Newsletter 9-16 January 2018
The rpo.gov.pl portal has a new function
From now on, it will be easier to share the content of the website of the Commissioner for Human Rights. Each text contains a box which, when you click on it, will propose inclusion of a link to the text in your social media page. We want information about the CHR’s activities to reach all those interested.
MAIN MATTERS
One million Poles are still members of an apartment saving scheme that existed under the former political system but under which the money has never been paid to them
The Commissioner for Human Rights proposed to the government to broaden the catalogue of types of expenditure for which money from the apartment saving scheme may be used. The press conference at which Adam Bodnar presented the postulate was attended by representatives of the Association of the apartment saving scheme members from Kraków, Warsaw, Bydgoszcz, Łódź and Chorzów.
Details, infographics for general use and the full text of the CHR’s speech
Counteracting mobbing in uniformed services
Mobbing and harassment in uniformed services are problems that receive increasing attention of the media. In cooperation with the heads of all uniformed services, the Commissioner has prepared a publication containing regulations, guidelines, good practices and source materials that may be of assistance in the development of effective anti-discrimination policies. [The CHR’s publication: Counteracting mobbing and discrimination in uniformed services: analysis and recommendations].
The CHR informs the Chairman of the National Broadcasting Council: there are legal possibilities, including constitutional regulations, making it possible to change the decision imposing a cash penalty on TVN 24 station
The National Broadcasting Council imposed a cash penalty of PLN 1.5 million on the TVN24 station for misrepresentation in of the protests in front of the Sejm building on 16 December, 2016. The station disagreed with the decision and claimed that it was based on erroneous premises. The CHR reminded that the Chairman of the National Broadcasting Council had legal grounds to independently annul the Council’s decision. Finally, the decision was annulled [more].
THE COMMISSIONER ON CITIZENS’ ISSUES
Due to the lack of reaction on the side of the Ministry of Justice, Commissioner Adam Bodnar wrote a letter to Prime Minister Mateusz Morawiecki regarding the possibility to contact a lawyer by detained persons [more].
The Commissioner’s intervention concerning detained persons’ right to enter into marriage [more].
The CHR: a person older than 35 may be considered a young scientist. The Commissioner wrote a letter to the Minister of Science and Higher Education regarding the parliamentary act on the principles of funding scientific projects [more].
The Minister of Health’s reply regarding upper limits of working hours of medical personnel. The Minister explained that at present, there are no possibilities to phase out the flexible systems of work of physicians [more].
Mrs Katarzyna is not required to pay tax together with interest: an effective intervention by the CHR [more].
The CHR inquired the Minister of Sport about the possibility of concluding labour law-based employment contracts with professional football players. The ministry is looking into the matter [more].
Starting from 1 January 2018, tax on remitted rent-related debts is not due
In 2016, the media reported that nearly 30,000 Warsaw residents will have to pay tax on rent-related debts remitted by the city authorities. The issue concerned unpaid rents for municipal flats. Starting from 1 January 2018, a relevant parliamentary act does not require any tax on remitted rent-related debts [more].
The Supreme Audit Office identified the main problems of youth care centres
The situation in such facilities is constantly monitored by the Commissioner for Human Rights. Experts of the National Mechanism for the Prevention of Torture cooperated and shared knowledge with the Supreme Audit Office in the development of its report on the issue, in order to have the problem described as precisely as possible [more].
Why are child maintenance debts recovered with low effectiveness ? The CHR and the Ombudsman for Children have written a letter to the Supreme Audit Office with regard to the results of an ad hoc inspection in one of the country’s voivodeships [more].
LEGISLATION
The Supreme Administrative Court dismissed the complaints of four persons refused to be appointed as judges by the President of Poland. The appointment of judges is not subject to review based on administrative law provisions, adjudicated the Supreme Administrative Court [more].
The Ministry of Justice has replied to an intervention of the CHR and the Ombudsman for Children, regarding foreign adoptions. In the Ministry’s opinion, the problems arising in the judicial practice of family courts result not so much from imprecise provisions but rather from the failure to take into account specific circumstances of a given case [more].
The Supreme Administrative Court agreed with the opinion of the Commissioner for Human Rights that a foreigner who has been a victim of violence, and is therefore covered by subsidiary protection, has the right to receive family benefits despite the fact that her husband, the perpetrator of violence, no longer stays in Poland [more].
The Supreme Court on the issue of compensation for person’s groundless placement in a shelter facility for minors
The issue related to the case of a person’s groundless placement in such a facility. Answer was sought to the question whether in such a case it is necessary to relate to commonly binding civil law regulations on the state authorities’ liability for groundless acts, and to prove that the young person in question suffered damage, or whether, per analogiam, the provisions of the Code of Criminal Procedure should be referred to, concerning, for example, compensation for ungrounded temporary detention [more].
Is professional confidentiality of tax advisors, solicitors and attorneys going to be limited? The Ministry of Finance has responded to the Commissioner’s inquiry [more].
Opinion of the Minister of Justice on the inquiry regarding the abuse of the procedure of electronic proceedings by writ of-payment in claiming outstanding amounts from consumers [more].
An expression of support for an application to hold a local referendum has to contain full data of the supporting citizen: a judgment of the Supreme Administrative Court [more].
ECHR: video surveillance of cash desk employees in a supermarket, of which the employees were not aware, constituted a violation of their privacy [more].
THE CHRONICLE
Professor Jerzy Ciemniewski has passed away [more].
The Commissioner for Human Rights has opened a new citizen assistance office in Poznań. The city residents may now come and present their problems to the CHR’s staff, instead of sending applications for assistance to the head office in Warsaw [more].
During the 9th meeting of the Team on Child Maintenance, the experts discussed the amendment to Article 209 of the Criminal Code (crime of failure to pay child maintenance) that entered into force on 31 May 2017: has it improved the effectiveness of alimony debts recovery, and helped to change the society’s attitudes? [more].
The third meeting of the Expert Committee on the National Mechanism for the Prevention of Torture [more].
Adam Bodnar has visited pupils of one of Warsaw’s primary schools [more].
Important!
The website rpo.gov.pl contains a calendar of the upcoming meetings with the Commissioner for Human Rights and of events held under his patronage.
Information about the Commissioner’s work on cases relating to citizens’ issues is available under the “What we do” tab. An interactive map indicates cases in which the Commissioner has intervened.