The start of procedural deadlines correlated with the gradual return to work in the courts buildings of both judges and other employees. As a result, from around the week onwards, there is a tendency to set deadlines for hearings and meetings to be held in the near future. However, there are still restrictions on hygiene and safety in court buildings.
With another amendment Act dated 2 March 2020 specific prevention, prevention and eradication solutions COVID-19, other infectious diseases and their emergency situations, Journal of Laws of 2020, item 568 (hereinafter ‘the Act’), introduced by the entry into force Act dated 14 May 2020 amending certain laws on shielding activities in connection with the spread of the virus SARS-CoV-2, (the provisions relating to the functioning of the judiciary have changed further as ‘Newisation’. In this respect, the issue of procedural and substantive deadlines is of particular importance.
As procedural deadlines begin to run, implementation may be problematic. Security rules for the reception of interested persons, which are unfortunately the cause of long queues and consequently the limited possibility to send correspondence, continue to apply in Polish post offices.
Time limits suspended from 31 March 2020
By amending the Act which entered into force on 31 March 2020, according to Article 15zzr and Article 15zzs the same, the running of both the substantive and procedural terms indicated in the abovementioned regulations has been suspended.
Consequently, the procedural time limits indicated which ran on the date of entry into force of the Act i.e. on 31 March 2020 – has been affected since 31 March 2020 Suspension. On the other hand, those that would start their course after that date will not start this run until the outbreak or epidemic threat has been cancelled.
On the other hand, Parties by amendment Act dated 31 March 2020 the limitation of the criminality of the act and the limitation of the enforcement of the penalty in criminal matters, offences and fiscal misdemeanour and in criminal matters.
Restoration of procedural and substantive deadlines
By Article 68 Amendments, material terms referred to under Article 15zzr(1) The laws and procedural deadlines in question under Article 15zzs Acts whose course has not begun or been suspended on 31 March 2020, start running after the end 7 days from the date of entry into force of the Amending.
The amendment except for the exceptions indicated in its content) entered into force on the day following the date of publication of the amendment, with the exception of the provisions indicated in the text Act dated 14 May 2020 The amendment was announced in the Journal of Laws on 15 May 2020, Therefore, most of its provisions, including Article 68 entered into force 16 May 2020 From that point on, i.e.
from 16 May 2020, the seven-day period from which the procedural and material terms indicated in the Act will begin to run under Article 15zzr and Article 15zzs. Consequently, procedural and material terms will begin to run on the day 23 May 2020
In addition, as from the date of entry into force of the Amendment, i.e. 16 May 2020, the limitation period for criminal offences and for the limitation of the enforcement of criminal offences, offences and fiscal misdemeanour and in criminal matters.
Finally, it is worth noting that the defrosting of the judiciary is accompanied by protective measures, as the pandemic continues to reap its toll. The hearings and meetings to be held in the court building shall be admissible in cases where their conduct does not pose an excessive risk to the health of the persons involved, with a safe distance between their participants and with additional protections in the form of masks and available hand disinfection measures.
It should be borne in mind that implementation of procedural deadlines may be problematic. Security rules for the reception of interested persons, which are unfortunately the cause of long queues and consequently the limited possibility to send correspondence, continue to apply in Polish post offices.
source: www.gov.pl/web/justice/safe-restore-normal-work-sadow-shield-anti-crisis-30-He's starting to commit.
Author: Hanna Żołnierkiewicz
Lawyer in the Legal Department. From 2017 associated with Russell Bedford Dmowski & Partners Law Firm Sp.k. He has experience in legal services to entrepreneurs in terms of merger, division and transformation of companies, bankruptcy, restructuring and capital market law. He conducts the day-to-day handling of commercial law companies, including drafting corporate documentation, both in Polish and English. He also represents clients before the general courts in economic and civil law cases.