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PAP Legal News Bulletin (23/06/2005-29/06/2005)
Sejm adopts Senate’s amendments to law on civil service
The Sejm adopted the Senate’s amendments to the law on civil
service introducing the obligation to publish (including via the
Internet) information about all vacant state posts. The Senate’s
amendments put in order regulations adopted by the Sejm.
In line with the amendment names of candidates applying for
posts and those who win the posts should be made public.
The same regulations will relate to other state administration
institutions - agencies, funds, ZUS (social insurance fund) and
KRUS (insurance for farmers). The law relates to 100,000 posts
including Civil Service head and his/her deputy that will have
to be selected via contest. The amendment also includes an entry
that higher civil service posts can be performed only by a
member of the civil service corps (a nominated official) for 6
months at the utmost. The term of office can be prolonged only
once for three months. The amendment has been sent to the
president for his signature.
Sejm amends law on health terms of food and nutrition
The Sejm amended the law on health terms of food and nutrition
obliging food producers to carry our permanent internal
inspections and the documentation of the inspections.
Food producing, storing, trading and transport are regulated by
the EU rules. Producers operating on the territory of the EU are
obliged to adhere to the so called HACCP (Hazard Analysis and
Critical Control Point System). Regulations adjusting the Polish
law to the EU in this field have been introduced but are
imperfect. EU experts have pointed out that there is lack of
penal sanctions for lack of implementation of HACCP.
The amendment is aimed at making up for this type of
inadvertence. The MPs supported the amendment introducing fines,
freedom limitation or an up to one-year prison term for
poorquality food produce or for launching on the market of GMO
without related permits. The MPs also decided to postpone the
enactment of the law from 14 days to 30
days after it is made public.
Sejm adopts amendment to law on cultural activity
An entry of an amendment adopted by the Sejm introduces the
possibility of writing off debts of cultural institutions which
had been burdened with payments related to the management of
their property ascribed to them by the law which transformed
them into legal entities before 1991, that means theatres and
philharmonic halls. The institutions which gained the status of
legal entities after 1991 or, libraries were exempted from these
payments. At present institutions with real estate mortgage
securing future claims may now apply for European funds. The
amendment improves the way of financing culture institute run by
local government which now may receive subsidies directly from
the budget of the culture minister and not via local government
units
as it has been so far.
Local government units will also be able to grant subsidies for
investments to culture institutes, schools and artistic
institutes run by the culture minister. The nongovernmental
organizations NGOs will be able to get subsidies from the
culture minister on the basis of the National Culture Strategy
for 2004-2013. By the new law artistic institutes as well as
premises rented for artistic activities cannot be treated as
premises for running business. The MPs also liquidated the
distinction “Merited Culture Activists” assigned only to Poles
and introduces the distinction “Merited for the Polish Culture,”
for Poles and foreigners alike. Also introduced have been three
classes of the “Merited to Culture Gloria
Artis” medal. The medal will be granted to Polish and foreign
artists most merited to the Polish culture.
Sejm amends law on insecticidal products
The Sejm unequivocally amended the law on insecticidal products
adjusting legal regulations to European Union requirements.
The draft is also to amend some of entries to eliminate possible
difference in interpretation.
The EU directive admits trading in biocides in line with
procedures and practices binding in a given EU country until May
14, 2010. Meanwhile the regulation applying to the transitory
period did not unequivocally specify legal doubts as to the
principles of granting license for the products. The amendment
adjusts the date from which the transitory period is calculated
to make it identical with the date included in the regulationsof
the directive. In to-date wording of the law on biocides the
transitory period was calculated from the date of its being
enacted or, December 1, 2002 whereas in line with the directive
it should be calculated as of May 14, 2000. An additional
chapter of the amendment specifies toxicological means requiring
medical consultations in cases of biocide poisoning as well as
principles and the way of their functioning.
Tribunal: regulations on access to profession of diagnostic
unconstitutional
The Constitutional Tribunal deems unconstitutional regulations
of the law on laboratory diagnosis specifying the access to the
profession of the diagnostic. A motion to this effect has been
submitted by the Polish Chamber of Physicians and Dentists
according to which the law limits physicians’ access to this
profession. The judges decided that
unconstitutional regulations will become null and void on June
30, 2006 due to the need for regulating the “entire question” of
access to the profession of laboratory diagnostics which stems
from the aim of the law, namely the protection of public health.
The tribunal ruled that the said regulations are not precise.
Besides, they leave too much room for decision to schools or
professional corporations by-rules whereas these questions
should be regulated by the law. The Constitutional Tribunal
ruled that the law leaves room for interpretation in line with
which the status of laboratory diagnostic may be granted to a
person not being properly trained for the profession and, on the
other hand, it does not give a guarantee to people well prepared
for the profession to be written into the list of diagnostics.
Government adopts Strategy for Health Care Development for
period of 2007 and 2013
The government adopted the National Strategy for Health Care
Development for the period of 2007 and 2013.
One of the strategic goals includes improvement in health safety
by e.g. easy access to paramedics.
The goal specified that “improvement in efficiency of health
care operations” envisages the streamlining of demand for health
care services. The strategy envisages the adjustment of health
care to changing demographic tendencies via improvement in
mother-child care.
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