This article concerns the problem associated with the nature of the institution of a petition for reconsideration of the case in view of regulation No 16 of the Administrative Procedur Code in the version before the amendment dated 3 December 2010, which entered into force on 11 April 2011. Despite the amendment, to this day the provision is the source of many disputes, which is reflected in a very non-uniform judicial practice. On the basis of this regulation can be observed, how defective constructed legal provisions affect the administration of justice and the application of the law by creating situations in which the courts take over the functions of law making. On the selected example is shown, how one decision of the Supreme Court, being the basis of decisions of courts of appeal, causes that victims defective administrative decision are charged with the responsibility for legislative errors. Knowledge of the matter, which is the subject of this publication, is extremely important for all practitioners as well as theorists of the law because of the importance of the issues, which accompany the main theme. The work is based on an analysis of the concept of finality and validity of administration decision and depth on theoretical consideration and extensive discussion of the judicial practice of administrative courts, civil courts and Constitutional Tribunal.

The subject of this article covers the relationship between literature and the law. An example of this text is The Code of Nature from 1755. Morelly’s composition is beauty, simplicity and sincerity. Morelly, and before him Rousseau, are the eulogists of Nature, exhorting us to live according to her eternal, immutable and perfect laws. On the other hand, he stays true to Cartesian tradition cult of reason and power. The Code of Nature shall be treated as the enlightenment utopia of a communist State. Life in accordance with Nature is a happy life To achieve this, the abolition of private property in social relations is required. The Code of Nature is seen as a harbinger of coming processes of codification and consolidation of the idea of modern constitutionalism.

Evidencing in medical trials for damages is difficult, and it requires not only knowledge in the field of law, but also in the field of medicine. The main impediment to fluent proceeding in medical matters which requires to be strongly emphasised is a vast difficulty for courts in taking evidence by an expert within reasonable time. Such evidence is generally necessary in every case because there is a necessity to learn medical facts from the perspective of specialist knowledge (Article 278 § 1 of CPC). The problematic nature of damages for so called medical errors has gained more and ore significance, both because of the growing number of claims and the damages paid in relation thereto and the rising costs of insurance against those events incurred by healthcare centers. In such legal circumstances, it is worth indicating the extent to which the evidence by an expert doctor is taken in medical proceedings and the significance thereof for a proper course of the proceedings. Nevertheless, frequently opinions by experts are rather far from being objective. Often, as a result of falsely interpreted solidarity of representatives of the profession, experts disregard the lack of knowledge and diligence of a doctor and the organisational omissions in health care centers. Their opinions are very often unclear ambiguous, posing different hypotheses and the possibilities of damage which do not assist the court in properly assessing the events in matters for compensation. Because of that, a higher standard of conduct for expert doctors should be considered, the manner in which they are appointed and an improvement of the effectiveness of their work

The authors – lawyers and licensed detectives – examine the topic of an ethic in detective’s profession from theoretical and practical grounds. Although the authors are well positioned to delve into theoretical aspects of this topic, thanks to their strong academic background, the key input into the research is the practical experience they have gained while performing the profession; the profession they sadly acknowledge have some imperfections as well. Based on their own experience and observations the starting point of their work is the study of detective’s profession ethos. The angle of their examination is different to a traditional approach presented in other’s publication available on the market. The authors, in an innovative and original way, claim that the detective’s ethos is a result of profession’s elitism and exclusivism. The profession’s ethos has to be examined in the light of legal grounds in the Polish law system, the Act of 6 July 2001 on detective services (O.J. 2002 No. 12, Item 110, as farther amended). An extensive analysis of the act, brought a conclusion, that detective’s profession is elite, although authors have noted that there are certain reservations on this thesis, however they have
asserted that the profession is not exclusive, which is reflected in the instances of some ethic and moral violations, the topics they strictly separate. The reason of the abovementioned shortcomings is not sufficiently stringent procedure of the profession’s recruitment, which is a consequence of an easier access to the detective’s license, granted by the Act of 13 June 2013 on deregulation of access to certain professions in Poland (O.J. 2013, Item 829), effective as of 1 January 2014. The authors call for restoration of previously existing restrictions with this regard. The authors notice as well that there is a politically-driven reluctance to empower the representatives of the private security sector, hindering the fulfilment of a social role the detectives play as the agents of public trust. The authors however do not omit in their work the acknowledgement of a good condition of polish detective sector which one can see in the comparative cross-country international examination. They point out to the benefits and opportunities stemming from this condition, partly noticed by The Polish Association of Licensed Private Investigators – the representative body of detectives in Poland, which not only became a member of The International Federation of Associations of Private Detectives but also adopted the Code of Detective’s Ethics. The former is a unique opportunity to gain
expertise from international community as well as to share its own experiences, perhaps become a European leader setting internationals standards and guidance for the detective profession; the latter, authors believe, should be perceived as the code of exemplary conduct, one which all detectives shall follow. It is worth to mention that the mentioned Code of Detective’s Ethics is unique in its own nature on the Polish market as there is no other code encompassing the topic of detective’s ethic

This article seeks to explore the issue of the required form of agreement on the transfer of rights and obligations of a party to a contractual relationship by a third party, which in the Polish legal system functions as an innominate contract and is more common in foreign legislations (Vertragsübernahme, transfer of contract, cession de contract). This issue has been analysed taking into account the various possible configurations of parties to such an agreement as well as the various legal natures of the rights and obligations transferred. So far, this matter has not been thoroughly discussed in the Polish legal literature. According to the author, in line with the unity theory, an agreement on the transfer of rights and obligations of a party to a contractual relationship should be classified as a single legal transaction and not as two separate (independent) transactions of claim assignment (Article 509 of the Civil Code) and debt transfer (division theory). Therefore, it requires a written form otherwise being invalid. This requirement applicable to an entire agreement results from Article 522 sentence 1 of the Civil Code; it also meets less strict formal requirements regarding claim assignment (Article 511 of the Civil Code). In this paper, the author also discusses the question of whether Article 77 § 1 of the Civil Code and pactum de forma regarding amendments to an agreement (Article 76 sentence 1 of the Civil Code) apply to the form of the agreement in question.

The 2018 amendment of the Polish Electoral Code established the institution of electoral officials, who replaced the institution of electoral plenipotentiaries, existing since 1998. One of the main differences between the two institutions is that electoral officials may not work at commune offices in charge of preparing and holding election in the area of their jurisdiction. The aim of the adopted solution was to isolate local government administration from the election process. The article offers a critical analysis of the institution of electoral officials. The subject matter of the discussion is both the legal regulation and the conclusions drawn from the examination of the institution in question, conducted by the Stefan Batory Foundation after the end of the 2018 local government elections, when the electoral officials fulfilled their statutory duty for the first time. The discussion leads to the conclusion that the establishment of the institution of electoral officials was not well thought out, and actually took place without appropriate consultation. The provisions of the Electoral Code are often vague. They have not been clarified to a sufficient extent in the resolutions adopted by the National Electoral Commission either. It is reasonable to have electoral officials appointed for a six-year term of office by the Head of the National Electoral Office. What is surprising, however, is that electoral officials may run for an office during elections taking place in a constituency outside of their area of activity as well as engage in election cam paigns – except for their own campaigns – while they should remain completely impartial during the election. The vague status of electoral officials and of the principles of their remuneration made it very difficult to attract individuals willing to perform this function. The headcount originally assumed had to be reduced by half; now it is 2,600. It is also necessary to reconsider the number of electoral officials assigned to individual communes. A major flaw of the adopted regulation is the lack of a clear division of duties and responsibilities between electoral official and communes. All this casts a bad light on the institution of electoral officials. It is argued that they were poorly prepared to perform the duties they were entrusted with. They also lacked the necessary theoretical knowledge and were not familiar with local conditions and constraints. Therefore, instead of helping, they made the work of commune officials only harder. But the call for dissolving the institution altogether is not legitimate. It is necessary to return to the previous solution, where the electoral officials in a commune were the officials working at commune offices, regular employees of these basic local government units. In communes with larger populations, there may be even more such officials. It is essential to reinforce the status of electoral officials, which is why it is important to clearly definthe nature of their relationships with the commune heads (town/city mayors) as well as to strengthen their position and grant them authority in the field of duties carried out as part of elections and referenda over other commune officials. It is also requisite to appoint them for terms of office of a particular number of years, and remunerate them in fixed monthly amounts – with the amounts increased in periods of preparing and holding elections or referenda. Only this way will it be possible to have a proper Electoral Official Service composed of professional commune officials specialising in organising and holding elections and referenda.