Zeszyty Prawnicze BAS
Law Review

Zeszyty Prawnicze Biura Analiz Sejmowych is a scientific journal in the field of legal sciences, published quarterly. It contains original articles, experti analyses and legal opinions from all areas of law, concerning both Polish and foreign legal systems. The main objective of “Zeszyty Prawnicze BAS” is to contribute to the development of legal science by presenting high-quality texts dedicated to current legal issues.

Each issue is divided into permanent sections: constitutional law, European law, legislation, Deputy’s affairs, proceedings before the Constitutional Tribunal and varia. Most texts in “Zeszyty Prawnicze BAS” is published in Polish. If it is justified by the subject-matter of the publication, it is also possible to publish the text in another language.

“Zeszyty Prawnicze BAS” contains both legal opinions of the employees of the Chancellery of the Sejm, in particular the Sejm’s Bureau of Research, prepared in connection with the work of the Sejm, as well as texts prepared by external authors. Editorial team ensures a high level of published texts, which, before a decision concerning the publication, are subject of an anonymous assessment by external reviewers, who are recognized authorities in the field of legal sciences,. The main criteria for the evaluation of texts are the quality of the scientific workshop and originality. The editorial team encourages all scientists, both Polish and foreign ones, to publish in “Zeszyty Prawnicze BAS”.

“Zeszyty Prawnicze BAS” is addressed to all those interested in obtaining knowledge on current issues in the field of legal sciences: both academics and practitioners looking for a high quality analysis of legislation.

Advisory Board

dr Ziemowit Cieślik – Head of the Advisory Board, Cardinal Stefan Wyszyński University in Warsaw - Poland

Head of the Department of European and International Law Research in the Bureau of Research of the Chancellery of the Sejm, PhD (Law), Assistant Professor in the Administrative Law and Local Government Department of the Faculty of Law and Administration of the Cardinal Stefan Wyszyński University in Warsaw. Author of several publications on administrative and European Law. Responsible for legal counseling on European and International Law in the Bureau of Research. https://orcid.org/0000-0003-4345-0610

dr Piotr Czarny, Jagiellonian University in Cracow - Poland

Graduate (with distinction) of the Faculty of Law and Administration of the Jagiellonian University in Cracow (1990); also studied, in 1990-1991 and 1994-1995, at the Frederick William University in Bonn; PhD i(law) since 1997, since 1990 employed in the Chair of Constitutional Law at Jagiellonian University; holder of scholarship of the: Foundation for Polish Science, the German Bundestag (1991-1992) and the President of the Federal Republic of Germany R. Herzog (1997-2000); between 1997 and 2006 assistant to a judge of the Constitutional Tribunal, since 2008 expert in the field of constitutional law in the Bureau of Research;lecturer at the DIKAIOSYNE Summer School of Comparative Constitutional Law in Prague, Budapest and Astana (2011-2018), member of the Polish Society for Constitutional Law and the Societas Humboldtiana Polonorum, member of the Editorial Board of the “Przegląd Prawa Konstytucyjnego”; his main scientific interests include: parliamentary law, constitutional judiciary, political system of Germany. https://orcid.org/0000-0002-6558-1075

prof. dr hab. Cezary Mik, Cardinal Stefan Wyszyński University in Warsaw - Poland

Professor at the Faculty of Law and Administration of the Cardinal Stefan Wyszyński University in Warsaw, prof. dr hab. in legal science in the field of public international law; at the Cardinal Stefan Wyszyński: head of the Department of International and European Law (since 1998), Deputy Dean of the Faculty of Law (1999-2002), Dean of the Faculty of Law and Administration (2002-2008), Director of the Institute of International Law, European Union and International Relations (2008-2012), Deputy Rector for International Relations and Science (2012-2016); expert in legislationint the Bureau of Studies and Analyses (currently the Bureau of Research) of the Chancellry of the Sejm (since 1997), head expert on legal issues in the Institute of Environmental Protection in Warsaw (since 2016); member of the College of the General Counsel to the Republic of Poland (since 2017), member of the Council of the Lech Kaczyński National School of Public Administration (since 2016) and the Advisory Legal Committee of the Minister for Foreign Affairs (since 2017); specializes himself in international law (theory of international law – sources of law, norms and obligations, including liability of states, ius post bellum, law of the sea, regional integration organizations of states), international and national protection of human rights and European Union law (systemic issues, legal order, internal market law, international legal aspects of the European Union); author or co-author of many books, over 120 articles and other scientific studies, as well as numerous expert opinions for state institutions and law firms; chief editor of “Polish Review of International and European Law” and “Kwartalnik Prawa Publicznego”; member of editorial boards of several Polish journals. https://orcid.org/0000-0002-6758-1909

prof. dr hab. Andrzej Szmyt, University of Gdańsk - Poland

Polish constitutionalist, professor of legal sciences, between 1996 and2002 Dean of the Faculty of Law and administration at the University of Gdańsk. Currently head of the Constitutional Law and Political Institutions Institute at the same Faculty. A graduate of law studies at the Nicolaus Copernicus University in Toruń, he received his doctoral and post-doctoral degrees at the University of Gdańsk. In 2014 he gained the title of professor. Since 2011 member of the Committee of Legal Sciences of the Polish Academy of Sciences. Between 1972 and197 he was a prosecutor’s trainee and assessor, between 976 and 1978 he completed the Postgraduate Studies in Legislative Issues at the University of Warsaw. From 1994 to2017 expert in legislation in the Bureau of Studies and Analyses (currently the Bureau of Research) of the Chancellery of the Sejm. Between 1993 and 2016 he was a member of the editorial board of “Przegląd Sejmowy”; between 2002 and2019 he was the chief editor of “Gdańskie Studia Prawnicze”. From 1992 to2005 he served as the local government Ombudsman for Citizens at the Gdynia city council. Between 2002 and 2006 he was the President of the Polish Society for Constitutional Law. Author of about 600 publications, especially concerning parliamentary law and legislation. Honoris causa PhD of the Kyiv Law University at the Ukrainian Academy of Sciences. https://orcid.org/0000-0003-3101-4838

dr hab. Adam Szafrański, University of Warsaw - Poland

Assistant Professor in the Administrative Commercial and Banking Law Institute at the Faculty of Law and Administration of the University of Warsaw. Member of the Legislative Council of the 13th term. He specializes himself in public economic law, including energy law. Author of publications, among which there are monographs devoted to the public entrepreneur as an entity of economic freedom, axiology of energy law and history of the idea of economic freedom in the light of jurisprudence of the Constitutional Tribunal. Co-author of a textbook on public economic law, which has 8 editions so far. https://orcid.org/0000-0002-9151-2233

prof. dr hab. Marek Szydło, University of Wrocław - Poland

Head of the Market Competition Law and Sectoral Regulation Institute at the University of Wrocław, expert in legislation in the Sejm’s Bureau of Research, Chairman of the Prime Minister’s Legislative Council (XIII term), member of the Council of Scientific Excellence (I term), member of the College of the General Counsel to the Republic of Poland (2017-2018), Legal Counsellor, scholarship holder of the Minister of Science for outstanding young scientists (2012-2015). He specializes himself in public economic law, company law, European Union law and certain areas of international law. Author of over 200 scientific publications, including over a dozen scientific monographs and numerous scientific articles published, among others, in foreign journals included on the Journal Citation Reports list, covering the most influential scientific journals in the world. Author of several hundred legal opinions and expertise for companies and public institutions, he advised the Government of the Republic of Poland in proceedings before international courts. His works are often quoted in the world legal literature. https://orcid.org/0000-0002-3776-2020

Board of Editors:

dr Przemysław Sobolewski – Editor-in-chief, University of Warsaw - Poland

Deputy Director of the Bureau of Research; PhD (Law) – specialist in civil law, commercial law and medical law. He graduated from the Faculty of Law and Administration of the University of Warsaw. An author and a co-author of over 50 scientific publications (monographs, articles and glosses) in Polish and English, in particular the Commentary to the Civil Code. Employed in the Bureau of Research since 2010, initially as a legislation specialist, then as a senior specialist, head of a department and currently as a deputy director. Lecturer of civil law at the Faculty of Law and Administration of the University of Warsaw. https://orcid.org/0000-0002-9631-0921

dr Wojciech Arndt, Akademia Ignatianum in Cracow - Poland

Coordinator of the Unit for Preliminary Verification of Complaints Initiating Proceedings before the Tribunal in the Legal Service Office of the Constitutional Tribunal; PhD in Legal Science. He graduated from the Faculty of Law and Administration of the Nicolaus Copernicus University in Toruń. Specialist in constitutional law, as well as in theory and philosophy of law. Assistant Professor in the Political Science and Administration Institute of the Ignatianum Academy in Cracow. Scientific Secretary of “Przegląd Sejmowy” and member of the editorial office of “Horyzonty Polityki”. He worked in the Ministry of Culture and National Heritage and the Ministry of National Education. From 2007 till 2011 he hold the function of the President of the Management of the Ius et Lex Foundation. Deputy Director and Director of the Bureau of Research between 2016 and 2019. https://orcid.org/0000-0002-5804-5215

Paweł Bachmat, Institute of Justice in Warsaw - Poland

head of the Department of Constitutional Analysis at the Bureau of Research of the Sejm, a long-term employee of the Institute of Justice, a graduate of the Faculty of Law and Administration of the University of Warsaw and the Centre for English and European Law at the University of Warsaw and the Cambridge University. Author of publications in the field of criminal law, researcher of judicial and prosecutorial practice, member of the editorial board of the “Law in Action” quarterly, https://orcid.org/0000-0003-3511-5425

dr Piotr Chybalski, Cardinal Stefan Wyszyński University in Warsaw - Poland

Expert in legislation in the Bureau of Research (since 2006), Assistant Professor in the Constitutional Law Department at the Faculty of Law and Administration of the Cardinal Stefan Wyszyński University in Warsaw. He specializes himself in constitutional law with a particular emphasis on parliamentary law, electoral law and constitutional comparative law. Author of scientific studies, including the monograph “Amendment in the legislative process in the light of the Constitution of the Republic of Poland” published in 2014. Member of the Editorial Team of “Zeszyty Prawnicze BAS” [BAS Law Review] since 2013. https://orcid.org/0000-0002-7703-1767

dr Ewelina Gierach, Cardinal Stefan Wyszyński University in Warsaw - Poland

Graduate of the Faculty of Law and Administration at the Maria Curie-Skłodowska University in Lublin, Assistant Professor in the Constitutional Law Department at the Cardinal Stefan Wyszyński University in Warsaw. Since 2007 employed in the Bureau of Research as an expert in legislation. Member of the Polish Society for Constitutional Law. In 2013 she obtained the title of PhD (law) for a PhD thesis titled n “Control of the constitutionality of the resolutions of the Sejm of the Republic of Poland” In her scientific work she primarily analyses with parliamentary law, including of the problem of impact of the Constitutional Tribunal’s jurisprudence on this law. Moreover, she is interested in the problem of sources of law and the review of their hierarchical compliance. https://orcid.org/0000-0002-2689-786X

Bartosz Pawłowski

Legal counsellor, expert in legislation in the Bureau of Research (since 1996). He occupies himself with the examination of compliance of billss with the law of European Union. Co-author of the commentary to the Act on the Cooperation of the Council of Ministers with the Sejm and Senate on Matters Related to the Membership of the Republic of Poland in the European Union, published in 2009. In the editorial office of “Zeszyty Prawnicze BAS” [BAS Law Review] since the creation of this journal. https://orcid.org/0000-0002-8764-6474

dr Zofia Szpringer

Head of the Group for Financial and State Budget Research, PhD in Economic Sciences. She graduated from the Faculty of Management of the University of Warsaw. She is a former employee and vice-president of the Institute of Finance in Warsaw and head of the Department of Budget Studies of the Bureau of Research. She is a specialist in the field of domestic and international public finance. An author and a co-author of dozen publications, including two commentaries to the Public Finance Law, articles concerning the topic of bank union, activity based budget, budgetary procedures, independent fiscal councils, Poland’s indebtedness, rules of managing public finances. Author of several hundred opinions, and responses for the benefit of Deputies, Sejm committees and the European Centre for Parliamentary Research & Documentation (ECPRD). She is an active participant of annual meetings organized by OECD (Network of Parliamentary Budget Officials and Independent Fiscal Institutions). She is also a member of the editorial team of “Zeszyty Prawnicze BAS” [BAS Law Review] responsible for finance law as well as of the Advisory Board of “Studia BAS” [BAS Studies]. https://orcid.org/0000-0002-8265-4440

dr hab. Robert Jastrzębski, University of Warsaw - Poland

Graduate with honours of the Faculty of Law and Administration of the University of Warsaw (Diploma Honorificum), in 2001 he obtained the PhD (Law) degree at the same Faculty, and in 2009 he was awarded the post-doctoral degree in legal science. Author of over 90 scientific publications, including monographs: „Funkcje weksla w II Rzeczypospolitej” (2003), „Domy składowe. Umowa składu. Dowody składowe. Komentarz do ustawy” (2004), „Wpływ siły nabywczej pieniądza na wykonanie zobowiązań prywatno-prawnych w II Rzeczypospolitej” (2009), „Trybunał Kompetencyjny. Kolegium Kompetencyjne. Geneza. Działalność. Współczesność” (2014), „Lex Zoll. Zarys prawno-ekonomiczno-historyczny” (2016); co-author of: „Giełdy towarowe. Komentarz” (2006), „Prawne regulacje działalności giełd towarowych w Polsce” (2007) and co-editor of „Małe konstytucje. Ustawy zasadnicze okresów przejściowych 1919-1947-1992” (2014). Winner of awards and distinctions, including the Law and Administration Faculty of the University of Warsaw Award for outstanding scientific achievements (2008/2009) and the Team Award of the Rector of the Warsaw School of Economics, degree one (2015). Since 2001 employed at the Faculty of Law and Administration of the University of Warsaw. Since 2015 Head of the Polish 20th Century LawWorkshop , and since 2019 Head of the Department of Administrative History. Member of: the advisory board of “Przegląd Ustawodawstwa Gospodarczego” (2010); the editorial team of “Studia z Dziejów Państwa i Prawa Polskiego” (2015); the editorial team of the “Zeszyty Prawnicze BAS” [BAS Law Review] (2016) and the editorial team of “Polskie Towarzystwo Historii Gospodarczej” (2011). https://orcid.org/0000-0002-7265-0614

dr hab. Jadwiga Potrzeszcz, John Paul II Catholic University of Lublin - Poland

Professor of the John Paul II Catholic University of Lublin – Post-PhD in legal science, Professor in the Law Theory and Philosophy Institute at the Faculty of Law, Canon Law and Administration of the John Paul II Catholic University of Lublin; lecturer at the National School of Judiciary and Public Prosecution; expert in legislation in the Bureau of Research. Obtained the following titles and degrees: Master of Polish Philology (1997), Master of Law (2001), PhD in Legal Science (2005), Post-PhD in Legal Science (2014), Associate Professor (2018). Over 120 publications concerning the theory and philosophy of law. Member of the IVR, the Law Commission of the Polish Academy of Sciences (PAN O/Lublin), TN KUL, SAiPWP KUL, the editorial team of “Zeszyty Prawnicze BAS” [BAS Law Review], the advisory board of “Prawo i Więź”, language editor of “Studia Prawnicze KUL” and “Studia Prawa Wyznaniowego”. She specializes herself in interpretation of law, legislation, axiology of jurisprudence, legal security, social policy, education, human rights, ethics of legal professions and business ethics. https://orcid.org/0000-0002-4358-7273

dr Adam Karczmarek, Cardinal Stefan Wyszyński University in Warsaw - Poland

PhD in Legal Science, Legal Counsellor, lecturer at the Cardinal Stefan Wyszyński University in Warsaw, head of the Department of Legal Research of the Sejm’s Bureau of Research. Author of publications on administrative commercial law. https://orcid.org/0000-0002-1475-6322

dr Krzysztof Kozłowski, Jagiellonian University in Cracow - Poland

PhD in Legal Science, Assistant Professor at the Chair of Constitutional Law at the Faculty of Law and Administration of the Jagiellonian University in Cracow. Between 2007 and 2010 he completed his judicial training at the District Court in Szczecin, which ended with a judge’s exam. His PhD was obtained as a result of the dissertation “Prawo łaski Prezydenta RP”, prepared under the direction of Professor Piotr Tuleja. He is the author of publications on constitutional law and local government law. https://orcid.org/0000-0002-7439-716

dr hab. Michał Warciński, University of Warsaw - Poland

Graduate of the Faculty of Law and Administration and the Faculty of History of the University of Warsaw, as well as the Faculty of Canon Law of the Cardinal Stefan Wyszyński University in Warsaw; specialist in civil law. In 2006 he was awarded the PhD, and in 2015 – the post-doctoral degree at the University of Warsaw. Since 2009 he has been employed at the Civil Law Institute of the Faculty of Law and Administration of the University of Warsaw. Between 2015 and 2016 he was the director of the Sejm’s Bureau of Research of the Chancellery of the Sejm of the Republic of Poland. In 2016, he became a member of the Scientific Council of the Institute of Justice. Since December 2016, judge of the Constitutional Tribunal. https://orcid.org/0000-0002-0237-2022