"Small Reprivatisation Act" enters into force

On 17 September 2016, the Act of 25 June 2015 amending the Act on Real Estate Management and the Family and Guardianship Code, i.e. the Small Reprivatisation Act, came into effect. This Act does not actually have much to do with reprivatisation and it could be said that it was adopted in the interests of the capital city of Warsaw and the State Treasury.

The amendments adopted in the Act were approved by the Constitutional Tribunal in a ruling of 19 July 2016 (Kp 3/15), which means there is little practical point in discussing whether the Small Reprivatisation Act complies with the Constitution. All that remains is to examine the new provisions in terms other than the constitutional concerns to which they may give rise. And problems in this respect are major.

For a discussion of these problems and doubts, please see the file: Small Reprivatisation Act | DZP commentary.