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1
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Opinia prawna na temat wykładni pojęcia „forma pisemna” występującego w przepisach regulaminu Sejmu

100%
Szydło M.
Zeszyty Prawnicze BAS
|
2014
|
issue 4(44)
53-73
EN
The requirement to perform a particular act “in writing”, as provided for in the Standing Orders of the Sejm, should be understood as an obligation to fix on paper the content of a particular act, using in this purpose graphic symbols, as required by the so-called written language, and such a paper document should be signed in person. The requirement to perform a particular act “in writing” cannot be satisfied by making it in an electronic form. Electronic form is a form of making certain acts (separate and autonomous from a written one) which the Standing Orders of the Sejm provides for only in special situations. A written response to a Deputy’s interpellation must therefore be filed in paper, hand-signed by the person giving response to the interpellation.
2
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Przymusowa restrukturyzacja instytucji kredytowych i firm inwestycyjnych a konstytucyjne prawo do sądu

100%
Szydło M.
Zeszyty Prawnicze BAS
|
2016
|
issue 4(52)
9-28
EN
The article aims to demonstrate that legal provisions stipulated in the act on the Bank Guarantee Fund concerning the court’s control over decisions of the BGF in cases of compulsory restructurisation are non-compliant with constitutional standards of right to a fair trial. The Act partially, and in some parts excessively, restricts courts’ control over some actions of Bank Guarantee Fund, which according to the author, is incompatible with article 45 of Polish Constitution (the right to a fair trial). The author notices that it is a consequence of implementation of a Directive of the European Parliament and the Council 2014/59/UE. The author expresses doubt whether article 85 of the directive is compliant with the right to a fair trial, which is a fundamental right of UE, guaranteed by article 47 of the Charter of Fundamental Rights of European Union.
3
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Opinia prawna na temat projektu ustawy o zmianie ustawy o odpadach wydobywczych oraz niektórych innych ustaw

100%
Szydło M.
Zeszyty Prawnicze BAS
|
2012
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issue 4(36)
191-206
EN
The main purpose for submission of the above-mentioned bill is the need for full implementation by Poland of Directive 2006/21/EC of the European Parliament and of the Council of 15 March 2006 on the management of waste from extractive industries and to introduce into the Polish legal system some implementing decisions the European Commission adopted on the basis of Directive 2006/21/EC. In the author’s view, there is need to insert a transitional provision under which administrative cases being the subject of administrative proceedings initiated on the basis of the Act on Extractive Waste, the Act – Environmental Protection Law and the Act on Waste, but not concluded before the day of entry into force of the bill would be heard and resolved on the basis of provisions existing to date (and also by the entities previously having jurisdiction in such cases). The author also offers proposals for legal solutions with a view to the future law.
4
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Równowaga płci wśród dyrektorów niewykonawczych spółek giełdowych jako cel legislacyjnego działania Unii Europejskiej

100%
Szydło M.
Zeszyty Prawnicze BAS
|
2013
|
issue 1(37)
79-103
EN
Currently, there is a large disparity between the proportion of women who are employed and well educated and those who sit on corporate boards in the EU. This poses a great challenge for the EU and its Member States. This disparity should be significantly reduced because it is mandated by the EU fundamental right of equality between women and men (Article 23 of the Charter) and by the need for democratic legitimisation of the EU and of its economic governance (Articles 2 and 3(3) TEU). The proposal for a directive on gender equality on boards of listed companies is a legislative solution that should be further developed and improved.
5
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Opinia prawna na temat nowych unijnych dyrektyw w dziedzinie zamówień publicznych i koncesji

100%
Szydło M.
Zeszyty Prawnicze BAS
|
2014
|
issue 2(42)
110-132
EN
The purpose of this opinion is to assess the new EU Directives reforming the EU public procurement law and the award of concession contracts. The adoption of the above‑mentioned directives concludes the more than two‑year legislative work of the EU on the new legal framework of public procurement. The author provides an analysis of the concept of “public contract” and “concession” contained in Directives 2014/23, 2014/24 and 2014/25, which clarifies the definition contained in the current EU legislation. He points out the changes introduced by the new directives, including mandatory system of administrative cooperation between Member States, with exemptions for public contracts and concessions for certain services, new procurement procedures through innovative partnerships and provisions for administrative and regulatory governance.
6
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Wyzwania legislacyjne w zakresie zarządzania obszarami metropolitalnymi w Polsce

100%
Szydło M.
Przegląd Prawa i Administracji
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2018
|
vol. 114
387-409
EN
The present article outlines the current models of governing the metropolitan areas in the world, as well as considers the feasibility of those models in the specific circumstances of Poland. The article argues that Polish metropolitan areas should be governed by the formalized cooperation of self-government units that currently exist there. The postulated legal form of this cooperation is the metropolitan union.
7
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Ocena propozycji zmian przepisów art. 156 i art. 158 Kodeksu postępowania administracyjnego

100%
Szydło M.
Zeszyty Prawnicze BAS
|
2018
|
issue 2(58)
119-140
EN
Amendments of the Code of Administrative Proceedings, suggested in the assessed petition, introduce an exclusion of the possibility of declaring an administrative decision invalid, if the decision has been issued without legal basis or with a gross infringement of law, after 10 years from the day the decision has been delivered or published. The proposed solution consisting of an application of the limitation period set out in Article 156 para. 2 of the Code even to such decisions issued without legal basis or with the gross infringement of law which have not been a basis for acquiring a right or expectative of a right (wider than in the Constitutional Tribunal’s judgment, ref. no. P 46/13) – stays, in the author’s opinion, in accordance with Article 2 of Polish Constitution and it could be regarded as optimally balancing the principle of the rule of law, the principle of legal certainty and the principle of the protection of legitimate expectation. Moreover, the author claims that introducing the new Article 158 para. 3 of the Code, according to which a declaration a questioned decision as invalid due to its issue without legal basis or with a gross infringement of law of issue of a decision with an infringement of law shall constitute grounds for declaration of invalidity of a decision issued on the basis of the former one, is justified.
8
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Opinia prawna w sprawie art. 71 ustawy o Instytucie Pamięci Narodowej – Komisji Ścigania Zbrodni przeciwko Narodowi Polskiemu

100%
Szydło M.
Zeszyty Prawnicze BAS
|
2015
|
issue 3(47)
193-233
EN
In the author’s view, Article 71 of the Act on the National Remembrance Institute (IPN) it is a good legislative product which does not require changes. The possible establishment of supervision of the Inspector General for Personal Data Protection of the processing of personal data by the IPN would be a disproportionate obstacle to the Institute’s work, especially since the existing legal instruments of data protection and the rights of persons whose data are processed, has already formed an effective and tight system. According to the author, those regulations are consistent both with Article 51 of Poland’s Constitution and with EU law and the provisions of Article 8 of the Charter of Fundamental Rights, due to connections between the work of the Institute and the issue of protection of national security, that is a matter which remains the sole responsibility of Member States.
9
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Opinia prawna na temat projektu ustawy o zmianie ustawy o diagnostyce laboratoryjnej oraz ustawy o działalności leczniczej

100%
Szydło M.
Zeszyty Prawnicze BAS
|
2015
|
issue 4(48)
107-125
EN
According to the author, Article 9 para. 2 of the proposed wording of the Act on Laboratory Diagnostics should expressly state that the resolution on the entry in the register of laboratory diagnosticians must be taken by the National Council of Laboratory Diagnosticians “immediately” after the adoption by this authority of a resolution in which it gives a person the right to practice the profession. In the draft provisions the legislature should not limit itself to succinct naming the profession of laboratory diagnostician an “independent” profession, but should also indicate in what such independence of the profession consists and how should be manifested. As pointed out by the author of the opinion, the proposed Article 6 para. 2 of the Act on Laboratory Diagnostics in its current wording is completely inconsistent with Article 16g para. 3 of the Act on the Professions of Physician and Dentist. The bill requires further legislative work.
10
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Opinia prawna na temat projektu ustawy o zmianie ustawy – Prawo o postępowaniu przed sądami administracyjnymi

100%
Szydło M.
Zeszyty Prawnicze BAS
|
2013
|
issue 4(40)
190-210
EN
According to the author, the proposed amendment requires further legislative changes. Introduction of an extended possibility for administrative courts to adjudicate on merits of the case does not violate Article 184 first sentence of the Constitution and is an evidence of a more comprehensive implementation of the constitutional right to a trial (Article 45 (1) of the Constitution). In the authors view, the technical and legal premises of adjudicating by administrative court (provided for in the new Article 145a and in currently existing Article. 154 §2 of the Act should be made uniform in a reforming way. He expresses concern that an assessment requirement (referring to the “nature of the case”) contained in would not encourage administrative courts to issue decisions on merits of the case. Moreover, the author points out that the phrase “circumstances of the case” should be clarified.
11
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Opinia prawna na temat projektu ustawy o zmianie ustawy – Prawo o zgromadzeniach

100%
Szydło M.
Zeszyty Prawnicze BAS
|
2012
|
issue 2(34)
119-146
EN
The bill will require further legislative work. Proposed Article 3 Paragraph 3 Law on Assembly, which prohibits participation in meetings of persons who cannot be recognized because due to cover of the face or changing its appearance, does not conform with Article 57 in conjunction with Article 31 Paragraph 3 of the Constitution.
12
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Instytucjonalizacja związków partnerskich w świetle art. 18 i 32 Konstytucji RP

100%
Szydło M.
Zeszyty Prawnicze BAS
|
2017
|
issue 4(56)
9-30
EN
Statutory institutionalization of civil partnerships stirs up large controversies and considerable disputes in the public debate. Legal arguments appearing in the discussion regard Article 18 and Article 32 of the Constitution of the Republic of Poland. The author expressed a negative position concerning the possibility to institutionalize civil partnerships in compliance with the Constitution. In his opinion an appropriate and consistent with the Constitution legal solution is to strengthen or to extend the scope of rights of persons remaining in such partnerships (hetero-or homosexual ones) ensured by various legal acts, without statutory institutionalization of these partnerships.
13
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Opinia prawna na temat zgodności z przepisami Konstytucji RP niektórych przepisów ustawy o zmianie ustawy – Prawo lotnicze

100%
Szydło M.
Zeszyty Prawnicze BAS
|
2013
|
issue 1(37)
161-172
EN
In the author’s view the possibility of submitting documents and applications by air carriers to the President of the Civil Aviation Authority in a language other than Polish raises serious due to its lack of conformity with Article 27 of the Constitution. Other provisions of the proposed amendment do not raise doubts about their constitutionality. In accordance with the proposal all administrative cases filed and pending before appropriate bodies (mostly the President of the Civil Aviation Authority) are subject to the new provisions which will be inserted in Aviation Law Act.
14
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Opinia prawna na temat niektórych skutków projektowanej nowelizacji przepisów art. 156 i 158 Kodeksu postępowania administracyjnego

100%
Szydło M.
Zeszyty Prawnicze BAS
|
2016
|
issue 3(51)
122-146
EN
In the author’s opinion the amendment would result, inter alia, in adapting the provisions of the Code of Administrative Procedure relating to the declaration of invalidity of administrative decisions to the principles emanating from Article 2 of the Constitution. The amendment does not preclude other ways of changing the state of affairs resulting from the decisions referred to in the proposed Article 156 §3 of the Code of Administrative Procedure. Specific legal effects of the amendment will depend on the direction and method of interpretation of not quite explicitly formulated provision, according to which a particular administrative decision “was the basis for the acquisition of a right or creates a reasonable expectation of acquisition of a right.
15
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Opinia prawna na temat ustawy o zmianie ustawy o zasadach finansowania nauki oraz niektórych innych ustaw

100%
Szydło M.
Zeszyty Prawnicze BAS
|
2014
|
issue 1(41)
299-312
EN
The author claims that the proposed bill requires more work on the part of the legislature. He points out that it is not justified or fair to require a scientific worker employed in more than one research establishment to make a declaration expressly indicating one of them in which he/she will be counted among the employees of that establishment who are engaged in carrying out of scientific research or development. He criticizes the imposition of limitation on the types of admissible allegations to be contained in the application for reconsideration of a given case, applicable on the basis of the proposed Article 14. Moreover, the list of criteria to be taken into account in the allocation of funds should not be exhaustive.
16
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Opinia prawna na temat projektu ustawy o zmianie ustawy – Prawo o szkolnictwie wyższym oraz niektórych innych ustaw

100%
Szydło M.
Zeszyty Prawnicze BAS
|
2014
|
issue 1(41)
271-298
EN
The author claims that the proposed amendment requires more work on the part of the legislature. Among the deficiencies of the bill he points out that it needlessly distinguishes among public and non‑public higher education institutions in relation to the legal framework of intellectual property rights resulting from research and development activities of scientific workers, students and doctoral students of. According to the author, there is no possibility to establish, on the basis of the bill, the results of which scientific research or development activity carried out by a particular employee of a public higher education institution has been achieved “within the performance of duties resulting from the contract for work in that educational institution”, which provides a reason for application of the proposed provisions of the above‑mentioned act in relation to those results. The author makes a lege ferenda proposal that the right of precedence should not be applied to intellectual property rights to scientific works. He also points out that the proposal does not contain an authorisation for public higher education institutions to specify the “procedure” for expiry of the mandate.
17
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Opinia prawna w sprawie ustawy o Bankowym Funduszu Gwarancyjnym, systemie gwarantowania depozytów oraz przymusowej restrukturyzacji

100%
Szydło M.
Zeszyty Prawnicze BAS
|
2016
|
issue 1(49)
157-180
EN
The author provides a critical evaluation of the bill, pointing out that, among others, it does not contain a legal definition of the term “equity facility”, which can give raise to numerous interpretative doubts. The author proposes improvement of this definition due to the significant size of that concept and the need to efficiently navigate the text of the act at the time of its existence. He also puts forward changes to avoid a conflict with a European Union rule. The provisions concerning the organization and operation procedure of the Bank Guarantee Fund does not provide the operational and structural independence of each individual function of the Fund, which also is in conflict with European Union law. In the author’s opinion, the bill deserves further legislative consideration.
18
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Opinia prawna na temat projektu ustawy o zmianie ustawy – Prawo o stowarzyszeniach oraz niektórych innych ustaw

100%
Szydło M.
Zeszyty Prawnicze BAS
|
2015
|
issue 1(45)
130-164
EN
Examining the presidential bill, the author presents a number of substantive and interpretive doubts aroused by the proposed provisions. Allowing the associations’ bodies to obtain remuneration violates the legal principle according to which associations are based on unpaid work of their members and reinforces the trend of departure from the traditional model of association. Additionally, this raises doubts as to the remuneration of other members of the association. The entry into force of the proposed provisions for dissolution of a local organizational unit (with legal personality) of an association will obscure the relationship between these provisions and the general principles of dissolution of association. The author also points to the incompatibility of the proposed provisions to repeal resolutions of the association’s bodies by the court to the general provisions of civil law. In his opinion, the bill should more specifically regulate some aspects of the process of associations transitions or mergers. Further legislative work on the bill is needed.
19
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Opinia prawna na temat wykładni niektórych przepisów ustawy o zasadach kształtowania wynagrodzeń osób kierujących niektórymi spółkami

100%
Szydło M.
Zeszyty Prawnicze BAS
|
2017
|
issue 1(53)
147-172
EN
There is a possibility of imposing sanctions on the subjects entitled to execute their share rights in the provisions of another act. Author claims that a statement described in the Article 3 Paragraph 1 of the Act is obligatory only for “a candidate” for the member of the managing body. It is also stated that, due to the provisions of the Act, the members of such body are only required to conclude a contract for the services of managing, what excludes contracts of employment. The provisions of the Act do not justify any kind of expiration of the already concluded contracts in case of lack of the resolution on salaries. Moreover, not-fulfilling a duty of concluding contracts for managing services does not have an impact on the validity of the contracts concluded before entry in to force of the Act. The Act does not impose expiration of the relations created by such contracts of employment.
20
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Zakład Prawa Konkurencji i Regulacji Sektorowej

100%
Szydło M.
Przegląd Prawa i Administracji
|
2015
|
vol. 100
321-325
EN
The Division of Competition Law and Sector-Specific Regulation, headed by Prof. Marek Szydło, is the youngest department within the Institute of Administrative Sciences. Its main fields of interest are: constitutional aspects of competition law and sector-specific regulation; various structural, procedural and substantive institutions of competition law and sector-specific regulation; electronic communications law; energy law; state aid law; public protection of consumers’ interests. Currently, the Division of Competition Law and Sector-Specific Regulation performs two scientific programs financed by the National Science Centre, entitled: “Judicial review of decisions made by national competition authorities and national regulatory authorities in light of EU law and national law”, and “The public supervision over the public procurement market”. The most valuable scientific achievements of the Division of Competition Law and Sector-Specific Regulation include the numerous scientific monographs of Prof. Szydło, as well as his scientific articles published in law journals indexed in prestigious Journal Citation Reports.
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