Ministerstwo Gospodarki > English > Departments > Verification of Lega...

The basic task of the Bureau for Assessment of the Legality of Nationalization Decisions consists in  examination - pursuant to article 156 of the Code of administrative procedure (C.a.p.) - of the legality of decisions  (based on the following regulations: Decree of the Commander of State of 16th December 1918 concerning enforced state management - Journal of Laws No.21, item 67 with subsequent amendments, Law of 25th February 1958 on the regulation of the legal status of property under state management – Journal of Laws No.11, item 37, Law of 3rd January 1946 on the assumption by the State of the ownership of the basic branches of the national economy - Journal of Laws No.17 with subsequent amendments) on the basis of which the State assumed ownership, in the years 1944 - 1962, of various private enterprises and moveable property.

The Bureau also adjudicates  - on the basis of article 160 of the C.a.p. -  compensation applications by eligible parties, pursuant to decisions issued by the Minister of Economy, Labour and Social Policy (or his legal predecessors) - issued on the basis of article 156 of the C.a.p. The relevant administrative proceedings are conducted upon the motion of eligible parties, possessing the right of ownership to specific enterprises or property. Any compensation claims based on article 160 of the C.a.p.  may be pursued  only upon assertion of the illegality (under article 156 of the C.a.p.) - due to a glaring violation of the nationalization regulations - of the nationalization decisions challenged by the eligible parties . This means that parties whose property was nationalized in accordance with the regulations in force may not pursue compensation claims on the basis of article 160 of the C.a.p.

The fore - mentioned  regulatory environment (procedure under articles 156 and 160 of the C.a.p.) may be altered upon adoption by the Sejm of the Republic of Poland of law on restitution and compensation. A draft of the law is currently being prepared at the Ministry of the Treasury.