Studia Iuridica Lublinensia
type: channel
description: Studia Iuridica Lublinensia is a scientific journal founded in 2003 at the Faculty of Law and Administration of the Maria Curie-Skłodowska University, Poland. The journal publishes scientific articles, commentaries on judicial decisions, reviews and scientific conference reports, especially in the area of legal sciences (law). Studia Iuridica Lublinensia is issued four times a year. The editorial board may decide to release a special issue published as part of the regular publishing schedule or as an additional issue. Special issues are released to present specific research problems that are novel, particularly topical and contribute to filling a cognitive gap in the area of legal sciences. Since 2018, all scientific articles have been published in Studia Iuridica Lublinensia in English. The Polish-language version of an article may be published on the journal's website as an illustrative version if this is justified by the specificity of the Polish legal language and the possibility of using the research results in the practice of law-applying bodies. The editorial board may decide, on an exception basis, to publish a scientific article in French or German if this is justified by the research subject matter of the paper. Commentaries on judicial decisions are published in both English and Polish, due to the practical nature of this form of publication and the specific characteristics of the Polish legal language, and thus the possibility to pursue a regular dialogue between the courts and legal scholars. From 2021 the journal is published in an electronic version on the basis of open access. Studia Iuridica Lublinensia is on the list of scored scientific journals kept by the Minister of Education and Science and is indexed in Polish and international databases. Indexing: SCOPUS; BazHum; BazEkon; Biblioteka Nauki (Library of Science); Directory of Open Access Journals (DOAJ); EBSCO; Index Copernicus International (ICI Journals Master List); Google Scholar; POL-index…
publisher: Wydawnictwo Uniwersytetu Marii Curie-Skłodowskiej
language: en-US
publication name: Studia Iuridica Lublinensia
issn: 1731-6375
copyright: Full copyright statement can be read here
items: Title Page and Table of Contents
items: Protecting the Rule of Law in the Ocean: The EU’s Role in Transitioning from Policy to Legal Obligation
items: Pandemic-Related Cases before the European Court of Human Rights: An Overview of Jurisprudence and Identification of Key Issues
items: Electoral Reform and Voting Rights in Albania: A Legal and Empirical Analysis (1991–2025)
items: Italian Law No. 132/2025 as the First National Implementation Act of the AI Act: A Critical Analysis from a Comparative Legal Perspective
items: China and International Law: Lawfare or Strategic Application of International Law?
items: The Essence, Nature and Significance of the Budget of a District Bar Association of Attorneys-at-Law
items: Researching Legal Oppression: Methodological Notes on Socio-Legal Research on the Relationship between Subordinated Social Groups and Law
items: Approval of the Possibility of Traffic Entering a Road in Connection with a Change of Land Use
items: Between Individual Interests and the Common Good: Towards Axiological, Empirical, and Legal Foundations for Reducing Advertising in Polish Public Space
items: The Issue of Defining a Transaction in the Light of the Related Party Transactions Regime: A Comparative Approach
items: Summons as a Condition for Effectively Filing a Complaint against Inactivity or Excessive Length of Proceedings: An Assessment of Key Changes in Force Since 1 June 2017
items: The Problem of Licensing Works for the Training Process of Artificial Intelligence Algorithms
items: The Image of a Lawyer: Some Remarks from the Perspective of the “Tripartite Crisis” as Seen by Susan Daicoff
items: https://etnolingwistyka.journals.umcs.pl/sil/article/view/19762
items: https://etnolingwistyka.journals.umcs.pl/sil/article/view/20749

Title Page and Table of Contents
type: item
creator: Jarosław Kostrubiec
rights: Copyright (c) 2026 Jarosław Kostrubiec http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2026-08-07
publication date: 2026-08-07
volume: 35
number: 2
starting page: 1
ending page: 7
doi: 10.17951/sil.2026.35.2.1-7

Protecting the Rule of Law in the Ocean: The EU’s Role in Transitioning from Policy to Legal Obligation
type: item
description: The protection of the oceans has emerged as a strategic priority at the turn of the 21st century. The article analyses the role of the European Union in the sustainable management of the oceans, structured around four axes: the legal and strategic framework governing European environmental action; the EU’s engagement in global ocean governance and its articulation with international commitments; the regulation of the blue economy and marine sustainability instruments; and the influence of recent international jurisprudence on the densification of climate and marine obligations applicable to the Union and its Member States. The analysis demonstrates that the normative architecture of the EU – from the European Green Deal to the Common Fisheries Policy, and from the Marine Strategy Framework Directive to the BBNJ Agreement – is formally robust, but its effectiveness remains contingent on coherent implementation and binding enforcement. The recent advisory opinions of the International Tribunal for the Law of the Sea (2024) and the International Court of Justice (2025), together with the European Court of Human Rights Grand Chamber judgment in KlimaSeniorinnen (2024), have significantly densified climate and marine obligations, transforming programmatic aspirations into justiciable legal duties. The article concludes that the sustainable management of the oceans is no longer a policy preference but a multilevel legal obligation, operationalised through norms, institutions and accountability mechanisms that project the rule of law onto the ocean.
creator: Fátima Castro Moreira
rights: Copyright (c) 2026 Fátima Castro Moreira http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2026-08-07
publication date: 2026-08-07
volume: 35
number: 2
starting page: 11
ending page: 28
doi: 10.17951/sil.2026.35.2.11-28

Pandemic-Related Cases before the European Court of Human Rights: An Overview of Jurisprudence and Identification of Key Issues
type: item
description: This paper examines cases related to the COVID-19 pandemic brought before the European Court of Human Rights, highlighting key procedural and substantive issues. In the analysed cases, many of the filed applications were dismissed as inadmissible due to a lack of victim status and a reliance on abstract concerns rather than actual violations. Substantively, the cases reveal a fundamental tension between individual rights and public health measures. While some applicants argued that state-imposed restrictions excessively limited their rights, others claimed that governments failed to provide adequate protection, particularly regarding health and safety. This dual perspective underscores the challenge of balancing fundamental rights in times of crisis. The analysis demonstrates that both excessive limitations and insufficient safeguards were framed as disproportionate, reflecting the complexity of state obligations during emergencies. The study ultimately sheds light on the Court’s role in adjudicating these disputes and the broader implications for human rights protection in future global crises.
creator: Jan Adamowski
rights: Copyright (c) 2026 Jan Adamowski http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2026-08-07
publication date: 2026-08-07
volume: 35
number: 2
starting page: 29
ending page: 44
doi: 10.17951/sil.2026.35.2.29-44

Electoral Reform and Voting Rights in Albania: A Legal and Empirical Analysis (1991–2025)
type: item
description: This article examines the relationship between electoral system design, the effective exercise of the right to vote, and democratic legitimacy in Albania between 1991 and 2025. Following the collapse of communism, Albania progressively redesigned its electoral system, culminating in the adoption of a regional closed-list proportional representation system in 2009. On one hand, these legal reforms significantly reduced disproportionality and wasted votes, enhanced gender representation, and aligned electoral rules with European standards, while improving representational equality. On the other hand, voter participation declined, trust in political parties and Parliament remained limited, and concerns regarding political accountability persisted within an increasingly fragmented digital information environment. The article employs a legal and empirical methodology integrating electoral system theory, constitutional principles, and democratic legitimacy frameworks. It traces Albania’s electoral evolution, analyzes trends in disproportionality and turnout, and systematically compares Albania with Kosovo, North Macedonia, and Montenegro to identify lessons regarding preferential voting, voter influence, and political accountability within proportional systems. The findings demonstrate that improvements in electoral fairness alone are insufficient to secure democratic legitimacy and suggest that closed-list proportional representation may reinforce perceptions of distance between voters and elected representatives within environments increasingly affected by digital information disorder. The article argues that electoral systems should be understood not merely as mechanisms for allocating seats but as legal institutions that shape the substantive realization of constitutional voting rights, highlighting how fully open candidate lists, stronger voter choice, internal party democracy, and transparent candidate selection procedures can better align Albanian electoral law wit…
creator: Ilir Barjaba
rights: Copyright (c) 2026 Ilir Barjaba http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2026-08-07
publication date: 2026-08-07
volume: 35
number: 2
starting page: 45
ending page: 62
doi: 10.17951/sil.2026.35.2.45-62

Italian Law No. 132/2025 as the First National Implementation Act of the AI Act: A Critical Analysis from a Comparative Legal Perspective
type: item
description: The article analyzes the Italian Artificial Intelligence Law No. 132/2025, the first national implementation of the European AI Act. The Law No. 132/2025 introduces innovative sector-specific regulations in healthcare, employment, and the judiciary, and establishes new criminal law provisions addressing deepfakes and the use of artificial intelligence as an aggravating circumstance. At the same time, it is marked by serious structural weaknesses: it abandons regulatory autonomy, adopts the AI Act as a maximum standard, and creates a polycentric yet fragmented and underfunded supervisory model. Furthermore, it fails to address crucial issues such as environmental impact, civic participation, and the interaction with personal data protection. These shortcomings are exacerbated by broad legislative delegations, which contribute to legal uncertainty. Comparative legal analysis suggests that Law No. 132/2025 functions as a test of the limits of the AI Act’s flexibility and a potential driver of regulatory asymmetry within the Single Market of the European Union. Nevertheless, the Italian regulation serves as an important, albeit imperfect, laboratory for the future development of EU law on artificial intelligence.
creator: Izolda Bokszczanin-Gołaś
rights: Copyright (c) 2026 Izolda Bokszczanin-Gołaś http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2026-08-07
publication date: 2026-08-07
volume: 35
number: 2
starting page: 63
ending page: 86
doi: 10.17951/sil.2026.35.2.63-86

China and International Law: Lawfare or Strategic Application of International Law?
type: item
description: The People’s Republic of China (PRC) has been repeatedly accused of employing a sophisticated strategy of lawfare, i.e., a strategic and abusive application of international law to further its aims, especially in connection with South China Sea territorial disputes. This article aims to challenge this widely held view. It first introduces the concept of lawfare and highlights its inherent analytical problems. Then it describes the Chinese historical relationship with international law and doctrinal approach to lawfare. Finally, the article examines the maritime dispute between the PRC and the Philippines that was referred to the Permanent Court of Arbitration to demonstrate that there is little evidence that China engages in methodical warfare, though the PRC undeniably tries to shape the norms of public international law for its own benefit.
creator: Tamás Hoffmann
creator: Viktória Laura Herczegh
rights: Copyright (c) 2026 Tamás Hoffmann, Viktória Laura Herczegh http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2026-08-07
publication date: 2026-08-07
volume: 35
number: 2
starting page: 87
ending page: 105
doi: 10.17951/sil.2026.35.2.87-105

The Essence, Nature and Significance of the Budget of a District Bar Association of Attorneys-at-Law
type: item
description: The article is intended to analyse the complementary nature of legal solutions concerning the financial management of district bar associations of attorneys-at-law in Poland and the budgets they adopt and implement. This matter is of significant importance due to the nature of the tasks performed by the self-governing professional organization of attorneys-at-law (samorząd radcowski) for which the budget and its funds constitute the material and financial basis. In this context, it is necessary to thoroughly analyse the essence, nature, and significance of the budget of this unit of the professional self-government of attorneys-at-law. The currently applicable regulations, both at the level of statutory legislation and in bye-laws, should be considered insufficient. The absence of terminological precision often makes it impossible to interpret the provisions without raising doubt. Due to the self-governing nature of the bar association, new regulations should arise from internal organizational norms issued under an explicit and precise statutory delegation contained in the Attorneys-at-Law Act.
creator: Monika Kępa
creator: Jacek Leńczuk
rights: Copyright (c) 2026 Monika Kępa, Jacek Leńczuk http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2026-08-07
publication date: 2026-08-07
volume: 35
number: 2
starting page: 107
ending page: 126
doi: 10.17951/sil.2026.35.2.107-126

Researching Legal Oppression: Methodological Notes on Socio-Legal Research on the Relationship between Subordinated Social Groups and Law
type: item
description: This methodological paper reflects on the problems of research about the relationship between oppressed social groups and the legal system. The starting point is to notice that oppression is not addressed but is rather reinforced by the legal system. Besides, the stronger the oppression that is mediated by social structures or based on the direct exercise of power, the more important it is to use low intervention, particularly qualitative methods. In the first part of the paper, we focus on two main areas: (1) general literature on socio-legal methodology and (2) reflections on specific sociological methods of law and their potential applications. We conclude that the problem raised by this paper appears only sporadically, mostly in connection with specific research projects. So, there are no elaborated answers or even in-depth discussions in the literature of the sociology of law about this methodological problem. Therefore, in the second part of the paper we attempt to provide a starting point for such a debate. We briefly present the methods that, with appropriate reflexivity, we consider suitable for researching the relationship between oppressed groups and the legal system. We discuss narrative interviewing, legal storytelling, legal ethnography, and critical discourse analysis, briefly describing these methods and providing concrete examples of research that demonstrate their suitability for this purpose.
creator: Valéria Kiss
creator: Fruzsina Rozina Tóth
rights: Copyright (c) 2026 Valéria Kiss, Fruzsina Rozina Tóth http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2026-08-07
publication date: 2026-08-07
volume: 35
number: 2
starting page: 127
ending page: 139
doi: 10.17951/sil.2026.35.2.127-139

Approval of the Possibility of Traffic Entering a Road in Connection with a Change of Land Use
type: item
description: According to Article 35(3) of the Public Roads Act, for a change in the use of land adjacent to a right of way, in particular one that involves the construction of a building structure or the performance of other construction work, as well as a change in the use of a building structure or its part, the operator of the road must grant an approval regarding the possibility for the traffic occurring as a result of the change to merge into the road. This provision does not clearly indicate whether the approval in question is required only at the stage of the planning or the procedure regarding the construction and land development conditions, or whether it is required again at the stage of obtaining a building permit. On the other hand, requiring investors to obtain such an approval can significantly prolong the time needed to obtain a building permit and increase its cost. Therefore, the authors of this article analyzed the entirety of the proceedings of public administration bodies in matters related to the approval referred to in Article 35(3) of the Public Roads Act, as well as its evaluation by courts and the doctrine. They determined that this approval is not required at the stage of the building permit procedure. The purpose of this article is to demonstrate that, in light of the totality of the regulations currently in force, taking into account the current output of the doctrine and the case law of the administrative courts, requiring this approval again is groundless and violates the constitutional principle of legalism and the principle of citizens’ trust in public authorities. It should be noted that the problem discussed herein, although important for science and practice, has not yet been studied extensively.
creator: Dariusz R. Kijowski
creator: Artur Kosicki
rights: Copyright (c) 2026 Dariusz R. Kijowski, Artur Kosicki http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2026-08-07
publication date: 2026-08-07
volume: 35
number: 2
starting page: 141
ending page: 161
doi: 10.17951/sil.2026.35.2.141-161

Between Individual Interests and the Common Good: Towards Axiological, Empirical, and Legal Foundations for Reducing Advertising in Polish Public Space
type: item
description: This article explores the pervasive phenomenon of visual clutter in Poland. Its primary objective is to advance philosophical, empirical, and legal arguments supporting the introduction of restrictions on the placement of advertising installations in public space. It demonstrates that such measures are grounded in well-established axiological and constitutional principles within the Polish legal framework. The analysis indicates that efforts to reduce visual clutter necessarily entail limitations on certain individual rights, in particular the right to private property and the freedom of economic activity. In this context, the article engages with a fundamental issue: the tension between private and public interests. It argues that the protection of the aesthetic quality of public space constitutes a legitimate basis for according primacy to the public interest. Ultimately, the article contends that restricting outdoor advertising serves to align public spaces with the principles of W. Tatarkiewicz’s “Great Theory of Western Aesthetics”, emphasizing order, harmony, and proportionality.
creator: Paweł Lesiński
rights: Copyright (c) 2026 Paweł Lesiński http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2026-08-07
publication date: 2026-08-07
volume: 35
number: 2
starting page: 163
ending page: 187
doi: 10.17951/sil.2026.35.2.163-187

The Issue of Defining a Transaction in the Light of the Related Party Transactions Regime: A Comparative Approach
type: item
description: Related party transactions are an essential regulatory area influencing the shape of current corporate governance. The regime of supervision over these transactions in the Member States of the European Union is harmonised as a result of the transposition of European legislation into national law. However, the regime implemented by the Member States required the adoption of a definition of a material transaction delimiting the material scope of application of that regime. While the provisions implemented by the Member States contain guidelines on how to determine the materiality threshold (which does not generally cause interpretation problems), they regulate the term transaction differently (from no regulation to the adoption of detailed legal definitions of the term). This paper aims to conduct a brief comparative analysis of the rules governing the definition of a transaction in certain Member States and, based on this analysis, to formulate a de lege ferenda postulate that the current regime for related party transactions in Polish law is amended with regard to the introduction of a legal definition of a transaction.
creator: Dominik Mizerski
rights: Copyright (c) 2026 Dominik Mizerski http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2026-08-07
publication date: 2026-08-07
volume: 35
number: 2
starting page: 189
ending page: 202
doi: 10.17951/sil.2026.35.2.189-202

Summons as a Condition for Effectively Filing a Complaint against Inactivity or Excessive Length of Proceedings: An Assessment of Key Changes in Force Since 1 June 2017
type: item
description: This study examines the institution of the reminder introduced by the Act of 7 April 2017 amending the Act – Code of Administrative Procedure and certain other acts. The new remedy was intended to effectively reduce instances of failure to issue an act within the prescribed time or of conducting proceedings in a manner clearly contrary to the requirements arising from the principle of expeditious proceedings. In practice, however, the fundamental causes of inaction and delays in the conduct of administrative proceedings have not been eliminated, while new problems have emerged – this time related to the structure of the reminder itself. The study aims to assess the functioning of the reminder institution from the point of view of more than seven years of practice in its application and to identify practical problems in this area.
creator: Joanna Smarż
creator: Piotr Kobylski
rights: Copyright (c) 2026 Joanna Smarż, Piotr Kobylski http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2026-08-07
publication date: 2026-08-07
volume: 35
number: 2
starting page: 203
ending page: 217
doi: 10.17951/sil.2026.35.2.203-217

The Problem of Licensing Works for the Training Process of Artificial Intelligence Algorithms
type: item
description: One of the significant challenges in modern copyright law is determining the legal status of using copyrighted materials and related rights for training generative artificial intelligence (AI). This article examines how copyrighted works are utilized during AI training. It contrasts text and data mining (TDM) with AI training, concluding that TDM is just one of the techniques involved. Consequently, the legal frameworks in Directive 2019/790 on copyright and related rights in the Digital Single Market addressing TDM do not resolve the issue of copyright violations by generative AI developers. From a technical point of view, TDM and AI operations should be clearly distinguished from each other. Using works for AI training should be viewed as a new, unregulated field of exploitation of works and related rights beyond TDM. Therefore, in most cases, AI training will lead to the infringement of the economic rights of the creators and their successors. The authors explore the possibility of licensing works for AI training; however, the complexity in identifying which works an AI algorithm uses makes traditional copyright and related rights licensing models impractical. The solution is to introduce a statutory compensation model based on the assumption that AI producers use copyrighted works in the learning process. It is therefore postulated that a legal regulation should be introduced which would allow AI algorithm developers to use the works legally in the absence of licensing options. Therefore, the authors suggest implementing a system similar to the private copying levy found in Article 2 and Article 5(2b) of Directive 2001/29/EC. This approach is necessary to ensure fair compensation for copyright holders whose works and related rights are exploited.
creator: Grzegorz Tylec
creator: Sebastian Kwiecień
creator: Łukasz Sarowski
creator: Adam Sadowski
rights: Copyright (c) 2026 Grzegorz Tylec, Sebastian Kwiecień, Łukasz Sarowski, Adam Sadowski http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2026-08-07
publication date: 2026-08-07
volume: 35
number: 2
starting page: 219
ending page: 242
doi: 10.17951/sil.2026.35.2.219-242

The Image of a Lawyer: Some Remarks from the Perspective of the “Tripartite Crisis” as Seen by Susan Daicoff
type: item
description: Conducting multi-aspect theoretical and empirical research on the proper understanding, determinants, and shaping of the image of contemporary lawyers, as well as their actual professional, moral, and psychological condition, has significant cognitive and practical justification. This article addresses the issue of the image of a lawyer, understood mainly as a way in which lawyers are perceived, presented, and evaluated not only by members of society or the media, but also by themselves. The considerations are inspired by (and take as their starting point) what Susan Daicoff identified as a “tripartite crisis”, which can significantly impact the modern image of lawyers. The main objective of this paper is to formulate several basic comments (preliminary principles) for research on the image and professional, moral, and psychological condition of lawyers, as well as to highlight selected categories particularly important for their development, particularly those related to the relationship between professionalism and ethics. The article is primarily theoretical and legal in nature. The author addresses both scientific and conceptual ideas. Given the universality and utility of the issues discussed, the considerations may be of interest not only to national, but also to EU and international researchers in the science and practice of law, as well as to other social sciences, broadly interested in researching and improving the condition and image of lawyers, enhancing their self-awareness, professionalism, ethical conduct, and personal and professional satisfaction.
creator: Adam Zienkiewicz
rights: Copyright (c) 2026 Adam Zienkiewicz http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2026-08-07
publication date: 2026-08-07
volume: 35
number: 2
starting page: 243
ending page: 258
doi: 10.17951/sil.2026.35.2.243-258

https://etnolingwistyka.journals.umcs.pl/sil/article/view/19762
type: item
title: The Limits Framing the Principle of Mutual Trust in the Event of Dublin III Transfers: Commentary on the Judgment of the Court of Justice of the European Union (Fourth Chamber) of 29 February 2024 in Case C-392/22 (X v Staatssecretaris van Justitie en Veiligheid)
description: In the commented judgment, the Court of Justice of the European Union (CJEU) once again approached the balancing of mutual trust and fundamental rights of individuals in asylum cases, particularly in Dublin III transfers of asylum seekers. The presumption of trust implies that all Member States are considered safe countries for third-country nationals. The presumption of compliance by Member States with their EU law obligations is rebuttable; however, it applies only when “systemic flaws in the asylum procedure and in the reception conditions for applicants in that Member State occur, resulting in a risk of inhuman or degrading treatment within the meaning of Article 4 of the Charter of Fundamental Rights of the European Union”. In the judgment, the CJEU continues and strengthens the established jurisprudence regarding transfers under the Dublin III Regulation. The Court upheld the principle of mutual trust between EU Member States as essential for the functioning of the Dublin system, while identifying another category of serious, potentially systemic flaws in the asylum procedure and in the reception conditions for applicants. Although the CJEU upheld the principle, in the commented judgment it introduced an interpretation of Article 3(2) of the Dublin III Regulation that requires competent authorities (courts) to conduct a more thorough verification of the legal and humanitarian situation in other Member States. The significance of the judgment is revealed in its impact on future jurisprudence. It also sheds light on recent changes in Polish asylum law.
creator: Barbara Kowalczyk
rights: Copyright (c) 2026 Barbara Kowalczyk http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2026-08-07
publication date: 2026-08-07
volume: 35
number: 2
starting page: 261
ending page: 280
doi: 10.17951/sil.2026.35.2.261-280

https://etnolingwistyka.journals.umcs.pl/sil/article/view/20749
type: item
title: Commencement of the Limitation Period for Irregularities in EU Co-Financed Projects: Commentary on the Judgment of the Court of Justice of the European Union of 6 February 2025 in Case C-42/24, Emporiki Serron AE (ECLI:EU:C:2025:56)
description: The commented judgment of the Court of Justice of the European Union concerns the clarification of legal uncertainties as to the possibility for Member States to modify, in national law, the beginning of the limitation period for irregularities specified in the first subparagraph of Article 3(1) of Regulation No. 2988/95. In the justification of the commented judgment, the Court correctly assumed that national law only allows for an extension of the limitation period in relation to that provided for in the provisions of Regulation No. 2988/95, excluding any changes to the starting point of that period. Therefore, by introducing – on the basis of Article 66a(1) of the Public Finance Act – a modification to the beginning of the limitation period by linking it to the closing of the program balance or the issuance of a final reimbursement decision, the Polish legislator violated the provisions of Article 3(3) in conjunction with the first subparagraph of Article 3(1) of Regulation No. 2988/95. In order to bring Article 66a(1) of the Public Finance Act into compliance with the provisions of EU law, national courts and administrative authorities should at least partially derogate from its application and apply the directly effective Article 3(1) of Regulation No. 2988/95.
creator: Rafał Poździk
rights: Copyright (c) 2026 Rafał Poździk http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2026-08-07
publication date: 2026-08-07
volume: 35
number: 2
starting page: 281
ending page: 300
doi: 10.17951/sil.2026.35.2.281-300