Publications

Ruch Prawniczy, Ekonomiczny i Socjologiczny

http://rpeis.amu.edu.pl/

Ruch Prawniczy, Ekonomiczny i Socjologiczny [Poznań Journal of Law, Economics and Sociology] is one of the oldest and most prestigious academic journals in Poland. RPEiS is a peer-reviewed journal that publishes articles in both Polish and English. The journal’s primary goals are to assist researchers in disseminating the results of their research and to promote the exchange of views and ideas within the international scientific community. The editors prefer articles that have strong theoretical and methodological foundations in the legal sciences, economic sciences, and sociology, and which indicate the practical significance of their considerations or conclusions.

Editor-in-Chief: prof. dr hab. Marek Smolak

Disciplines: law, economics and finance, sociology

Adam Mickiewicz University Law Review

Adam Mickiewicz University Law Review is a general peer-refereed journal designed to contribute original papers on theoretical, interdisciplinary, comparative and doctrinal oriented inquiries into the legal sciences. The journal seeks to take a broad approach to legal scholarship, publishing articles which cover issues from all branches of law.

The Editorial Board of the journal welcomes original contributions in international and domestic law, with a special emphasis on the domestic legal systems of the European states, the theory and philosophy of law, and legal history. The editorial board of the journal  welcomes new proposals for articles written in English every year until June the 30th.

Adam Mickiewicz University Law Review’s inernationalisation project is financed by the Ministry of Science and Higher Education under 848/2/P-DUN/2018.

The Judiciary of Diocesan Vicars in the Later Roman Empire

Jacek Wiewiorowski

The study focuses on vicars of dioceses (vicarius dioeceseos) of the Later Roman Empire and their judiciary capacity, which occupied one of the principal places in their duties. It is the first attempt to present the issue in scholarly research. The book covers the period from the establishment of dioceses under Diocletian (reigning 284–305) until the final abolishment of vicariates by Justinian I (reigning 527–565) and his further modifications of imperial administration introduced at a supra-provincial level. It concerns all dioceses of the Roman empire, excluding diocese administrators with special status: comes Orientis, praefectus Augustalis and vicars residing in Rome (especially vicarius urbis Romae). The author employs historical-legal methodology, consisting in an analysis of the judicature of diocesan vicars based on legal sources, supplemented by iconographic, literary and epigraphical sources, and prosopography. He draws on the conclusions resulting from the research of sociologists, sociobiologists, and particularly evolutionary psychologists, with regard to the mechanisms which exerted influence on the evolution of the judiciary of diocesan vicars.

Creation and enforcement of financial market law in the light of the economisation of law

Tomasz Nieborak

This book raises some topical issues around the creation and enforcement of financial market law through the prism of the economisation of law. Its topicality arises from the fact that today when everyday life is becoming financialized, or in other words, when the financial sphere is gradually taking it over, the role of the legislator in shaping market relationships must be redefined. This means that the specificity of the matter regulated (i.e. the financial market) must be taken into consideration in the law-making process because this market constitutes an element of a greater whole which, apart from the financial and the economic system, consists of the social system as well. This thesis has been confirmed in recent years when the crises in financial markets have shaken the foundations of global society. Thus the legislator as an architect of the surrounding reality must take into account other factors as well, such as economic or psychological, and not just legal ones. This thesis can be found in earlier publications as well, for example in the work of Leon Petrażycki, but there has been no attempt as yet to transfer it to laws regulating the functioning of the financial market and which the behavioral concept of law would help us to understand. This concept may in the near future be regarded as a new paradigm of financial market law.

Treaty-making powers of international organizations

Andrzej Gadkowski

Monografia jest pierwszym w polskiej literaturze prawa międzynarodowego kompleksowym opracowaniem problematyki zdolności traktatowej organizacji międzynarodowych. Celem badań było określenie istoty, źródeł i specyfiki tej zdolności, która jest szczególnie ważnym atrybutem każdego podmiotu prawa międzynarodowego. Przedmiotem rozważań autora jest zarówno koncepcja kompetencji przyrodzonych organizacji międzynarodowych, jak i koncepcja kompetencji przyznanych im przez państwa w akcie konstytucyjnym. W ramach tej drugiej koncepcji, analizowana jest problematyka kompetencji traktatowych wyraźnie przyznanych, jak również problematyka kompetencji dorozumianych, dla uzasadnienia których wymagane jest przeprowadzenie skomplikowanej dedukcji opartej na różnych, nie zawsze jednoznacznych podstawach. Praktyczną stronę problematyki badawczej obrazuje analiza źródeł i zakresu zdolności traktatowej Unii Europejskiej. W pracy zaprezentowana została również problematyka zdolności traktatowej sui generis organizacji międzynarodowych oraz niektórych organów traktatowych w dziedzinie międzynarodowego prawa środowiska, które nie są organizacjami międzynarodowymi, ale zostały wyposażone przez państwa w określony zakres kompetencji traktatowych.

Definitions and typologies of acts in criminal proceedings perspective of conventionalization and formalisation

Barbara Janusz-Pohl

This book is a summary of many years of research into acts in proceedings. The complete account of the research results has been published in Polish as “Formalizacja i konwencjonalizacja jako instrumenty analizy czynności karnoprocesowych w prawie polskim” by the Adam Mickiewicz University Press. “Definitions and typologies…” discusses the issues of typology and definition of acts in criminal proceedings approached as formalised legally-relevant conventional acts. The monograph is underpinned by detailed methodological and theory-of-law premises, making use of the conceptions of conventional acts and constitutive rules as well as some components of the conception of performative utterances. The monograph adheres to the integrating model of law studies whereby Polish criminal procedural law is only a point of reference, while the research results are applicable to other legal systems, in particular written law ones.

Ethical issues in taxation

Andrzej Gomułowicz

This monograph covers issues of law-maker’s ethics, tax bodies’ ethics and taxpayer ethics. This problem is analysed from theoretical as well as from dogmatic point of view and is accompanied by judicature of the Constitutional Tribunal and administrative judicature. This problem is crucial as it concerns lawmaking and the application of tax law at the same time. And not only does it have economic and social implications, which are dealt mainly by those who govern and the governed, but it influences different attitudes towards the idea of tax obligation. The taxpayer’s attitude towards the idea of tax obligation is a derivative of the process of tax lawmaking, especially of the fact that the legislator abides by the axiological values, those reflected in the Constitution. Essentially, it refers to justice in a material aspect, that is the authorities’ regard to the principle of equality and universality, and to procedural justice, which relates to the law-maker’s respect of the decent legislation. This is why the structure of this monograph leads the reader from biblical to modern times. The author analyses the conditions that shape the mentality of the tax law-maker, of the authorities that apply the tax law and of the taxpayer. It was necessary to indicate the relationship between ethical and economic limits of taxation. It was indicated that the limit of taxation power lies within the right of ownership. The legal protection of the taxpayer in administrative court proceedings is a different issue. Only an independent court and an independent judge will be able to break the maxim of dura lex sed lex when a rule of law is threatened by an extreme form of legalism.

Legal aspects of the organisation and operation of agricultural co-operatives in Poland

Aneta Suchoń

This monograph is the first book in English devoted to legal aspects of the organisation and work of agricultural cooperatives in Poland. The author rightly points to the rich history of the agricultural cooperative movement in Poland, referring, among other things, to the activities of Stanisław Staszic at the beginning of the 19th century and the Act of 29th October 1920 on cooperatives. The concept, activity, types of agricultural cooperatives, legal principles of their establishment (founders, statutes, contributions and shares, bodies, registration) and functioning (assets, financial matters, contracting agreements, mergers, vetting) are presented. The deliberations focus primarily on agricultural production cooperatives, cooperative groups of agricultural producers, dairy cooperatives and farmers’ cooperatives (the latter have been introduced by the Act of 4th October 2018) and have allowed the author to draw many interesting conclusions, including de lege ferenda.

Legal and socio-economics changes in New Zealand

Mieczysław Sprengel

In the modern world, there are few states in isolation. As a rule the geographic distance of these countries has in the past determined such political and economic isolation. Over the years, there has been a definite approximation of such countries to the developed economic world: Australia and New Zealand have tightened their cooperation and approached Asia. Economic integration and common security goals have led countries to change in a social and economic context, as well as in the field of legal provisions. The analysis of changes taking place in countries such as New Zealand is interesting because of the adaptation of experiences for the benefit of other countries. The publication presents this issue, referring to issues related to law, national security, regional policy, tourism development, demographic changes and economic issues in New Zealand. This allows to grasp the already existing legal and socio-economic changes, showing the size of New Zealand’s achievements, its development path, at the same time outlining the future prospects.

Reporting of enterprises. The main theoretical problems and legal regulations

Ryszard Kamiński

The monograph Reporting of enterprises. The main theoretical problems and legal regulations is part of the discussion about the current state and the future of accounting and corporate reporting. There is an opinion that new directions of theoretical considerations regarding this issue should be set, especially in the context of the current experience of the functioning of the enterprise achievement reporting system. The most important facts that affect the modern face of this system include: the progressing evolution of the paradigm regarding the role of the company in the socio-economic system (more and more often the company is perceived not only as an entity whose goal is to make profits, but also as an organization that is supposed to bring benefits to society, local community, customers and the like), as well as the use of information technology in accounting records, giving almost unlimited possibilities to process huge amounts of data in a short time.

The response to these new challenges faced by enterprises was new legal regulations on an international, regional (EU) and national scale. They have been implemented in practice only recently, so they are still a new topic, making it necessary to clarify their essence and to provide further comments. This situation has become an inspiration for the preparation of this monograph, the content of which is focused on new legal regulations concerning primarily the system of reporting the company’s achievements and its assessment.

Polish labour law and the Church’s social teaching. A legal and sociological study

Anna Musiała

Socio-political doctrines are of substantial significance in the law-making process. Referring to them brings order to the process of decoding the axiology of law. In the Polish cultural sphere, which is part of Western culture, it is the social doctrine of the Catholic Church that is fundamentally important; it is essentially the co-creator of the “system of European values.” But this doctrine is particularly interesting from the point of view of labour law, because in an extremely comprehensive and entirely clear way it indicates a defined and detailed model of how employment relations develop. Therefore, bearing in mind that the social doctrine of the Church in the Polish cultural sphere has considerable importance and its contribution to the development of labour law is indisputable, we must ask how it is reflected in Polish labour law. It is a question of examining the extent to which ideas stemming from Church doctrine are present in the current form of Polish labour law. Is it at all ”attractive” for the Polish employer? One might also inquire as to its potential “attractiveness” in the future, especially in the context of attempts made at codification. The research hypothesis comes down to showing that with regard to the significance of the Church’s social doctrine in the Polish cultural context the conceptual inspirations stemming from this doctrine can be sought out in Polish law-making. This seems particularly justified in terms of labour law, owing to the fact that this doctrine presents its vision for employment relations in a very complex way.

Continuous obligation

Agnieszka Pyrzyńska

The concept of continuous obligation, or a similar construct, is used in many legal systems. However, it is rarely the subject of general statutory regulation, or of doctrinal considerations conducted in a systematic manner. The specific nature of obligations whose structure involves the element of time is widely recognised, but as yet no uniform conception has been developed.

The monograph contains a description of continuous obligation in the Polish civil law system. Reference to views expressed on the basis of other legal systems is made only to the extent necessary for achieving the adopted research objective, namely, a description of continuous obligation from a theoretical perspective. Due to the limited scope of this publication, the analysis and considerations focus on four fundamental issues: (1) the essence of continuous obligation; (2) the possibility of distinguishing certain general types or models of continuous obligation, and then of identifying specific types of continuous obligation within the general framework; (3) the duration of continuous obligation; and (4) the termination of continuous obligation as an institution particularly suited to the expiration of a obligational relationship of a continuous nature.

This publication is an abridged and modified version of the original book published in Polish, entitled Zobowiązanie ciągłe jako konstrukcja prawna (Poznań 2017).

The placing of novel foods on the EU market in the light of new EU regulations

Łukasz Mikołaj Sokołowski

This monograph is one of the first scholarly publications on the subject of the placing of novel foods on the European Union market after 1 January 2018. Its aim is to answer the question of whether and to what extent the regulations governing the placing on the EU market of novel foods, in particular EU Regulation No 2015/2283 and its implementing regulations, protect the health and life of humans, whilst ensuring the free movement of such foods within the EU and protecting the economic interests of both consumers and food business operators. The objective was achieved by means of an analysis of the regulations in force since 1 January 2018, aimed at, in addition to maintaining a high level of protection of consumer health and life, the opening of the EU market to safe innovations in the agri-food sector. The book presents the history of innovation in the food industry in the EU, attempts to analyse the concept of ‘novel food’ and discusses the legal requirements and procedures for placing novel foods on the EU market as well as the principles of innovation responsibility. These considerations enabled the author to draw many interesting conclusions and put forward proposals de lege ferenda.

Constitutional barriers to the applicability of private law in the public sector. A comparative study with particular emphasis on Polish and German law

Rafał Szczepaniak, Katarzyna Kokocińska, Marcin Krzymuski

The underlying assumption of this book is that in the special environment that is the public sector, certain features of what we call civil law manifest themselves with particular force through contrast. An analysis of the application of civil law in the public sector is somewhat akin to an “intellectual journey to the source of the Amazon.” If one seeks a new, fresher view on civil law institutions and the civil law method of regulation, then this possible precisely through observing how they are applied in this particular environment. Observation of the application of the institutions of civil law provenance in the public sector actually prompts one to conduct a detailed analysis, which can be described as a kind of “anatomy of civil law.” It involves analyzing individual civil law institutions and arrangements, discovering their nature and the fundamental elements they consist of, as well as identifying the axiological and praxeological foundations that contributed to their development. The analysis carried out in the monograph indicates multiple relationships between civil law and constitutional law. The authors hope that this monograph will contribute to clarifying the relationship between these two branches of law.

In this monograph, the authors raise the question whether, in the light of the provisions of the current Constitution, there are barriers standing in the way of using private law in the public sector. The authors respond in the affirmative to the question formulated in this way. In their opinion, due to the specific nature of the State and other public entities, some of the institutions of civil law lose their raison d’être in the public sector, and the nature of others undergoes change to a lesser or greater extent. This phenomenon can be observed, for example, in the sphere of exercising subjective rights by public entities, in the sphere of their tort liability, in their legal capacity and freedom of contract, as well as in relation to such institutions of law as unjust enrichment. The legislator and the public bodies applying these laws, in particular the courts, should take this phenomenon into account. Otherwise, there may be violations of the standards of the democratic state of law, including the constitutional rights and freedoms of citizens. In conclusion, the authors consider the need for developing a sub-branch of civil law which would find its application in the public sector.

International organization as a subject of non-contractual liability on the example of the european union and the caribbean community

Tadeusz Gadkowski

The publication is devoted to the issues of non-contractual liability of two regional organizations – the European Union (EU) and the Caribbean Community (CARICOM). This topic is analysed in the context of a more general reflection on the responsibility of international organizations discussed in the course of codification works carried out by the International Law Commission. Authors of individual chapters present theoretical as well as practical aspects and issues resulting from non-contractual liability, which serves to protect the rights of individuals insofar as international organizations bear the negative consequences of certain acts and behaviours attributed to their organs and officials. This topic is presented not only in the context of treaty provisions but also in light of the rich jurisprudence of judicial bodies of international organizations, and in particular the case law of the Court of Justice of the European Union, which shaped the principles and conditions of the EU’s non-contractual liability for unlawful conduct of its institutions and officials.

The Legal and Economic Aspects of Associations of Agricultural Producers in Selected Countries of the World

Aneta Suchoń

The book is mostly of a legal character. There is, however, a part oneconomic issues that highlights the practical influence of associations ofagricultural producers, especially agricultural co-operatives, on thedevelopment of the agri-food industry. The chapters of the book have beenwritten by scientists from universities in Argentina and Europe.

Social and economic changes, globalisation, ensuring food security and safety,climate changes, environmental degradation, as well as the issues connectedwith the COVID-19 pandemic, are making the collaboration of agriculturalproducers in the world increase in importance. An agricultural farm,irrespective of its size, is a small unit on the agricultural market and it isnecessary for agricultural producers to collaborate at different stages ofagricultural activity. The issues raised in this publication focus mainly onthe legal aspects of the activity conducted by co-operatives in the agri-foodindustry, by groups and agricultural producers organisations, and by otherlegal forms of agricultural producers associations in Argentina, France,Germany, Italy, Poland, Slovakia, Slovenia, and Spain, as well as in some othercountries in the world. The book also refers to EU legislation that promotescollaboration among agricultural producers.

Legal and socio-economics and political changes in Russia’s relations with China

Mieczysław Sprengel

Russia and China are not only large countries in the area but having their special place as a state in popular history. The long history of Russia and China has always been an inspiration to cultural creators and historians involved in the analysis and interpretation of sometimes difficult facts. This study, which is a research project, aims to explore and approximate contemporary Russian-Chinese relations. The fundamental question is how Russian-Chinese relations are currently shaping up and from a legal point of view (especially signed agreements and declarations), political and diplomatic, economic and technological and financial. The impact of these relations on other countries has also been taken into account in a limited way. There is also a been theory that Russian – Chinese relations are much stronger in the 21st century than in the last decade of the 20th century and depend heavily on the United States? The strengthening of these relations was particularly strengthening during the presidency of Vladimir Putin.

American Law and American Jurisprudence: Interpretations, Challenges, Procedures

Łukasz D. Bartosik, Michał Urbańczyk, Damian Szlingiert

American law and American jurisprudence remain a constant source of inspiration for theorists and philosophers of law as well as researchers of political and legal thought. Although the implementation of selected American legal solutions in European countries is oftentimes difficult (and in some cases even impossible), there is no doubt that American jurisprudence is dedicated to the aim common to the entire Euro-Atlantic legal tradition, namely the protection of individual rights and freedoms, human dignity of all persons, the rule of law and the division of political power. The monograph research goal is to show how selected ideas and institutions present within American law (e.g., the election of the president by the Electoral College, jury trials or the broad-based freedom of speech), serve the implementation of the above-mentioned Euro-Atlantic values by means other than those that are used on a European ground. Because the authors of individual chapters use the comparative method as well as an analysis of American ideas and institutions using the methodological apparatus characteristic of the continental legal theory, the monograph has a very important value: it shows American law and American jurisprudence through the prism of a researcher looking for answers to universal questions about the role of law within liberal democracies: how to guarantee the freedoms necessary for individiduals’ self-realization as well as provide for security and social welfare.

Impact of CJEU Case-law on Excise Duty Regulations in Selected EU Member States

Dominik Mączyński (red.)

The impact of the case-law of the Court of Justice of the European Union (CJEU) on the application of tax regulations is unquestionable, both in judiciary practice and in legal scholarly writings. However, the effect of CJEU jurisprudence on the process of passing tax laws is far less commonly addressed in scholarly discourse.

While theorists rarely take interest in the CJEU’s influence on law-making, the notion itself is nevertheless of significant importance for tax regulations, both in theory and in practice. The said notion encompasses a number of issues which – if clarified – may contribute to further development of tax law studies and indeed improve the quality of taxation-related legislative processes in EU Member States.

This monograph sets out to demonstrate CJEU-inspired changes in tax legislations in selected EU Member States. Given the theoretical importance of the analysed issues, studies on tax legislation are accompanied by papers addressing the relationship between the judiciary (represented by national courts) on the one hand and law-making processes on the other, as seen from constitutional, historical and academic perspective.

International legal sources of implementation of the humanitarian principle in the process of imprisonment

Anna Gerecka-Żołyńska (red.)

First and foremost, the book contains an analysis of documents of international law that are legally binding in their nature (hard law) and documents containing only recommendations for the development of appropriate models in the domestic systems (soft law). The aim of the analysis is to assess the consistency, or lack thereof, with the norms of international law determining the principle of humanitarianism in various models of human rights protection and their impact on the situation of persons serving sentences of imprisonment. The discussion here is broad in scope, since it deals not only Europe, but also contrasts it with Africa and the Americas. This is also where the innovative character of the work should be seen, as no study has been produced as yet that would present the importance of the principle of humanitarianism for persons serving custodial sentences in such a comprehensive manner, covering areas with differing interpretations of human rights. The work employs a dogmatic method based on the analysis of legal sources, doctrinal views and the jurisprudence of international tribunals established to control the implementation of the idea of protecting human rights. With some caution, it can also be stated that the work uses a comparative legal method, to the extent that it refers to Italian legislation, which results from the team of authors.

Fight Against Discrimination. Human Dignity in American Legal Tradition

Michał Urbańczyk

The book is a collection of essays designed to take the reader on a journey through American law and the American political and legal tradition. Their common ground is to trace the influence of the idea of human dignity on the American system of civil rights protection and to characterize more than two centuries of struggle against discrimination against various groups and minorities. Beginning with the views of the Founding Fathers and the creation of the first modern republic, through the struggles against slavery and gender discrimination, to the 20th century challenges of abortion, euthanasia, and the legalization of same-sex marriage. 

Although human dignity does not appear in the Constitution or in constitutional amendments, the influence of this idea on the legal order has been, is, and will continue to be considerable. Indeed, along with liberty, equality, and justice, it is one of the core values that underlie the political, legal, and judicial system of the United States of America. 

The reader will find in the book both reflections on political and legal thought, as well as a number of judgments of the Supreme Court of the United States, which established the most important legal principles expanding the sphere of individual freedoms and protecting civil rights. The reader will also find key figures in American history, such as revolutionary columnist Thomas Paine, Supreme Court Justice James Wilson, suffragist Elizabeth Cady Stanton, and African American abolitionist Frederick Douglass.

The model of the public prosecutor’s office in Poland in the interwar period against the backdrop of the solutions adopted in selected European countries

Małgorzata Materniak-Pawłowska

The monograph describes the model of the system of the Polish public prosecutor’s office in the interwar period, including its position in the system of justice system bodies and its place in the system of state bodies in general, as well as the legal basis of its functioning and the most important organizational principles. This model is presented against the backdrop of different European solutions from this period, namely the German, French, and Czechoslovakian ones.
It is the first work in Polish to deal with this issue in a comprehensive and comparative manner in the history of Polish historical and legal bibliography.

Energy cooperatives in selected countries of the world. Legal and economic aspects

Aneta Suchoń, Tomasz Marzec  

Energy security is important for individuals and business entities as well as for the sustainable development of the economy of each country in the world. Current problems related to the continuity of energy supplies and higher prices of energy can be solved, at least to some extent, by energy cooperatives. These cooperatives are active in producing, providing and distributing energy. They can effectively harness locally available decentralized renewable energy and have also proven to be supportive of technological innovation. These entities are increasingly being formed in countries as varied as Germany, Italy, Denmark, Bolivia, Spain, Argentina and France, United States, Brazil and Poland. Cooperatives are also part of community energy, as this form meets the needs and expectations of citizens regarding energy, especially renewable. The book presents the legal and economic aspects of the functioning of energy cooperatives and other cooperative entities operating in the field of renewable energy sector. It also presents selected legal and economic issues related to energy communities, closely related to energy cooperatives.

Enlightenment Traditions and the Legal and Political System of the United States of America

Michał Urbańczyk, Kamil Gaweł, Fatma Mejri (red.)

The authors of Enlightenment Traditions and the Legal and Political System of the United States of America invite readers on a unique journey that will acquaint them with American political ideas born out of the Enlightenment, as well as contemporary legal challenges faced by the oldest modern republic and liberal democracy. Throughout the reading, one can familiarize themselves with various subjects, including the controversial Supreme Court ruling on abortion, the migration crisis at the Mexican border, issues within the legal education system, the American practice of carrying out the death penalty, procedural challenges encountered during the enactment of the federal budget, and the philosophical foundations of the American Revolution.
The United States of America in the 21st century remains a true progeny of Enlightenment philosophy and tradition, as well as the result of nearly 250 years of evolution and operation of its political and legal system. American governance, law, and political thought have developed since the end of the 17th century and today form the foundation of the Euro-Atlantic order. Therefore, reflecting on it constitutes an exceptionally interesting and beneficial task. However, the goal of the publication is not only to describe concepts born in the 18th century but also to address selected contemporary institutions and legal regulations that are the outcome of this evolution. The book is divided into three parts, in which the authors discuss selected political ideas, characterize chosen elements of the governance and political system, and present opinions on key civil rights and liberties.