Commission for the Reprivatization of Warsaw Real Estate as an Extraordinary Authority for the Supervision of Local Government Administration Cover Image

Komisja do spraw reprywatyzacji nieruchomości warszawskich jako nadzwyczajny organ nadzoru nad administracją samorządową
Commission for the Reprivatization of Warsaw Real Estate as an Extraordinary Authority for the Supervision of Local Government Administration

Author(s): Krzysztof Kukuryk
Subject(s): Law, Constitution, Jurisprudence, International Law, Economic policy, Government/Political systems
Published by: Wyższa Szkoła Zarządzania i Administracji w Zamościu
Keywords: reprivatization;control;supervision;Commission for the reprivatization of Warsaw real estate;administrative proceedings

Summary/Abstract: The Act of 9 March 2017 on special principles for the legal consequences of restitution decisions regarding Warsaw real estate, issued in violation of the law, established a Commission for the reprivatization of Warsaw real estates. The commission was established to control the entire reprivatization decisions regarding Warsaw real estate, issued on the basis of the decree of October 26, 1945 on the ownership and use of land in the area of the capital city of Warsaw. The competences of the commission constitute an important breach from the general principle of administrative proceedings that assumes the stability of final decisions. The commission for the reprivatization of Warsaw real estate as a public administration body guarding the public interest in proceedings regarding the issuing of reprivatization decisions regarding Warsaw real estate is not only a control but also a supervisory body with the authority to enter the sphere of legal independence of self-government. The control of the Commission for the reprivatization of Warsaw real estate is a special control. Due to the manner of appointing members on the one hand, it is an element of parliamentary control. Most members of the Commission are appointed and dismissed by the Sejm of the Republic of Poland. On the other hand, the scope of the Commission's competences, the scope of the subject of supervision and the course of proceedings allow it to be placed in the system of executive authorities.

  • Issue Year: 16/2018
  • Issue No: 5
  • Page Range: 99-106
  • Page Count: 8
  • Language: Polish