Poland - 2012
Can associations, organisations or other legal entities, who have a legitimate interest, engage, either on behalf or in support of the complainant, with his or her approval, in any judicial and/or administrative procedure concerning discrimination?
- Code:
- RED14
- Key Area:
- Anti-discrimination Legislation & Implementation
- Strand(s):
- Discrimination, Equality
Short Answer |
Yes. |
Qualitative Info |
Pursuant to the Polish Code of Civil Procedure, the organisations (associations) whose statutory activity is the protection of the equal treatment rule have the right to engage in judicial procedure either on behalf or in support of the complainant, with his or her approval. They may initiate the procedure or enter the proceeding at any stage. In the criminal proceeding a representative of an organisation (whose statutory aims concern the protection of human rights and freedoms) may apply to join the process if there is a need for the protection of common or important individual interest. According to the Code of Administrative Procedure, an organisation may claim to initiate or join the proceeding in the case of another person if it is justified by the statutory aims of this organisation, and it is in the common interest. |
Groups affected/interested | Migrants, Refugees, Roma & Travelers, Muslims, Ethnic minorities, Religious minorities, Linguistic minorities, Asylum seekers, Lesbian, Gay, Bisexual and Transgender, Persons with disability |
Type (R/D) | |
Key socio-economic / Institutional Areas | Anti-discrimination |
External Url | http://isap.sejm.gov.pl/DetailsServlet?id=WDU19640430296; http://isap.sejm.gov.pl/DetailsServlet?id=WDU19970890555; http://isap.sejm.gov.pl/DetailsServlet?id=WDU19600300168 |
Situation(s) |
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Library |
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Short Answer |
Yes. |
Qualitative Info |
Pursuant to the Polish Code of Civil Procedure, the organisations (associations) whose statutory activity is the protection of the equal treatment rule have the right to engage in judicial procedure either on behalf or in support of the complainant, with his or her approval. They may initiate the procedure or enter the proceeding at any stage. In the criminal proceeding a representative of an organisation (whose statutory aims concern the protection of human rights and freedoms) may apply to join the process if there is a need for the protection of common or important individual interest. According to the Code of Administrative Procedure, an organisation may claim to initiate or join the proceeding in the case of another person if it is justified by the statutory aims of this organisation, and it is in the common interest. In May 2012, the amendment to the code of civil procedure entered into force, among others, including the possibilities of participation of social organisations in court proceeding. The term “social organisations” was replaced with the notion “non-governmental organisations”. Apart from the linguistic correction, some technical issues concerning the acts of bringing action against someone in the name and for the sake of citizens have been made precise. Nevertheless, elementary regulations concerning the representation in cases of unequal treatment have been unchanged. Source:
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Groups affected/interested | Migrants, Refugees, Roma & Travelers, Muslims, Ethnic minorities, Religious minorities, Linguistic minorities, Asylum seekers, Lesbian, Gay, Bisexual and Transgender, Persons with disability |
Type (R/D) | |
Key socio-economic / Institutional Areas | Anti-discrimination |
External Url | http://isap.sejm.gov.pl/DetailsServlet?id=WDU19640430296; http://isap.sejm.gov.pl/DetailsServlet?id=WDU19970890555; http://isap.sejm.gov.pl/DetailsServlet?id=WDU19600300168 |
Situation(s) |
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Library |
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