Adam Mickiewicz University Law Review
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Legal Protection of Historical Sites and Cultural Artifacts in Poland and Jordan
No full textCultural heritage is created the axiological foundation of society. The pillars of each nation and ethnicity are built on traditional values and the legacy of ancestors passed from generation to generation. The aim of this article is to discuss the legal protection of historical sites and cultural artifacts in the light of Polish and Jordanian law. For this purpose, the arguments are supplemented with a comparative methodology. The Jordanian legislator adopted two concepts of antiquities–one broad and including any immovable or movable property that the state considers an antiquity, and the other narrow, limiting antiquities to what was created by humans. Since Jordan considers antiquities to be the public property of the state, they may not be seized or disposed of by sale or mortgage; individual ownership of antiquities is an exception, and the state places many restrictions on them. In Polish law, among the forms of protection of monuments, considerations are focused on entry into the register of monuments, recognition as historical monuments, and protection that affects the status of monuments. The article will provide examples of implementing provisions on bilateral cooperation between Poland and Jordan, in particular, in the cooperation developing in the sphere of culture
Recalibrating Pre-trial Detention in the EU: Key Findings and Recommendations from the RELEASE Project
No full textThis article presents the key findings of the EU-funded RELEASE project, which examined the use of pre-trial detention and its alternatives in five Member States: Bulgaria, Croatia, Greece, Poland, and Slovakia. It reviews the applicable European legal standards, analyses national practices, and highlights good practices identified over the course of the project. The article concludes with policy recommendations aimed at fostering a more consistent and rights-compliant use of pre-trial detention across the EU, through enhanced professional practice, targeted training, and awareness-raising
The Balance Between National Sovereignty and Economic Migration: Are Quota Systems Discriminatory and Do Foreigners Have a Right to Work Permits?
No full textThis article examines delves into the intricate regulatory framework of residence permits for non-European Union nationals, with a specific focus on quota systems of employment-based permits. Anchored in Article 79 of the Treaty on the Functioning of the European Union (TFEU), the research navigates the complex legal landscape that governs immigration policies. The study aims to critically analyse the extent of sovereign discretion exercised by Member States in issuing residence permits, with particular attention to potential discriminatory practices based on applicants’ national origins. Utilising the Czech Republic as a strategic case study, the research explores the nuanced variations in labour migration regulations across the European Union. The investigation seeks to unpack the significant divergences in national admission policies and permit allocation strategies, illuminating the multifaceted challenges inherent in managing cross-border migration. By examining legislative provisions and judicial interpretations, the article offers a comprehensive scholarly critique of contemporary immigration frameworks
The National Referendum in the Polish Legal Tradition
No full textThis article provides a concise historical-legal analysis of the national referendum in the Polish constitutional tradition from 1918 to the present. It examines how successive political systems—the Second Republic, the People’s Republic of Poland and the Third Republic—shaped both the normative framework and the practical functioning of the referendum. The study shows that despite its constitutional status as an instrument of direct democracy, the referendum has been used predominantly for political or legitimising purposes, with genuine civic participation being limited in practice. Only the 1997 constitutional referendum and the 2003 EU accession referendum fulfilled a substantive democratic role. The article highlights long-term patterns of instrumentalisation and the structural barriers that have hindered the consolidation of the referendum as an authentic expression of popular sovereignty
Prohibition of Discrimination on Grounds of Disability in Slovak, Czech, and Polish Labor Law
No full textThe article examines the prohibition of discrimination on the grounds of disability in Slovak, Czech, and Polish labor law, with a particular focus on the definition of disability and its alignment with European Union law. While Slovakia and Poland emphasize a formalized recognition of disability through administrative decisions, Czech legislation provides a more material definition consistent with the case-law of the Court of Justice of the European Union. The comparative analysis highlights differences in legal frameworks and the challenges of harmonizing national concepts with the EU’s substantive approach. The study underscores that effective protection requires not only legislative transposition of Directive 2000/78/EC but also its practical implementation, aiming to ensure both formal and substantive equality in employment for persons with disabilities
The Defendant’s Attitude During the Main Trial and Its Impact on the Verdict: An Interdisciplinary Legal-Psychological Analysis
No full textThe correct evaluation of evidence, particularly the testimony of the accused, who plays a key role in both the pre-trial and trial stages, is an important task that the justice system is seeking to address, not only in Poland, but also internationally. An increasing number of research papers deal with the influence of psychological aspects on the distortion of judgments, such as the impact of the “halo effect” or “pure exposure”. To date, however, the impact of the defendant’s attitude on the severity of the punishment has not been systematically studied. In view of the above, this study seeks to verify the research hypothesis, which assumes that the defendant’s attitude during the main trial affects the content of the verdict, is related to the punishment imposed, and is also determined by subjective factors
Allocating the Burden of Proof in Medical Liability: A Comparative Perspective
No full textThis article examines the allocation of the burden of proof in medical liability. The paper is oriented toward a comparative law analysis, drawing on examples from various countries. It discusses The Concept of Proof and its Content, the Grounds for Allocating the Burden of Proof, and The Allocation of the Burden of Proof in American, German, and English Law, with particular attention to The Rule for Distributing the Burden of Proof in Medical Law, Reversing the Burden of Proof in Cases of Gross Medical Negligence, and Fully Controllable Risk as a Basis for Reversing the Burden of Proof. In this context, the legislation and judicial practice of both Continental and Anglo-American law countries are analyzed. The paper provides a detailed discussion of both statutory provisions and case law, as well as doctrinal debates, reflecting the specific challenges faced by plaintiffs in medical disputes. The study is enriched with examples from judicial practice, which give a practical dimension to the theoretical discussion and highlight the significance of judicial interpretations in shaping the doctrine of medical liabilit
Piercing Liability in the Polish and German Legal Systems
No full textPiercing liability is one of the most important and interesting issues in company law. It refers to a process of “breaking” or even “piercing” the legal separateness of several related companies in order to provide legal protection for the interests of creditors of one of them. This issue is linked to the improper, and consequently undesirable, exploitation of the distinctiveness of a subsidiary company by the parent that controls it. In a nutshell, piercing liability is seen as a legal instrument whose purpose is to give protection to creditors, even if this involves disregarding the legal personality of a particular company or even rejecting the legal and organisational personality of the entity. It is a response to the abuses of those who misuse legal personality, but also a response to the needs of the modern economy. At the same time, it raises serious doubts and even controversies in every legal system in which it is applied. This is due to the fact that clear criteria for the application of piercing liability have not been formulated in any of the legal systems mentioned. In the article, I will characterise the reasons for the introduction and development of piercing liability in the Republic of Poland and in the Federal Republic of Germany
Customs Officers under Martial Law in Ukraine: Constitutional and Administrative Dimensions
No full textThis article explores the legal status and functional transformations of customs officers in Ukraine during the period of martial law. It examines the constitutional framework of emergency governance, the administrative specifics of public service under crisis, and the practical implications of accelerated legal procedures and ad hoc appointments in the customs system. Drawing on comparative constitutional insights and doctrinal commentary, the study highlights structural deviations from standard service models and the legal uncertainty surrounding the rights and responsibilities of customs personnel in wartime. The article argues for a clearer statutory delineation of the emergency public service regime to enhance legal predictability, institutional accountability, and resilience. The findings are based on legal analysis and doctrinal sources from Ukraine, Poland, France, Germany, and the UK
Exclusion of a Physician’s Liability for Performing a Medical Procedure Without the Patient’s Consent
No full textThe paper is an English translation of the article “Uchylenie odpowiedzialności lekarza za wykonanie zabiegu leczniczego bez zgody pacjenta” published originally in Palestra, no. 11–12 from 2002. The text is published as a part of a section of the Adam Mickiewicz University devoted to the achievements of the Professors of the Faculty of Law and Administration of the Adam Mickiewicz University, Poznań