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New powers of environmental organisations: Will they benefit the environment??
On 20 April 2021, the President of Poland signed into law an act amending a number of laws on public participation in proceedings concerning projects likely to have a significant impact on the environment.
New powers of environmental organisations: Will they benefit the environment??
It will be more difficult to implement projects requiring an environmental decision
The amendment to the act on environmental impact assessments signed into law by the President of Poland increases the powers of environmental organisations and makes obtaining permits for development projects more time-consuming. It will be possible to stay the execution of a decision on environmental conditions, suspending proceedings on project permits. But the law also provides for certain measures that may limit the negative impact of such rulings on investors.
It will be more difficult to implement projects requiring an environmental decision
A decision is issued … then what?
Restrictions resulting from the state of epidemic, as well as extensive changes in law coming into force overnight, require a fresh look at many issues, including such mundane issues as when administrative decisions become final.
A decision is issued … then what?
Administrative proceedings must continue despite the epidemic
The restrictions due to the state of epidemic are making life harder for all of us. But in pending administrative proceedings, there is no basis for holding back actions and resolution of matters, particularly as this could lead to a backlog. The lack of penalties for inaction or delay should not be an excuse for administrative authorities.
Administrative proceedings must continue despite the epidemic
The state of epidemic and the construction process
The coronavirus epidemic is generating new problems for parties to business transactions: restrictions on business operations, supply disruptions, limited availability of staff and materials, changes in the operation of public bodies and post offices. The downtime they cause has effects not only on civil-law grounds. In addition, there is the issue of expiry of administrative permits. Do the existing regulations, and the new Anti-Crisis Shield, offer any solution?
The state of epidemic and the construction process
COVID-19 and failure to act by public bodies
The solutions provided for in the Anti-Crisis Shield are intended to activate extraordinary instruments supporting businesses during the pandemic. Can changes in the running of time limits provided for by law, including proceedings before public administrative bodies and administrative courts, be regarded as such a solution?
COVID-19 and failure to act by public bodies
When do lawmakers give an investor a second chance?
Before the first contractors appear on the construction site, the investor must comply with many formalities, including obtaining a building permit. But what if the documentation filed with the construction authorities proves incomplete or does not comply with the regulations? Does this necessarily bar completion of the project?
When do lawmakers give an investor a second chance?
Party to building permit proceedings
An amendment to the Construction Law of 27 March 2003 that came into effect as of 11 July 2003 was intended to simplify building permit proceedings, and thus speed up investment projects. One of the ways in which this was to be done was reducing the number of entities that were parties to the proceedings. A party is entitled to take an active part in the proceedings, and can therefore file motions or appeals. This clearly prolongs the proceedings.
Party to building permit proceedings
When a residential part of a building becomes a hotel
The Supreme Administrative Court recently reviewed a case concerning unauthorised change of use of real estate. According to the construction permit it was supposed to be a residential part of a building, but was converted into rooms to be let.
When a residential part of a building becomes a hotel
Unlawful acts of public authority
The issue of unlawful acts and omissions generates some of the greatest controversy in the case law surrounding claims for damages against public authorities. It requires proof from which the court can conclude that a specific act or failure by public bodies was contrary to law.
Unlawful acts of public authority
Damages for legislative unlawfulness
If injury is caused by a defective normative act, it may be unclear where to seek damages—from the State Treasury or from local government—particularly in cases where the actions of these defendants may not be regarded as unlawful.
Damages for legislative unlawfulness
The practice of obtaining a predicate ruling requires reform
Pursuing compensation from the State Treasury for loss caused by issuance of an unlawful judgment is predicated on obtaining a finding in an earlier proceeding that the judgment was unlawful. But the regulations governing how to obtain such a predicate ruling generate serious doubts.
The practice of obtaining a predicate ruling requires reform