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Dr Kamil Dąbrowski
ORCID: 0000-0003-1714-6260

Dr Kamil Dąbrowski

Doctor of Juristic Science, legal counsel, an employee in the Law and Administration Department at the University of Szczecin. Author of several publications, which common aim was a promotion of using the theoretical-law instruments in a process of interpretation that legislation acts, which correct application can raise doubts.

 

 
DOI: 10.33226/0137-5490.2020.10.7
JEL: K10, K25

The following paper is inspired by an undergoing debate at the Supreme Court of the Republic of Poland pertaining to a controversial issue presented in the documents of legislative process, namely that of the interpreter's and the legislator's interdependency. Employing the legal and factual framework of a question addressed to the Supreme Court of the Republic of Poland, concerning an interpretation of one of the infrequent agricultural and rural laws, the author aims to expand on the question's main concept, as well as the motifs present in the voted legislation. For this reason, the main purpose of this paper is to determine how the legislative materials can impact on the legal interpretation process. Hence, the author's commentary on The Supreme Court's argument which is directly connected to the interpretation of the debated regulations, pinpoints the functional and systematic rationale of the Supreme Courts's stance. Consequently, by utilizing the theoretical and legal constitutional arguments, the author comes to a conclusion that even though the legislative process' documents may be useful in the process of law interpretation, they ought to be considered as subsidiary models of interpretation only. For this reason, referring to them ought not to transform the unequivocal linguistic, functional and systematic interpretation.

Keywords: agricultural law; legislative materials