enforcement of claims
It used to be accepted that the sovereign is infallible, and questioning the correctness of the sovereign’s decisions was bound to end badly. Today, fortunately for the people, there are instruments for holding the authorities liable for their wrongful acts and omissions.
It is theoretically possible to pursue damages from the State Treasury for injury caused by violation of EU law, such as non-implementation of directives. But procedural difficulties discourage most litigants from taking this path.
The real estate development business relies on decisions issued by administrative authorities for architectural and construction matters. The development process follows a number of successive phases, and only after positive completion of one phase can the process move on to the next phase.
The liability of public authorities for unlawful acts or omissions also extends to delay in the functioning of the courts, infringing the individual’s right to have his case heard without undue delay. A finding of excessive length of proceedings enables a party to pursue redress of the resulting loss through the courts.
New rules on heirs’ liability for decedents’ debts are the most significant changes in the set of amendments to the Civil Code and the Civil Procedure Code, among other acts, effective 18 October 2015.
Work is underway in the Parliament on a government bill to amend the Civil Code and the Civil Procedure Code in a way that would significantly modify the rules for heirs’ liability for debts inherited from the decedent. The first reading of the bill has already been held and it is expected to be approved by the Sejm soon.