News

30.01.2016 r.

ECHR: Lack of an Effective Investigation into the Death of a Detainee Violates the Convention

The European Court of Human Rights has concluded proceedings in the case P. against Poland. Ms. P. submitted an application after criminal proceedings conducted against the prison physician to explain the death of her detained daughter had been discontinued due to the expiry of the statute of limitations. In a unilateral declaration, the Polish government admitted that there had been a violation of art. 2 of the Convention, namely the right to life.

29.01.2016 r.

Provisional Building Objects – the Need to Change the Law

In the recent years, the number of provisional building objects (e.g. street kiosks, pavilions, or container objects) has increased. According to the current regulations, there are two categories of provisional building objects – objects for temporary use and objects which are not permanently connected to the ground. “Erroneous qualification of an object can result in the wrong choice of proceedings for construction work,” warn legal advisor Artur Sidor and Anna Matysiak in their article for Builder magazine.

16.12.2015 r.

Edward Wende Award for professor Karol Modzelewski

Professor Karol Modzelewski, a distinguished historian, opposition activist under the communist regime and a cofounder of “Solidarity,” is this years’ laureate of the Edward Wende Award. Pietrzak Sidor & Partners Law Firm was a cosponsor of the award.

29.11.2015 r.

Construction Consortium in Polish Law

In the Polish construction market, it is a common practice for several entities to jointly take part in public procurement. “Contractors deciding to execute an investment as part of a consortium should carefully construct their agreement. It is crucial considering their joint and several liability towards the ordering party,” note legal advisor Artur Sidor and Anna Matysiak, lawyers from the Pietrzak Sidor & Partners Law Firm, in the newest issue of “Builder”.

20.11.2015 r.

Another violation of the right to liberty and security of the person in a Polish case

The European Court of Human Rights (ECHR) accepted a unilateral declaration by the Polish government in the case Rembak against Poland. The government acknowledged a violation of art. 3 of the European Convention on Human Rights (Convention) as a result of imposition on the applicant of the regime of “dangerous detainee” and of the violation of art. 5 § 3 of the Convention due to the unreasonable duration of the applicant’s pre-trial detention.

11.11.2015 r.

Polish government admits a violation of the right to liberty and security of the person

The European Court of Human Rights (ECHR) has accepted a unilateral declaration of the Polish government in the case Hernandez against Poland. In its declaration, the government admitted a violation of art. 5 § 3 and art. 6 § 1 of the European Convention on Human Rights (Convention) due to the excessive length of pre-trial detention and criminal proceedings against the applicant.