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Investments and Investment Aims of the Three Sees Initiative Investment Fund
The Three Seas Initiative (“3SI”) is a regional cooperation initiative lunched in 2015 by presidents of Poland and Croatia. Currently, its members are the 13 member states situated between the Adriatic, Baltic, and Black Seas. In 2019, the Three Seas Initiative Investment Fund (“3SIIF”) was launched. It will invest in projects related to energy, transportation, and digital infrastructure to strengthen economic ties and reduce development disparities within the region. Fund members committed to invest at least EUR 913 million.
Freeriding isn’t allowed in an alliance, but neither is bullying and humiliating your allies
Donald Trump has caused uproar in Europe by his comments that the US under his lead would not come to the rescue of NATO states that are not contributing enough financially to NATO’s defence capacity. This is not the first time he has said such things, and he made similar suggestions when he was the sitting president. This time he added some unhinged and provocative comments about how he would actually encourage Russia to do “whatever the hell it wants” with non-paying NATO member states. But leaving aside this appalling style and all antipathies, let’s consider if he has a point in law.
Freeriding isn’t allowed in an alliance, but neither is bullying and humiliating your allies
Constitutional hostile takeover?
Can the outgoing government’s “digging in” at state institutions be compared to the actions of a company’s management board abusing their powers, in their own interest, to keep the shareholders from transferring control of the company to a new investor? And if so, does the Polish Constitution ban such actions by holders of public authority, just as private law bans such actions by the management board (or anyone else acting in a fiduciary capacity)?
Constitutional hostile takeover?
The Polish competition authority’s plans for 2024
The Office of Competition and Consumer Protection (UOKiK) definitely stands out from other public administrative bodies in the number of interventions it carries out and the decisions it issues, as well as its impact on the behaviour of market participants. The regulator’s activity constantly attracts media and public interest. This makes it particularly worthwhile for businesses to be aware of the regulator’s agenda for this year.
The Polish competition authority’s plans for 2024
Important amendments to the Foreigners Act
Facilitation of the process of obtaining an EU Blue Card in Poland, and digitalisation of the application procedure for granting residence permits, is provided for in a bill to amend the Foreigners Act.

 
Important amendments to the Foreigners Act
An administrative authority should take into account a right that is not entered in the land and mortgage register but follows from entries of other rights in the register
In determining the parties to administrative proceedings, the authority is bound by the entry of rights in the land and mortgage register. It is presumed that a right disclosed in the land and mortgage register is entered in accordance with the actual legal status. It is also presumed that a cancelled right does not exist. The practice shows that invoking a undisclosed right usually will not rebut these presumptions. But the situation is different with an undisclosed right whose existence can be inferred from other entries in the land and mortgage register.
An administrative authority should take into account a right that is not entered in the land and mortgage register but follows from entries of other rights in the register
Cheaper requests for conciliation
New rules for payment of court fees on requests for conciliation in Polish civil proceedings have been in effect since 28 September 2023. The parliament has heavily reduced the fees to make the institution more attractive, after it ceased to interrupt the limitations period but only suspends it.
Cheaper requests for conciliation
Investment property and tax expenses
One of the challenges facing real estate companies is the limitation of claiming tax costs for depreciation on real estate, effective from 2022. Sometimes, the only way out will be tax litigation.
Investment property and tax expenses
Minimum tax on building income
The minimum tax on income from buildings in Poland was reinstated as of 2022, and the reinstatement brought with it a return of interpretive doubts making it difficult for taxpayers to apply the tax. These doubts include whether hotel services are covered by the minimum tax, and whether depreciation deductions on buildings and income from common areas should be factored in when calculating the tax.
Minimum tax on building income
The master plan
Pursuant to the 7 July 2023 amendment to the Spatial Planning and Development Act, the zoning study will be superseded by a master plan and commune development strategy. The provision imposing an obligation on communes to adopt a development strategy enters into force on 1 January 2026. Introduction of master plans is intended to vest more power in local governments in Poland in establishing policies for land use and development.
The master plan
Integrated development plan
The July 2023 amendment to Poland’s Spatial Planning and Development Act introduced a special form of local zoning plan—the integrated development plan. It grants communes and investors more freedom to locate development projects, regardless of the findings of the existing local zoning plan. Ultimately, integrated development plans will replace the resolutions on siting of housing developments issued under the housing special act (such resolutions can be issued until the end of 2025). But an integrated development plan can be enacted for any type of project, not just residential projects.
Integrated development plan
The urban register and instruments of public participation
The recent overhaul of the Planning and Spatial Development Act tidied up and streamlined the planning procedure. In addition to revolutionary changes, such as replacement of the zoning study with the master plan and commune development strategy, as well as introduction of integrated development plans as a special type of local zoning plan prepared at the initiative of private investors, a nationwide urban planning register was introduced, and the catalogue of tools for public participation in land use and development issues was expanded.
The urban register and instruments of public participation