The Opole Studies in Administration and Law

The impact of legislative amendments on the effectiveness of alternatives in the EIA in Poland

Adrian Chochoł — 2025-06-30

The article analyses the impact of the 2019 and 2023 amendments to the Act on Access to Information on the Environment and its Protection, Public Participation in Environmental Protection, and Environmental Impact Assessments (EIA Act) on the functioning and effectiveness of alternatives analysis in the Environmental Impact Assessment (EIA) procedure. The author posits that these modifications have negatively affected the ability of alternatives analysis to provide substantive analyses supporting selection of the optimal variant in the decision-making process regarding environmental decisions. The main research question concerns the way in which these legislative changes have influenced the functioning and effectiveness of this tool. Additionally, the author conducted a detailed analysis of the legislative process to determine the reasons behind the changes. The discussed issue aligns with the current global research focus on streamlining the EIA procedures, especially in the context of the ongoing energy transition and ensuring appropriate mechanisms for public participation. The research employed the dogmatic-legal method, supplemented by the author’s observations from direct involvement in EIA procedures in Poland and experiences from the legislative process of the amendments. The analysis revealed that changes to Article 81(1) of the EIA Act significantly limited the authority’s competence to select an alternative project variant, making it dependent on demonstrating the impossibility of implementing the investment in the variant proposed by the investor. Meanwhile, the amendment to Article 66(1)(5 of the EIA Act reduced the minimum number of alternatives that must be analysed in the EIA report from three to two, depriving the authority of the ability to use a “comparative grid” to reliably assess different options for achieving the investment goal and prevent the development of apparent alternatives. The current regulations significantly limit the possibility of determining optimal environmental conditions, which may contribute to an escalation of social conflicts rather than their minimization.

Geoankieta jako forma konsultacji społecznych w planowaniu i zagospodarowaniu przestrzennym

Emilia Gulińska — 2025-06-30

The present study is devoted to the issue of use of geo-survey as a tool of public participation in the process of creating spatial planning acts. It is founded on the statement that geosurvey as a tool of electronic public participation offers an innovative and effective solution to support the process of spatial planning, in this way enabling inclusion of residents in decision-making activities through interactive acquisition of spatial data. Consequently, it promotes the principles of democratisation, transparency and inclusiveness in public administration. The question arises how the geo-survey implements the idea of electronic public participation and what benefits and limitations arise from the use of the analysed tool in the administrative practice. Accordingly, the goal of this paper is to present the geo-survey as a modern form of public consultation in spatial planning and development. The author aims to discuss the essence, use and importance of the geo-questionnaire as a tool for electronic public participation, enabling collection of spatial data from citizens. She also attempts to assess the effectiveness of this tool in the context of enhancing social dialogue and increasing the transparency and efficiency of planning processes. The considerations in the paper are important for legal sciences, as they contribute to the development of research on the interaction of law with modern technologies, including the instrument of e-administration and e-participation. Application of the geo-questionnaire in planning and spatial development process shows a new dimension of public consultation based on the use of information and communication technologies and spatial information systems. The paper uses a dogmatic-legal method.

Criminal jurisdiction in outer space in multi-module space objects. An outline of the problem

Hubert Hadała — 2025-06-30

This article is focused on criminal jurisdiction in space in relation to multimodularobjects launched into it. The purpose of the considerations is to present contentious situations in space that are lacking in adequate legal regulation and to proposepossible solutions to the problem. The study of this aspect has a fundamental impact on the development of international space law and also allows for precise and, above all, effective enforcement. In his considerations, the author presents a methodology of classification of crimes in space and also indicates, by citing an examplary situation based on the registration issue, that new multi-modular objects created by the amalgamation/merger of separately registered objects, may cause difficulties in the attribution of responsibility and enforcement of possible criminal acts. The paper uses comparative, deductive, historicallegal and individual case methods. The findings of the analyses confirm that the precision of defining certain aspects is insufficient and there are deficiencies occurring in the Registration Convention, which necessitates updating the Convention’s provisions. Therefore, probably the most effective method is to use potentially optimal solutions focusing on the application of reasoning by analogy in the context of the laws in force on Earth, e.g. the Law of the Sea, the Antarctic Treaty.

Welfare of farmed animals in European Union law: the challenging protection of sentient beings in the agricultural sector

GABRIELA KUBIKOVA — 2025-04-11

This paper examines the protection of farmed animals under European Union law, considering the tension between their formal recognition as sentient beings in Article 13 of the Treaty on the Functioning of the European Union and their concurrent classification as agricultural products under the same Treaty. This dual status raises the central question of how law attempts to reconcile economic interests of the agriculture system driven by productivity and our ethical duty to ensure good welfare of animals in human care. To address this, historical and analytical legal methods alongside an interdisciplinary approach are employed to explore the evolution of farmed animal protection in primary and secondary law and to assesses the practical implications of this legal framework on the lives of billions of animals farmed within the EU. The findings indicate that the current legislative framework is outdated from a scientific point of view, and its drafting hinders effective enforcement at the Member State level. Furthermore, the Common Agricultural Policy’s persistent support for intensification limits progress in animal welfare and pushes it lower on the list of political priorities. Set against the backdrop of the Farm to Fork Strategy, the paper provides insights into the political and legislative processes shaping the planned revision of the animal welfare legislation and offers a legal perspective on the structural obstacles to a meaningful reform.

Exemptions for the benefit of commissions, judicial bodies and courts as one of the elements of shaping the scope of fiscal secrecy in France

Michał Mariański — 2025-06-30

The aim of this article is to analyse and assess two of the eight groups of derogations distinguished in the French legal system within the framework of regulation of the scope of fiscal secrecy. The above will allow verifying the thesis concerning the extensive nature of the regulation of exceptions to the obligation to maintain fiscal secrecy in France. Another important issue will be the research question posed by the author about whether one of the characteristic features of French law, in particular administrative law, consisting in the introduction of general rules from which very extensive exemptions apply, is also applicable to tax law. The analysis of the method of regulating the issue of exemption from professional secrecy, referred to in tax law as fiscal secrecy, in the scope of derogations concerning committees and referring to judicial bodies and courts, is the main topic of the considerations in this study. The significance of the presented research for legal sciences is very important, as it will allow creating an introduction to broader analyses aimed at expanding the discussion in this aspect with additional comparative arguments. In order to meet the assumptions of this work, the author used both the historical-legal and dogmatic methods, as well as the comparative method as an auxiliary one. The results and conclusions from the conducted analyses refer to the issue of completeness of French regulations, their detailedness and compatibility with contemporary requirements of digital economic turnover. The conclusion also includes an analysis of the potential use of French solutions by the Polish legislator.

Ecocide: from a war crime to an international crime?

Jonatan Rigo-García — 2025-05-06

in response to the relevance achieved in the last decade, this article explores the evolution of ecocide as a legal concept, from its origins to its contemporary status as a potential international crime, with the aim of assessing whether current proposals are viable and legally coherent. Using both historical and black-letter legal approaches, the research traces the reciprocal influence of early ecocide definitions on international humanitarian law, and how the latter in turn contributed to consolidating a particular legal conception of the former. Focusing on the key elements of the currently prohibited threshold of environmental damage during armed conflicts, the study addresses its limitations, highlighting the ambiguities of the terms and their unsuitability for peacetime application. We conclude that while ecocide was ultimately codified as a war crime in article 8.2(b)(iv) of the Rome Statute, its broader recognition as a standalone international crime requires clearer definitions and a reconsideration of the threshold criteria, in this way contributing to advancing the legal understanding of ecocide and its potential as a tool for environmental justice.

The preventive nature of the construction law in the scope of environmental protection

Joanna Smarż — 2025-06-30

The environment is a common good that must be protected for future generations. Therefore, environmental protection is an important aspect taken into account by the legislator in a number of generally applicable regulations. The basic legal act in this area is the Environmental Protection Law. However, during the construction process, the provisions of the Construction Law, which strengthen and supplement the provisions of the Environmental Protection Law, are of particular importance. Therefore, it is worth analyzing the mutual relations between these regulations, which are in force simultaneously during the construction process. The thesis of the article is the statement that the provisions of the Construction Law are preventive in the field of environmental protection. The purpose of these regulations is toprevent activities that may have a negative impact on the environment during the construction process. Therefore, the provisions of the Construction Law apply from the stage of investment planning, through its implementation, into the use of completed facilities. In order to ensure proper environmental protection, these regulations will introduce stricter requirements for investments that may have a negative impact on the environment, protecting it. As the analysis of the above-mentioned regulations shows, environmental protection, within the scope regulated by the provisions of the Construction Law, is an indispensable element of the process of planning and implementing investments aimed at sustainabledevelopment, minimizing the negative impact on the environment and caring for natural heritage. Unfortunately, sometimes the provisions of both acts are not consistent with each other. An additional difficulty is that the provisions of the Construction Law and environmental protection are not the only regulations that should be taken into account during the implementation of a construction project. The number of regulations in force, depending on the type of investment, is significant, which makes it difficult for investors to apply themcorrectly. The dogmatic-legal method was used to amalyze the title issue.

The final decision of the President of the Office of Competition and Consumer Protection in cases of practices infringing collective consumer interests as evidence in group proceedings in cases of ascertaining the application of practices infringing consumers’ general interests

Karolina Świeca — 2025-06-30

The present study is an analysis of the research problem which is the possibility of giving preliminary ruling effect to final decisions of the President of the Office of Competition and Consumer Protection. The purpose of the article is to highlight doubts arising in the context of possible binding of the court to final decisions of the President of the Office of Competition and Consumer Protection in cases of practices that infringe the collective interests of consumers in group proceedings for ascertaining the application of practices that infringe consumers’ general interests or those of claims related to their application. The thesis that the decisions of the President of the Office of Competition and Consumer Protection should have the force of evidence and not the force of a preliminary ruling seems justified. However, regarding this aspect, there arises a research question concerningthe scope of assessments. The following research methods were applied: content analysis and systemic method. Group proceedings cover interests of collective consumers as well as interests of a group of individual consumers, in contrast to administrative proceedings conducted by the President of the Office of Competition and Consumer Protection. In addition, there is a possibility that the court may be bound by defective decisions, which would contradict the principle of legal certainty. The analysis is important because of its impact on shaping of the legislation on vindication of claims in court proceedings between consumers and traders.

Critical commentary on the judgment of the Appellate Court in Lublin dated 23 June 2022 (case no. I ACa 184/22)

Piotr Łebek — 2025-06-30

The judgment commented on contributes to the ongoing scholarly discourse regarding the necessity of developing coherent and transparent standards for assessing allegations of arbitrator bias within sports arbitration proceedings. In addressing this multifaceted issue, two central questions emerge: firstly, whether any concern raised regarding an arbitrator’s potential lack of impartiality should automatically constitute sufficient grounds to set aside an arbitral award, and secondly, to what extent the internationally recognized IBA Guidelines on Conflicts of Interest can be effectively employed to assess arbitrators’ independence in sports-related disputes. It is argued that the mere assertion of partiality does not justify overturning a rendered arbitration decision. It is rather a comprehensive, case-specific analysis of the arbitrator’s conduct within the broader factual and procedural context that is imperative. In this regard, the IBA Guidelines assume particular significance, as they offer a structured, objective, and widely accepted methodological framework for evaluating potential conflicts of interest. Achieving an equilibrium between the procedural safeguards afforded to parties and the principle of arbitral award finality is paramount. Enhancing transparency and expanding disclosure obligations bolster confidence in arbitration,thereby facilitating the expeditious and equitable resolution of sports-related disputes.

The 2nd International Scientific Conference "The Child in the Family – Past and Present," December 13, 2024, Opole – Lublin – Lviv

Lena Zelmanowicz — 2025-06-30

On December 13, 2024, the 2nd International Scientific Conference entitled “The Child in the Family – the Past and the Present” was held, organized by the Human and Civil Rights Defense Scientific Circle of the University of Opole in cooperation with the Department of History of Political Systems and Canon Law of the Catholic University of Lublin, the “Inter-Lex” Scientific Circle at the University of Opole, the Law History Section of the Students’ Law Scientific Circle of the Catholic University of Lublin, and the Law Students’ Scientific Circle of Ivan Franko National University of Lviv. The conference was conducted in a hybrid format, allowing in-person participation in Opole, Lublin, and Lviv, as well as online participation via Google Meet and MS Teams platforms. The event focused on analyzing the legal position of children throughout history, considering civil, criminal, educational, and international aspects. A total of 42 presentations were delivered during the sessions, sparking lively discussions among participants and highlighting the importance of an interdisciplinary approach and international cooperation in the protection of children’s rights.