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Director: Marcin Moryń
Deputy Director: Beata Chłodzińska
Deputy Director: Krzysztof Majewski

phone: /+48 22/ 695-87-40
fax: /+48 22/ 628-39-98
e-mail: dp@msp.gov.pl

The tasks of the Legal and Litigation Department include:

1. legal representation of the Ministry’s Senior Executives and the Ministry, on rules specified in the Organisational Rules of the Ministry of Treasury, including:
   
   a) legal and editorial assessment of draft normative acts or draft bills prepared by appropriate organisational units or by public administration bodies, submitted for consultation as draft governmental documents;
   
   b) elaborating draft government positions on drafts of normative acts on the basis of comments submitted by relevant organisational units;
   
   c) submitting draft normative acts prepared at the Ministry for review by the Legal Commission or applying for exemption of a project from the duty to be reviewed by the Legal Commission;
   
   d) coordinating cooperation with the Governmental Legislation Centre and the Legislative Council by the Prime Minister in scope of reviewing and agreeing on legal acts and draft assumptions of bills, submitted by the Minister for review by the Standing Committee of the Council of Ministers and the Council of Ministers;
   
   e) issuing opinions on draft internal legal acts;
   
   f) issuing opinions on compliance with applicable law of projects within the powers of the Minister (in scope not restricted in the rules to other organisational units or legal counsels employed at organisational units);
   
   g) consultations with other government administration bodies regarding the adoption of official interpretations of laws and issuing binding interpretations of legal acts within the scope of the Minister’s competences;
   
   h) informing (in the form of messages) members of the Ministry’s Senior Executives and heads of organisational units of changes of applicable law, relevant to the execution of the Minister’s powers;
   
   i) distributing at the Ministry legal opinions issued by the Department, relevant from the point of view of execution of the Minister’s powers;
2. legal representation of the Minister and the Ministry before common courts, the Supreme Court, administrative courts and other adjudicating bodies, following the request and in cooperation with competent organisational units of the Ministry, including:
   
   a) issuing opinions regarding motions for instituting legal procedures;
   
   b) issuing opinions on the basis of evaluation of the legal status prior to and during judicial proceedings, as regards the grounds for entering into a settlement, if justified by the interest of the Treasury;
   
   c) preparing procedural writs;
   
   d) preparing powers of attorney for the Minister and keeping register thereof;
   
   e) providing relevant organisational units of the Ministry of Treasury with information on the results of pending litigation and the reasons for particular adjudications;
   
   f) performing activities associated with obtaining the issuance of writs of enforcement;
   
   g) acquiring information on pending judicial proceedings carried out by the Regional Offices of the Ministry of Treasury;
   
   h) a) representing the Treasury and the Ministry of Treasury before courts, the Supreme Court, administrative courts and other adjudicating bodies (however legal representation does not apply to cases in which it is performed by the State Treasury Solicitors’ Office).

The Department’s tasks include implementation of tasks arising out of the Minister’s powers, specified in the Act of 8 July 2005 on the State Treasury Solicitors’ Office (Journal of Laws No. 169, item 1417, as amended) in relation to the State Treasury Solicitors’ Office, as well as ongoing cooperation with respect to issuing legal opinions.

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