex and different-sex relationships in different EU countries. Polish law does not recognize civil partnerships or same-sex marriages. However, it has become more common for a same-sex partners from a marriage registered outside Poland to acquire rights under the rules of common marital property law in force in another country, which has legal consequences under Polish law. In practice, in day-to-day matters and in legal transactions, partners act on the basis of very specific powers of attorney, granting them a much wider range of rights than those to which spouses are authorized under the common marital property law.

The article focuses on the regulation of the article 8(2a) of the social insurance system of October 13, 1998, which is one of the most controversial provisions in the social insurance law. Under this provision a person who performs work under a civil law contract is also regarded as an employee if that person has concluded such a contract with an employer with whom he has an employment relationship or if under such a contract he performs work for an employer with whom he has an employment relationship. It has been accepted in the judicature that the effect of this regulation is that the employer is also the social security contributor on the employee’s income earned on the basis of the civil law contract concluded with a third party. The doctrine opposes this approach, recognizing the entity employing the employee under the civil law contract as the contributor in this situation. The difference between the doctrine and judicature is also observed in the understanding of the performance of work for the employer. In author of the article supports the stance of judicature which, in fact, protects the rights of an employee (an insured party); however, the author also recognizes and evaluates the opposing arguments raised by doctrine.

The legal protection of animals may be discussed on the grounds of branches of law such as civil law, criminal law or administrative law. Due to the essence of the protected “interest”, in this case animals, their protection in the most comprehensive way was provided by the norms of administrative law. The additional systematization of this form of protection is inscribed in the aforementioned administrative law. For this reason, it is possible to discuss e.g. regulations on the humane protection of animals, environmental protection of animals or protection of animal health. Such parts of administrative law can be referred to as its comprehensive sections.

At present, however, such a classification raises uncertainties – therefore, a division into comprehensive sections of administrative law was suggested. In the structure of such a section, to ensure better security of the protected interest, in addition to the typical norms of administrative regulations, there are norms from other branches of law, like civil law or administrative law.

The article analyzes the issue of conditions for the construction of individual recreation houses and their influence on the realization of the principle of sustainable development. While the construction works may be carried out through a pre-construction notification of works, which is a faster and more informal procedure, the location of individual recreation houses is regulated by general conditions. This means that such development must comply with the local zoning plan. In the absence of such a plan, the location takes place on the basis of a decision on land development conditions. The implementation of the principle of sustainable development and the requirements of environmental protection is performed under the local spatial development plan. In reference to the decision on the conditions of development, the realization of this principle occurs to a much lesser extent.

The content of this article discusses the issue of control and supervision of the construction process with regard to construction units that have been fully excluded from ex ante rationing by architectural and construction administration authorities, i.e. they do not require a building permit or notification. The aim of the discussion is to indicate that such construction units are subject to control and supervision performed by the construction supervision authorities during the course of the construction works and during the operational use of the construction unit.

The subject of the gloss is the decision of the Polish Supreme Administrative Court concerning the admissibility of judicial control over inaction in the matter of taking the oath from an attorney-at-law, which determines the effectiveness of the constitutional personal right to a court. The content and arguments of the judgement have an impact on other procedures in which taking an oath is a necessary element of obtaining the right to practice a specific profession or activity. The author of the gloss expands the argumentation of the Polish Supreme Administrative Court on the necessity of pro-constitutional interpretation of the provisions of acts which expressis verbis do not provide for the right to submit a complaint against inaction in taking the oath from an attorney-at-law.

The author raises the issue of the interpretation of one of the prerequisites for removal from the trainee attorney-at-law list in the light of the Polish Supreme Administrative Court’s (NSA) judgment of October 16, 2018 (case file no. II GSK 2949/16), which is being reviewed – which is as follows: “unsuitability of a trainee attorney-at-law to perform the profession of an attorney-at-law”. The subject is a matter of interpretation which generates a number of doubts in the practical application of law. It is a vague terminology and at the same time it constitutes a basis for making decisions of great importance for members of the attorneys-at-law’ self-government (here: trainee attorneys-at-law), which are also subject to the judicial supervision. The author, in a partially critical gloss, indicates some reservations as to the interpretation adopted by the NSA, both concerning the legal nature of arbitrary administrative decisions issued in the sphere of administrative authority by the self-government of attorneys-at-law and the presented interpretation in terms of evaluating the determinant in the form of “unsuitability of a trainee attorney-at-law”. To achieve the assumed research goal, the gloss applies a dogmatic and legal research method as well as an analysis of court decisions.

The resolution of the panel of seven judges of the Polish Supreme Court of November 9, 2021 (case file no. I KZP 5/21) is of utmost importance for legal practice. In the resolution, the Polish Supreme Court assumed that a witness who gives false testimony out of fear of criminal liability shall not be subject to the offense under Article 233 § 1a of the Polish Penal Code if, in exercising their right to defense, they testify untruthfully or conceal the truth without at the same time exhausting the qualities of the offense defined in another provision of the aforementioned act. The Polish Supreme Court decided to make the resolution a legal principle. Another important resolution of the Polish Supreme Court is the resolution of the panel of seven judges of January 14, 2022 (case file no. III CZP 7/22). As indicated by the Supreme Court, the liability of the insurance company resulting from the contract of a compulsory third party liability insurance of motor vehicle owners covers damages caused as a result of the operation of the device installed in the vehicle, even if the vehicle did not fulfill the communication function at the time of the damage. However, in accordance with the resolution of the panel of seven judges of the Polish Supreme Court of December 8, 2021 (case file no. III CZP 83/20) – a correction of a press material may be signed by the attorney of the person interested in its publication (Article 31a (1) and (4) of the Polish Press Law Act).