Ustawa z dnia 23 lutego 1991 roku o uznaniu za nieważne orzeczeń wydanych wobec osób represjonowanych za działalność na rzecz niepodległego bytu Państwa Polskiego jako sposób na rehabilitację osób represjonowanych
The 1991 Act on Declaring Null and Void the Judgments against Persons Repressed for Independence Activities as a Means of Rehabilitation

Summary/Abstract: This article analyses the Act of 23 February 1991 on declaring void judgments issued against persons repressed for their activities on behalf of the independent existence of the Polish State as part of the process of settling accounts with the past political system after 1989. Poland’s systemic transformation maintained legal continuity, which placed responsibility on the state to redress the wrongs inflicted upon citizens by the Stalinist apparatus of oppression. Existing procedures, such as the resumption of proceedings, proved insufficient as they were limited to cases where the law of that time had been violated. Consequently, there was a need to create a new, general legal act that would introduce the institution of voiding judgments. The main objective of this work is to analyse the assumptions, mechanisms, and legal effects of the February Act as a tool for the rehabilitation of repressed individuals. The article aims to answer questions about how the act resolved legislative dilemmas, such as the choice between substantive review and ex tunc nullification of judgments, and between automatic ex lege nullification and entrusting this competence to the courts. Additionally, the article examines the practical aspects of rehabilitation procedures, including compensation and redress. The analysis is based on the dogmatic-legal method, utilising the provisions of the February Act itself, as well as the extensive jurisprudence of the Supreme Court and appellate courts. The work also considers key judgments that were of fundamental importance for establishing the principles for granting compensation and redress. The research method involves the interpretation and systematisation of legal norms, as well as an analysis of their practical application in rehabilitation cases. Due to evidentiary difficulties, the legislator opted for the concept of ex tunc nullification of judgments, meaning that repressive judgments are deemed void from the moment they were issued. The power to declare a judgment void was entrusted to the courts to prevent the automatic nullification of judgments issued against common criminals. The rehabilitation procedure, which includes two stages—nullifying the judgment and awarding compensation or redress—is a distinct type of proceeding. Declaring a judgment void requires proving a link between the repression and activities on behalf of the independent existence of the Polish State, which is the highest form of rehabilitation. Jurisprudence has precisely defined which actions fall under this criterion and which are excluded. Despite initial imperfections, the 1991 Act proved to be a key legal instrument that enabled the settling of accounts with the previous system and provided redress for victims of political repression. It introduced the institution of voiding judgments, which was a more effective means of rehabilitation than previously existing procedures. Although complex, the rehabilitation proceedings created a legal mechanism for restoring dignity and providing redress to individuals who suffered for their struggle for Poland’s sovereignty. The jurisprudence of the courts has significantly shaped the practice of applying the act, clarifying the principles and criteria, which has contributed to fair and full compensation.

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