One of the Senate’s amendments was adopted to the amendment to the Code of Administrative Procedure regarding the validity of administrative proceedings. The law was criticized by the head of the Israeli diplomacy, Jair Lapid, as well as by the US Secretary of State Antony Blinken.
On Wednesday, the Sejm adopted one of the Senate’s amendments to the famous amendment to the Code of Administrative Procedure regarding the possibility of questioning the validity of administrative decisions related to, inter alia, re-privatization. The act will now be signed by the president.
Head of Israeli diplomacy on the amendment of the CPA
– I condemn the law of the Polish parliament adopted today, which strikes the memory of the Holocaust and the rights of its victims – stated Israel’s Minister of Foreign Affairs Jair Lapid. He also announced that “Israel will not compromise even on a comma when it comes to remembering the Holocaust.”
– I will continue to oppose any attempt to rewrite history and promote compromises and concessions at the expense of the Holocaust of the Jewish people and the rights of Holocaust victims. Poland knows what needs to be done and repeal the law – said Lapid.
I will continue to oppose any attempt to rewrite history and promote compromises and concessions at the expense of the Holocaust of the Jewish people and the rights of Holocaust victims. Poland knows what needs to be done and repeal the law
The US Secretary of State expresses concern over the Code of Administrative Procedure
“We are deeply concerned that the Polish parliament has today adopted a law that drastically restricts the process of applying for the restitution of property unjustly confiscated during the communist period in Poland,” wrote US foreign minister Antony Blinken in a statement, calling on President Andrzej Duda to veto the law or refer him to the Constitutional Tribunal .
As the head of US diplomacy stated, Poland needs a comprehensive law that would ensure justice for the victims. He added that as long as this does not happen, the way of pursuing claims in administrative proceedings should not be closed. In this way, he referred to the provisions of the act, which made it impossible to appeal against the decision on the seizure of property by administrative means 30 years after its issuance.
Amendment to the Code of Administrative Procedure
The amendment to the Code of Administrative Procedure, passed in June by the Sejm, changes the provisions requiring that an administrative decision should be considered invalid due to “gross violation of the law” – regardless of how long it was issued. The provisions of the amendment mean, inter alia, that after 30 years from the issuance of the administrative decision, it will be impossible to initiate proceedings to challenge it, e.g. in the case of property seized years ago.
The adopted amendment expands the catalog of reasons, the occurrence of which excludes the possibility of annulment of the decision, to situations in which the decision was unenforceable on the date of its issuance and its unenforceability is permanent, and when the execution of the decision would result in an act punishable by a penalty.
Main photo source: PAP / Wojciech Olkuśnik