September 28, 2021

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W Dzienniku Ustaw opublikowano w poniedziałek ustawę z 11 sierpnia o zmianie ustawy – Kodeks postępowania administracyjnego. Ustawa zmienia przepisy nakazujące uznawanie decyzji administracyjnej za nieważną z powodu "rażącego naruszenia prawa" - bez względu na fakt, jak dawno ją wydano.

The law amending the Administrative Procedures Law has been published in the Journal of Laws

On Monday, the August 11 law on amending the law – the Administrative Procedure Code was published in the Journal of Laws. The law amends the provisions requiring the nullification of an administrative decision due to a “grave violation of the law” – regardless of how long it was issued.

An amendment to the Administrative Code was adopted in June. The Polish Foreign Ministry explained that the amendment was based on “the need to ensure citizens’ confidence in the state and implement the principle of legal certainty.” “The Ministry stressed that the possibility of appealing the decisions of public authorities cannot be unlimited in time.

The amendment provides that such a decision will not be rescinded because, for example, it was issued in gross violation of the law, if 10 years have elapsed from the date of its delivery or publication, as well as when the decision has irreversible legal effects. . However, in such a situation, it can be concluded that the decision was made in violation of the law. On the other hand, if 30 years have elapsed from the date of delivery or publication of the decision, no actions will be initiated to rescind the decision at all.

Moreover, according to the amendment, the new wording will apply to administrative matters that were not completed before the effective date of the amendment. With Conversely, actions that started 30 years after the date of delivery or the announcement of the decision and were not completed before the date on which the law entered into force will be suspended by law.

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The amendment of the Administrative Procedures Law came as a result of the necessity to amend the law with the ruling of the Constitutional Court six years ago. In May 2015, the court ruled that the text of the law in its current form – which makes it possible to declare the invalidity of a decision made in serious violation of the law, even several decades after that decision – is unconstitutional.

President Andrzej Duda signed the amendment act on Saturday 14 August.

On Saturday, in response to President Duda’s signature on the amendment to the KPA Law, Israeli Foreign Minister Jair Lapid announced that Poland “has agreed – not for the first time – to an immoral and anti-Semitic law”. Lapid announced that he had instructed the charge d’affaires in Warsaw to return to Israel, and that the new Israeli ambassador to Poland, who was scheduled to leave for Warsaw, would remain in Israel. According to Reuters, Lapid suggested to the Polish ambassador to Israel that he extend his leave and not return to his homeland.

“In response to the recent unjustified actions of the State of Israel, including the unjustified decision to reduce the level of diplomatic relations with the Republic of Poland, as well as the unacceptable statements of the Israeli Minister of Foreign Affairs and other members of the local government and The Ministry of Foreign Affairs has informed that the Polish ambassador to Israel will remain in the country until further notice– We read the statement of the Ministry of Foreign Affairs.

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The Ministry was informed that a decision on the permanent level of Polish diplomatic representation in Israel will be taken in the following days.

“Furthermore, taking into account the principle of consistency in bilateral relations, the Ministry of Foreign Affairs has suspended the departure of the already appointed Deputy Ambassador to Israel, scheduled for this week. Another employee of this position will be appointed temporarily to head the Embassy of the Republic of Poland,” the Polish Ministry of Foreign Affairs confirmed in a press release. in Tel Aviv.

The head of Israeli diplomacy, Jair Lapid, tweeted Sunday evening that “the negative impact on our relations began in 2018 when Poland has decided to start passing laws aimed at harming the memory of the Holocaust and the Jewish people“.

“Gone are the days when the Poles harmed the Jews without consequences. Today, the Jews have their proud and powerful country. We are not afraid of anti-Semitic threats and do not intend to condone the shameful behavior of the Polish opponent – a democratic government.”

Prime Minister Mateusz Morawiecki said on Sunday that the decision to downgrade the diplomatic rank is baseless and irresponsible, and that the words of Jair Lapid, Foreign Minister and Alternative Prime Minister, displease every honest person.

As the head of the Polish government added, “No one who knows the truth of the Holocaust and the suffering of Poland during the Second World War can agree to such a way of conducting politics.” The Prime Minister warned that “the exploitation of this tragedy for the needs of the interests of the parties is shameful and irresponsible. If the Israeli government continues to attack Poland in this way, it will have a very negative impact on our relations – both bilaterally and internationally” – Morawiecki.

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On Sunday, the Polish Prime Minister announced that he had taken a decision on the “safe transfer of the children of the Polish ambassador to Israel to Poland.” The family of Ambassador Marek Magirowski will travel to Poland on a tourist plane.
The Polish Foreign Ministry announced its activities on Saturday. On Saturday, the Foreign Ministry announced that “the steps taken by Israel seriously harm our relations. The Polish government will take appropriate political and diplomatic measures, taking into account the principle of consistency in bilateral relations.”