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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
25/11/2011 - 19:45
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)
Library
30/12/2012 - 23:07
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:

  • Ustawa z dnia 16 września 2011 r. o zmianie ustawy — Kodeks postępowania cywilnego oraz niektórych innych ustaw, (Act of 16 September 2011 on change of the act - Code of civil procedure and some other acts), Dz. U. z 2011 r., Nr 233, poz. 1381, http://isap.sejm.gov.pl/DetailsServlet?id=WDU20112331381, Accessed on 12.12.2012.
     
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)
Library