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Criminally relevant conduct often falls under several criminal precepts, regulating as many criminal notions as possible, and it is necessary to decide whether all, some or only one of them could be applicable. This phenomenon, termed ‘conflict’, occurs when a subject’s actions with criminal relevance are, wholly or partially, subsumed under different criminal precepts. To definitively classify the punishable act, it is then necessary to take a further step, which can be considered conclusive, and determine the precept or precepts applicable to the act. Hence, this paper analyses the meaning, content, and application of the conflict of laws and conflict of rules.
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Key Elements of the Criminal Law Conflict System, with Special Reference to Spanish Criminal Law

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This paper analyses the role played by the notion of legal interest as a criterion for decisions on criminalisation and, according to some scholars, as an element of criminal offence. First, the analysis tallies the impact of legal interest on criminal policy, focusing on the correlation between this concept’s definition and underlying political theories. Subsequently, the article explores difficulties of using legal interest as an interpretative canon to determine whether the offender’s deed can be deemed materially unlawful.
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The Attack on the Protected Legal Interest: A Criminalisation Principle and an Element of the Criminal Offence?

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This article explores the Brazilian legal system in light of recent proposals to amend the anti-terrorism law, a move amplified by the country’s political instability, which culminated on 8th January 2023, when supporters of the former president invaded government buildings on the pretext of contesting election results. The essay examines whether these amendment proposals align with the principles of our constitutional democracy and their potential to foster genuine democratic reinforcement.
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The Paradox of Democratic Strengthening: Criminalisation of Political Terrorism as a Legal Discrediting Mechanism

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Labour compliance is essential to protect workers’ rights and promote sustainable, responsible and effective business development. It necessitates continuous preparation of preventive compliance reports on occupational risks, usually requiring studies and their timely updates, risk analysis, training-oriented resource management, and training of workers and managers. Greater self-regulation, such as compliance, can help mitigate risk of penal sanctions for individuals who fail to comply with risk prevention regulations, seriously endangering health and safety at work. A robust and effective compliance programme in this area aims to ensure legal and contractual obligations are met, particularly with respect to protecting the life and health of workers. Compliance can also bolster company success, minimise reputational damage for corporations, avoid payment of hefty fines and suspension of permits and licenses that would halt operations, among others.
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Compliance and its Contributions to Safety at Work

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The article is aimed at examining the admissibility of reopening cassation and reopening proceedings concluded with a decision to dismiss the extraordinary appeal measure.
To this end, the article explores provisions on proceedings reopening (Articles 540 and 542 § 3 CCP), with particular focus on the term ‘court proceedings concluded with a final decision’ used by the legislator, and juxtaposes this with provisions on cassation appeal (concerning terms used in Article 521 of the Code of Criminal Procedure – ‘a final decision concluding court proceedings’ and ‘a final court decision concluding the proceedings’, and on prohibition of the so-called super-cassation, which has not been transferred to the institution of reopening of the proceedings). The author also analyses Supreme Court practice over the last twenty-odd years and reflects on historical changes to criminal procedure at the turn of the 21th century with regard to the institutions of annulment of court decisions and reopening of the proceedings.
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Admissibility of Reopening Cassation and Reopening Proceedings Concluded with a Decision Dismissing the Extraordinary Appeal Measure

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The aim of the paper is to analyse how the term ‘appellate measure’ is interpreted in the Polish doctrine of criminal procedure law and, in particular, to assess the accuracy of the assumption that the possibility of recognising a particular means of indictment of a decision as an appellate measure is determined by its normative features. Based on the analysis of the characteristic features of each means of indictment of a decision, an attempt is made to demonstrate that this assumption may be regarded as incorrect. It is suggested that the previous definition of an appellate measure be revised, and recognise that this concept is purely of a conventional (traditional) nature, which means that the possibility of classifying a particular means of indictment of a decision as an appellate measure should not depend on its nature or similarity to other legal measures considered as means of indictment of a decision.
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On the Concept of an Appellate Measure in a Criminal Proceeding

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The conscience clause, sometimes also referred to as the right to conscientious objection, is based on the possibility of refusing to comply with a binding legal norm due to its non-conformity with the indications of conscience of the person who invokes its content. Commonly derived, especially in Poland, from Article 53 of the Constitution of the Republic of Poland, this clause initially applied to physicians’ actions. It was also suggested that this clause could form the basis for conscientious objection to an abortion procedure. Drawing on Article 10(2) of the Charter of Fundamental Rights of the European Union, and emphasising the differences in the wording of this provision in different language versions, the article argues that such interpretation of the conscience clause is too narrow and poor. Attention is drawn to the amendments made to the wording of Article 10(2) of the Press Law, where the legislator replaced the journalist’s obligation to follow the editorial policy with the right to refuse to carry out an official order if the journalist believed that they were expected to publish a material that would violate the principles of reliability, objectivity and professional diligence. This solution undoubtedly constitutes the approval of the broadly understood conscience clause explicitly formulated in the Charter of Fundamental Rights of the European Union. The content of Article 10(2) of the EU Charter of Fundamental Rights allows for conscientious objection to apply to actions of the representatives across all professions.
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Full Professor, LLD, University of Economics and Human Sciences in Warsaw

Professor of Adam Mickiewicz University (UAM)

Amendment to the Rights and Obligations of a Journalist in Act: Press Law from the Perspective of Conscience Clause

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The aim of this article is to analyse the legal status of the Polish Academy of Arts and Sciences, an entity operating within the system of higher education and science. The study explores the Academy’s origins, its legal form and role it plays within the system of higher education and science, and its rights and obligations under the law. The findings presented in the paper allow for drawing conclusions on the legal status of the Academy, in particular recognising that it is a legal person functioning in the legal form of a (registered) association, and at the same time an organisation directly included by the legislator in the category of entities of the system of higher education and science. The study indicates the reasons justifying the Academy’s inclusion in the catalogue of entities of this system, primarily its exceptional achievements in the field of scientific activities and popularising their results, as well as the universality of undertaken activities, tradition and reputation within the scientific community.
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Legal Status of the Polish Academy of Arts and Sciences

AHEAD OF PRINT

Volume 18 (2024): Issue 1 (March 2024)

Volume 17 (2023): Issue 4 (December 2023)

Volume 17 (2023): Issue 3 (September 2023)

Volume 17 (2023): Issue 2 (June 2023)

Volume 17 (2023): Issue 1 (March 2023)

Volume 16 (2022): Issue 4 (December 2022)

Volume 16 (2022): Issue 3 (September 2022)

Volume 16 (2022): Issue 2 (June 2022)

Volume 16 (2022): Issue 1 (March 2022)

Ius Novum

Ius Novum is an all-Poland scientific journal that presents analytical articles on the science of law, with focus on Central and Eastern European countries. The journal covers a range of basic areas of law, including constitutional law, civil law and procedure, criminal law and procedure, administrative law and procedure, financial law, business law, and international law.　  The journal aims to create a modern forum for the exchange and debate of opinions among scholars of jurisprudence by popularising research results at both domestic and international levels. It takes into account the significance of the impact of legal studies on the social and economic environment of Central and Eastern Europe.  The journal publishes original scientific papers of considerable cognitive value for all representatives of legal science and practice. These papers can be of interest not only to domestic, but also, or even primarily, to international scientific circles. The journal presents innovative dogmatic analyses of current legal solutions, forecasts for the direction of development in various areas of law, legal evaluations of new social phenomena, assessments of the quality of law enactment and application, signals of the efficiency of adopted legal regulations, and discussions on problems concerning legal certainty. Additionally, the journal features empiric research findings of great social importance.   The journal is open not only to the scientific and teaching staff of Lazarski University, but also to representatives of jurisprudence from other academic centres within the international scientific community. We welcome independent scholars with recognised achievements, as well as young scientists who wish to contribute their interesting and innovative ideas to the discourse on law.   The quarterly publishes original articles using research apparatus, and exceptionally, glosses that concern and resolve especially significant scientific issues.　  Archiving  Sciendo archives the contents of this journal in Portico - digital long-term preservation service of scholarly books, journals and collections.  Plagiarism Policy  The editorial board is participating in a growing community of Similarity Check System's users in order to ensure that the content published is original and trustworthy. Similarity Check is a medium that allows for comprehensive manuscripts screening, aimed to eliminate plagiarism and provide a high standard and quality peer-review process. 