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This year’s three-day programming marathon will be held under the theme “AI to spur legal innovation.” Participants will look for innovative solutions to help revolutionise lawyers’ work, client relations, and access to justice. Our In Principle portal is a media partner of the event.

The rulings of the Polish Constitutional Tribunal likening the President’s pardon power to a royal whim are wrong. In former monarchies, the king was deemed the “fountainhead of justice,” and thus could be said to have unbridled licence to interfere in its administration. In a modern state, the President does not play such a role, and in a democracy sources of justice are sought elsewhere. Therefore, the President’s pardon power cannot be understood so anachronistically.

Under the Polish Restructuring Law, in principle an arrangement covers all claims against the debtor except for those expressly identified in the law as outside the arrangement. But sometimes it is not necessary to reach an agreement on all the debtor’s obligations in order to carry out an effective restructuring. This happens when the debtor only has difficulty servicing selected obligations that are otherwise essential to operation of its business. For such situations, parliament introduced the institution of a partial arrangement.

Disputes over access to public information are increasingly finding their way onto the court docket in Poland. Higher public awareness and a desire for citizen oversight of issues of particular public interest may be the reason. But administrative authorities or other entities obliged to provide information, whose decisions are subject to further review, often refuse to provide the requested information. What is public information, how to obtain it, and what to do when access is denied?

The environment is a key element of real estate development and construction, and has a major impact on the duration of the process. In 2023, there was increased legislative activity in this area, but we will not know its real impact on the construction process until 2024.

During the American Civil War, the leaders of the Confederacy rejected the US Constitution and the legitimate authority of the United States, and for four years exercised their own dominion over the South. When the rebellion was finally put down, US courts had to recognise that under the US Constitution and the Union’s understanding of it, the rebellion was illegal and the rebel leaders had no legal basis for participating in it. Using the terminology fashionable in Poland today, we could call these persons “neo-officials.”

Since 2017, Poland’s competition authority has initiated dozens of proceedings for practices unfairly exploiting contractual advantage. As a result, nearly 20 decisions have already been issued, and many notices have been issued to companies. The fines alone have amounted to some PLN 1.1 billion (although appeals against some decisions are pending). To date, the largest fine for unfair exploitation of contractual advantage is over PLN 723 million (assessed against Jerónimo Martins Polska SA in 2020). What practices is the regulator seeking to identify and punish?

According to estimates by Interpol and the United Nations Environment Programme, environmental crime is the fourth-largest area of criminality in the world. Offences against the environment are also a major source of income for organised crime. Countering these phenomena requires developing a common approach at the European level.

The choice of a fee model is a key element of any contract for construction works. In market practice, several mechanisms are in place for determining the payment method, each of which has its advantages and disadvantages. The chosen fee model should correspond to the specifics and scope of work and take into account the interests of both parties to the contract.

Wolters Kluwer has published its fifth report on the changes, opportunities and challenges lawyers face around the world. This year’s survey included 700 lawyers working in law firms, legal departments and consulting companies in Belgium, France, Germany, Hungary, Italy, the Netherlands, Poland, Spain, the United Kingdom, and the United States. What are its implications?