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The amendment to the Administrative Procedure Code of 11 August 2021: What does it actually mean, and does it live up to the declarations of the authorities?
The provisions of the Administrative Procedure Code amended on 11 August 2021 regarding the time limits for invalidating administrative decisions or finding that they were issued unlawfully will come into force on 16 September 2021. What are the real consequences of this amendment? They seem inconsistent with the pronouncements of Poland’s highest state authorities.
The amendment to the Administrative Procedure Code of 11 August 2021: What does it actually mean, and does it live up to the declarations of the authorities?
Seeking compensation for expropriation before the county executive
A decision on compensation for real property taken by the state may also be issued by the county executive, according to Art. 129(5)(3) of the Real Estate Administration Act of 21 August 1997. When can this provision constitute a basis for determining the compensation due for expropriated property?
Seeking compensation for expropriation before the county executive
Next phase in limitation and extinguishment of reprivatisation claims to Warsaw properties
Amended regulations governing claims by former owners under the Warsaw Decree entered into force on 20 October 2020. Consequently, the only form of reprivatisation in Warsaw admissible in practice will be damages pursued through complicated, time-consuming and costly judicial proceedings, while a large portion of claims will be extinguished without compensation.
Next phase in limitation and extinguishment of reprivatisation claims to Warsaw properties
Personal injury during the pandemic
The state’s enforcement of epidemiological restrictions (commands and prohibitions), despite many doubts as to their constitutionality, currently constitutes lawful exercise of public authority. Nonetheless, even actions by the state with the blessing of the law may entail a risk of COVID-19 infection for doctors, nurses, police and others. Serious detriment to their health—or even death—as a result of infection may give rise to liability on the part of the State Treasury under the principle of equity.
Personal injury during the pandemic
State Treasury liability for legal injury during the pandemic
Declaration of a state of epidemiological threat and then a state of epidemic, and other legal acts, entails not only introduction of commands and prohibitions in everyday and professional life but also various types of restrictions on business operations. Doctors may be directed to work in hospitals for infectious diseases. Businesses are saddled with new restrictions causing them to generate significant losses. Can damages be sought from the State Treasury due to these restrictions?
State Treasury liability for legal injury during the pandemic
Would a state of extraordinary measures change the issue of damages for businesses?
No one expects the Polish State Treasury to bear full responsibility for businesses’ losses due to the coronavirus epidemic. However, the regulations should provide some recompense for parties injured by the introduction of sweeping commands, limitations and prohibitions on business operations. This is required first and foremost by concern for the state of the national economy for which businesses are the driving force.
Would a state of extraordinary measures change the issue of damages for businesses?
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
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
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?
Public authorities’ liability for damages
The topic of liability for damages on the part of public authorities is not widely known. Many people are not aware of the extensive rights at their disposal connected with actions by bodies of public authority. Consequently, injured parties often fail to pursue redress of losses suffered in connection with public administration.
Public authorities’ liability for damages
The king can do wrong
It used to be accepted that the sovereign is infallible, and questioning the correctness of the sovereign’s decisions was bound to end badly. Today, fortunately for the people, there are instruments for holding the authorities liable for their wrongful acts and omissions.
The king can do wrong