Published: 2026-06-30

Relationships between Competence, Sanctioned, and Sanctioning Norms in the Context of Criminal Law

Michał Dębowski
The Opole Studies in Administration and Law
Section: Articles
DOI https://doi.org/10.25167/osap.6149

Abstract

The research presented in the article negatively verifies the thesis that the relationships between sanctioned, sanctioning and competency norms in criminal law are peculiar compared to other branches of law, and that these relationships can be described as a triad of legal norms. To this end, the article seeks to answer the research questions regarding the nature of the relationships between the concept of a competency norm and those of sanctioned norm and sanctioning norm, and whether these relationships are characterised by features
peculiar to criminal law. The research employed the method of normative analysis. The study is based on the analysis of a body of Polish legal theory. The findings show that, based on
the traditional understanding of the concepts of sanctioned, sanctioning and competency
norms, the concept of competency norms stands in the relationship of intersection with the concepts of sanctioned and sanctioning norms. On the basis of an alternative understanding of these concepts, it should be reserved that the concept of a competency norm stands in a relationship of superiority to the concept of a sanctioning norm. The study concludes that the relationships between the concepts of competency norms and those of sanctioned and sanctioning norms in criminal law do not differ from those in other branches of law. It is not possible to formulate a divisional criterion that would allow proposing a logical division in which the divisional members would be: sanctioned, sanctioning and competency norms. Provisions prohibiting certain acts under the threat of penalty contain three legal norms: the sanctioned norm, the sanctioning norm and the competency norm.

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Dębowski, M. (2026). Relationships between Competence, Sanctioned, and Sanctioning Norms in the Context of Criminal Law. The Opole Studies in Administration and Law, 24(1), 27–42. https://doi.org/10.25167/osap.6149

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