Ius Novum https://iusnovum.lazarski.pl/iusnovum <p>Ius Novum (ISSN 1897-5577, online ISSN 2545-0271) is a peer-reviewed scientfic quarterly of the Faculty of Law and Administration of Lazarski University in Warsaw. It has been published since 2007.</p> en-US iusnovum@lazarski.pl (Jacek Dąbrowski, Ph.D.) iusnovum@lazarski.pl (Jacek Dąbrowski) Mon, 05 Jul 2021 00:00:00 +0200 OJS http://blogs.law.harvard.edu/tech/rss 60 Strengths and weaknesses of the Constitution of the Republic of Poland of 17 March 1921: Thoughts on the centenary of the Polish March Constitution https://iusnovum.lazarski.pl/iusnovum/article/view/1233 <p>The motive for discussing the issue of the Polish Constitution of 17 March 1921 is the centenary<br>of its adoption. But the aim is not just to remind the anniversary of one of the historic Polish<br>basic laws but also to draw attention, by the way, to a series of specific circumstances<br>surrounding its adoption, political consequences of its entry into force and, eventually, its<br>importance for the Polish constitutional system.<br>On the one hand, it was a constitution that became an apparent sign, even a symbol<br>of the revival of the Polish state, which, after over 100 years’ lack of independence (being<br>under the rule of Prussia, Austria and Russia from the late 18th century) and World War I,<br>was really striving to regain its independence (the Polish-Soviet War). On the other hand, the<br>Constitution was adopted during a hundred years’ discontinuity in its own constitutional<br>evolution, separated from its own tradition and deprived of its own experience in the<br>functioning of the then modern constitutionalism. Patterns had to be derived from outside.<br>And it was a real, fundamental dilemma because it was necessary to make a choice between<br>two basic options: a monarchy or a republic, a presidential (American) or parliamentary<br>(Anglo-French) system? And, against that background, fierce doctrinal and political disputes<br>broke out because neither the doctrine was really the country’s own nor the political system<br>was ultimately developed and tested.<br>Nevertheless, there was an enormous ‘appetite for a constitution’; an intensively restored<br>country could not lack it. The French culture, which was popular in Poland, played a decisive<br>role in the choice of the model of the French Third Republic, and the specific idealisation of<br>a parliament as a body of national representation resulted in the choice of a system with strong<br>legislative power and, in consequence, with weak executive power. What is more, the political<br>breakup did not allow for the formation of a parliamentary majority and, therefore, the<br>efficiency and stability of the government. Again, that led to fierce disputes. But amendments<br>to the Constitution were already adopted then and, as a result, a new act substituted for it in 1935. However, it adjusted to the trends of the 1930s in Europe instead of continuing<br>a democratic route in the political system.<br>The desired and long-awaited March Constitution, but criticised “before, during and after”<br>the time it was in force, remained a symbol of the Polish democratic constitutional thought,<br>which is still criticised.<br>The article presents the circumstances and atmosphere accompanying the adoption of<br>the act, the course of its adoption, basic principles and content of the Constitution, and<br>a series of accompanying opinions, criticism, and proposals of the then contemporary Polish<br>constitutional doctrine.</p> Maria Kruk Copyright (c) 2021 Ius Novum https://iusnovum.lazarski.pl/iusnovum/article/view/1233 Wed, 21 Jul 2021 00:00:00 +0200 Personal data processing by unmanned aerial vehicles’ operators https://iusnovum.lazarski.pl/iusnovum/article/view/1235 <p>This article will analyze the provisions and documents regarding the protection of personal<br>data when using an unmanned aerial vehicle, with particular emphasis on the obligation to<br>create the so-called Data Protection Impact Assessment in the event that operators perform<br>operations using drones which, due to their nature, scope, context and objectives, are likely<br>to result in a high risk of violating the rights or freedoms of natural persons.</p> Anna Konert Copyright (c) 2021 Ius Novum https://iusnovum.lazarski.pl/iusnovum/article/view/1235 Wed, 21 Jul 2021 00:00:00 +0200 Entrepreneurs’ secrets and trade secrets in cases concerning access to public information https://iusnovum.lazarski.pl/iusnovum/article/view/1236 <p>An entrepreneur’s secret is one of the grounds on which access to public information can<br>be refused. Administrative courts’ case law stipulates that two elements jointly constitute<br>an entrepreneur’s secret: a tangible one, e.g. a detailed description of the method of service<br>provision, its price and technical conditions of an undertaking, and a formal one, i.e. the will<br>to make some information data secret.</p> Przemysław Szustakiewicz Copyright (c) 2021 Ius Novum https://iusnovum.lazarski.pl/iusnovum/article/view/1236 Wed, 21 Jul 2021 00:00:00 +0200 Administrative preventive measures in Fiscal-Penal Code https://iusnovum.lazarski.pl/iusnovum/article/view/1237 <p>The article is devoted to the issue of administrative preventive measures in Fiscal-Penal Code, i.e. forfeiture of property and ban on doing business, exercising a particular profession or holding a specific post. The article presents thoughts on autonomous regulations of Fiscal Penal Code determining a catalogue of preventive measures in relation to fiscal offences (Article 22 § 3 FPC) and fiscal misdemeanours (Article 47 § 4 FPC), and detailed grounds for the forfeiture of property as a preventive measure in case of fiscal offences (Article 43 §§ 1-2 FPC) and fiscal misdemeanours (Article 47 § 4 FPC conjunction with Article 43 § 1 subsections 1, 2, 4 and § 2 FPC), as well as detailed grounds for ruling a ban on doing business, exercising a particular profession or holding a specific post (Article 43 § 4 FPC). In addition, the article discusses the issues connected with general grounds, adjudication time, and the use<br>of administrative preventive measures regulated in Criminal Code, the provisions of which concerning the above-mentioned matters were adopted to fiscal penal law (Article 20 § 2 FPL).</p> Marta Roma Tużnik Copyright (c) 2021 Ius Novum https://iusnovum.lazarski.pl/iusnovum/article/view/1237 Wed, 21 Jul 2021 00:00:00 +0200 Formation and diffusion of innovation in the court networks https://iusnovum.lazarski.pl/iusnovum/article/view/1238 <p>The article presents the issue of diffusion of innovation in the court networks in Poland<br>with the use of the resources of knowledge of management. Attention is drawn to possible<br>threats resulting from uncontrolled functioning of voluntary inter-organisational networks.<br>The diagnosis was based on the source literature research method. It showed that first of<br>all close cooperation within the created inter-organisational networks can produce the best<br>economic results for both organisations and their individual participants. However, it does<br>not concern networks working within the justice system because they do not aim to achieve<br>economic results but only to improve the mechanism of information and knowledge exchange.<br>Nevertheless, the need to improve the quality of adjudication cannot take place without the<br>implementation of improvements facilitating it and the introduction of innovations in the field<br>of management and diffusion of them in the court networks both horizontally and vertically.</p> Krystyna Kołodko, Aleksandra Laskowska-Rutkowska Copyright (c) 2021 Ius Novum https://iusnovum.lazarski.pl/iusnovum/article/view/1238 Wed, 21 Jul 2021 00:00:00 +0200 Open court principle in criminal proceedings and its limitation resulting from the declaration of an epidemic https://iusnovum.lazarski.pl/iusnovum/article/view/1239 <p>The subject of the article is to consider the possibility of limiting the principle of public hearing<br>in criminal proceedings in connection with the announcement of the epidemic in Poland in<br>2020. The author introduces the subject of openness as the main constitutional procedural<br>principle, indicates its rank in a criminal trial and describes possible exceptions to it. The<br>article presents a detailed analysis of the provisions of the Constitution of the Republic of<br>Poland and the Code of Criminal Procedure as well as the recommendations issued regarding the possibility of limiting the audience of hearings, based on the introduced special solutions<br>and actions minimizing the risk to public health, in connection with the risk of spreading virus<br>infections SAR S CoV-2. The content of the article ends with summary containing conclusions<br>and comments on the recommended restrictions on the public hearing.</p> Małgorzata Zimna Copyright (c) 2021 Ius Novum https://iusnovum.lazarski.pl/iusnovum/article/view/1239 Wed, 21 Jul 2021 00:00:00 +0200 Review of the resolutions of the Supreme Court Criminal Chamber concerning criminal procedure law in 2019 https://iusnovum.lazarski.pl/iusnovum/article/view/1240 <p>This scientific research-based article aims to analyse the resolutions and rulings of the Supreme<br>Court Criminal Chamber concerning criminal procedure law that were issued in 2019 as the<br>response to the so-called legal questions. They concerned the identity of an act (Article 14 § 1<br>CCP), the calculation of procedural terms (Article 123 §§ 1 and 2 CCP), the evidence obtained in<br>the course of surveillance (Article 168b CCP), the necessity of conducting the whole trial from<br>scratch (Article 437 § 2 CCP), specific legal questions asked by appellate courts (Article 441<br>§ 1 CCP), the scope of supplementing the justification of a sentence appealed against (Article<br>539a § 3 CCP), and specific and abstract legal questions asked by the Supreme Court benches<br>(Article 82 § 1 and Article 83 § 1 Act on the Supreme Court). The basic scientific aim was to<br>assess the validity of the interpretation of the provisions regulating the issues that were subject<br>to the Supreme Court’s judgement. The main research theses aimed to prove that the so-called<br>legal questions asked to the Supreme Court play an important role in ensuring uniformity<br>of common and military courts’ case law, because the Court’s reasoning is deepened. The<br>research findings are original in nature because they creatively develop the interpretation<br>contained in the analysed judgements. The extent of the research is mainly national. The article<br>is significant for the doctrine because it presents a deepened dogmatic analysis and a big load<br>of theoretical thought due to the fact that it is practically useful and enriches the Supreme<br>Court’s reasoning or presents the circumstances justifying different opinions.</p> Ryszard A. Stefański Copyright (c) 2021 Ius Novum https://iusnovum.lazarski.pl/iusnovum/article/view/1240 Wed, 21 Jul 2021 00:00:00 +0200 Gloss on the Supreme Administrative Court judgement of 25 November 2020, files No.: II OSK 1987/20 https://iusnovum.lazarski.pl/iusnovum/article/view/1241 <p>The gloss discusses legal consequences of the approval of a general plan of a public airport.<br>It concerns the necessity of suspending proceedings in the case of determining the conditions<br>of investment developments in the area covered by a general plan until the zoning scheme<br>is adopted in accordance with this general plan. Approving of the stance expressed in the<br>judgement of the Supreme Administrative Court, the gloss also presents calls for amendments<br>to the provisions of Act: Aviation Law concerning general plans of airports, as well as the<br>related provisions concerning areas limiting aviation obstacles. The author’s arguments<br>are based on the distinction between possible legal instruments laid down in aviation law<br>regulations in order to ensure the development of aviation infrastructure.</p> Piotr Kasprzyk Copyright (c) 2021 Ius Novum https://iusnovum.lazarski.pl/iusnovum/article/view/1241 Wed, 21 Jul 2021 00:00:00 +0200