The Opole Studies in Administration and Law

Amendment to the Act on Free Legal Aid, Free Civic Counseling and Legal Education of 5 August 2025. A Critical Analysis

2026-01-21T07:14:05+00:00

The amendment to the Act of 5 August 2015 on free legal aid, adopted on 5 August 2025, introduces broader possibilities for providing services through means of remote communication
and sets the maximum limit of state budget expenditures for the implementation of the Act in the years 2026–2035. The article presents an analysis of the introduced changes and raises legislative concerns regarding the adopted act. The amendment does not resolve key problems related to the functioning of the system, such as its inefficiency. A system
originally intended to support low-income individuals is becoming increasingly open and underfunded, while the asset declarations submitted by its beneficiaries are largely illusory.
The costs of implementing remote service tools were shifted onto aid providers, districts, and non-governmental organizations. The study applies the formal-dogmatic method and the historical-legal method.

The prohibition of discrimination by association in the case law of the CJEU. The judicial stance vs. practical problems

2026-01-21T07:13:55+00:00

This article discusses the prohibition of discrimination by association in the case law of the Court of Justice of the European Union (CJEU), focusing on its origins and legal
foundations. The author points out that while the prohibition of discrimination in EU law traditionally applies to individuals possessing a given protected characteristic, such as disability
or ethnic origin, the CJEU’s case law – starting with the Coleman judgment – has extended protection to individuals who do not possess these characteristics themselves but
are in close relationships with individuals who do. The author’s underlying argument is that the development of a jurisprudential concept concerning the prohibition of discrimination by association is fundamentally necessary.
The aim is to prevent and combat this form of discrimination, which has not yet been addressed in EU anti-discrimination legislation. The article focuses on presenting the various
forms of this discrimination: direct and indirect and formulates research questions regarding the scope of the application of this concept by national courts ad casum. The analysis was carried out based on the dogmatic-legal method and led the author to the conclusion that the interpretation of the prohibition of discrimination by association should serve to ensure the actual protection of equality, responding to evolving social and legal needs, and the instruments used for this purpose – especially those developed in the case law of the CJEU – should, as far as possible, minimize doubts related to their application in specific factual situations in order to increase their preventive value.

Progress and change, or a curiosity in the light of administrative law? Administrative institutions established by non-public entities – the example of non-public museums

2026-01-21T07:14:11+00:00

The article addresses the issue of non-public museums which perform the same public tasks as their public counterparts, thereby justifying the recognition of the former as administrative institutions within the framework of contemporary Polish administrative law. The study formulates a research question concerning the statutory definition of a museum and whether it allows accepting functional equivalence between public and non-public museums. It emphasizes the need to acknowledge non-public museums as administrative institutions that carry out identical public tasks in the fields of culture and protection of cultural heritage. The applied methods: dogmatic legal analysis of regulations concerning museums and administrative institutions, comparative examination of doctrinal positions (structural-organizational vs. material-functional approaches), and analysis of case law regarding private entities performing public tasks — enabled formulation of the final conclusions.
The findings suggest that all museums, regardless of their founding entity, serve the same public functions related to preservation of cultural heritage. The increasingly prominent

Diffusion and interference – a few words on Environmental Law and its boundaries

2026-01-21T07:14:03+00:00

Doctrinal findings allow for the recognition of both external and internal boundaries within environmental law. At the same time, scholarly literature increasingly observes an unprecedented degree of diffusion and interference of legal institutions originating from other branches of law into the field of environmental law. For the purpose of describing these normative phenomena, this study advances the thesis that environmental law constitutes a domain lacking clearly defined internal boundaries—both within administrative law
and within the legal system as a whole—and is particularly susceptible to the processes of diffusion and interference. The absence of strict boundaries may enhance the adequacy
of the norms proposed by the legislator in achieving the objectives of environmental law. To substantiate this thesis, the study employs the dogmatic-legal (linguistic-logical)
method, based on analyses of legal texts. The analyses lead to the conclusion that the diffusion of solutions characteristic of civil law, as well as the blurring of boundaries (interference)
with public economic law, contribute to increasing the effectiveness of legal regulation, provided that the axiological identity of environmental law is preserved at its intersection
with other branches of law.

Seizure of real estate for temporary accommodation of the Armed Forces of the Republic of Poland

2026-01-21T07:14:10+00:00

The issues discussed in this article concern the organisational and procedural aspects of one of the several types of military accommodation existing in Polish law, namely temporary accommodation in the form of real estate seizure. The article, which draws on normative acts, court rulings and literature on the subject, analyses the evolution of military accommodation in the past, presents the methods and procedures for seizing real estate for military purposes, and discusses the issue of its financing.

The Legal Nature of Obligations and Objectives Contained in National Planning Acts in the Scope of Environmental Protection and Climate Policy: Between Soft Law and Binding Norms

2026-01-21T07:13:53+00:00

The aim of this article is to analyze the legal nature of the obligations and objectives contained in national environmental strategies and climate policy documents. The central thesis is that planning acts despite lacking the status of sources of universally binding law can nonetheless produce legal effects and influence both the practice of law application and the shaping of public policies. The main research question addresses the boundary between
soft law and legally binding norms in the case of such documents. The primary subject of the research is national planning acts in the field of environmental protection and climate policy, considered as tools of strategic administrative governance and carriers of functional
normativity. The significance of this study for legal sciences lies in illustrating the evolution and complexity of planning acts, which, although formally non-normative, play coordinating and directive roles, and in some cases also functionally normative ones. This issue has important implications for the theory of sources of law and the typology of administrative actions. The applied methodology includes dogmatic-legal, historical-legal, and comparative methods. Seventeen planning acts—both in force and in their draft form—were analyzed in terms of their legal basis, binding force, and the typology of included norms. The findings demonstrate that planning acts shape administrative practice and public policy despite lacking explicit normative authorization. Their influence increases with consistency with EU and international law and with proper integration into the strategic governance framework. A lack of timely updates and systemic coherence may diminish the effectiveness of implementation and weaken legal certainty.

Creditor Protection in Insolvency Proceedings and the Priority of Restructuring Over Bankruptcy – An Analysis of the Effectiveness of Insolvency Proceedings in Light of Economic Analysis of Law

2026-01-21T07:13:58+00:00

The article analyses creditor protection mechanisms in Polish bankruptcy proceedings and the statutory priority of restructuring over bankruptcy from the perspective of
the economic analysis of law. The author posits that these mechanisms can be considered economically efficient only if they genuinely increase the aggregate value available to creditors and society. The main research question concerns the way in which legal instruments addressing the “common pool problem” function in practice, including the automatic stay limiting the race of creditors, the absolute priority rule and the hierarchy of claims. Additional questions focus on the impact of these instruments on transaction costs and procedural efficiency, as well as the role of the trustee and judge-commissioner in shaping the effectiveness of insolvency proceedings. The article also examines whether the statutory priority of restructuring over bankruptcy is economically justified in light of law and economics theory. The analysis employs the dogmatic-legal method supplemented by economic analysis of law and a review of empirical studies on the real efficiency of insolvency proceedings in Poland and selected jurisdictions. The results indicate that, despite a normative framework aimed at protecting the bankruptcy estate and optimising its distribution, Polish bankruptcy proceedings remain characterised by low recovery rates, high transaction and procedural costs and excessive duration. These factors undermine the real level of creditor protection and increase the cost of capital. At the same time, the priority of restructuring is justified only where the going-concern value significantly exceeds liquidation value and institutional capacity allows timely procedures. The conclusions emphasise the need for a more balanced model that integrates creditor protection with debtor viability and broader social costs of insolvency.

Legal liability of a doctor issuing a certificate of no contraindications to driving a vehicle for the consequences of causing an accident by a driver who has symptoms of an illness manifesting itself in loss of consciousness

2026-01-21T07:14:07+00:00

Owning your own vehicle was a symbol of wealth and prestige just a decade ago. Today, motorization is essential for a significant portion of society. It increases quality of life
and earning potential. Recognizing the importance of owning a vehicle, the legislature allows people with disorders manifesting as loss of consciousness to drive. The aim of this article is to highlight a loophole in the law, which is the limited ability, or even nonexistent in many cases, to hold a doctor accountable for issuing a certificate stating that driving a vehicle is not contraindicated for a person who caused a car accident following a loss of consciousness while driving. The author asks whether it is possible to hold a doctor legally liable in this situation. The article analyzes the legal consequences of the discussed incident under civil and criminal law for the doctor, whose ruling was used to issue the driver’s driving license. The study utilizes dogmatic-legal, analytical (case study analysis), and psychological methods.
The study is of significant legal significance in terms of standardizing the application of the law to physicians who admit drivers with impairments manifesting as loss of consciousness to further stages of the driving license process, and in highlighting discrepancies in the scope of liability. The analysis indicates limited liability for physicians in this situation, thus limiting the ability of injured parties to pursue their rights. The entire study concludes with de lege ferenda proposals that could contribute to improving the existing legal framework.

Evaluation of legal education – an attempt to create a mode

2026-01-21T07:14:00+00:00

The article proposes a methodology for evaluating the teaching quality of law faculties based on public data on the selectivity of recruitment, graduate earnings and unemployment, and pass rates for bar pupillage. The study was limited to full-time studies at public law faculties. In each category, universities were awarded a specific number of points corresponding to the quartile to which they were assigned. The final position in the ranking depends on the sum of points obtained in each of these categories, with each category being weighted equally. Descriptive statistics were also produced, showing a high degree of homogeneity among universities, regardless of whether they are old or newly established. The only criterion in which statistically significant differences between the two groups were observed was the pass rate for applications. A procedure for creating a complete ranking for the purposes of future teaching evaluation was also proposed. This new ranking would be expanded to include new variables, providing a more complete picture of the quality of education. It would also be possible to apply it to fields of study other than law.

The coexistence of personal security with administrative law in times of threat

2026-01-21T07:14:08+00:00

The essence of administrative law is constant changing of regulations and norms in this area due to the evolving social reality, changes going on within the social environment of administration and administrative law. Often, this changing is motivated by the desire to improve the effectiveness of existing legal regulations in order to enhance personal safety,
which is justified by the fact that administrative law serves interests of the individual. The aim of this article is to demonstrate the relationship between changes in administrative law and the personal safety of those subjected to this law. The main thesis of the article is that ill-considered, overly frequent changes to administrative law regulations and standards may pose a threat to personal safety. The research question was formulated as follows: How can threats to personal safety, resulting from changes in administrative law, be mitigated? The research was based on three selected areas of study: the area relating to the casuistry of administrative law provisions, the procedural area related to legal security, and the area of performing public tasks related to road maintenance in the context of their decategorisation.
It seems that the research conducted is of significant importance not so much for changing administrative law as for educating and informing about this change. The main method used in the study is the dogmatic-legal method and the method of legal text analysis. The main conclusion of the study is the proposal to inform and educate about the changes being introduced, both in the context of those applying the law (officials) and those to whom the law is addressed, affecting their administrative and legal situations, in order to eliminate the risks resulting from too frequent, ill-considered and complicated changes in administrative law.

Review of Adrian Niewęgłowski’s monograph Copyright and Related Rights in the Bankruptcy Estate, Wolters Kluwer Publishing House, Warsaw 2024

2026-01-21T07:14:13+00:00

This article is a review of Adrian Niewęgłowski’s monograph under the title Copyright and Related Rights in the Bankruptcy Estate published by Wolters Kluwer Publishing House, Warsaw 2024. This is the most in-depth study in Poland on the interface between insolvency law and copyright law. The reviewed monograph expresses the view that, in general,
copyright property rights are not included in the bankruptcy estate. However, such a thesis is highly controversial. The article presents a number of arguments for the opposite position.

XIX Legal-Historical Colloquium Between profanum and sacrum – legal and historical aspects

2025-06-09T02:48:55+00:00

On 3 June 2025, the 19th Legal and Historical Colloquium entitled ‘Between the profane and the sacred – legal and historical aspects’ was held. It was organised by the Department of History of Law and Religious Law of the Institute of Legal Sciences of the University of Opole, the Doctoral School of the University of Opole, the Opole University Foundation, the Human Rights Research Club, and the Inter-Lex Research Club. The scientific directors of the symposium were Prof. Piotr Sadowski, PhD, and Prof. Andrzej Szymański, PhD, both of the University of Opole, and the secretary was Dr. Katarzyna Pluta. Several dozen speakers reflected on the relationship between the new religion and the old world, between Christianity and Romanity, between the Church and the state. The report presents detailed summaries of the speeches delivered by the following speakers: Salvatore Puliatti, Bronisław Sitek, Stanisław Leszek Stadniczeńko, Krystyna Kossakowska-Jarosz, Józef Koredczuk, Piotr Sadowski, Aleksandra Szymańska, Marcin Piotr Bider, Karolina Wojtucka, Daniel Wojtucki, Piotr Steczkowski, Konrad Kamiński and Andrzej Szymański. The presentations of the other participants were only indicated by the titles of their papers. The conference, organised on the 1700th anniversary of the Council of Nicaea, so important for both the Church and the Roman Empire, proves that the profane and the sacred are dichotomous categories, and that matters of religion are still relevant to society, the state and the Polish legal system.