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.
Last year, the Constitutional Tribunal ruled that certain provisions governing secret services’ access to telecommunication data (e.g. text messages and phone records) violate the Constitution. The Tribunal demanded that a procedure for destroying data covered by the legal professional privilege (LPP) be introduced. Nevertheless, the draft law on the competences of secret services, in its current shape, instead of protecting data covered by LPP exposes it to abuse from secret services in ongoing proceedings.
The amendments to the Construction Law which aim to shorten the implementation period of less complex investments and facilitate the investment process itself entered into force in June. “However, much will depend on the practice of public administration bodies in this area. It cannot be excluded that those bodies will abuse the opportunity to object […] which will mean that the goals of the introduced changes will not be fulfilled,” warn legal advisor Artur Sidor and advocate trainee Paweł Murawski in the newest issue of the Builder magazine.