Acta Universitatis Lodziensis. Folia Iuridica <div style="text-align: justify;"> <p>At the beginning<em>&nbsp;Acta Universitatis Lodziensis. Folia Iuridica</em> presented articles of academics from Faculty of Law and Administration UŁ only. Since several years the articles are being published by all polish and foreign academics, too. Currently at the initiative of&nbsp;<em>Acta Universitatis Lodziensis. Folia Iuridica </em>Editors the articles have been grouped in the thematic structure and include not only jurisprudence issues from lawyers` point of view, but also philosophers, logicians, sociologists, psychologists, economists and at the same time becoming an interdisciplinary journal.</p> </div> Wydawnictwo Uniwersytetu Łódzkiego en-US Acta Universitatis Lodziensis. Folia Iuridica 0208-6069 Eric Voegelin’s Authoritarian State Against the Background of His Critique of Hans Kelsen’s Pure Theory of Law <p>The article refers to the issues presented in E. Voegelin’s <em>The Authoritarian State: An Essey on the Problem of the Austrian State</em>, which are important from the point of view of the theory and philosophy of law. Attention was paid to the criticism of H. Kelsen’s normativism and Voegelinʼs interpretation of the parliamentarism of the interwar Austria. This issue was placed against the background of the dispute over the Austrian state. The methodological aspect of the presented issue was especially taken into account. Some of the issues discussed were outlined against the background of the post-war works of E. Voegelin</p> Jan Okoński Copyright (c) 2023 2024-02-15 2024-02-15 105 5 17 10.18778/0208-6069.105.01 Procedure of Gender Change <p>Lately in Poland the topic of transgender is rising to the higher ranks then before. These paper presents legal aspect of sex change in Poland which is one of a few countries that does not address that issue in the statutory form but has only resolved it by jurisprudence. Author presents current procedure of changing gender in Poland and history of its evolution over the years. Procedure of sex change has been fully developed by jurisprudence based on art. 189 of the Civil Procedure Code which made numerous problems arise. All of them require addressing and will be covered in this article. Paper also shows most important judicature of The European Court of Human Rights and international law regarding transsexualism and legal aspects of it. Author concludes the paper by pointing necessary steps that Polish legislator should take in discussed matter.</p> Łukasz Krzyżewski Copyright (c) 2023 2024-02-15 2024-02-15 105 19 35 10.18778/0208-6069.105.02 Use of ICT Systems in Handling Monetary Civil Claims in Poland and England (United Kingdom): A Comparative Analysis <p>The article aims to compare how ICT systems are used in handling monetary civil claims in Poland and England through an analysis of both legal and technical regulations and limitations. This objective is achieved through critical analysis of existing literature together with the official documentation available for both systems, as well as direct inspection of the systems. As a result of said analysis, it is apparent that the system utilised in England, despite being significantly older than the Polish system, has much more technical limitations, although they are also clearly specified in the relevant law. On the other hand, some such limitations in the Polish system are not present anywhere in statute law. Nevertheless, both systems seem to be mainly designed for handling smaller claims and reducing the amount of mainly administrative labour that was usually done manually by the court staff. In conclusion, some <em>de lege ferend</em>a propositions and future suggestions were formulated for both systems arising chiefly from the results of the comparative analysis.</p> Franciszek Skawiński Copyright (c) 2023 2024-02-15 2024-02-15 105 37 53 10.18778/0208-6069.105.03 Future Regulation of Partnerships in Poland in the Face of „Traditional Family” Politics <p>The article examines the new wave of social issues in the form of informal relationships and confronts it with rather a conservative approach of Polish politicians and their „traditional family politics.” The article tries to analyze whether the current approach and legislative activity is effective or prolongs the inevitable – novelization of the Polish legal system in the scope of recognition of cohabitation. The author recognizes the phenomenon of informal relationships and provides insight into the current state of legal regulation to describe issues beneath it. The author focuses on civil law solutions as they regulate the majority of partnersʼ everyday life. Then discusses the so-called „traditional” approach to the subject of family and relationships by analyzing politiciansʼ public statements axiology of Polish law, the position of the church and regulations proposed for partnerships. Finally, the author confronts it with social expectations arising from the data provided by CBOS and GUS. The analysis provided in the article leads to the conclusion that current politics cannot change the widespread of social phenomena such as partnership, and thus, the legislator must search for new legal solutions.</p> Aleksandra Lewandowska Copyright (c) 2023 2024-02-15 2024-02-15 105 55 71 10.18778/0208-6069.105.04 The Institution of Dismissal of a Claim as Clearly Unfounded as an Created by the Legislator a Potential Mechanism to Interrupt the Limitation Period Without Incurring Any Costs? <p>In 2019 into the Polish civil procedure the institution of dismissal of a claim as clearly unfounded was introduced. Within the framework of this article, the author intends to present and consider one seemingly unplanned effect, to which the introduction of Art. 191<sup>1</sup> k.p.c. may lead, i.e. consequence in the form of creating, under certain circumstances, a mechanism enabling the entitled person to interrupt the limitation period without incurring any costs. As this was not the purpose of introducing the considered institution, the rest of the article considers, on the basis of procedural law, how such an unwanted effect should be avoided.</p> Tomasz Tomczak Copyright (c) 2023 2024-02-15 2024-02-15 105 73 85 10.18778/0208-6069.105.05 Systemic Determinants of the Scope of Application of the Legal Definition of „Beneficiary” under the Cohesion Policy <p>The general framework for spending the EU budget, adopted by authorized institutions, is to contribute to the implementation of the strategic development goals set by individual Member States. It is up to national legislators to develop and specify such regulations, who remain authorized to issue relevant normative acts in accordance with the applicable institutional and procedural autonomy (Galetta 2010). In the Polish legal system, the legislator adopts appropriate statutory regulations for each successive programming period of the EU budget. Under the cohesion a co-financing agreement and on the basis of an administrative decision has been retained. So far, the concept introduced in this way had different meanings depending on the content of the provisions formulated by the EU legislator and the national legislator. Therefore, it was necessary to take into account the definition of „beneficiary” contained in both separate provisions of national law and European law, often also taking into account the specificity of the purpose of individual funds. The legal definitions introduced in this respect had a specific scope of validity. However, it was not always identical to the intentions of the national legislator. At the same time, there were systemic factors which, on the one hand, extended the scope of application of the introduced legal definitions, and, on the other hand, limited them.</p> Robert Talaga Copyright (c) 2023 2024-02-15 2024-02-15 105 87 104 10.18778/0208-6069.105.06 Penal Measures in the Light of the Amendment to the Penal Code Of July 7, 2022 – Selected Problems <p>The subject of the article are the changes regarding penal measures resulting from the amendment to the Penal Code and some other acts of July 7, 2022. They constitute a far-reaching interference in the system of penal measures. Basically, they aim at increasing the repressive nature of criminal law by extending the grounds for adjudicating these criminal policy instruments and by introducing solutions limiting the judgeʼs discretionary power (mandatory mode of adjudicating many criminal measures). The aim of the article is an attempt to evaluate the adopted solutions through the prism of political and criminal assumptions justifying the introduced changes and the criteria of rational law-making.</p> Damian Szeleszczuk Copyright (c) 2023 2024-02-15 2024-02-15 105 105 122 10.18778/0208-6069.105.07 The Sustainability of Esas Triumvirate for Sustainability-Related Disclosures in the Financial Sector – All for One and One for All? <p>Sustainability is definitely one of the top priorities of the current highly competitive global society. For almost three decades, the EU has been declaring its commitment to sustainable growth, while progressively recognizing that the concept of shared values, the multi-stakeholder model and corporate social responsibility (CSR) are indispensable. The EU moved, in the context of the COVID-19 pandemic, the war in Ukraine and other events, from mere Directives to Regulations, i.e. the genuine reporting about sustainability is becoming a duty for certain businesses, especially in the financial sector. This political and legislative trend is boosted by the engagement of three special EU institutions (ESAs) entrusted with the development, standardization and monitoring of sustainability-related disclosures based on Regulation 2019/2088. Who belongs in this triumvirate? What are their competencies and tasks? And most importantly, how is this triumvirate and its operations perceived? A holistic multi-disciplinary research of legislative sources and performed surveys and studies yields both quantitative and qualitative data. An open-minded critical analysis of such data, along with a comparison, Socratic questioning and forensic glossing brings answers to these three burning questions and offers fresh recommendations regarding EU pro-sustainability endeavours as well as modern European integration.</p> Filip Rubáček Radka MacGregor Pelikánová Robert K. MacGregor Copyright (c) 2023 2024-02-15 2024-02-15 105 123 143 10.18778/0208-6069.105.08 Faces of Justice <p>Justice is undoubtedly the foundation of the existence and functioning of a democratic state under the rule of law, the formation of social relations, and an essential factor for building and deepening trust. In turn, the concept itself appears as undefined, vague, often described as unclear. Justice has had, has and probably always will have two faces – positive and negative. Under no circumstances should it be interpreted as a one-time, momentary burst of emotion, triggered by some impulse from the outside, but as a skill of reason acquired by long-term moral effortand will. Justice has accompanied mankind since the beginning of time. It is a peculiar phenomenon, the essence of which has been pondered over the centuries by the great minds of the world: philosophers, poets, biblical authors. Thinking about justice, we intuitively sense that it is one of the most important issues for humanity in general – an all-encompassing issue.</p> Robert Krasoń Copyright (c) 2023 2024-02-15 2024-02-15 105 145 165 10.18778/0208-6069.105.09 Remarks on the Concept of Defects of Consent in Polish and French Law <p>The aim of the article is to present the basic principles of the Polish and French law which determined the regulation of defects of consent in each of the legal orders. Firstly, the views of both systems on the concept of declaration of will, without which it is impossible to understand the construction of defects of consent, are presented. Next, the concepts of defects of consent adopted by the two systems are presented: normative in Polish law and psychological in French. The values protected by the construction of defects of consent are also identified and discussed. The general differences between the two systems in terms of the code regulation of such defects are explained. The reason for the consideration of the title issue is the reform of the French law of obligations made by the 2016 ordonnance which also included the regulation of defects of consent. It has been accompanied by a lively discussion that has enriched the body of French academic writings with new statements regarding the regulation of defects of consent.</p> Bartłomiej Dziedzic Copyright (c) 2023 2024-02-15 2024-02-15 105 167 183 10.18778/0208-6069.105.10 CEPEJ Gudelines for Mediation Resolving Administrative Disputes – A Comparison between Council of Europe States and Ukrainian Perspectives <p>The status of Ukraine as a candidate country for the European Union membership reinforces the need for comparative analysis between Ukrainian regulations and law of other EU Member States as well as European regulations. One of the fields of comparative law is a development of mediation for disputes covered by administrative law. It has already been a subject of interest and promotion to both – The EU and the Council of Europe, since European standards of democracy provide for state cooperate with citizens/individuals.</p> <p>The aim of this article is, to examine the main provisions, recommendations and best practices of the CoE member states, and to analyse the current practice and existing gaps in Ukraine in order to develop a proposal for effective implementation in the light of the most recent CEPEJ <em>Guidelines</em> promoting mediation to resolve administrative disputes. A comparative overview of this type of mediation regulations may be considered as <em>novum</em>. As for methodology, the paper is dominated by the logical-linguistic and comparative method.</p> <p>So far – though Ukrainian legal system is quite compatibile with the examined CEPEJ gudelines and provide for inter-branch solutions – the development of administrative and court-administrative mediation is quite resilient and there is still much to be done not solely with legal regulations, but also „mediation culture” in such field.</p> Alina Serhieieva Copyright (c) 2023 2024-02-15 2024-02-15 105 185 194 10.18778/0208-6069.105.11 From Maternal Preference to Shared Parenting: Child’s Well-Being. Lessons from the USA <p>The article concerns parenting after divorce or separation within the context of social changes. Special attention is paid to the principle of the welfare of the child, which is the most important criterion for deciding child custody. The child’s welfare is an open concept that grants a wide discretion to courts in choosing the best custodial arrangement for a child in a particular case. In this context, reference was made to the American experience on parenting after family break-up, separation or divorce. In the USA different theories were developed to explain which parenting model best fulfils the principle of the child’s welfare. This article discusses the tender years doctrine, primary care-taker preference, psychological parent doctrine and approximation rule. After a divorce, a mother was usually granted custody and a father paid child-support. He was placed in the background and excluded from the daily activities of his child. Currently, the theory of mother-nurturer and father-breadwinner is coming to an end; the father is no longer the only breadwinner responsible for providing the family an adequate standard for living, and the mother is no longer primarily responsible for the duties of childrearing and household chores. The changes taking place are reflected in struggling for equal treatment in the award of custody and abandoning the stereotypical approaches based on awarding custody automatically to mothers. A significant rise in the number of parents entering into joint custody arrangements is observed.</p> Katarzyna Kamińska Copyright (c) 2023 2024-02-15 2024-02-15 105 195 208 10.18778/0208-6069.105.12 Autonomy and Freedom – Correlation of Concepts in Political and Legal Doctrines <p>The aim of the article is to present the relation of significance between the concepts of autonomy and freedom in the context of political and legal doctrines. The analysis carried out serves to demonstrate that the concept of autonomy has a narrower meaning, included in a broader category, which is freedom. While the concept of autonomy is not identical with the negative approach to freedom, which boils down to having the widest possible spectrum of alternatives to choose behavior, it is expressed in the concept of positive freedom, which basically means independent control of one’s own behavior. Both concepts were examined only in the context of perceiving them as a human attribute. The methodology of the conducted analysis is based mainly on the concepts of Isaiah Berlin, Gerald C. MacCallum Jr. and Gerald Dworkin. The article also discusses the understanding of the concept of autonomy in selected judgments of the European Court of Human Rights.</p> Olgierd Górecki Copyright (c) 2023 2024-02-15 2024-02-15 105 209 220 10.18778/0208-6069.105.13 Conditions for the Use of Zero-Rating Packages in the Light of the Principle of Net Neutrality <p>The subject of the article is an analysis of the impact of zero-rating packages on the principle of net neutrality. This issue is of significant importance for the telecommunications and internet services market in the EU. The result of the research is to determine whether and under what conditions communication service providers can use zero-rating packages. Using a case study based on the case law of the European Court of Justice, the author considers the relationship between the essence of net neutrality and its role in the European axiological heritage.</p> Ewa Milczarek Copyright (c) 2023 2024-02-15 2024-02-15 105 221 231 10.18778/0208-6069.105.14 Artykuł recenzyjny monografii autorstwa Michała Ziółkowskiego pt. Odpowiedzialność odszkodowawcza za niezgodne z prawem działanie władzy publicznej. Studium z prawa konstytucyjnego. Warszawa 2021, Wolters Kluwer, ss. 516 Monika Haczkowska Copyright (c) 2023 2024-02-15 2024-02-15 105 233 243 10.18778/0208-6069.105.15