Nieprawidłowe odesłania do przepisów szczególnych i odrębnych
Incorrect References to Particular and Separate Provisions
Languages of publication
This paper contains a few analytical remarks pertaining to specific referring provisions created through a clause “unless the law indicates otherwise” or a clause “except when provided otherwise”. In the study made, both types of references – to “particular provisions” or “separate provisions” – are considered incorrect. Characteristics of these referring clauses are presented in light of typologies and functions of references which are distinguished in the legal theory. Polish “Principles of Legislative Techniques” from 2002 which have a binding character and good legislative practices commonly accepted by Polish legislative drafters are also taken into consideration when emphasizing the problems of imprecise and non-normative references to particular or separate provisions. They also serve to as an example for potentially possible improvements. The lack of precision and the lack of normative content are the two main flaws of references being the topic of this essay. First defect may be eliminated by careful and consequent word selection in lawmaking, but the second is inherently embedded in this type of reference and thus cannot be corrected. As a result of the analysis, suggested solution is not to formulate references to “particular provisions” or “separate provisions” by using clause “unless the law indicates otherwise” or clause “except when provided otherwise” in any legal act. These references are insufficient in detail to enable their interpretation and application.
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