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On why the Court did not want to fight smog, or several comments on the resolution of the Polish Supreme Court on the right to live in a clean environment

100%

Bielska-Brodziak A. , Drapalska-Grochowicz M. , Suska M.

nr 3

27-41

The authors analyse the 2021 ruling by the Polish Supreme Court, which refused to acknowledge the right to live in a clean environment as a personal interest. The purpose of the paper is not only to evaluate the quality of the Supreme Court’s argumentation, but also to highlight the implicit premises that were missing from the grounds of the decision. Based on these findings, the authors draw broader conclusions about the circumstances that increase the likelihood of pro-environmental (including pro-climate) court decisions and breakthroughs in interpretation. The authors use the latter term to describe the situation of challenging the previous, widely accepted interpretation of certain legal provisions, favouring a different interpretation that considers societal changes in values and beliefs. The authors evaluate the Supreme Court’s arguments and put forward the thesis that the construction of personal interests was not the primary reason for rejecting the recognition of the right to live in a clean environment as a new personal interest. The authors used two methods to search for the hidden premises of the Supreme Court’s resolution: (i) they examined the discourse supporting the rejection of the right to live in a clean environment as a personal interest, and (ii) they placed the resolution in its socio-political context. The authors identify four conditions that increase the likelihood of pro-environmental (and pro-climate) court judgments: (i) the condition of costs’ expediency, (ii) the condition of individualization of responsibility, (iii) the condition of respect for the judiciary and (iv) the condition of public support. The last two conditions apply to interpretative breakthroughs in general, regardless of the subject matter.

Ujawnienie tajemnicy adwokackiej a odpowiedzialność adwokata za naruszenie dobra osobistego klienta w formie prawa do prywatności

72%

Harlecka-Fordey K.

nr 1

23-34

The article is devoted to the issue of attorney’s accountability for revealing, by breaching the attorney-client privilege, information concerning the client’s private life, which is perceived as a personal right according to the civil law. The author makes an attempt to answer the question which legal articles will be breached by the attorney in this case, and how the client can pursue their rights. She weighs the attorney’s accountability both when the attorney reveals some information of their own volition, and when they are forced by the existing legal articles. The author’s findings lead to an unequivocal conclusion that the client from the above-mentioned situation can pursue their rights, which the attorney had violated by breaching the attorneyclient privilege, not only by instituting disciplinary proceedings against the attorney, but also based on the civil law articles. However, a positive result of both proceedings will always be dependent on deciding whether the attorney is unlawful.

Rozwój zakresu przedmiotowego ochrony dóbr osobistych w świetle społecznych wyzwań XXI wieku

72%

Kozłowski J.

2018

tom 24

51-62

One of the greatest and most important challenges of private law in the 21st century is the adaptation and evolution of key institutions to the consequences of social or economic development. An extremely interesting process in this context is the development of the scope of the subject protection of personal rights. The aim of the article is to discuss this phenomenon, with particular emphasis on the influence of the literature and jurisprudence on extending the scope of the subject of personal rights. The author also draws attention to the way in which the concept and scope of personal rights were developed and modified, citing and discussing the most important positions and doctrinal disputes. In addition, an example was presented, which serves to illustrate the analyzed trend. It is the potential recognition of violations related to the low level of air quality in Poland covered by protection under the provisions on personal property. The author describes this issue, taking into account the provisions of European law, through Polish regulations and positions of the literature, formulating his own predictions about the future of this particular problem, emphasizing its importance. This reflection illustrates how the discussed civil law institution undergoes modification as a result of the social challenges of the 21st century. In the elaboration of the above issue, scientific methods were used, such as: analysis of judicial decisions, normative acts — both domestic and European ones, in addition the dogmatic method was used. Numerous conclusions have been derived as a result of the analysis, among other things — an indication of universality as one of the greatest achievements of doctrine. This dependence results from the fact that new private law challenges can be assessed through the prism of universal institutions that have already been created, only by modifying them, developing or deliberating on how to use them. The tendency described in the work can be extended to a range of other contemporary challenges before courts, but above all to the legislator.