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Gdańskie Studia Prawnicze, Iss 4(69)/2025, Pp 9-24 (2026)
ISSN 1734-5669 · Gdańsk University Press · 173 artikel di indeks
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Artikel Jurnal
Judicial Independence in General and in England and Wales
The article concerns judicial independence. It is a fundamental element of the rule of law. A recent disregard for these ancient requirements of democracy in some countries, including some EU Member States, has caused international concern. This chapter explains the following issues: – important…
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Benefits and Risks Resulting from Granting Legal Protection to Whistleblowers in the Process of Detecting Irregularities in the Financial Market
On 23 October 2019, the European Parliament and the Council (EU) adopted Directive 2019/1937 on the protection of persons reporting breaches of EU law. Its aim is to improve the enforcement of EU law and policies by increasing the ability to effectively detect infringements of the law. The means to…
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Business Continuity and Pregnancy and Illness Status
The subject gloss expresses approval for the theses presented in the Supreme Court’s decision of 19 April 2023, III USK 304/22. In the ruling referred to, the Supreme Court unequivocally confirmed that the state of pregnancy does not constitute an obstacle to being subject to social insurance in…
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The System of Licences and Permits for Organization of Online Gambling: Penalties for Violations of National Legislation Establishing a System of Licences and Permits for the Operation of Games of Chance
The ruling, in Case C-49/16, addresses the question of whether legislation that does not create a monopoly in the gambling market and which guarantees market players a theoretical opportunity to enter the Hungarian gambling market, but the application of which still prevents market players from…
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Prerequisites for the Application of Sanctions in the Form of Removal from the List of Attorneys-at-Law Due to Non-Payment of Membership Fees
Payment of membership fees is an obligation resulting from membership in a professional self-governing body of attorneys-at-law. According to the content of Article 29 of the URP, a regional bar of attorneys-at-law may remove an attorney-at-law from the list, among other reasons, for failure to pay…
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Artikel Jurnal
The Assumption of the Profit-Making Nature of a Business Activity for the Purpose of Determining Property Tax Liability
The gloss deals with the judgment of the Provincial Administrative Court in Rzeszów, issued following a complaint filed by a municipal legal entity against a decision on an individual interpretation, concerning the imposition of real estate tax relating to a structure used for business activity…
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A Model of Quantum-Technology Law for Understanding the Essence of Norms in Intellectual Property
The accelerating second quantum revolution is transforming encryption, sensing, and computation. There exists, however, no coherent legal framework for the intellectual-property (IP) issues it raises. This article proposes a model of quantum-technology law as a structured method for analysing and…
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Between Ambition and Compromise: The French Customs Tariff of 1892 Through the Lens of Parliamentary Proceedings
At a time when a general increase in customs duties threatens trade relations across the Atlantic, the choice between supporting a protectionist or free trade policy appears more than ever to be one of the major concerns of trading powers. This article, therefore, looks back at an essential episode…
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Axiology of Law and the Economy Authors
As an instrument of state influence on the economy, law is indeed a “product” of the state itself, defined by that state through the attribution of necessary characteristics and the linking of law to a number of values. These are closely related to the legislative process, but also to the content…
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Law in a Changing Economy and Society – Italy, the Late Nineteenth and Early Twentieth Centuries: The Birth of Academic Legal Knowledge
The advent of a novel doctrine of commercial law, firmly grounded in a robust tradition, coincided in Italy with the challenges posed by nascent capitalism. Confronted with the challenges posed by the advent of mass production and industrial society, Italian commercial law professors in the late…
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The Économistes and the Genesis of the State: A Physiocratic Reinterpretation of the Social Contract
The physiocrats were not merely economists. Deeply concerned with political, legal, and administrative questions, they, like their predecessors, reflected on the origin of society and the state. In doing so, they developed a theory of the social contract based on clearly defined premises, which led…
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The Limited Liability Entrepreneur: Different Ways to Break the Synchronisation of Liability
The starting point of this article is the fact that various continental European legislators have broken with the model of synchronisation of liability and influence by not only allowing limited liability as a correlate of limited influence, but also for the purpose of limiting entrepreneurial…
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Methodological Remarks on the Doctrinal Landscape Focusing on Codes: A (Re)Turn to Law as a Social Phenomenon
This paper proposes incorporating methods well-grounded in political and social sciences into legal research. It intends to offer a step-by-step application model that can be used in relation to any legal act, domain, territory or era. As we still observe a flood of exegesis in the majority of…
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Reflections on Codification History
Given the importance of codifications, further research on them is needed, including a re-evaluation of existing studies. Even if we distinguish between true codifications and compilations, existing definitions are problematic. Getting around this problem by using the French 1804 Civil Code as a…
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Reform and Revival: The Physiocratic Plans for Poland in the Eighteenth-Century Crisis
This article examines how the Polish-Lithuanian Commonwealth became a crucial testing ground for physiocratic ideas in the 1760s and 1770s, revealing a dynamic exchange that enriched European legal culture. As French-trained reformers and local elites sought to address the Commonwealth’s economic…
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Law and the Common Good: Remarks from a Historical Perspective
The preamble to the CFR establishes a link to Europe’s spiritual heritage. This includes the fact that political rule is not an end in itself, but must serve the people. The law is therefore inextricably linked to the common good. The essay sheds light on this connection from a historical…
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The Scope of Article 31(1) of Regulation 2015/848 and Acts Performed by the Debtor after the Opening of Insolvency Proceedings in Light of the lex fori concursus Principle
The commentary concerns the judgment of the Court of Justice of 27 March 2025 in Case C-186/24, Matthäus Metzler v Auto1 European Cars B.V. The CJEU held that Article 31(1) of Regulation 2015/848 also covers obligations arising from legal acts performed by the debtor after the opening of insolvency…
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The UK’s Rwanda Policy: The Final Frontier in Asylum Policy and Constitutional Identity? Authors
The UK Supreme Court (UKSC) declared unlawful a UK immigration policy to send asylum seekers to Rwanda for processing and resettlement. Against a backdrop of Brexit and rising nationalist politics, the policy raised fundamental questions about the boundaries between domestic and international law…
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Obligation to Refer or to State Reasons for Non-Referral under Article 267(3) TFEU: Between Ideals and Reality, Distrust and Encouragement
Déjà vu: the CJEU rejects the Advocate General’s proposal to revisit the contested CILFIT doctrine. Instead, it confirms its position from C-152/17, Consorzio, that courts of last instance are required to provide reasons for not making a reference under Article 267(3) TFEU. This judgment extends…
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EU Free Movement and Same-Sex Spouses
This case note analyses the CJEU’s judgment in Coman (C-673/16), which interpreted Directive 2004/38/EC and Article 21(1) TFEU. It evaluates the ruling’s contribution to the development of EU citizenship and the protection of fundamental rights, while also highlighting its limitations in light of…