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PAP Legal News Bulletin, 24/11/2005
Law on powers takes effect as of January 1
Deputy Prime Minister and Minister of Internal Affairs and
Administration Ludwik Dorn said the government would keep
January 1, 2006 as the deadline for the so called law on powers
to take effect. He admitted that the law comprised a number of
errors but said they would be systematically corrected.
The amendment to the law which changes the division of tasks and
powers of the local administration called in short the law on
powers introduces amendments to 32 laws. The amendments consist
on transferring certain provincial governor’s powers to local
government of the province or a county as tasks commissioned by
the state administration. The law was passed in July and its
regulations are to take effect as of January 1, 2006.
The transfer of powers to smaller administration units relates,
among other things, to granting licenses for the renovation or
construction of military grave and cemeteries, the keeping of
registers of personal and pay files keepers, receiving
notifications about writing foundations into the National Court
Registry, shifting certain communes to another tax district in
justified cases, setting up locations in which local payment is
collected, supervising the forest economy.
The Ministry of Internal Affairs and Administration MSWiA wants
to revise powers of the government and local government
administration in the context of EU structural funds. Dorn did
not rule out the possibility of shifting these powers to local
government.
The deputy prime minister announced that as part of power
devolution he would try to transfer to local government not only
powers but also means related to these powers.
Dorn suggested that there was a need to change the country
territorial division in the part related to counties (powiats).
He also announced that by the end of the year a draft law on
crisis management would be worked out and the Main Office for
Computerization of Public Administration would be set up to
coordinate computerization of separate ministries.
Grzegorz Bliźniuk appointed government commissioner for
Schengen II
Prime Minister Kazimierz Marcinkiewicz appointed undersecretary
of state at the Ministry of Internal Affairs and Administration
MSWiA Grzegorz Bliźniuk government commissioner for Schengen
system and the exchange of visa information within the European
Union.
The government information centre CIR wrote in a statement sent
to Polish Press Agency PAP that Bliźniuk will be responsible for
the preparation of the state administration bodies to cooperate
with the Schengen Information System (SIS II) and the Visa
Information System (VIS).
The new commissioner will prepare the Polish public
administration
to function within the Schengen system and will work on making
up for delays in the field. Bliźniuk is also to prepare Poland
for participation in the VIS program.
Schengen Information System SIS II aims to enlarge Schengen area
by countries which joined the European Union on May 1, 2004.
Schengen system that entered into force in 1995 groups all
countries of the European Union except for Great Britain and
Ireland, Norway, Iceland and Liechtenstein.
All entering the Schengen area pass only one border control – at
the external border. Next countries can be visited without any
checking. In a referendum held in June integration with Schengen
was also supported by Swiss citizens.
Visa Information System VIS, set up in June last year closely
cooperates with the SIS II system.
Work on VIS which is still not competed is to enable the
exchange of information between membership countries on people
that gained EU visas. It refers, e.g. to situations threatening
union internal security, skipping criteria included in visa
applications, illegal migration.
The European Commission reported in June it planned to launch
SIS II system in March 2007.
Government adopts draft amendment to law on medical
emergency service
The government adopted a draft amendment to the law on medical
emergency service. The government wants the draft to take effect
as of December 31, 2005. The government plans to amend the law
because without the amendment taking effect on January 1, 2006
in force will be two laws regulating the financing of the
medical emergency service.
Under the first one, pre-hospital services are financed from the
state budget. According to the second they are paid by the
National Health Fund. (NFZ). Until December 31, 2005 the said
services will be paid by the National Health Fund on to-date
basis, the government wrote in the draft amendment.
The Council of Ministers wants all spending not related to pays
in emergency dispatch centers to be covered by the state budget
target reserve.
Principles regulating issuing driving licenses to heads
and staff of foreign diplomatic missions
The Council of Ministers adopted a draft law changing certain
laws in connection with changes to tasks and powers of local
administration.
Under the amendment provincial governors will retain those
powers which are related
to the implementation of government tasks and programmes.
The said powers include the issuing of driving licenses to heads
and staff of foreign missions, supervision over the course of
state exams and the management of the provincial road safety
council.
Provincial road transport inspectors will be accountable to the
Chief Road Transport Inspector.
The provincial governor as the government representative in the
province will have the upper say on the route of a home road and
will issue a permit for its construction.
The law takes effect on December 31, 2005.
Amendment to law on General Attorney Office of State Treasury
The Council of Ministers adopted a draft law amending the law on
General Attorney Office of the State Treasury. The adopted draft
removes legal loopholes which would prevent the General Attorney
Office of the State Treasury to efficiently defend rights and
interests of the State Treasury.
The proposed amendments eliminates the threat to the State
Treasury of being unable to lodge appeals claims to the Supreme
Court after the General Attorney Office of the State Treasury is
set up. So it will have the right to lodge appeals’ claims.
Under the draft there will be no need to set up 10 divisions of
the General Attorney Office. So far separate divisions have been
involved in a few to a few scores of trials which may easily be
taken over by the Main General Attorney Office.
If there is a need to set up a specific division in future it
will be established by an ordinance of the prime minister. The
amendment puts off the deadline for starting operations by the
General Attorney Office from January 1, 2006 to March 15, 2006.
The decision is to enable efficient preparation of the new unit
for carrying out its tasks.
Government adopts draft law on free meals
The government adopted a draft law on a free meal program for
2006-2009 for children, youth, old-age, sick and disabled. In
2006 the government plans to assign for the program more than
831 million PLN with 500 million PLN from the state budget.
The program “State Assistance in Providing Free Meals” envisages
help via either a free-of-charge meal or money for the purchase
of food and the sponsorship of school canteens.
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