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We lawyers, we know court law and theoretically we should persuade our clients to go to court when necessary. Meanwhile, our first, best piece of advice we've given our clients for many years is just: don't go to court. Avoid the court. Seek any other solution, NOT THE COURT. And that lawyer who tells you something else, dear client, he does it for his own interest. So he's cheating on you. Or out of stupidity. Or he doesn't understand your situation, so much so that you'd better find another lawyer.
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First Advice

By Michał Tomczak on 1 March 2021 ANP Newsletter, First page

We lawyers, we know court law and theoretically we should persuade our clients to go to court when necessary.
Meanwhile, our first, best piece of advice we’ve given our clients for many years is just: don’t go to court. Avoid the court. Seek any other solution, NOT THE COURT.
And that lawyer who tells you something else, dear client, he does it for his own interest. So he’s cheating on you. Or out of stupidity. Or he doesn’t understand your situation, so much so that you’d better find another lawyer.

Please read more

Two great European courts, the European Court of Human Rights in Strasbourg and the Court of Justice of the European Union based in Luxembourg are the last hope for many Europeans, especially for societies and nations injured and exposed to authoritarians from bygone eras in power. However, while the Court in Luxembourg is an EU court, which thus benefits from the institutional and jurisdictional integrity of the EU legal system, which allows for correspondingly higher requirements, the Court in Strasbourg assesses the rule of law in countries belonging to the Council of Europe.
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Strasbourg

By Michał Tomczak on 1 March 2021 ANP Newsletter, First page

Two great European courts, the European Court of Human Rights in Strasbourg and the Court of Justice of the European Union based in Luxembourg are the last hope for many Europeans, especially for societies and nations injured and exposed to authoritarians from bygone eras in power.
However, while the Court in Luxembourg is an EU court, which thus benefits from the institutional and jurisdictional integrity of the EU legal system, which allows for correspondingly higher requirements, the Court in Strasbourg assesses the rule of law in countries belonging to the Council of Europe.

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Jan Lityński was one of the idols of my youth. It was at a time when communist propaganda was able to expose the schemes of the KOR by taking little Janek in the hands of Bolesław Bierut. It was not a time when I wanted to wonder what the left-wing character of people like Kuroń, Modzelewski, Michnik or Lityński was all about. As a young revolutionist, I preferred not to be confronted with the question of how can you fight the red with the red leadership?
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Jan Lityński and the leftist love for dogs

By Michał Tomczak on 23 February 2021 First page, IDEAS

Lawyers who browse current legal literature, case law and book publications may have asked themselves the question: who will read all of this? The answer to this question has long been: no one will read. Of course, in some ways this is the nature of utilitarian legal literature, since it is largely not meant to be read, but only to support our views on matters on which we already have a view.
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Return

By Michał Tomczak on 18 February 2021 First page, IDEAS

Colonel Cathcart had a great ability to bring together different people's views on what kind of jerk he was. We have quite a similar case here now. All people of a pro-Western and civilized orientation are ready to defend the independence of courts and judges against those who, under the pretext, want to control the courts. However, do the same people ask themselves - why should we defend this independence, and should the judgments be the same as before?
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Colonel Cathcart and the independence of the judiciary

By Michał Tomczak on 5 February 2021 First page, IDEAS

Colonel Cathcart had a great ability to bring together different people’s views on what kind of jerk he was. We have quite a similar case here now. All people of a pro-Western and civilized orientation are ready to defend the independence of courts and judges against those who, under the pretext, want to control the courts. However, do the same people ask themselves – why should we defend this independence, and should the judgments be the same as before?

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Although the Tribunal is not a Tribunal, and its judges are not really judges - the rationale of the Tribunal's judgment (reference number K 1/20) is worth reading, especially if you are a lawyer with the ambition of bringing value above the pragmatic tasks set for lawyers.
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Substantiation

By Michał Tomczak on 1 February 2021 First page, IDEAS

Although the Tribunal is not a Tribunal, and its judges are not really judges – the rationale of the Tribunal’s judgment (reference number K 1/20) is worth reading, especially if you are a lawyer with the ambition of bringing value above the pragmatic tasks set for lawyers.

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In the unusual song describing Matejko's painting "Rejtan", Jacek Kaczmarski uses - in the mouth of the Russian ambassador to the court of the Polish king - a term that I remember for the rest of my life, "Authority is not a penny here."
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From the ambassador’s report

By Michał Tomczak on 18 January 2021 BLOG, First page, IDEAS

In the unusual song describing Matejko’s painting “Rejtan”, Jacek Kaczmarski uses – in the mouth of the Russian ambassador to the court of the Polish king – a term that I remember for the rest of my life, “Authority is not a penny here.”

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The purpose of our newsletter is to present the various, possibly general problems that we have encountered in connection with the application of economic law. Our aim, then, is to present views, not information. So it's about approximating a point of view that usually for not lawyers - is unavailable. We also want to write about what, from the perspective of many of our lawyers, is considered a forbidden topic, because it leads to the disclosure of rather intimate professional secrets.
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ANP Newsletter

By Michał Tomczak on 15 January 2021 ANP Newsletter, First page

The purpose of our newsletter is to present the various, possibly general problems that we have encountered in connection with the application of economic law. Our aim, then, is to present views, not information. So it’s about approximating a point of view that usually for not lawyers – is unavailable. We also want to write about what, from the perspective of many of our lawyers, is considered a forbidden topic, because it leads to the disclosure of rather intimate professional secrets.

Please read more.

The key elements of the grant infrastructure are amazingly under-regulated. We advise you to be careful. The fact that EU subsidies have changed Poland is beyond doubt. The fact that EU subsidies are based on mature legal acts of the Union itself is also beyond doubt. The fact that subsidies sometimes have to be returned - the entrepreneur finds out about it in the most unexpected way. We are taking such an agreement for an EU subsidy. The deal is large.
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Dignified Dagon or EU funds

By Michał Tomczak on 15 January 2021 ANP Newsletter, First page

The key elements of the grant infrastructure are amazingly under-regulated. We advise you to be careful.
The fact that EU subsidies have changed Poland is beyond doubt. The fact that EU subsidies are based on mature legal acts of the Union itself is also beyond doubt. The fact that subsidies sometimes have to be returned – the entrepreneur finds out about it in the most unexpected way. We are taking such an agreement for an EU subsidy. The deal is large.

Please read more

Technology allows companies to advertise products that are generally not allowed to advertise. The essence of the solution is to create an additional requirement to become familiar with the advertised product. It is well known that industries producing goods considered harmful - more or less - are plagued by advertising bans. The historically most famous cases of bypassing advertising bans are those that today would certainly be considered outright illegal, such as the "Łódka Bols" or WTK Soplica.
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QRbypass

By Michał Tomczak on 14 January 2021 ANP Newsletter, First page

Technology allows companies to advertise products that are generally not allowed to advertise. The essence of the solution is to create an additional requirement to become familiar with the advertised product.
It is well known that industries producing goods considered harmful – more or less – are plagued by advertising bans. The historically most famous cases of bypassing advertising bans are those that today would certainly be considered outright illegal, such as the “Łódka Bols” or WTK Soplica.

Please read more

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