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administration

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
Liability of the State Treasury for loss caused by overlengthy judicial proceedings
Jak ocenić, czy postępowanie sądowe jest przewlekłe, i jak dochodzić odszkodowania, jeśli przewlekłość postępowania spowodowała szkodę.
Liability of the State Treasury for loss caused by overlengthy judicial proceedings
State Treasury’s liability in damages for defective tax decisions
The defectiveness (unlawfulness) of a tax decision isn’t enough. Injury must also be proved, and an ordinary causal link between issuance of the decision and the injury.
State Treasury’s liability in damages for defective tax decisions
Is the State Treasury liable for poor snow removal from the roads?
Under Art. 417 of the Civil Code, the State Treasury is liable for injury caused in exercise of public authority. It’s usually not too hard to determine whether the state is acting as a party to civil dealings and when it is exercising authoritative competencies. Nonetheless, there are some activities of public entities that are not clearly authoritative but should be deemed to be the exercise of public authority, the Supreme Court of Poland held in its judgment of 6 June 2014 (Case III CSK 211/13).
Is the State Treasury liable for poor snow removal from the roads?
Mediation in administrative proceedings
Public administration is typically associated with authoritative decisions that can be modified only by challenging them through the administrative courts. A recently adopted amendment to the Administrative Procedure Code is designed to soften this image and make the state’s executive authority more citizen-friendly.
Mediation in administrative proceedings