European arrest warrant and determining whether rule of law is observed
On 28 June 2018 the advocate general at the European Court of Justice issued an opinion regarding a request for a preliminary ruling from an Irish court on whether the judicial authority executing a European arrest warrant against a citizen of a different EU member state is required to postpone execution of the warrant in order to determine whether there is a real risk of breach of the right to a fair trial in the issuing state due to deficiencies in the system of justice of the issuing state.
Major changes to rules on statutory time limits on claims
On 9 July an amendment to the Civil Code will come into force concerning the statute of limitations. The general time limit after which claims will expire will be reduced to 6 years, while in most cases expiry will take effect from the last day of the calendar year. The rules applicable to expiry of claims of businesses against consumers will also change significantly.
Can withdrawals be made from a bank account seized as security?
In disputes under civil law, a party which raises claims can seek injunctive relief from a court prior to commencement of or during proceedings. Injunctive relief is granted for the duration of the proceedings, which means until a final and binding judgment is issued in the case, and can take various forms (for example seizure of receivables on a bank account). If a court grants injunctive relief, then even if the lawsuit is dismissed after several years of proceedings and the injunctive relief ceases to exist, the business might already have gone bankrupt. A motion for permission from the court for specific withdrawals from a seized account could be an important legal remedy for a business whose bank account has been seized.
“Business beware”: Proposed new Act on Criminal Liability of Collective Entities
The proposal for a new Act on Criminal Liability of Collective Entities published on 28 May 2018 on the Government Legislation Centre website indicates a sea change in the approach to corporate criminal responsibility in Poland. The aim is to achieve more effective punishment of commercial and fiscal offences committed through corporate entities. This is apparent in the wide range of sanctions that could be imposed on collective entities.
The EU plans to protect whistleblowers
On 17 April 2018 the European Commission announced a proposed directive protecting whistleblowers. The aim is to establish minimum standards for protection of persons uncovering irregularities or violations of EU law, and to unify the law of the member states in this area.
Is it possible to effectively limit the risk of criminal liability for work accidents?
An accident on the job generates a range of legal consequences. One of the most serious is the potential for the individual at the employer responsible for occupational health and safety to be held criminally liable.
Searching premises during criminal proceedings
During criminal proceedings there is a risk that a search will be conducted. Who can search premises and on what basis? Who can be present during the search? At what time of day can a search be held? What happens with items discovered in the search? And is there any appeal against the conduct of a search?
Legal professional privilege in Poland
Client confidentiality is an inherent element and fundamental duty in the legal profession. It is the cornerstone of the relationship legal professionals build with their clients. It also a guarantee of protection of the rights of the parties in judicial proceedings, including the right to a fair trial. But what is legal professional privilege? Can anything limit it? And is it losing strength in today’s reality?
Private enforcement under the GDPR
While the new data protection regulation provides for severe administrative penalties for failure to comply, it is well known that whether a penalty is effective is determined not by its severity but by its inevitability. Even though the personal data protection authority has been given broad powers, it does not have adequate means of exercising them. A solution could be a private enforcement mechanism within the regulation, whereby any person whose data has been breached can independently seek a judicial remedy.
Catch for newly appointed management board members?
A gap in legal provisions might mean criminal liability for management board members for not filing financial statements on time.
Important amendments to the Waste Act
Work has begun on the government’s side on a bill amending the Waste Act and certain other acts. The provisions are a reaction to disturbing reports of waste entering Poland illegally and landfill fires which are hazardous, reported by the media in recent weeks.
Broader powers of the Environmental Protection Inspectorate
On 7 June 2018 the Government Legislation Centre published a proposal for amendment of the Environmental Protection Inspectorate Act and certain other acts on its website. Under the proposal, the Environmental Protection Inspectorate’s powers would be substantially broadened and administrative fines provided for in environmental laws increased.
