Pub Date : 2022-11-14DOI: 10.17951/ppa.2021.4.111-128
Hanna Spasowska-Czarny
: The Białowieża Forest is a compact forest complex situated on the border between poland and Belarus. The polish part covers 62,000 ha, of which 10,500 ha is the area of the Białowieża national park. nature of the Forest is protected under applicable regulations of ordinances concerning the protection of species of plants, animals and fungi, and under planning documents containing protective tasks for Białowieża, reserves, habitats and species subject to protection in the area of natura 2000. One of the main priorities of nature protection in the Białowieża primeval Forest is the protection of the wisent (European bison), for which the Forest is the basic refuge. This is mainly due to the history of the species – it was here that the last free-living survivors were found and here the population was reproduced, first by breeding, and, finally, in free-living herds. The world’s wisent population in 2017 was about 6,000 individuals, with nearly 1,700 in poland. This state is a result of the implementation of many projects for the protection of the species, as well as close international cooperation. The significant increase in the number of herds and the population indicates the effectiveness of the activities carried out and the need to continue them.
{"title":"Restitution of Wisents in Poland: The Activities Aimed at Wisent Protection","authors":"Hanna Spasowska-Czarny","doi":"10.17951/ppa.2021.4.111-128","DOIUrl":"https://doi.org/10.17951/ppa.2021.4.111-128","url":null,"abstract":": The Białowieża Forest is a compact forest complex situated on the border between poland and Belarus. The polish part covers 62,000 ha, of which 10,500 ha is the area of the Białowieża national park. nature of the Forest is protected under applicable regulations of ordinances concerning the protection of species of plants, animals and fungi, and under planning documents containing protective tasks for Białowieża, reserves, habitats and species subject to protection in the area of natura 2000. One of the main priorities of nature protection in the Białowieża primeval Forest is the protection of the wisent (European bison), for which the Forest is the basic refuge. This is mainly due to the history of the species – it was here that the last free-living survivors were found and here the population was reproduced, first by breeding, and, finally, in free-living herds. The world’s wisent population in 2017 was about 6,000 individuals, with nearly 1,700 in poland. This state is a result of the implementation of many projects for the protection of the species, as well as close international cooperation. The significant increase in the number of herds and the population indicates the effectiveness of the activities carried out and the need to continue them.","PeriodicalId":298732,"journal":{"name":"Przegląd Prawa Administracyjnego","volume":"359 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121641506","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-11-14DOI: 10.17951/ppa.2021.4.11-23
Piotr Kobylski
{"title":"Binding Findings of a Final Conviction in the Light of Article 11 of the Law on Proceedings before Administrative Courts on the Example of the Right to Deduct Tax on Goods and Services","authors":"Piotr Kobylski","doi":"10.17951/ppa.2021.4.11-23","DOIUrl":"https://doi.org/10.17951/ppa.2021.4.11-23","url":null,"abstract":"","PeriodicalId":298732,"journal":{"name":"Przegląd Prawa Administracyjnego","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123829567","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-11-14DOI: 10.17951/ppa.2021.4.145-152
Jędrzej Owoc
subject of the commentary is the analysis of article 318 (1) of the EPa, which provides that an application for postponement of payment of an increased environmental fee (administrative civil penalty) should be submitted before the deadline for the payment. That requ-ires the explanation of the legal nature of the deadline for an application for postponement of payment of an increased environmental fee (administrative civil penalty), i.e. whether it is a substantive law or a procedural deadline. in the commented judgement the supreme administrative Court is in favour of a procedural deadline.
{"title":"Commentary on the Judgement of the Supreme Administrative Court of February 26, 2019 (II FSK 3436/18)","authors":"Jędrzej Owoc","doi":"10.17951/ppa.2021.4.145-152","DOIUrl":"https://doi.org/10.17951/ppa.2021.4.145-152","url":null,"abstract":"subject of the commentary is the analysis of article 318 (1) of the EPa, which provides that an application for postponement of payment of an increased environmental fee (administrative civil penalty) should be submitted before the deadline for the payment. That requ-ires the explanation of the legal nature of the deadline for an application for postponement of payment of an increased environmental fee (administrative civil penalty), i.e. whether it is a substantive law or a procedural deadline. in the commented judgement the supreme administrative Court is in favour of a procedural deadline.","PeriodicalId":298732,"journal":{"name":"Przegląd Prawa Administracyjnego","volume":"66 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128362123","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-11-14DOI: 10.17951/ppa.2021.4.81-94
Tomasz Pietras
{"title":"Formation and Operation of VAT Groups in Poland after January 1, 2023","authors":"Tomasz Pietras","doi":"10.17951/ppa.2021.4.81-94","DOIUrl":"https://doi.org/10.17951/ppa.2021.4.81-94","url":null,"abstract":"","PeriodicalId":298732,"journal":{"name":"Przegląd Prawa Administracyjnego","volume":"19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117246898","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-11-14DOI: 10.17951/ppa.2021.4.169-177
P. Szcześniak, Agata Lipińska
{"title":"Report on the 8th Polish National Scientific Conference “The Company Taxation”, Lublin, April 16, 2021","authors":"P. Szcześniak, Agata Lipińska","doi":"10.17951/ppa.2021.4.169-177","DOIUrl":"https://doi.org/10.17951/ppa.2021.4.169-177","url":null,"abstract":"","PeriodicalId":298732,"journal":{"name":"Przegląd Prawa Administracyjnego","volume":"143 2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123149286","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-09-05DOI: 10.17951/ppa.2020.3.201-219
A. Wąsowska
On 11 January 2018, the Act on amending certain acts in order to increase the participation of citizens in the process of selecting, functioning and control of certain public authorities was passed. The legislator decided that the new legal regulations in the local government system laws were to lead to an increase in the participation of citizens in the process of control and functioning of public authorities, thus, also of local government authorities. In addition, it was to contribute to an increase in the role of local communities in the process of electing bodies coming from general elections, as well as in the control of this process and the bodies responsible for the preparation and holding of elections. Among the “new” legal solutions that have come into force in the current term of the local government authorities (2018–2023), one should distinguish those thanks to which the scope of control powers of local councillors has been extended. These include, first of all, the right to obtain information and materials, access to the premises where these information and materials are located, and access to the activities of the local government office, as well as companies with the participation of local government units, commercial companies with the participation of local government legal entities, legal persons, as well as establishments, enterprises and other local government organizational units, in compliance with the provisions on legally protected secrecy, secondly, the right to address interpellations and inquiries to the village mayor (mayor, city president), starost or voivodeship marshal, thirdly, the obligation to establish a complaint committee, motions and petitions in order to consider complaints about the activities of the executive body and local government organizational units, as well as motions and petitions submitted by citizens.
{"title":"Are We Really Dealing with New Control Powers of Local Councilors?","authors":"A. Wąsowska","doi":"10.17951/ppa.2020.3.201-219","DOIUrl":"https://doi.org/10.17951/ppa.2020.3.201-219","url":null,"abstract":"On 11 January 2018, the Act on amending certain acts in order to increase the participation of citizens in the process of selecting, functioning and control of certain public authorities was passed. The legislator decided that the new legal regulations in the local government system laws were to lead to an increase in the participation of citizens in the process of control and functioning of public authorities, thus, also of local government authorities. In addition, it was to contribute to an increase in the role of local communities in the process of electing bodies coming from general elections, as well as in the control of this process and the bodies responsible for the preparation and holding of elections. Among the “new” legal solutions that have come into force in the current term of the local government authorities (2018–2023), one should distinguish those thanks to which the scope of control powers of local councillors has been extended. These include, first of all, the right to obtain information and materials, access to the premises where these information and materials are located, and access to the activities of the local government office, as well as companies with the participation of local government units, commercial companies with the participation of local government legal entities, legal persons, as well as establishments, enterprises and other local government organizational units, in compliance with the provisions on legally protected secrecy, secondly, the right to address interpellations and inquiries to the village mayor (mayor, city president), starost or voivodeship marshal, thirdly, the obligation to establish a complaint committee, motions and petitions in order to consider complaints about the activities of the executive body and local government organizational units, as well as motions and petitions submitted by citizens.","PeriodicalId":298732,"journal":{"name":"Przegląd Prawa Administracyjnego","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-09-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125849759","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-09-05DOI: 10.17951/ppa.2020.3.189-200
Jakub Szremski
The right of the individual to be heard is a principle that relates to both the right to a fair trial and the right to a trial. The adjudicating entity is required, regardless of whether it is a court or a public administration body, to enable the active participation of the entity in the proceedings. The right of an individual to be heard in the context of administrative law relates mainly to the procedural situation of a party to administrative proceedings. In jurisdictional administrative proceedings, a party is guaranteed a number of procedural tools to protect its rights. First of all, the party has the opportunity to actively participate in the ongoing administrative process. Provisions of administrative procedural law allow for the submission of evidence applications, explanations, participation in the taking of evidence, as well as access to the files of a pending administrative case. The right of the individual to be heard to a limited extent should also apply to material and technical activities. An individual should be guaranteed at least minimal procedural protection in a situation where administrative bodies perform material and technical activities directly affecting their legal situation.
{"title":"Undertaking Material and Technical Activities by Public Administration Bodies and the Right of an Individual to Be Heard","authors":"Jakub Szremski","doi":"10.17951/ppa.2020.3.189-200","DOIUrl":"https://doi.org/10.17951/ppa.2020.3.189-200","url":null,"abstract":"The right of the individual to be heard is a principle that relates to both the right to a fair trial and the right to a trial. The adjudicating entity is required, regardless of whether it is a court or a public administration body, to enable the active participation of the entity in the proceedings. The right of an individual to be heard in the context of administrative law relates mainly to the procedural situation of a party to administrative proceedings. In jurisdictional administrative proceedings, a party is guaranteed a number of procedural tools to protect its rights. First of all, the party has the opportunity to actively participate in the ongoing administrative process. Provisions of administrative procedural law allow for the submission of evidence applications, explanations, participation in the taking of evidence, as well as access to the files of a pending administrative case. The right of the individual to be heard to a limited extent should also apply to material and technical activities. An individual should be guaranteed at least minimal procedural protection in a situation where administrative bodies perform material and technical activities directly affecting their legal situation.","PeriodicalId":298732,"journal":{"name":"Przegląd Prawa Administracyjnego","volume":"79 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-09-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133558741","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-09-05DOI: 10.17951/ppa.2020.3.123-143
Jakub Polanowski
This article is conceptual in nature and addresses the application of the rules on the participation of participants in administrative court proceedings. The main thesis of the paper is based on the statement that a person who, as a party to administrative proceedings, was notified, pursuant to Art. 49a of the Administrative Procedure Code, of the activities of an authority by public announcement, may become a participant in administrative court proceedings after fulfilling the condition specified in Art. 33 § 1a of the Law on Administrative Courts Proceedings. The subsidiary thesis is that reasons of procedural efficiency require the adoption of such a limitation of the rights of the designated entities that will not infringe the essence of their right to a court and will not impede the exercise of that right by the parties and other participants to the proceedings. The purpose of this paper is to provide that Art. 49a of the Code of Administrative Procedure is one of the “special provisions” referred to in Art. 33 § 1a of the Law on Administrative Courts Proceedings. The reasoning adopted is based on the assumption that the interpretation of the above provisions should take into account both the requirements arising from the right of access to court and the right to be heard without unreasonable delay and the need to minimise the costs of proceedings. The described issue, based on national research, is of significant importance for practice and have not yet been discussed in more detail in the doctrine.
{"title":"Participants in Administrative Court Proceedings in Multi-Stakeholder Proceedings","authors":"Jakub Polanowski","doi":"10.17951/ppa.2020.3.123-143","DOIUrl":"https://doi.org/10.17951/ppa.2020.3.123-143","url":null,"abstract":"This article is conceptual in nature and addresses the application of the rules on the participation of participants in administrative court proceedings. The main thesis of the paper is based on the statement that a person who, as a party to administrative proceedings, was notified, pursuant to Art. 49a of the Administrative Procedure Code, of the activities of an authority by public announcement, may become a participant in administrative court proceedings after fulfilling the condition specified in Art. 33 § 1a of the Law on Administrative Courts Proceedings. The subsidiary thesis is that reasons of procedural efficiency require the adoption of such a limitation of the rights of the designated entities that will not infringe the essence of their right to a court and will not impede the exercise of that right by the parties and other participants to the proceedings. The purpose of this paper is to provide that Art. 49a of the Code of Administrative Procedure is one of the “special provisions” referred to in Art. 33 § 1a of the Law on Administrative Courts Proceedings. The reasoning adopted is based on the assumption that the interpretation of the above provisions should take into account both the requirements arising from the right of access to court and the right to be heard without unreasonable delay and the need to minimise the costs of proceedings. The described issue, based on national research, is of significant importance for practice and have not yet been discussed in more detail in the doctrine.","PeriodicalId":298732,"journal":{"name":"Przegląd Prawa Administracyjnego","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-09-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131213201","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-09-05DOI: 10.17951/ppa.2020.3.67-82
Jakub Ginszt
The COVID-19 pandemic has forced the public authorities to undertake numerous actions to counteract the spread of the SARS-CoV-2 virus. Protection of life and health has required the introduction of legally effective mechanisms that interfered with constitutional freedoms, including the freedom of economic activity. Restrictions and bans aimed at combating the epidemic were introduced in 2020 in the form of regulations issued on the basis of the Act of 5 December 2008 on preventing and combating infections and infectious diseases in humans, amended for the purposes of combating COVID-19. Its provisions gave the Council of Ministers the power to introduce temporary restrictions in carrying out specific scopes of economic activity. The frequently changed wording of the regulations resulted in interpretation difficulties in determining the scope of the restrictions. Justified doubts have been raised concerning the provisions of the Regulation of the Council of Ministers of 21 December 2020 on the establishment of certain restrictions, orders and bans in connection with the occurrence of an epidemic, relating to sports economic activities. The scope of the legal provisions differs significantly from the communications of the representatives of the Council of Ministers. The purpose of this article is to establish the actual scope of the restrictions on the conduct of sports facilities, established at the end of 2020.
{"title":"Restrictions on Sports Economic Activities Related to Counteracting COVID-19 – a Few Comments Regarding the Regulation of the Council of Ministers of 21 December 2020","authors":"Jakub Ginszt","doi":"10.17951/ppa.2020.3.67-82","DOIUrl":"https://doi.org/10.17951/ppa.2020.3.67-82","url":null,"abstract":"The COVID-19 pandemic has forced the public authorities to undertake numerous actions to counteract the spread of the SARS-CoV-2 virus. Protection of life and health has required the introduction of legally effective mechanisms that interfered with constitutional freedoms, including the freedom of economic activity. Restrictions and bans aimed at combating the epidemic were introduced in 2020 in the form of regulations issued on the basis of the Act of 5 December 2008 on preventing and combating infections and infectious diseases in humans, amended for the purposes of combating COVID-19. Its provisions gave the Council of Ministers the power to introduce temporary restrictions in carrying out specific scopes of economic activity. The frequently changed wording of the regulations resulted in interpretation difficulties in determining the scope of the restrictions. Justified doubts have been raised concerning the provisions of the Regulation of the Council of Ministers of 21 December 2020 on the establishment of certain restrictions, orders and bans in connection with the occurrence of an epidemic, relating to sports economic activities. The scope of the legal provisions differs significantly from the communications of the representatives of the Council of Ministers. The purpose of this article is to establish the actual scope of the restrictions on the conduct of sports facilities, established at the end of 2020.","PeriodicalId":298732,"journal":{"name":"Przegląd Prawa Administracyjnego","volume":"58 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-09-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126348927","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-09-05DOI: 10.17951/ppa.2020.3.161-187
Dominik Seroka
The subject of this study is to examine the possibility of holding members of the collective bodies of the self-government of the National Bar of Attorneys-at-Law to disciplinary action for decisions made by the body on which they sit. The key question that can be asked in this respect is: Can an attorney-at-law who is a member of the Bar Association of Attorneys-at-Law or the National Bar Council of Attorneys-at-Law be held liable in disciplinary action with a decision made in a collegial manner by an authority in whose structures is a member?
{"title":"Disciplinary Liability of Members of Collective Bodies of the Self-Government of Legal Advisers","authors":"Dominik Seroka","doi":"10.17951/ppa.2020.3.161-187","DOIUrl":"https://doi.org/10.17951/ppa.2020.3.161-187","url":null,"abstract":"The subject of this study is to examine the possibility of holding members of the collective bodies of the self-government of the National Bar of Attorneys-at-Law to disciplinary action for decisions made by the body on which they sit. The key question that can be asked in this respect is: Can an attorney-at-law who is a member of the Bar Association of Attorneys-at-Law or the National Bar Council of Attorneys-at-Law be held liable in disciplinary action with a decision made in a collegial manner by an authority in whose structures is a member?","PeriodicalId":298732,"journal":{"name":"Przegląd Prawa Administracyjnego","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-09-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114964914","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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