Legal and Litigation Department
|Telephone||/+48 22/ 695 87 40, 695 84 41|
- The tasks of the department comprise:
- exercising, on behalf and in the scope of activities of the Minister and the Ministry, legal representation before common plea courts, the Supreme Court and administrative courts as well as other adjudicating bodies, on request and in cooperation with competent organisational units of the Ministry, including:
a) issuing opinions concerning the requests for institution of legal proceedings,
b) issuing opinions based on the assessment of the legal status prior to institution of legal proceedings and in the course of proceedings, concerning the legitimacy of concluding the settlement agreement by the State Treasury, due to the State Treasury interest supporting such decision,
c) preparation of pleadings,
d) preparation of the Minister’s powers of attorney ad litem and keeping of their register,
e) preparation of information for organisational units competent in content-related terms concerning results of conducted judicial proceedings and reasons of issued settlements,
f) performing activities associated with the acquisition of the enforcement title,
g) representation of the State Treasury and the Ministry before courts and other adjudicating bodies,
whereas the legal representation does not refer to cases where the legal representation is executed by the State Treasury Solicitors’ Office;
- conducting enforcement proceedings in the scope of State Treasury receivables based on the application of the competent organisational unit, following the confirmation of the status of the receivables by the Department of Budget and Finance.
- The Department’s responsibilities comprise execution of tasks arising from the competence of the Minister defined in the Act of 8 July 2005 on the State Treasury Solicitors’ Office (Journal of Laws of 2013, item 1150, as amended). in relation to the State Treasury Solicitors’ Office.
- The Department’s tasks include current cooperation with the State Treasury Solicitors’ Office in the scope of issuing of legal opinions.
- The Department conducts administrative proceedings in matters relating to the implementation of the Act of 8 July 2005 on the use of the right to compensation for property left outside the present borders of the Republic of Poland and the Act of 12 December 2013 amending the Act on the use of the right to compensation for property left outside the present borders of the Republic of Poland, except for the matters relating to the compensation payments, in particular the department:
- examines appeals against the decision of governors and complaints on the decisions issued by them submitted by applicants for use of the right to compensation;
- examines other matters related to the implementation of the right to compensation, in which the Minister of the Treasury acts as a higher body;
- examines and deals with complaints and requests.
- The Department draws up and issues opinions on draft regulations relating to claims for property left outside the present borders of the Republic of Poland, with the exception of matters relating to compensation payments.
- The Department prepares opinions regarding the legitimacy of claims for compensation, with the exception of matters relating to compensation payments.
- The Department prepares draft responses to MPs' and Senators interpolations and questions and appearances of natural and legal persons in the field of the Bug River claims, with the exception of matters relating to compensation payments.
- The Department coordinates answering the matters specified in the Act of 6 September 2001 and Access to Public Information (Journal of Laws of 2015, item 2058 and of 2016, item 34) and the Act of 25 February 2016 on the re-use of public sector information (Journal of Laws of 2016, item 352) in accordance with the principles set out in a separate decree, in particular, keeps the record of requests, comments on draft responses to the requests and draft administrative decisions, determines organizational units competent for examining and monitoring the timeliness of processing applications.