Legal bulletin 33

News in brief

Senate backs tax accords with U.S., Canada

The Polish senate Thursday backed the ratification of double taxation accords with the U.S. and Canada under which Poles employed in these countries will be only taxed there and not in Poland.

Also spouses of deceased U.S.- and Canadian-employed Poles will be able to collect widowhood and orphanhood benefits in Poland.

The agreement with Canada will also protect against loss of Polish- granted social insurance and welfare benefits in Canada.

According to the Polish labour ministry the agreements will make homecoming easier for U.S.- and Canada-employed Poles.

The Polish-Canadian agreement also relates to old age and disability pensions. It will allow for combining working periods in Poland and Canada, the transfer of allowances to entitled people living in either state and will protect against losing the rights acquired in either state. According to the labour and social affairs ministry the agreement will help Poles living in Canada to make a decision on returning home as they will no longer fear tat they will lose Canadian pensions The ministry estimates some 30,000 Poles living in US will take advantage of the law after it is effective and some 40,000 living in Canada.

Senate backs expansion of Polish-US Fulbright Programme

Ninety two senators supported on Thursday the ratification of the Polish-US agreement on cooperation within the Polish-American Fulbright Commission. None was against and none abstained.

The agreement will give the opportunity to more than so far number of young people, scientists and teachers from Poland and the US to take part in various forms of exchange within the Fulbright Programme.

In July the majority of Sejm MPs authorised the president to ratify of a Polish-American agreement accord that foresees Poland's greater financial contribution to the programme.

The Fulbright Programme has been implemented in Poland since 1959.

Senate on diplomatic passports

The Senate on Thursday enlarged the group of people entitled to diplomatic passports by heads of constitutional institutions and their deputies, central administration heads and provincial assembly speakers.

Eighty six senators were for, 4 voted against and 2 abstained.

In line with the July 25 law entitled to diplomatic passports are, apart from the president, speakers of the Sejm and Senate, the PM, ministers and deputy ministers MPs and MEPs also presidents and judges of the Constitutional Tribunal, the Supreme Court and president and deputy presidents of the Supreme Administrative Court NSA.

Under the amendment disabled who turned 13 and are unable to sign passports on their own will be released from the duty. Passports for up to 5-year-old kids will be valid 12 months.

Review

The drafts of the press law

The culture and national heritage ministry plans to hold a debate on planned changes to the press law in September 15. Invited to the debate will be representatives of journalists’ circles and academics, the ministry’s press office has told PAP.

So far the culture and national heritage ministry received three draft amendments to the press law from the Polish Journalists’ Association (SDP), the Press Publishers’ Chamber (IWP) and the Law and Justice (PiS) parliamentary caucus.

SDP and IWP draft amendments include new definitions of press which include the Internet. Besides, all three drafts refer to solutions regulating the institution of a reply.

The novelty in the SDP draft is a proposal to separate journalists to three categories, namely professional journalists, licensed journalists and media workers (people in editorial offices writing press reports).

The latter group is, in line with the draft, made up of people who collect and draft simple press reports additionally dealing with administrative, technical or organisational tasks including trainees or people applying for the title of a licensed or professional journalist. . The title of a licensed journalist would be granted to a person with the B.A. who deals with writes or edits reports. The title of a Professional journalist would be given to people with B.A. and at least four-year documented press work of creative nature.

Only a Professional journalists with Polish citizenship would be entitled to the function of editor-in-chief.

All drafts maintained the authorization with the SDP draft making it more specific saying that a journalist cannot demand it in the time sorter than one editorial cycle and in case of TV, radio or the Internet – no shorter than in 4 hours.

Besides, apart from correction and reply the SDP introduces new forms, namely denial to which public officials would be entitled, the explanation from an editorial office and self-correction.

IWP designed from correction leasing only a matter-of-fact reply.

Broadened is also the article on up to three-year prison term for people extorting the journalists to publish or not publish a press report or to launch or stop press intervention. According to IWP such penalty should be meted out to people using violence or illegal threats vis-a-vis people divulging journalists’ information.

The PiS draft also envisages the liquidation of the correction which should be replaced by, more broadly than now understood, right to a reply. According to the draft it should refer to facts and evaluations included in the press material. The editorial office would have to publish the reply even as long as the material to which it refers or even longer if it “did not involve excessive difficulties or costs.”

Government proposes new model of legal training for judges

A judge will be a person after legal training or division official’s or judge assistant’s training as well as leaving other legal professions, decided the government replacing the institution of associate judge termed unconstitutional by the Constitutional Tribunal.

The draft regulation are modelled on regulations binding in a number of European states where associate judges are replaced with a traineeship for the assistant judge. The draft envisages the establishment of a single National Judiciary and Prosecutor’s School which will replace to-date National Training Centre of Common Courts and Prosecutor’s Offices’ Staff. The new institution main task will focus on professional upgrading of skills of judiciary staff and running legal training, namely a general one, for judges and for prosecutors. The school will also be responsible for analysis and research which will serve to determine powers and skills of court and prosecutor’s offices’ employees.

The general 12 months traineeship for M.A. in Law will prepare them to posts of division officials, judges’ assistants or prosecutors. Training will include theory and practice.  

Legal training for judges will last 54 months of which 30 months will be run at the National School and practices that will be followed by an exam for a judge. 24 months will be devoted to work as division official or judge’s assistant.

Legal training for prosecutors will last 30 months to end with an exam. Legal trainings will be supervised by the justice minister.