Studia Prawnicze. Rozprawy i Materiały / Studies in Law: Research Papers

The article addresses the trend toward algorithmization of child support proceedings, which aims to standardize child support rates through the creation of official tariffs and the resulting simplification of the proceedings. A further step could be the introduction of  artificial intelligence-based algorithms to assist judges in assessing the personal and financial circumstances of the parties to child support proceedings, or the complete dejudicialization of these proceedings. The research question is therefore whether this direction of change is justified and what opportunities and threats it may entail. The aim of the study is the analysis of existing legislative proposals, based on the formal-dogmatic method, as well as the possible consequences of the deepening trend of algorithmization in child support awarding, and to present de lege ferenda proposals. As a result of her deliberations, the author concludes that the trend of algorithmization in child support cases may be dangerous, as the principle of the best interests of the child would require the greatest possible individualization of decisions based on the circumstances of a specific case, rather than standardization and rigidity of payment rates based on official tariffs. Algorithmization will also not solve the fundamental problem of the low effectiveness of alimony enforcement. More equitable and more beneficial outcomes for the parties would be achieved by promoting consensual methods of resolving alimony disputes, in which alimony tariffs could serve only as a supporting tool, serving as a starting point for negotiations or mediation.

In recent years, Artificial Intelligence has gained prominence in the business sector by allowing companies to focus on their core activities while automating routine and administrative tasks. However, the excessive autonomy and lack of transparency in certain AI systems can negatively impact the fundamental rights of individuals interacting with them. A notable example is the use of AI in recruitment processes, where algorithms screen candidates for job vacancies. Poorly managed implementation may increase the risk of discriminatory outcomes. This paper aims to evaluate the impact of AI on fundamental rights in private-sector recruitment and selection processes, examining how Portuguese and European legal frameworks can protect candidates. Although both Portuguese Constitutional Law and European Law uphold the principle of non-discrimination, they are currently insufficient to address algorithmic bias. In this context, the European legislator’s adoption of the AI Act, designed to limit the potential discriminatory effects of algorithms, is particularly commendable. In order to achieve the proposed objectives, the scientific methodology adopted  in this scientific paper was a critical analysis of the state of the question, with an analytical review of the literature and doctrinal works of various authors that we have chosen for this research, and an analysis of the current Portuguese Law and European Union Law, including the current Artificial Intelligence Act, in order to draw the obvious conclusions.

The rapid growth of financial technology (FinTech) in the European Union has catalysed a complex regulatory response designed to protect consumers while sustaining digital market competition. This article undertakes a doctrinal legal analysis of the principal EU legislative instruments governing e-banking in the FinTech sector, focusing on the Payment Services Directive 2 (PSD2), the Digital Markets Act (DMA), the Digital Services Act (DSA), and the Digital Operational Resilience Act (DORA). The central argument is that the current EU regulatory framework, while broadly advancing consumer protection goals, generates structural tensions with FinTech innovation through overlapping compliance obligations, fragmented national implementation, and proportionality deficits that disproportionately burden smaller market participants. Through textual analysis of primary legislation, interpretation of CJEU jurisprudence in Kušionová v SMART Capital a.s. (C-34/13) and FS and WU v First Bank SA (C-593/22), and evaluation of authoritative
institutional reports, the article identifies three normative fault lines: the PSD2 and GDPR interface and its data-sharing tensions; the
gatekeeping architecture of the DMA and its competitive implications for FinTech ecosystems; and DORA’s cybersecurity mandates and their asymmetric compliance burden. The article concludes that the EU is at a normative inflection point and argues for proportionate, coherent, and forward-looking legal mechanisms capable of accommodating emerging digital finance paradigms.

This article addresses the highly topical issue of reducing the working week, which is currently a subject of legal and social discourse both in Poland and abroad. It presents the arguments of both supporters and opponents of this solution. The author raises questions regarding the negative aspects currently associated with this solution and the conclusions for Poland from a completed pilot programme. Furthermore, the aim of the article is to highlight attempts to introduce a four-day working week in Poland. The study employs the method of legal text analysis and the comparative method. Additionally, factor analysis and a description of the legal and practical measures introduced were also necessary. The article highlights the undoubted benefits associated with the introduction of a four-day working week. At the same time, the author presents the negative aspects currently associated with the proposed solution. According to the author a four-day working week in Poland is feasible only in certain professions, and its introduction into the Labour Code as a general rule is not a recommended idea.

It has been 35 years since diplomatic relations between Poland and
Georgia were renewed. Despite the considerable geographical distance,
Georgia remains an important international partner of Poland,
particularly within the framework of its ‘Eastern Policy’. The following
article aims to analyse the treaties currently in force that regulate bilateral
relations between Poland and Georgia. The text analyses bilateral
treaties signed since 1991 and compares these documents with
the agreements that Poland has concluded with other South Caucasus
states – Armenia and Azerbaijan. The standard features and unique
characteristics of these acts are highlighted. In particular, the article
examines the content of the Treaty of Friendship and Cooperation between
Poland and Georgia signed in 1993, one of the few such acts
concluded by Poland with its foreign partners and the only one with
a South Caucasus state.

The study aims to analyse the inheritance law regulations of the Grand
Duchy of Luxembourg with regard to the scope of freedom to dispose
of property upon death. The Luxembourg legislature has decided to
retain its succession law regulations in a form that has remained almost
unchanged since the beginning of the nineteenth century. Consequently,
so-called ‘legal survivors’ continue to exist in Luxembourg, providing
an exceptionally fascinating basis for legal research. They are manifested
primarily in the regulation of the maritime will (despite Luxembourg
having no access to the sea) and in its almost unchanged system of
forced heirship. The scope of testamentary freedom in Luxembourg
law is dual in nature. On the one hand, it imposes significant restrictions
on the testator where descendants exist; on the other hand, in the
absence of persons belonging to the first group of statutory heirs,
the testator enjoys a disproportionately broader freedom of disposition.
The position of the surviving spouse also remains strongly rooted
in Napoleonic regulations, which historically reduced the spouse’s
shares and rights to a minimum. Although legislative amendments
adopted in the second half of the twentieth century and at the beginning
of the twenty-first century have strengthened the spouse’s position,
it is still considerably weaker than that enjoyed by the descendants
of the deceased.

The dynamic development of generative artificial intelligence tools is significantly transforming the manner in which work is performed, particularly in intellectual and creative labour. In practice, questions frequently arise as to whether content generated with AI can be regarded as the employee’s “own work” and what legal consequences follow within an employment relationship. The aim of this article is to analyse this issue from a labour law perspective, accounting for employee liability, copyright intersections, and constitutional and ethical aspects of workplace AI deployment.

The study adopts a dogmatic-legal method, combining linguistic, systemic, and functional statutory interpretation with an analysis of European soft law standards and the AI Act. The findings demonstrate that AI-assisted content cannot be automatically identified as the employee’s own work; its legal qualification requires a case-by-case assessment of the employee’s actual decision-making input and control over the result. Furthermore, copyright analysis reveals that much AI-generated content may fail to meet the threshold of a “work,” creating tension between employee liability and authorship concepts.

The article concludes that while AI does not eliminate the personal nature of work, unannounced automation risks blurring responsibility. De lege ferenda, the author advocates for establishing transparent internal workplace regulations regarding AI usage, aligning employee autonomy with accountability under constitutional standards.

The dynamic development of generative artificial intelligence tools is significantly transforming the manner in which work is performed, particularly in intellectual and creative labour. In practice, questions frequently arise as to whether content generated with AI can be regarded as the employee’s “own work” and what legal consequences follow within an employment relationship. The aim of this article is to analyse this issue from a labour law perspective, accounting for employee liability, copyright intersections, and constitutional and ethical aspects of workplace AI deployment.

The study adopts a dogmatic-legal method, combining linguistic, systemic, and functional statutory interpretation with an analysis of European soft law standards and the AI Act. The findings demonstrate that AI-assisted content cannot be automatically identified as the employee’s own work; its legal qualification requires a case-by-case assessment of the employee’s actual decision-making input and control over the result. Furthermore, copyright analysis reveals that much AI-generated content may fail to meet the threshold of a “work,” creating tension between employee liability and authorship concepts.

The article concludes that while AI does not eliminate the personal nature of work, unannounced automation risks blurring responsibility. De lege ferenda, the author advocates for establishing transparent internal workplace regulations regarding AI usage, aligning employee autonomy with accountability under constitutional standards.

The article explores the interplay between literature and law in the context of transgender issues, demonstrating how literary works and legal doctrine and jurisprudence shape the understanding and legal situation of transgender people in Poland. The authors, referencing selected literary texts (including Virginia Woolf’s Orlando and Olga Tokarczuk’s The Empusium) as well as recent changes in the jurisprudence of the Supreme Court and the Court of Justice of the European Union, highlight the shortcomings of the Polish legal system, which still fails to address the real needs of this social group. It is argued that literature, by fostering empathy and presenting the complexity of transgender experiences, can be an important voice in the debate on the need for legislative changes. The article emphasizes that comprehensive and modern legal regulations should take into account both human rights and individual dignity, providing an adequate response to contemporary challenges. The authors highlight a number of areas in which transgender individuals experience limitations that negatively impact their well-being. They also note that, in light of recent Supreme Court case law, court procedures initiated by transgender individuals should be significantly simplified. In particular, they demonstrate that literature can serve a cognitive, critical, and normative role in law, influencing its interpretation and directions of development. The authors point out that the lack of comprehensive legal regulation in Poland leads to fragmentation of transgender rights protection and shifting the burden of resolving key issues to the judiciary. They emphasize the importance of recent Supreme Court case law and European standards as a catalyst for legislative change. The article also points to the need to consider transgender issues in a broader context, encompassing healthcare, labor law, anti-violence, and family law.