Legal studies and analyses | In Principle

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In principle. Legal studies and analyses

The first issue of the semi-annual In Principle. Legal Studies and Analyses (in Polish, with English abstracts) appeared in November 2019. It is the scholarly counterpart to the firm’s portal In Principle, focusing on practical aspects of creation and application of law, but in a more in-depth, specialised approach.

Our authors are mostly legal practitioners, but often combine their practice in law firms, courts, prosecutors’ offices, and public institutions with work at universities or other academic or training experience.

The journal is open to contributions from all corners of the legal community: judges, advocates, attorneys-at-law, notaries, prosecutors, bailiffs, public administrative staff, academic staff, and professional trainees. We seek pluralism in the authors’ specialisations and affiliations.

Our aim is for the journal to offer a broad forum for exchange of views enriching all fields of legal literature. We would also like it to serve as a tool enabling the authors to contribute actively to the development of case law. We believe that one of the overriding aims of the legal community should be to help ensure that the entire legal system in Poland functions harmoniously.

The substantive quality of the content is overseen by the Academic Board, comprising recognised legal authorities, and a team of reviewers who are specialists in their field.

The original (reference) version of the journal In Principle. Legal Studies and Analyses is the print edition.

Editors:
Dr Przemysław Szymczyk, editor in chief
Dr Maciej Kiełbowski, deputy editor in chief

Copy editor:
Justyna Zandberg-Malec, Joanna Gonczarow

Academic Board:
Prof. Alexander Bělohlávek, Prof. Elżbieta Chojna-Duch, Prof. Carlos Flores Juberías, Prof. Lech Garlicki, Prof. Tomasz Giaro, Prof. Roman Hauser, Dr Tomasz Koncewicz (professor of the University of Gdańsk), Dr Małgorzata Kozak, Prof. Bertrand Mathieu, Prof. Witold Modzelewski, Prof. Fryderyk Zoll

Reviewers:
Prof. Jan Barcz, Prof. Andrzej Kidyba, Prof. Elżbieta Kornberger-Sokołowska, Prof. Adam Łazowski, Prof. Zygmunt Niewiadomski, Prof. Gertruda Uścińska, Prof. Jerzy Zajadło, Dr Jarosław Grykiel (professor of Adam Mickiewicz University), Dr Michał Krakowiak (professor of the University of Łódź), Dr Adam Błachnio, Dr Wiktor Klimiuk, Dr Marta Kozłowska, Dr Iga Małobęcka-Szwast, Dr Olga Piaskowska, Dr Piotr Piesiewicz, Dr Beata Rogalska, Dr Mateusz Tchórzewski, Dr Radosław Wiśniewski

ISSN 2658-2287

Volume 1/2023
Acquirers of claims under the Warsaw Decree as a party to proceedings to establish perpetual usufruct of land| Broader access to bank accounts by the tax authorities: Invisible surveillance of citizens | The nature of indirect discrimination in Polish and British employment law | Proposed amendments to the Fiscal Penal Code: A necessary step to protect budget revenues or unfounded repression? | Legal mechanisms for reducing the creation of food waste in Poland in the context of achieving the aims of the European Green Deal | A critical gloss on the judgment of the District Court for Gdańsk-Północ of 20 October 2021 (case no. V GC 1736/19)
Volume 1/2023
Volume 1/2022
Should regulations governing the construction sector be codified? The situation in Lithuania |  The mechanism of tax support for protection of landmarks: Conclusions under existing law and with a view to future law | Creation of law, and resolutions of the Supreme Administrative Court clarifying legal regulations: An outline of the issue in a comparative approach | Counsel to a witness in a criminal case: The measure of a fair trial | The criminal offence of publicly insulting the President of the Republic of Poland (Art. 135 § 2 of the Polish Criminal Code), and his constitutional status | Sale of real estate and the taxpayer’s VAT status | Damages for costs of care provided free of charge by family members to an injured party who has suffered bodily injury or a health disorder | The (un)resolved problem of funds in a bank account in cyber fraud and other cases | Electronisation and automation mean convenience for customers and millions in savings
Volume 1/2022
Volume 2/2021
Admissibility of perpetual licences: Time for a new approach? | Economic analysis of taxes and their role in the economy using the example of personal income tax | Tax base for the tax on certain financial institutions | Liechtenstein: A small country, but up‑to-date and significant in Europe. Part 2: Liechtenstein’s new blockchain law and a comparison with similar acts in other jurisdictions | Liability of a management board member of a company as a beneficiary of state aid in the context of timely filing of a bankruptcy petition | Cooperation in tax good governance at the EU level | We all have a right to live in a clean environment | Classification of an infringement as negligible in the case of an administrative tort subject to a mandatory fine | On the system for training lawyers and related new challenges
Volume 2/2021
Volume 1/2021
Of the promises and limits of the courtroom in the European law | Liechtenstein: A small country, but up-to-date and significant in Europe. Part 1: Creation of a sovereign state, growth of its own legal system, and opening up to Europe and the world | The family foundation: Economic and tax aspects | A private foundation as a contracting authority? | Specific performance as a form of redress of injury from breach of contract | Legislative intent according to the parliament or the court? | Tax schemes as the subject of individual tax interpretations | On legal communication, a journey through the court, and the need for a positive story  
Volume 1/2021
Volume 2/2020
Glaring loss as a ground for applying rebus sic stantibus clauses | The significance of the notion of “substantial modification of a contract” in public procurement law, with particular attention to Directive 2014/24/EU and the case law of the Court of Justice of the European Union | The employer’s obligation to provide reasonable accommodation to disabled employees | The crisis of democracy: An attempt at an explanation | Implementation by Poland of the Convention on the Elimination of All Forms of Discrimination against Women in light of the concluding observations of the CEDAW Committee | Fees for VOD services: A tax-law analysis in light of Polish and French solutions | Assignment of claims under mandatory motor vehicle civil liability insurance for reimbursement of the cost of preparing a private appraisal: Comment on the resolution of a seven-judge panel of the Supreme Court of Poland of 2 September 2019 (case no. III CZP 99/18) | Obvious unconstitutionality as grounds for setting aside a decision imposing an administrative fine. Comment on the judgment of the Supreme Administrative Court of Poland of 30 January 2019 (case no. II OSK 555/17) | First, do no harm
Volume 2/2020
Volume 1/2020
Penalisation of the reverse distribution chain for drugs in Poland | EU citizenship as a legal and political concept independent of affiliation with a member state | Selected schemes for international distribution fraud and standing to seek damages for economic loss under the CMR Convention | Non-binding resolutions of local government authorities | The rules for operation of the EU Emissions Trading System and its impact on the electricity market in Poland | Relief from excise tax on energy-intensive plants | A century of the concept of a business operator under Polish law (part 2) | Corrupt practices in contracts and the enforceability of arbitration awards | “Serious cause” for contract termination| Trends in international arbitration
Volume 1/2020
Volume 1/2019
Reform of trading in agricultural property, fees for perpetual usufruct, vacant succession, best practices in arbitration proceedings, digitalisation of proceedings before the administrative courts, climate change as environmental harm, a century of the concept of a business operator under Polish law, the amicus curiae brief in various legal systems, VAT in international trade 2020, note on Supreme Court of Poland resolution, case no. III CZP 6/19 (overlapping rights of pre-emption to real estate) and on the Supreme Administrative Court judgment, case no. II OSK 259/17 (violation of general rules of the Administrative Procedure Code as independent grounds for a cassation appeal).
Volume 1/2019