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How does access to public information work in Poland?
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?
How does access to public information work in Poland?
e-Delivery: A revolution in businesses’ communications with the state administration and courts
A revolution is coming in communications between Polish companies and state and local administrations and the courts. It will take the form of the e-Delivery electronic system through which public administrative offices (including tax offices) and courts will communicate with companies and citizens. The system will also be used for communications between private entities, for example business-to-business. All indications are that it will be a very useful solution.
e-Delivery: A revolution in businesses’ communications with the state administration and courts
New opportunities for recognition of Polish citizenship
In a recent case, we managed to break through the paradigm of automatic loss of Polish citizenship if foreign citizenship is acquired. The case involved a citizen of Argentina (the grandson of Polish immigrants) who was denied confirmation of Polish citizenship by the Minister of Interior and Administration. The authority found that although the client’s mother was the holder of Polish citizenship via her father, she lost it when she turned 18 because at that time she also held Argentinian citizenship, acquired at birth.
New opportunities for recognition of Polish citizenship
Should food producers fear explanatory proceedings? The notification system for initial marketing of dietary supplements and other foodstuffs
For some time, the initial marketing of certain types of foods in Poland has required notification of the Chief Sanitary Inspector. The notification system for dietary supplements and functional foods has been in place in Poland for more than 20 years, and a similar system is in place in most EU member states. The most questions arise from the initiation of explanatory proceedings involving the classification and compliance of the notified product. Further doubts began to arise at the beginning of 2023, when a long-expected bill amending the regulations governing the procedure for reporting and advertising dietary supplements was published.
Should food producers fear explanatory proceedings? The notification system for initial marketing of dietary supplements and other foodstuffs
Tax proceedings and trust in public authorities
Issuing a permit to demolish a building, then blocking the demolition and demanding payment of tax on the undemolished building, while ignoring a request for an individual interpretation on the matter, hardly fosters citizens’ trust in the public authorities. It is also unlawful.
Tax proceedings and trust in public authorities
Listing of entities for Polish and EU sanctions
At the EU and national levels, severe economic sanctions are in place against many entities, mainly Russian. After entry into force of the Sanctions Act (the Act on Special Solutions for Countering Support of Aggression Against Ukraine and Protecting National Security of 13 April 2022), first published on 26 April 2022, the Polish sanctions list maintained by the Minister of the Interior and Administration took on particular significance. The purpose of its creation is clear: to counter support for Russia’s aggression against Ukraine. Nevertheless, the criteria for inclusion in the list are not clear-cut, and the procedure for issuing a listing decision greatly limits the right to defend against wrongful inclusion, as Polish entities can easily be included in the list.
Listing of entities for Polish and EU sanctions
Sanctions for violating sanctions
Until now, the obligation to comply with the EU economic sanctions regime has arisen directly from the EU regulations, in particular Regulation 833/2014 and Regulation 765/2006 containing restrictive measures against Russian and Belarusian entities, but violation of bans has not been subject to fines. This situation should change, as a bill on special solutions to prevent the support of aggression against Ukraine and to protect national security is being taken up in the Polish parliament.
Sanctions for violating sanctions
How can Russia combat sanctions?
The Russian Federation has not remained passive in the face of sanctions imposed on it for its invasion of Ukraine. In retaliation, Russia has imposed its own sanctions on Western countries and has announced the nationalisation of property of companies ceasing or suspending their activities in Russia. However, this has not exhausted its arsenal yet, and it may not be long before there are further actions by the Russian Federation in the international arena challenging the legality of the measures hitting the Russian economy.
How can Russia combat sanctions?
The impact of EU economic sanctions on business contracts
24 February 2022, the day when Russian troops unlawfully invaded the territory of Ukraine, proved to be the beginning of a test of European solidarity, and of the resilience of the European economy. On a macro level, a huge question has arisen: Can the European economy function without eastern markets? At the micro level, businesses are faced with dilemmas of how to deal with counterparties from that region, particularly in the context of existing long-term contracts at an advanced stage of completion.
The impact of EU economic sanctions on business contracts
Parcel lockers: No building permit required, but subject to real estate tax?
The pandemic has affected the way we shop. More and more frequently, buyers order products (including Christmas gifts) online with delivery to a designated customer service location or a parcel locker, so they don’t have to wait at home in the time slots indicated by the courier. More parcel lockers are appearing in housing estates and on the street. While it is clear that constructing parcel lockers does not require a building permit, are parcel lockers subject to real estate tax?
Parcel lockers: No building permit required, but subject to real estate tax?
Stay of enforcement of environmental decisions—now what?
We have reported here on the 30 March 2021 amendment to the law on environmental impact assessments from the perspective of investors and ecological organisations. In practical application, these provisions are generating more and more doubts.
Stay of enforcement of environmental decisions—now what?
Contracts for supply of agricultural products under scrutiny
The EU’s Single CMO Regulation provides for heavy penalties for use of a form contract with even minor deviations from the formal requirements under that regulation. As a result, the National Support Centre for Agriculture may impose administrative fines of millions of zlotys on businesses.
Contracts for supply of agricultural products under scrutiny