Przegląd Prawa Administracyjnego / Administrative Law Review
The periodical Administrative Law Review deals with current and most important issues of administrative law. The periodical publishes scientific articles, glosses, polemics, reviews and information about the legal scientific movement in Poland and abroad. Administrative Law Review is primarily addressed to the representatives of administrative law doctrine, persons performing legal professions, legislators, administration employees and entrepreneurs. The periodical is made available according to the Open Access principles. Indexing: European Reference Index for the Humanities and Social Sciences (ERIH PLUS); Directory of Open Access Journals (DOAJ); BazEkon; The Central European Journal of Social Sciences and Humanities (CEJSH); Biblioteka Nauki; MOST Wiedzy; Wolters Kluwer on-line (LEX), Index Copernicus (ICI Journals Master List). In 2024, the frequency of publication of the magazine was increased to two issues per year (originally annual). Since 2026, the journal has been published exclusively online. Points MNiSW: 20 e-ISSN: 2657-8832 ISSN: 2545-2525 (print: 2018–2025) Submitted articles rejection rate: approx. 23%
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Copyright (c) 2026 Anna Adamczyk http://creativecommons.org/licenses/by/4.0
Content, Legal Nature, Procedure for Enacting, and Legality Control of the Regulation on Changing the Civil Status Registration District
This article analyzes the regulation on changing the civil status registration district referred to in Article 7 of the Act of 28 November 2014 – Law on Civil Status Records. This paper aims to discuss the procedure for issuing this act, to determine its content, and to define its legal nature. It also aims to establish and evaluate the procedure for reviewing the legality of the regulation. The regulation on changing the civil status registration district differs from traditional forms of secondary legislation referred to in Article 87 (1) and Article 92 of the Constitution of the Republic of Poland. The statutory authorisation to issue it defines a specific scope of matters delegated for regulation. The regulation is issued upon application, through a procedure that requires the determination of a specific factual situation. Its normative structure is focused on individualised entities (ultimately on specific subjects and administrative authorities). The regulatory and executive character of the regulation may be subject to doubt. What is decisive, however, is the consideration of the specific nature of legal norms created by the provisions of the regulation, which belong to institutional law, as well as the effects of its issuance, which are not limited to the performance of a merely conventional act that neither derogates from nor amends existing law. The provisions of the regulation establish a rule concerning territorial jurisdiction which – although applicable to clearly defined public administration authorities – also constitutes a basis for external administrative action. Its indirect “addressees” therefore include individuals entering into legal relations with the authority. This context, combined with the results of the dogmatic method of legal analysis – confirming that the act under examination is a regulation in formal terms – supports treating such acts in a manner appropriate to regulations, even though they deviate to some extent from the general model of a regulation within the Polish legal system.
Copyright (c) 2026 Jolanta Behr http://creativecommons.org/licenses/by/4.0
Animal Protection in the Context of the Rights of Nature: Towards a New Legal Model of Nature Conservation?
The article examines the relationship between the concept of the Rights of Nature (RoN) and species-based protection of wild fauna in the context of the emerging principle of ecological integrity. Analysing how RoN is embedded within this legal axiom enables an assessment of its potential impact on the conservation-oriented model of legal nature protection (as illustrated by the initiative to grant legal personality to the Oder River). The conclusions concerning the Polish example are subsequently confronted with the Ecuadorian case resolved in 2022, in which RoN was combined with the humane protection of animals. The catalogue of “specific rights of wild animals” developed therein provides the basis for evaluating the extent to which the RoN concept may strengthen an ecocentric interpretation de lege lata and contribute to improving the effectiveness of legal nature conservation.
Copyright (c) 2026 Karolina Karpus http://creativecommons.org/licenses/by/4.0
Membership Fee in the Polish Professional Self-Government of Attorneys-at-Law in the Case Law of Administrative Courts: Selected Issues
Membership of the Polish professional self-government of attorneys-at-law (referred also to as legal advisers) entails a statutory obligation to pay a membership fee. This obligation is not directly expressed but is implied from the provisions of the Attorneys-at-Law Act. The issue of membership fees in the self-government of attorneys-at-law has repeatedly been examined in the case law of the administrative courts. Administrative courts have analysed varied issues relating to membership fees in the self-government of attorneys-at-law, including their legal nature, the determination of their amount, and the granting of exemptions from payment. The courts’ considerations have also encompassed, i.a., the consequences of failure to pay membership fees, including striking off the person concerned from the register of attorneys-at-law, as well as the admissibility and procedure for claiming outstanding fees. Administrative courts have also examined issues relating to various aspects of the taxation sphere related to membership fees in the self-government of attorneys-at-law, including the admissibility of deducting fees incurred during the attorney-at-law training period as tax-deductible expenses. Through their rulings, administrative courts exert a significant influence on the activities of the bodies of the self-government of attorneys-at-law and on its members – attorneys-at-law practising one of the professions of public trust. Noticeable differences in judicial decisions regarding membership fees in the self-government of attorneys-at-law show that these issues remain topical and significant and need to be further examined.
Copyright (c) 2026 Monika Kępa http://creativecommons.org/licenses/by/4.0
The German Legal System of Military Requisitions: Between National Security and the Protection of Property Rights
The article provides an analysis of the institution of military requisitions in the German constitutional and statutory order. The starting point is the assumption that the Federal Republic of Germany has developed a coherent and dogmatically precise legal model that enables the fulfilment of defence obligations while fully guaranteeing individual rights. At the constitutional level, the legal basis for requisitions is provided in particular by Articles 12a, 14, and 87a of the Basic Law (Grundgesetz), which define the relationship between the duty of defence, the protection of property, and the federal authorities’ competences. The statutory analysis focuses on the Defence Services Act (BLG – Bundesleistungsgesetz) and accompanying acts, such as the Energy Security Act (Energiesicherstellungsgesetz) and the Transport Security Act (Verkehrssicherstellungsgesetz). The article shows that the BLG is a key legal instrument allowing for the introduction of temporary restrictions on citizens’ property rights, while maintaining the principles of proportionality, necessity, and full compensation. The study points out that the German model of military requisition is a logical element of the concept of wehrhafte Demokratie, i.e. a democracy capable of defending itself within the framework of the law. Based on the analysis, it is demonstrated that requisitions are not an exception to the rule of law, but rather an integral part of it. The conclusion emphasises the importance of the analysed model for contemporary European states, including Poland, where the issue of defence services requires a new systemic approach in the context of collective security and EU law.
Copyright (c) 2026 Marcin Konarski http://creativecommons.org/licenses/by/4.0
The Influence of the Church on Abortion Legislation in Poland: A Historical and Legal Perspective
The aim of this study is to analyze the influence of the Church and faith on Polish legislation over the centuries, as well as to draw attention to this issue in contemporary times. While writing this paper, due to its historical and legal nature, source materials in the form of legal acts were used, as well as research conducted by scholars specializing in this subject. The study was carried out using dogmatic-legal, comparative, and historical methods. Based on the analysis conducted, it can be concluded that the issue under discussion has not been fully explored, particularly in modern history.
Copyright (c) 2026 Aleksander Makarewicz http://creativecommons.org/licenses/by/4.0
The Consideration of the Maximum Possible Animal Stocking Density in Classifying a Project as Likely to Have a Significant Environmental Effect: The Perspective of Animal Welfare and the Investment and Construction Process
The article offers an in-depth analysis of the provisions of the Regulation of the Council of Ministers on projects likely to have a significant environmental effect, which require the adoption of the maximum possible stocking density of animals when classifying livestock farming projects as likely to have a significant environmental effect. The analysis encompasses the international and EU legal sources of this regulation, in particular determining whether its current form is required from their perspective, as well as the course of the legislative process and the practice of its application in the case law of administrative courts. The purpose of the article is to establish not only the correct interpretation of these provisions, but also their consequences for subsequent stages of the investment and construction process, including project design and assessment of its compliance with environmental protection law and the requirements arising from the environmental impact decision. The article also attempts to evaluate the structure of the regulation from the perspective of legal animal protection, including a comparison of the legislator’s approach to animals under the Regulation and under the Animal Protection Act, and an assessment of how the form of these provisions affects the consideration of animal welfare in the design of buildings intended to house animals.
Copyright (c) 2026 Filip Prusik-Serbinowski http://creativecommons.org/licenses/by/4.0
Between Declarative Protection and Real Protection: Nature Conservation Law in Light of Proposed Legislative Amendments
The article presents a critical analysis of selected proposed amendments concerning nature conservation law, namely the solutions envisaged in the draft Act on the Establishment of the Lower Odra Valley National Park and in the draft amendment identified as UD233. The study aims to assess whether the proposed regulations strengthen the system of legal protection of nature or, despite their declared objectives, perpetuate adverse legislative tendencies, such as the instrumentalisation of nature conservation law, the fragmentation of the framework statute, and the regression of protection standards. The article addresses selected issues which, in the author’s view, are the most problematic. The subject matter has not yet been presented to readers and concerns Polish law, with auxiliary use of elements of comparative legal analysis. The analysis leads to the conclusion that the proposed changes do not strengthen the system of legal protection of nature; on the contrary, they result in its weakening. Consequently, the article advocates for the adoption of an approach based on the principle of non-regression.
Copyright (c) 2026 Ewa Radecka http://creativecommons.org/licenses/by/4.0
Legal Measures to Protect Administrative Proceedings from Delays Caused by the Party
The article analyses the provisions of the Administrative Procedure Code in the context of securing proceedings against deliberate delaying tactics on the part of a party. As a result of the research, a catalogue of legal measures was developed to ensure that proceedings are conducted in accordance with the principle of prompt proceedings, and their nature in terms of counteracting negative actions by a party was defined.
Copyright (c) 2026 Michał Rzepka http://creativecommons.org/licenses/by/4.0
Entry into the Register of Historic Monuments as a Form of Administrative-Law Protection
The article is of a scientific and research nature and concerns the entry into the Register of Historic Monuments as one of the fundamental forms of administrative-law protection of cultural heritage in the Polish legal system. This issue is of significant importance both from the perspective of fulfilling constitutional obligation to protect national heritage and from the standpoint of safeguarding the rights of owners of objects possessing historical, scientific, or artistic value. The article aims to analyse the legal nature of entry into Register of Historic Monuments, the procedure for making such an entry, and the legal consequences resulting from limitations imposed on the property rights of the owner or possessor of a historic monument. Particular attention is devoted to the relationship between the protection of cultural heritage and the constitutional protection of property rights. The article adopts the thesis that entry into the Register of Historic Monuments constitutes the most important instrument of individual monument protection; however, its application requires maintaining proportionality in the interference of public administration with the owner’s rights. The research applies the dogmatic-legal method, based on the analysis of binding legal provisions, the jurisprudence of administrative courts, and views presented in legal doctrine. The scope of the research covers the Polish legal system, with particular emphasis on the regulations of the Protection and Care of Monuments Act. The scholarly value of the article lies in the synthetic presentation of the issue of entry into the Register of Historic Monuments and in indicating the significance of this institution for the practical functioning of public administration in the field of cultural heritage protection.
Copyright (c) 2026 Julia Witkowska http://creativecommons.org/licenses/by/4.0
The Right to Public Information and State IT Security and Email Security in Public Administration: Critical Commentary on the Judgment of the Supreme Administrative Court of 19 February 2025, III OSK 878/24
This critical commentary addresses the judgment of the Supreme Administrative Court of 19 February 2025 (III OSK 878/24), in which the Court dismissed the appellant’s cassation appeal against the judgment of the Voivodeship Administrative Court in Gdańsk of 7 December 2023 (III SAB/Gd 220/23). The court of second instance agreed with the Voivodeship Administrative Court in Gdańsk and departed from the previous case law, stating that a mere printout of a request for access to public information sent via email to the official email address of the obligated entity precludes the recognition that the addressee has received such a request. The purpose of this commentary is to indicate the evidentiary difficulties that will be borne by complainants alleging administrative inactivity in matters concerning access to public information, who submit requests in an informal manner, as well as the resulting necessity to demonstrate that the addressee has received the request. The Court’s thesis significantly limits the effectiveness of submitting requests in a non-formalized manner to entities obliged to provide access to public information. In the commented judgment, the cassation court approved a departure from the presumption – previously developed in the case law – of the delivery of a request to the official mailbox of a public authority. Against the backdrop of the practice of using email by state administration bodies and the provisions of procedural statutes, the Supreme Administrative Court’s position was analyzed, which was clearly deemed inaccurate and inconsistent with the constitutional right to obtain information on the activities of public authorities and persons performing public functions. In its justification, the Supreme Administrative Court indicated the need to balance two constitutional values: the digital security of the state, derived from the principle of the common good of all citizens, and the right to public information. The ruling, however, inappropriately attempts to assign primacy to the digital security of the state and to the security of administration bodies’ email servers, emphasizing legal regulations concerning digital security issued in the years 2020–2025. The commentary underscores the need to ensure the effectiveness of the application-based procedure for disclosing public information in a manner tailored to the capabilities and choices of the interested party.
Copyright (c) 2026 Kacper Janus http://creativecommons.org/licenses/by/4.0