Search

Copyright of Studia Iuridica Lublinensia is the property of Maria Curie-Sklodowska University in Lublin and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The article presents selected aspects of the functioning of local government in Poland under the conditions of the epidemic in connection with the SARS-CoV-2 coronavirus. More space is devoted to the systemic aspects, while the substantive and procedural aspects have only been signalled, because their development goes beyond the scope of this study. The objective of this research paper is to provide an answer to the question to what extent the current regulations, taking into account the new legal regulations, enable the implementation of public tasks and how the new regulations modify the current tasks. The article formulates the thesis that the current regulations may be applied under epidemic conditions, but after making modifications necessary to ensure the efficiency and effectiveness of the functioning of local government. The regulation concerning the functioning of local self-government in the state of an epidemic is scattered and requires ordering. During the state of epidemic there was a strengthening of digitalization in the sphere of performing public tasks.

The article is of a scientific and research nature and presents concisely the problems related with the case law of the National Appeals Chamber (Pol. Krajowa Izba Odwoławcza). On 5 December 2007, the National Appeals Chamber was established, also referred to as the Chamber, which replaced Arbitrator Teams in hearing the appeals. Each year, the Chamber issues a total of 2,500 to 3,000 judgments, which are essentially the fundamental pillar of the functioning of the public procurement system. The adjudication difficulties that have arisen over the years and remain valid are: vagueness of the legal regulations, lack of transitional provisions, frequent law amendments, unusual speed of proceedings and, above all, marginal instance review of the decisions of the Chamber. However, judicial uniformity has been achieved on several important issues, thanks to resolutions passed by the Supreme Court. It was concluded that the determination of the gross price in the tender, taking into account the incorrect rate of tax on goods and services, constitutes an error in the calculation of the price if there are no statutory conditions for a mistake The ground for an appeal against the choice of the most advantageous tender may also include failure to exclude an economic operator who has submitted a tender chosen by the contracting entity or failure to reject a tender that is subject to rejection. The Supreme Court ruled that if a tender is submitted by a consortium, the correctness of the bid bond in the form of an insurance guarantee would be determined by the content of the guarantee. Uniformity of case law may be ensured by the appointment of a single court having jurisdiction in public procurement matters at second instance. It would also be helpful to organise specialist training at the highest substantive level.

The public sector in Poland is currently facing ever newer challenges related to the implementation of public tasks for which it is not always sufficiently prepared for. One of the possible legal forms of fulfilment of public tasks are concessions for works or services. The author reviews the legal regulations that govern the issue of concessions, coming to the conclusion that the less the legislature interferes in the regulation of the procedure for granting concessions for works or services, the greater the practical significance of the concession. He also points to the quality of the proposed legal regulations in this area and their intricateness. The article presents some thoughts on the future directions of change in the regulations regarding concessions for works or services.

Copyright of Studia Iuridica Lublinensia is the property of Maria Curie-Sklodowska University in Lublin and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The study presents the current legal regulations and problems with the implementation of procedural rights of a minor victim in the case of crimes committed by members of his family in the Polish legal system. The presented issue concerns the necessity to apply provisions contained in various acts, both public and private law. The author discusses the most important judgements of Polish jurisprudence in the indicated scope, emphasizing, however, that many aspects of the discussed issues, of a procedural nature, have still not been regulated. The conclusions include de lege ferenda postulates concerning, i.a., the transfer to the criminal court of the competence to appoint a guardian ad litem for disadvantaged minors.