The governmental stage of legislative work on the implementation of the EU – Directive 2022/2041 on an adequate minimum wage in the European Union should be finalized soon. That means that the minimum wage in Poland will be established through many criteria and not more on political decisions taken in the form of an ordinance of the Council of Ministers. Referring to the criteria, the bill refers to the necessity of the purchasing power of statutory minimum wages, taking into account the cost of living, the general level of wages, their growth rate and their distribution, long – term national productivity levels and trends. In the light of the new bill, the minimum wage shall be deemed a basic pay and any bonus payments and further extras shall be regarded as surplus. The directive has to be transposed into Polish law by 15.11.2024 and these rules should come into force on that same date.
According to a new bill processed before the Polish Parliament any entries onto the Central Register and Information on Economic Activities (CEIDG) can be applied for only online in the future. The Ministry of Development and Technology argues that the need for implementation of this measure is justified by the increasing digitalization of public services. Already in 2023 the majority of entrepreneurs have decided to file applications for changes to entries (73%) and applications for opening business activities by electronic means. However, new regulations shall be introduced gradually and persons not equipped with digital technology shall receive backup from the Help Centre for Entrepreneurs.
As from 14.03.2024 a new law amending the Criminal Code and other acts dated July 2022 was brought into effect determining the rules of seizures of vehicles (including cars) for driving under the influence of alcohol. Article 44b of the Criminal Code states that the decision on the confiscation of a vehicle of a perpetrator will be issued by an appropriate court and this decision is binding if the perpetrator caused a crash, direct danger or a car accident and the alcohol concentration in the blood increased 1 permille (‰), was driving a vehicle being intoxicated and the blood alcohol level increased 1.5 (‰), was driving a vehicle being intoxicated (and the blood alcohol level increased 0.5 (‰) within the period of the driving ban being in force or when the perpetrator was convicted for driving a vehicle in a state of intoxication. In the event of committing a crime for which the decision on the confiscation of a vehicle is mandatory the police may seize the vehicle temporarily, however, not longer than 7 days. Within this time limit the public prosecutor shall conclude whether the vehicle shall be impounded and if not, the seizure will be reversed and the vehicle returned to its owner.
From 26.03.2024 statutory provisions of the new act on some medical professions will enter into force regulating 15 medical professions that have not been subject to legal scrutiny so far. This act shall among other things apply to the following occupations: dental assistance, radiation therapist, dental hygienist, addiction treatment specialist, medical assistant, hearing care professional and pharm technician. The following criteria shall be especially met to practice these occupations: legal capacity, clearance certificate, full eligibility to exercise public rights, command of Polish language in speech and writing and appropriate education obtained in Poland or abroad.
In March 2024 further amendments to the Civil Code Proceedings were put in place to facilitate and speed up the course of civil proceedings. This concerns in particular the deliveries of pleadings by electronic means through an information portal, conducting court hearings remotely and the possibility of taking evidence in remote mode. In accordance with the new regulation (article 1311a of the Civil Code Proceedings) if a document cannot be delivered through an IT system then the court shall deliver the document to an attorney at law, patent attorney, public prosecutor etc. by placing the document on an information portal enabling the addressee to confirm receipt. However, this procedure does not apply to deliveries if documents shall be served along with authenticated copies of the parties involved, unless such copies are available at the court. During a remote hearing a judge presiding over the case and the court reporter must be present in the court room. Any other persons taking part in the hearing can attend remotely. The decision on a remote hearing is taken by the court’s own consideration or on the application of the parties to the court case in question. The application for conducting a hearing remotely shall be filed within 7 (seven) days from receiving notification about the hearing. The remote hearings will be rather not possible within divorce cases and cases when direct examination of witnesses will be required in order to establish witness credibility and truthfulness.
In March a new act on the change of the scope of applicability of the Treaty on Conventional Armed Forces in Europe (CFE) became effective. The CFE Treaty established an agreement aimed at reducing the possibility for major offensive operations in Europe through the reduction of troops and armaments in Central Europe. The new act shall empower the President of Poland to suspend the applicability of CFE. It is pointed out that in the light of aggressive activities of the Russian Federation aimed at the destabilization of peace and security in Europe, including full-scale aggression against Ukraine and due to the termination of CFE by the the Russian Federation with effect from 07.11.2023, NATO members unanimously made a declaration about their intention of suspension of the CFE. The suspension of the applicability of CFE will be contemplated for an indefinite period of time is important for reasons of security, defense and the foreign policy of Poland.
Last but not least a new amendment to the Postal Law Act was introduced in March 2024 according to which the Polish Post (“Polska Poczta S. A.) shall receive a preliminary payment enabling it to provide public aid if the European Commission will adopt a positive decision in this respect, otherwise, the funds will be returned to the Treasury.
