Pobierz plik (Nawrot.pdf)Nawrot.pdf390 kB

Artificial Gametes – Law vs. Progress in Biomedicine

For more than 15 years many research groups have been working on the possibility of creating artificial gametes and using them for both scientific purposes and reproduction. Although the realization of the final goal of research seems to be destined to take a long time, the process of development of artificial gametes is a fact. Taking this into consideration, it seems appropriate to discuss the consequences of the progress of the mentioned process and reasons standing behind it. We must be aware that both the motives and the consequences may be contrary to the standards of the rule of law.

Pobierz plik (Szafranski.pdf)Szafranski.pdf395 kB

The Commission Decision on the Aid for the Hinkley Point C Nuclear Power Station in the United Kingdom as an Example of State Aid for Nuclear Energy

The Polish government plans to construct the first nuclear power station in Poland. The costs of the investment show that even the largest state owned energy companies in Poland need external financing. There is no doubt that state aid is needed. Consequently, European rules on state aid and their practical usage are very important in considering the ways of financing the construction of a nuclear plant in Poland. One of the latest Commission decisions in this matter is the Hinkley Point C decision. The Author presents the arguments put forward by the United Kingdom and the Commission in this particular case. One of the interesting devices utilized by the British government was a contract for difference, to which the Author devotes his particular attention.The Author claims that the decision-making process of the Commission in nuclear energy matters is of political nature, although it is not arbitrary. The Polish government should take into account those premises.

Pobierz plik (Moras_Kroczek.pdf)Moras_Kroczek.pdf417 kB

Amendment of the Polish Rules of Legislative Drafting: episodic provisions

The aim of the paper is to discuss a new kind of provisions in the Polish legal system, that is the episodic provisions. The provisions in question were regulated in the recently amended Rules of Legislative Drafting (Zasady Techniki Prawodawczej in Polish), which went into force on March 1st, 2016. The episodic provisions can raise some theoretical questions and cause various practical problems, both for legislators and interpreters. The authors identify and clarify some of those.

Pobierz plik (Baranski.pdf)Baranski.pdf428 kB

The Model of Personalist Introspection in Karol Wojtyła’s Anthropology and Cognition of Natural Law

The article consists of a brief and introductory analysis of the model of introspection as the source of cognition of natural law which is based on personalist anthropology. The model of such cognition stems mainly from the phenomenological anthropology of Karol Wojtyła, but is not restricted to his philosophy. The author strongly believes that the Wojtyła’s “Person and Act”, published in 1969, opened a new era in Christian philosophy as it shows the way to overcome the subjectivist crisis of the Western philosophy and it enables us to rebuild the classical philosophy, using phenomenological and personalist anthropology. This vision also embraces human subjectivity without losing the objective character of natural law. In doing so, it contributes to enriching the Thomistic concept of natural law. Transcendence and integration of a person into a human act (actus humanus) – as Wojtyła sees it – becomes a fundamental condition of proper human cognition and – what is more important – of proper human action.

Pobierz plik (Ciszewski.pdf)Ciszewski.pdf381 kB

Cultural Exemptions as an Object of a Theoretical Discussion – in Search for a Framework

In the paper, the author introduces a theoretical framework for a contemporary discussion regarding the permissibility of cultural exemptions (accommodations). The author distinguishes three levels of analysis that need to be addressed in any legislative case concerning cultural exemptions. The first level refers to the issue of general policy, particularly to the question whether such exemptions are justified pro tanto. The second level concerns an examination of the relevant conditions for a particular cultural accommodation in a given context (for example questions regarding the character of the generally applicable norm and the character of a specific cultural commitment). Finally, the third level deals with a detailed legal design of a specific cultural exemption.

Pobierz plik (Debiak-Bartosewicz.pdf)Debiak-Bartosewicz.pdf737 kB

The Polish Judicial System in Statistical Numbers. A Comparative Account

In the article, the author attempts to diagnose the Polish judicial system, in the context of expected actual efficiency. The analysis avails itself of the following indicators: the number of incoming cases, the number of professional judges and non-judicial staff in courts, public expenditures allocated to courts, the clearance rate, average disposition time and overall efficiency. Polish data regarding the Polish judiciary has been compared with its international counterparts, particularly all EU members. This comparative approach is to make an authoritative and reliable diagnosis of the Polish judicial system, compared to other EU member states. The article is also an attempt to answer the question of whether critical assessments, that have dominated Polish public debate, are justified, and whether the Polish judiciary is as inefficient and ineffective as it would look apparent from the statistics.