Rule of law and the scope of interpretation of legislative provisions in the process of judicial and administrative review. Remarks against the background of the phenomenon of „lawmaking” of administrative courts

The rule of law, as stipulated in article 7 of the Constitution of the Republic of Poland, is one of the fundamental principles shaping the functioning of public administration in the Republic of Poland. Legality of the functioning of public administration is also accepted as the basic criterion of judicial and administrative review of the actions taken by the administration. However, judgments of administrative courts often go outside the boundaries of findings that could be made based on linguistic interpretation of legislative provisions, by referring to the rules of the legal system, including in cases where no doubts exist with regards to the interpretation of provisions. The aim of this paper is to offer insight into the basis and nature of doubts encountered with regards to the admissibility of the use of non-linguistic interpretation by administrative courts where the use of such interpretation does not appear to be required.

Knowledge of the Polish language and the right to practice as a medical doctor. Notes on the margin of administrative court decisions

The article deals with standards of professional preparation of doctors in the scope of speaking and writing Polish. The thesis of the article is that this requirement is one of the elements of professional preparation which is not limited to knowledge but includes specific skills. Defining the threshold of minimum linguistic competence is a subtle matter. The study draws attention to the necessity of pragmatic approach to these requirements to the extent necessary to practice as a doctor or dentist. From the point of view of the doctor’s rights, a lot depends on the procedure of verifying the command of Polish language. Therefore, attention was paid to the jurisprudence of administrative courts in this area.

Human rights restrictions during the COVID-19 pandemic in Poland and Russia. Legal and comparative aspects

The study analyzed selected issues related to the scope of human rights and freedoms during the COVID-19 pandemic in Poland and Russia. The author wanted to compare the regulations issued by a Member State of the European Union and a country outside the European Union, often using undemocratic methods of exercising power. The work focuses on research problems related to the principles of protection, the confrontation of individual interests with the public interest, and the impact of the regimes introduced during the COVID-19 pandemic on human rights law in both countries. The thesis of the study is that in the event of a threat to public health, analogous restrictions on human rights are introduced both in an undemocratic country and in a country belonging to international structures identifying with democratic values. The state of the COVID-19 pandemic has exposed, and in some area even contributed to the creation of mechanisms reserved for crisis situations, posing a direct and real threat to public safety and health.

Legal-water assessment as a new legal and administrative instrument of surface water protection

The primary objective of the water protection in the Water Framework Directive No. 2000/60/ EC is to maintain and improve the water environment by achieving good water status. These provisions have been implemented into Polish legislation in the Water Law Act of 2017. These goals are achieved by the use of appropriate legal instruments as a system of water-law approvals, including a permit, notification and legal-water assessment. The subject of the analysis is water-legal assessments as a new legal and administrative instrument of water protection. The aim is to deter-mine the legal nature of water-law assessments and to indicate their role in the protection of surface waters. Obtaining this assessment is required for investments that may affect the possibility of achieving environmental goals. If the planned investment has a positive or no impact on the possibility of achieving the environmental goals, it seems that the legal-water assessment is made. In the case of a negative impact, the obligation to submit documents confirming that all measures are taken to mitigate the negative effects of the impact on the state of water bodies are imposed. In this way, the legislator strengthened the protection of waters by imposing the obligation to meet additional conditions for large-scale investments that have a negative impact on the water environment.

Limiting the admissibility of the form of an administrative decision

The admissibility of applying an administrative decision will be limited if this procedural form cannot be used in certain situations – where the legislator has excluded the possibility of issuing an administrative decision and replaced it with other non-procedural activities – material and technical activities. This limitation will also occur in the case of the so-called administrative power shifted in time, where the individual with his substantive legal activity will shape his entitlement – without the necessity of imperious interference by public administration bodies.

Dispute on a Popular Election of Judges in American Public Discourse during Period of “Jacksonian Democracy”

The article presents the debate that took place between supporters and opponents of popular election of judges in the United States during the so-called “jacksonian democracy” (also called populist democracy) from the early thirties of the 19th century to the outbreak of the Civil War. Starting from the presidency Andrew Jackson, the political fight between mere people represented by the Democratic Party, and the elites whose interests defended the Whigs Party took place in the US. The subject of the dispute has become a demand for a broader participation of the people to exercise power and democratization of the existing oligarchic republic, through the extension of electoral rights and widespread elections as methods of casting most public office. One of the subjects of the dispute during the state constitutional conventions was the issue of popular elections of judges. The implementation of popular election system demanded Democrats emphasizing the importance of democratic legitimacy for the independence of the judiciary and the development of the Judicial Review. Against the popular elections of judges were Whigs convinced that this will lead to the fall of authority of the judiciary and make it subject of Parties' competition. The author indicates that the debate ended with the victory of democrat postulates and introducing the popular election of judges in most states. However, lawyers participating in constitutional conventions, representing both Democrats and Whigs, have introduced a number of institutions ensuring the independence of the judiciary and the possibility of effective implementation of the judicial review. Political changes from the period of Jakcson’s democracy have contributed to raising the authority of the judges and strengthened the role of judiciary in the American political system.

The history, basic institutions and theoretical hubs of Hungarian communications market regulation

This study systematises and analyses one of the most important instruments of communications competition management in Hungary, “market regulation”, on the basis of public administration theory. In this context, it discusses in detail the basic theoretical issues of communications market regulation and market competition, the conceptual elements of ex ante asymmetric competition management, including the connections between general competition management and special communications competition management. The study systematises the tools of Hungarian communications market regulation, procedure types and the concept of significant market power in communications management on a scientific basis, and discusses the relevant enforcement practice in detail.

Democratic control over the armed forces in the legal order of the member states of the Council of Europe

The control of the military is an indispensable element of a democratic government. Author of the article says that the degree and type of such control will vary considerably according to the system of government, historical traditions and also cultural values. The democratic control over the armed forces has two dimensions, which both enhance and promote confidence – building and peace. The domestic dimension implies the primacy of the civilian general interest of the principles of a democracy over the military. The international dimension prohibits in general the threat or use of force against a State. The democratic control of the armed forces is a complex matter. The author has focused in particular on aspects related to the armed forces: ‘traditional’ issues such as military expenditure or military budget and appointment of top commanders and issues which correspond to the change in the role of the armed forces, both at national and international level. Indeed, since the end of the cold war, armed forces have undeniably undergone a profound shift in both the range and focus of their role. This refocusing of defence and security policy in many Council of Europe member States has led to more national participation in international peace missions. Likewise, the changing nature of the threats posed to national security and in particular the rise of international terrorism has resulted in the re-emergence of an international role of the army in many European states, which requires a specific control of the conditions by which a state uses the army in domestic issues.