The research objective of the publication is expressed in its content devoted to the general analysis of the solutions adopted in the draft regulation of the European Union on the digital asset market. The entry of this legal act into force will fill the so-called ‘regulatory gap’ as the digital asset sector is not regulated in the EU. The research approach has been determined by the subject of the legal analysis, namely the provisions of the proposed new EU regulation on the digital asset market. The study describes the proposed legal regulation and its systemic importance, as well as indicates the similarity of the proposed solutions to well-known legal institutions in the area of the capital market. The main theses are as follows: the proposed legal act will order the digital asset market in terms of law (firstly); the proposed legal act in terms of content is based on solutions provided for in the capital market law (secondly); the proposed legal act provides for legal institutions ensuring the so-called safety of trading (thirdly). The results should be considered original because the publication constitutes a pioneering study on the proposed legal act. With its entry into force (the date is unknown), a discussion on specific topics will begin in the science of law. Therefore, it is worth speaking up and evaluating the proposed regulation before the new law is passed. The cognitive value of the publication results from its pioneering nature, and the impact on social relations is significant. The digital asset market is developing extremely dynamically, and the interest in this sector is very high.

The aim of the research was to identify conditions and forms of international and cross-border cooperation of Polish higher education institutions (HEIs). In order to achieve the goal, the formal-dogmatic method was applied, analyzing the literature on the subject, the law (mainly Polish law), as well as various statements and press releases. A request for public information was also used. The article was divided into three parts. The first one concerns the conditions of international and cross-border cooperation of Polish HEIs. The next part covers the forms of cooperation identified by the author, and the last one refers to the formula of the European Grouping of Territorial Cooperation as a form of international and cross-border cooperation of HEIs. The results of the research show that international and cross--border cooperation of Polish HEIs is based primarily on national law, which, however, is characterized by high variability, which does not favour building stable relations. The cooperation of HEIs takes various forms, from non-institutionalised to quasi institutionalised and institutionalised. Polish HEIs are trying to join the internationalization process, and the availability of external funding is conducive to gradual institutionalization of international and cross-border cooperation
of HEIs. There is a scarcity of studies on the subject, therefore the article may be
of great cognitive value to legal science, especially in Poland, but also abroad (for
scholars conducting comparative research).

The paper is devoted to selected issues concerning acts from the same day, i.e. 29 July 2020: the Electronic Communications Law, and the act introducing the Electronic Communications Law. Both drafts have been prepared in connection with implementing the provisions of Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 2018 Establishing the European Electronic Communications Code (‘the EECC’) into the Polish legal order. Only selected issues from both draft acts were presented, for which the basic selection criterion was their significant practical importance in terms of their influence on the functioning of the telecommunications market in Poland. The purpose of the analysis and research was to answer the question whether the proposed regulations were compliant with the EECC and whether, from the perspective of the requirements of practice, effective solutions had been adopted. The analysis was based on comparing the projected EECC regulations and on possible practical consequences after their implementation. The analysis covers the projected provisions – from the Polish law and the EU law. The conducted analysis indicated a need for modifying them, in particular: imposing security obligations; the scope and manner of replacing the existing documents for customers with new ones; the conditions of customerv ideo verification; transitional provisions. The article presents proposals for specific amendments to the projected provisions. The presented issues are not only of theoretical importance, but also of great practical importance when it comes to the functioning of the telecommunications market and, above all, when it comes to customerswho use telecommunications services

Fixed establishment (FE) is one of the institutions of the EU value added tax system; its structure is essential to correctly determine the right tax jurisdiction of an EU Member State for the purpose of VAT settlement in situations of cross-border provision of services. However, the legal structure of a FE adopted by the EU legislator (and, consequently, adapted to national legislation of the Member States) causes uncertainty when it comes to its interpretation. In the absence of unambiguously defined conditions in EU law to consider a specific presence and activity of an enterprise to be a FE, interpretation rules contained in judicial decisions
issued by the Court of Justice of the EU play an important role. Among attempts
made by the CJEU to clarify the ‘blur areas’ resulting from the dynamics of modern
business processes, one of the most interesting ones is the possibility of considering
a subsidiary to be a fixed establishment for a parent company. The purpose of this
paper is to analyse legal and economic factors, the fulfilment of which may constitute a condition for considering a subsidiary to be a fixed establishment for
a parent company, with particular emphasis on the ruling of the Court of Justice
of 7 May 2020 in the Dong Yang case (C-547/18).

One of the main provisions in shaping legal obligations between the parties is the freedom of contract. Although the parties are free to choose the provisions of their agreement, the content and the aim of the contract cannot contradict the essence and nature of the contract of employment, the act and the principles of the community life. Thereby, in order to engage an employee based on a long term contract of employment for a specified period, along with a short, two weeks notice termination period, justified and rational presumptions should be in place. In other words, taking into consideration current provisions of law, long term contract of employment is acceptable; however its validity is depended on the circumstances of each individual case.

The article attempts to confront the concepts relating to the force of res judicata and its subjective limits present in the doctrine and jurisdiction with the current wording of the provisions regulating this institution and the provisions concerning enforcement-warrant proceedings which ensure a possibility to pursue a claim indicated in a judgment having the force of res judicata through enforcement proceedings. In the following article, the author presents the existing assumptions of the doctrine regarding mutual relations between the validity of judgment and the authority of res judicata. The author also analyses the possibility of granting the enforcement order against as well as in favour of a third party intervener, but also a uniform participant not indicated in the operative part of the judgment from the standpoint of the doctrine and jurisdiction. Taking into account the above mentioned considerations, the author concludes that in the light of the existing regulations, the concept of the force of res judicata whose subjective scope is limited to the parties to the proceedings indicated in the operative part of the judgement seems to be the most adequate.

These standards were introduced at four international organizations and supranational associations: 1) the European Union; 2) the Council of Europe; 3) the Organization for Economic Cooperation and Development; 4) the Commonwealth of Independent States. The article states that the key reason for the introduction of standards for the regulation of lobbying at the international level was considerable corruption in the adoption of legal acts. It is concluded that latent and unregulated lobbying can seriously undermine public confidence in the institution of government, especially in the countries of the so-called “new democracy”. International regulation of lobbying takes the form of resolutions, procedural rules, guidelines, recommendations and model legislation. Notably, the first steps towards international regulation of lobbying were taken by the institutions of the European Union. Today EU standards for the regulation of lobbying is based on a series of articles set out in the EU-founding treaties and the Charter of Fundamental Rights of the European Union. EU standards for the regulation of lobbying influence not only the EU Member States, but it also extends to EU Partner Countries. Significant steps in the implementation of international standards for the regulation of lobbying are being constantly carried out by the Council of Europe. The establishment of CE standards for the regulation of lobbying is reflected in the activity of statutory bodies of the Council of Europe and its semi-autonomous bodies. In recent years a lot of work on the strengthening of international standards for lobbying regulation has been done by the Organisation for Economic Co-operation and Development. To help address the concerns with transparency and integrity in lobbying, the OECD Member Countries adopted in 2010 a Recommendation on Principles for Transparency and Integrity in Lobbying as guidance to decision-makers on how to promote good governance in lobbying. Another international organization, which began to regulate actively the practice of lobbying is the Commonwealth of Independent States. In order to intensify the work concerning legislative regulation of lobbying in the member countries of the CIS, at the XXII Plenary Session of the Interparliamentary Assembly of the CIS member states the Resolution No. 22-16 of November 15, 2003 was adopted, which approved a model law “On regulation of lobbying activity in state authorities”.

The article is an attempt to problematize legal education in order to show its unconscious structures. Methodologically it is based on a Lacanian psychoanalysis, in particular on a three level concept of language. Considerations lead to the conclusion that the unconscious structure of legal education is opposed to conscious declaration. While declarations are talking about the transfer of knowledge, the real practices are based on enforcing discipline and subordination.

The article deals with legal education in the Duchy of Warsaw (1807–1815), which was a transitory period between a feudal and modern state. The urgent need for institutional education of a state personnel resulted from existence of legal provisions stemming from several legal orders, divergence in qualifications of personnel in administration and judiciary, as well as a necessity for efficient implementation f Napoleonic law. Those circumstances were precisely diagnosed by the minister of justice. He initiated courses of law followed by the School of Law and School of Administration. As the Duchy’s territory was enlarged, legal teaching had place also at the university in Cracow. It seems that although the state existed for only a short period, a more or less cohesive governmental concept of legal education’s role existed. It was to serve mainly the development of the state and this utilitarian goal dominated. It is worth reminding that those first Polish endeavours in the field of modern legal education took place at the time of a public finance crisis. Although majority of income was devoted to military needs and many projects were put off until later, authorities noticed that for an efficient governing of a state a well-educated personnel is needed. At that time this belief was not common.

Although the 1928 Civil Code Project never came into force, it is considered to be the most important pre-WWII civil codification instrument, referred also in the legal practice, which was undeniably a high quality text with real scientific value. The proposed Civil Code also served as a model and point of reference for the two subsequent Hungarian Civil Codes (Law IV of 1959 and Law V of 2013, the later still in force). The project signaled the passing the borderline between a historical customary law and a codified private law. Its fate reflects all the difficulties of this transition. Conjuring this development and knowing the fate of this still of practical use today: on one hand we can identify the historical roots of continuity, on other hand we can investigate the reasons of discontinuity, which makes this debate very actual.

The Schengen legislation is an integral part of the EU law, which translates into a right to free movement within the “borderless area”. This right can be, however, restricted, especially in the light of threats to public safety and order – and, less frequently, to public health. The restriction imposed on account of the above has become an event without precedent in Schengen’s history of over 30 years. The legal measures implemented on borders are absolutely exceptional on a global scale. One of them is the temporary
estoration of control at the internal borders of the EU Member States. The other is the “restriction on non-essential travel to the EU”, meaning, in fact, closing of the EU external borders to citizens of third countries. One could propose a thesis that even the most significant achievements in the process of integration, including the Schengen Area, are temporarily inactivated in the face of an unpredictable supra-European threat. The mission of the EU and its Member States is to establish a new set of rules that will help the Schengen Area survive the early phase of the pandemic by suspending its main principles for some period of time. Will these new rules be extended? And if so – on what conditions? How will it affect the future of the Schengen Area? These issues have not yet been featured and discussed in scientific publications given the recency and relevance of the subject, neither have they been presented in a legal-dogmatic context

The article focuses on the normative, institutional, and operational design of the European Union as an area where a considerable part of internal security is based on state-of-the-art technologies and large-scale information systems. This is followed by an analysis of the legal challenges arising from the establishment of so-called smart borders, i.e. borders involving automated border control and the interoperability of all large-scale information systems.
The article poses two fundamental research questions. Firstly: how do these new phenomena affect the effectiveness of management of the external borders in the EU? Secondly: are the existing legal frameworks able to bear the changes that are occurring? It seems that the aspiration towards interoperability may cause tensions underlying the establishment and functioning of the area of freedom, security, and justice (AFSA) in the EU – if the EU’s information systems become more and more interoperable, then the EU legal order may become less and less consistent with them.

The subject matter of this paper is the analysis of the phenomenon of subordination
as a manifestation of the relationships between political authority and society and of the phenomenon of equality as an inherent right of individuals. The author has made an attempt to examine the mutual relationships between the two phenomena, especially from the perspective of the impact on the establishment of relationships between political authority and society.

The article deals with the issue concerning the place of the of sustainbale development
in the Polish Constitution. It will present the problem of sustainable development legal nature and its consequences. Obligations of public authorities regarding the implementation of sustainable development included in Article 5 of the Constitution, will also be considered with the background of the provisions contained in art. 74 section 1, 68 and 86 of the Constitution. The article will also contain references to contemporary understanding of sustainable development, which results from the acts of international law, including the Rio+20 Declaration and Agenda 2030. The aim of the above analysis is to indicate what shape it should be given today and how currently sustainable development should be understood. That should be the same an indication for public authorities what actions should be taken in order to respond the current understanding of sustainable development.

The choice of the formula of justice is being made by a law enacting body. In a democratic state parliament, or a political body is the main source of formulae of justice,
out of the nature of things dominated by political discourse. Here we touch the most significant problem of enacting fair and just law: considerations on the topic of justice reveal a connection of the choice of the formula of justice with philosophy. The compromise of philosophy co-acting in the twentieth century with totalitarian systems refuted then ultimately a myth about a possibility of direct translation of philosophical categories to political categories. The political practice of a liberal democratic state rejects the idea of metaphysics, which would determine the current purposes of the politics. There is a suggestion that democracy faces philosophy in the order of thinking. In spite of such attitude, the author decides to allow for philosophical establishing of the liberal-democratic state, but also allowing for the simultaneous realizing that it is by itself justified as the most reasonable political practice of the state. The philosophy may justify democracy only accepting in turn itself as a variant of a democratic discourse, although the only one which is able to have some distance to mere assumptions of philosophy, without ceasing in this way it is being a democratic discourse. Such philosophy is actually the hermeneutics of politics.

The aim of the present paper is to operationalise the concept of the political in
order to make it available as an analytical category for the critical study of judicial
decisions (case law). The concept of the political is understood here, following, in
particular, Chantal Mouffe’s agonistic theory, whereby it is a dimension of a social
antagonism. Such an antagonism can be played out not only in the process of
legislation (creation of abstract and general legal norms), but also in the process of
adjudication (the so-called ‘application of law’, which, however, always has a creative
element to it). As an analytical category, the political can be operationalised
in order to subject judicial decisions to a critique which goes beyond the question
of the ‘correct’ interpretation and ‘application’ of law in a given case, but puts in the
spotlight real social, political and economic conflicts that are at stake. The analytical
framework is exemplified by judicial decisions of the European Court of Justice.

In the article, I contrast the contemporary legal dogma with the challenges underlying the political nature of law and judicial practice. Both the Continental jurisprudence and the judicial decisions issued by European courts are dominated by the dogmatic current – and treated as politically neutral acts. My intention is to carefully verify this quite common belief in this paper. Making use of H. Berman’s views, I assume that the present shape of jurisprudence and the judicial practice based thereon have been established as a result of political conflicts and that the legal dogma is capable of neutralising and solving modern-day political conflicts precisely because of the qualities of the said shape. It is therefore both a political and an apolitical activity. But this paradox is only apparent. In its strive to keep its paradigm alive, the dogma should be flexible in reacting to the challenges occurring in its political environment. It can – and should – modify the “buffer” of the theory upon which it is set in order to retain its core. In the article, I try to answer the question about the boundaries of the possible adaptation of jurisprudence and juridical practice with respect to claims raised by the domain of politics – claims currently articulated as the strongest by the so-called critical theories of adjudication. The final part of the paper is an attempt – based on the example of theses formulated in monograph
by R. Mańko, W stronę krytycznej filozofii orzekania – to outline the said boundaries.

The problem of „honour"-related (or „honour"-based) violence is a phenomenon that crosses the boundaries of countries, cultures and religions. Usually it is tended to be connected with various regions of the Middle East, such as Jordan, Lebanon, Palestine, Iraqi Kurdistan. In Europe this issue has appeared in public debates at the beginning of XXI century and it was restricted to the migration context. Such categorization has resulted in the politicization of „honour" - related violence, which is manifested in the strong relation between state's undertaken actions and such factors as political line of a ruling party or public opinions. The aim of this article is to answer the question about legal regulation of this issue in the chosen countries of the Middle East and Europe: Lebanon, Jordan, Iraqi Kurdistan, the United Kingdom, the Netherlands and Germany. Such comparison will result in the identification of means and methods of combating this kind of violence that are used in practice. Moreover, it will enable the author to indicate whether the migration context has an impact on the differentiation of undertaken actions. The subject of the analysis will be the legal regulation and jurisdiction, as well as activity of various public and non-governmental institutions that are involved in the prevention of this problem. The result of the analysis leads to the reflection on the question if penal law is really the most effective instrument of solving this problem. Discussed matter fits into the wider context of an issue of use of law in order to achieve the aims of public policies.