In July, 12 US senators called on President Andrzej Duda not to allow the Administrative Procedures Amendment to enter into force. According to the regulations you are dealing with at the present time Senate30 years after the issuance of the administrative decision, it cannot be appealed.
According to American politicians, the new law will make it impossible to obtain compensation for property seized by the Nazis Germany and communist authorities. Senators asked the Polish president for an answer.
On July 20, we approached the Presidential Chancellery with a short request for information on whether Andre Duda Will write back on that letter.
Two weeks later – on August 3 – we received an email from the President’s Chancellery, informing us that “the deadline for examination of the application has been extended by August 17, 2021 at the latest”.
“The need to extend the deadline is caused by the need to analyze the application in terms of the rules and procedures for disclosing public information and according to its results, or to collect and prepare the necessary data, to issue an administrative decision or to send information letter ”- the press office told us.
Amending the Administrative Procedures Law. what is going on?
According to the law passed in the House of Representatives at the end of June, it will be impossible to appeal the decision 30 years after the administrative decision. This applies, for example, to cases of property confiscation from years ago.
polishing MSZ He confirmed a few weeks ago that the new rules do not limit the possibility of filing civil suits for compensation, regardless of the nationality or origin of the plaintiff.
The Ministry of Diplomacy argued that the possibility of appealing the decisions of public authorities could not be unlimited in time. According to the Ministry of Foreign Affairs, “the introduction of time limits (…) will also eliminate the abuses and irregularities that occurred, to a large extent, in the re-privatization processes.” The Polish authorities also claim that the amendment to the CAP satisfies the ruling Constitutional Court From 2015. At that time, the court questioned the lack of time limits for annulment of an administrative decision issued without any legal basis or with flagrant violation of the law.
The proposed changes were responded to by, inter alia, the Israeli side. The Israeli embassy said in a statement that the amendment would “make it impossible to return Jewish property or to claim compensation.”
“This immoral law will seriously affect the relations between our two countries. We are serious about trying to prevent the return of the rightful owners of property looted by the Nazis and their collaborators in Europe from the Jews. Poland knows what is the right step in this matter” – it was written.
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