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PAP Legal News Bulletin (07/07/2005-13/07/2005)
Sejm adopts law on lobbying
Almost unanimously the Sejm adopted the law on lobbying
specifying the principles of registration, reporting and
accreditation of lobbyists. The MPs adopted all amendments
forwarded to the chamber during the 2nd reading and passed by
the chamber extraordinary committee for the law on lobbying. In
line with the law lobbying covers all legal actions aimed at
exerting influence on public authorities in the process of
law-making. The law also introduces a notion of „professional
lobbying” that means lobbying for other people in exchange for
money. Entities carrying out this type of activity are obliged
to write their data in a special register otherwise a fine
ranging between 3,000 PLN and 50,000 PLN will be imposed on
them. (Money from the fine will go to the state budget). In line
with the law the government will prepare at least once in six
months a program of legislative work regards draft laws that
will be available in the Public Information Bulletin BIP.
Similar programs will be prepared in case of draft ordinances.
BIP will also publish names of all people interested in the work
on the law or draft ordinance if their applications are
presented on an official filling form. Later the interested
person or unit will be entitled to take part in a public
„hearing” of the draft . After that it will have the right to
present its own opinion on the draft in line with the binding
law and in a clear way. The Sejm standing orders do not contain
the institution of public hearing. The Sejm extraordinary
committee for the law on lobbying adopted a related resolution
introducing it. The adopted law also envisages that chairmen of
parliamentary floor groups or circles will be obliged to submit
to the Sejm or Senate speakers information about the social
partners of the caucus or the circle including the information
about the person, his/her income sources, and business
operations from 3 years prior to employing the person in the
office. Also the minister will have the obligation to report to
the PM similar data on his political cabinet employees. The law
on lobbying was prepared by the government and will still have
to be examined by the Senate.
Sejm adopts law changing perpetual usufruct into ownership
right
The Sejm adopted a law changing the right to perpetual
usufruct into the ownership right. The law relates to real
estate built for housing purposes, for housing cars in a garage
or agricultural real estate. The law states that entitled to
become owners will be all who use the property on the day of the
law enactment and their legal heirs. The above mentioned
regulations are aimed at leveling the rights of owners of flats
in housing cooperatives with those holding flats in housing
communities. The law contains a regulation introducing the
principle of payment for changing the status. The payment will
be based on the real estate value of the property. At the same
time it creates the opportunity to grant an allowance of
unlimited value as regards rural properties and those assigned
for houses.
However, there is an obligation to repay the allowance if the
property was used for other purposes or sold in 5 years from the
date of the transformation. Free-of-charge transformation will
apply to those to whom real estate was given in a perpetual
usufruct in exchange for taking away their ownership rights or
the rights to real estate before December 5, 1990.
It will also apply to those who gained perpetual usufruct on the
basis of the October 26, 1945 decree on the ownership and use of
land on the territory of Warsaw. Motions for transformation may
be submitted only till the end of 2012.
State compensation for victims of certain crimes
A person wronged as a result of a crime with the use of force or
his/her relatives will be entitled to compensation in the amount
of 12,000 PLN, under the law on state compensations to victims
of certain crimes passed by the Sejm. In line with the law the
compensation will only cover lost means or maintenance costs of
the victim, the cost of medical treatment or a burial if it is a
result of the crime.
Compensations will be granted only when it turns out impossible
to collect the money from the perpetrators irrespective of the
fact whether or not the perpetrator was apprehended and
sentenced. The compensation is not aimed to replace other forms
of compensations but to make up for losses that cannot be
covered in any way. Motions for compensations submitted by the
entitled person (the victims of the crime or his/her relatives
will be examined by a civilian department of the district court
proper for the territory where the crime has been committed. In
line with the draft the justice minister is to issue an
ordinance specifying the motion form. Information about the way
of applying for compensation will be divulged to the wronged by
the prosecutor’s office.
Compensations will be granted to Poles or EU citizens in
two-year time from the date of the crime and under the condition
that no other compensation has been paid from another source.
Enclosed to the motion should be a medical statement, documents
from penal proceedings given to the victim recognized as a
wronged person. The accepted compensation should be paid in 1
month from the date of the verdict being legally binding. It
should however be returned if proceedings are dropped or a not
guilty verdict is passed because no crime was committed.
Prosecutor’s offices will mediate in conveying motions for
compensations submitted in Poland to other EU countries where
compensations are granted on similar principles as in Poland.
Also, Polish prosecutor’s offices may hear the wronged or resort
to remote hearing via the Internet cameras if the need arises.
Sejm approves European system of toll roads
The Sejm adopted a law enabling the introduction of a uniform,
electronic, European system of collecting payments for using
roads, bridges and tunnels. The law does not specify the date
when the law takes effect as it will be set by the
infrastructure minister. However, it has been stipulated in the
law that payments collected from cars weighting no less than 3.5
tons and carrying not more than 9 passengers will be in force no
sooner than on January 1, 2009 and for the remainder no sooner
than on January 1, 2011. The law also stipulates technologies
that can be used in introducing the system. It will be one of
three possibilities either the satellite positioning system, the
radio communication system based on GSM-GPRS standard or 5.8 GHz
frequency radio system. The law does not put the obligation on
drivers to install related equipment able to cooperate with
payment collecting systems in the EU though the obligation to
offer such equipment has been put on road managers.
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