Marcin Bogdan: Geological law and nightly electoral talks by compatriots

Therefore, they do a lot and will do a lot in the closing hours of the run to pave the way for the opposition to power. However, they know that their ability to convince voters is exhausted. Donald Tusk's insolent lies, specified as those during Monday's TVP debate, have already lost their effectiveness. Therefore, the last hope, or possibly the last hotel for the full opposition and their protectors, is to break the unity of the United Right electorate.

Although Poland is developing dynamically, despite the increase in the standard of surviving and wealth of Poles (the fastest increase in the full European Union!), there are besides disappointed hopes, unfulfilled expectations. It was not the time and place to discuss now how many interior and external conditions there were, how many errors and frivolity there were, and how many bad will there was and whether in fact specified bad will was among any members of the government camp. It should besides be remembered that Poland is inactive coming out of the communist system, which were established by the post-communist period of the 3rd Poland. Poland has risen from its knees, but it takes more time than only 2 terms to make major changes in the full economical and social area. And this time it takes, the 3rd word they want to take away. And the last chance of that, the last hotel for them is to break our unity. Therefore, in fresh e-mails, text messages or messages, there are allegations in the communicators that are intended to undermine the credibility of the government in the eyes of the right-wing electorate. Unfortunately, attacks and speeches besides appear on portals that were considered right-wing and credible. Unfortunately, there are times erstwhile the talk is sent out by people who we thought were honest and credible. This is the most perfidious trap to get caught in. Józef Piłsudski warned: “Beware of agents.”

An example of this is the dissemination of information that as a consequence of the decision of the current government: "the land under which the natural deposits are located will be taken from the owners without compensationIt’s okay. ” There are besides very strong accusations, specified as the “anti-Polish government bill” or “the last demolition of Poland”. Taking the land from the owners, according to people distributing this information, is the effect of the United Right Government passing and signing by president Andrzej Duda the Act "Geological and Mining Law". Dissemination of this information, in specified a form and with specified epithets is calculated precisely to break the unity of the right-wing electorate, picking up respective percent of the vote, which in effect can let full opposition to regain power.

To realize the mechanics of these actions, let us look at the details. In August of that year, the Sejm passed an amendment to the Geological and Mining Law Act alternatively than the Act as such. Since it was an amendment – which unfortunately, the disseminating accusations to the government most frequently do not talk about – 1 must first of all mention to the Act itself. erstwhile and by whom she was enacted, the consequences and consequences. The Geological and Mining Law was passed in 2011, with the date of entry into force from 1 January 2012. Experts say this Act 2011 was the largest legislative crime committed in the 3rd Poland on Polish society. And it was this bill that introduced the anticipation of expropriation of property owners without a warrant of compensation.

To make certain that this was actually the effect of the 2011 Act, I asked for an explanation of its provisions to Legal Advisor Jakub Sobczyk. Mr. Counselor cited at the outset a full provision specifying what was the subject of the bill, namely the statement, that ‘the deposits of hydrocarbons, of hard coal, of methane occurring as accompanying mineral, of brown coal, of metals with the exception of ferric ores, of metals in their native state, of radioactive ores, of home sulphur, of stone salt, of potassium salt, of potassium-magnesium salt, of gypsum and of anhydrite, of precious stones, irrespective of their location, are subject to mining property. The mining property is besides covered by deposits of medicinal waters, thermal waters and brine. Mining property is entitled to the State Treasury’. The Advocate further pointed out Article 19 of the Act in question, which states in paragraph 1 that: "An undertaking which has obtained a licence to extract hydrocarbons, hard coal, lignite or underground non-congestive retention of hydrocarbons may require the acquisition of a property or part of it located in the mining area to the degree essential to carry out its intended activities. In disputed cases, common courts decide".

According to Legal Advisor, 2011 Law did not regulate the payment of compensation, all competence in this respect by ceding on the courts of the common. The civilian process is, on the another hand, an adversarial process where the burden of defending procedural obligations lies with the organization to the proceedings and the Court of First Instance cannot show an initiative of evidence. In particular, the Act did not impose a bond of appointment of an independent judicial expert to measure citizens' claims. Turning this to simpler wording than legal language, the issue was as follows. Under this Act (Article 21 et seq.), the Minister liable for environmental protection granted concessions to extract minerals from deposits. The entrepreneur who received the concession demanded the acquisition of the property or part of it located in the mining area from the existing owner at the price he proposed. If this price, according to the erstwhile owner, was not adequate to the actual value of the land, he could only effort to negociate with the entrepreneur or bring a civilian action case to the general court without the anticipation of a compulsory appeal to the expert's valuation. It is worth remembering that companies capable of extracting minerals from deposits, these are large companies, most frequently managed by abroad capital, besides German ones. What the dispute between the Polish citizen and the German entrepreneur before the court may look like, was the best found by Mrs Natalia Nitek-Płażyńska. The court at first instance sentenced her to compensation of PLN 10 thousand. for daring to inform the court that her employer Hans G. declared publically that "is a Nazi” and would like to “Kill all PolesIt’s okay. ”

It is so not an exaggeration to call this Act the largest legislative crime committed on Polish society in the III Republic. But why is the effects of this Act being attempted to attribute to the Sejm of this word and to the Government of the United Right? For those who do not know precisely the political timeline and do not remember who held power in Poland in 2011, I quote below the results of the vote on the adoption of the Geological and Mining Law:

For the sake of clarity, how the Prime Minister and the head of the opposition then voted

Tusk Donald ZA Kaczyński Jarosław v

The question should be asked why these people and those organizations that are now accusing PiS of anti-Polish law and about the demolition of Poland were silent erstwhile the PO passed this bandit law? Yeah, why?

The amendment of the Act from August this year is rather extensive. It introduces the concept of strategical deposit, which, from the point of view of Poland's economical security, seems to be most justified. It is actual that any of the provisions of the amendment, specified as the "essential importance for the economy", the "over-average size of resources" or the "unique parameters of minerals", are not precise and may rise concerns about their explanation in practice. But this has nothing to do with the real property buy-out rules. In this regard, the most crucial point of view of the current government's allegations and on the subject of the substance of this text, the amendment introduced Article 95a of the Law as follows: "The municipality shall include strategical deposits in the local spatial planning plan, in which it shall prohibit the permanent improvement or another improvement of the areas of those deposits in a way that would exclude the anticipation of strategical improvement in the future, taking into account the conditions referred to in Article 94a(12).’ This article does not talk about real property expropriation, but about limiting the usage of real estate, by prohibiting permanent construction. This is clearly linked to the failure of the value of the land in question, but the organization to which the owner can claim compensation or acquisition the property is the municipality. In the event of a legal dispute with the municipality, which is the body of local government, the decision on what the value of the game must be issued by a court expert.

Natural deposits are national goods. It is so hard to anticipate decisions, specified as the issue of a licence to extract them, or the prohibition of construction in the area under which they are located to be challenged. Like the construction of roads, highways or airports. They are intended to service the full society and cannot be blocked by individual owners of individual properties. However, these owners should be paid fair compensation due for expropriation or failure of value of the land held. The Government of the Civic Platform has left the issue of these compensations to individual negotiations of a tiny owner with a powerful entrepreneur, frequently foreign. And it's not a valuation work for an expert. The Government of Law and Justice assigns the issue of compensation to the administration of the Polish State, with the right to be valued by an expert.

That is the fact about this Act and that is the difference between the right and the liberal left in modern Poland. The fact that the full opposition works with premeditation to the detriment of Poles shows that the negative effects of the Act passed by it in 2011 effort to attribute to the current government. To proceed to act against Poles, they must regain power. That's why they're grasping at the last hotel – trying to break the unity of the United Right electorate. Will we be broken? Or possibly we'll break up their electorate, possibly we'll inform our neighbors, friends, colleagues, let us know who actually passed the Geological and Mining Law, who truly did the legislative assassination on their property.

Mr Bogdan

P.S. Below I quote the parliamentary interpellation of February 2012 addressed to Prime Minister Donald Tusk

Intervention No 2458

to the Minister of the Environment

on the expropriation of shale gas deposits

Mr Prime Minister, I ask you kindly to take an interest in the expropriation of the land on which shale gas deposits will be discovered.

The press releases and writings of citizens addressed to my office in the above-mentioned case raised my interest and at the same time serious doubts about the process of expropriation of land on which shale gas deposits are located. It is likely that shale gas companies will be given the chance to take control of the deposit and its exploitation. Article 19.1 of the Act Geological and Mining Law reads: An entrepreneur who has obtained a licence to extract hydrocarbons, coal, lignite or underground non-congestive retention of hydrocarbons may request the acquisition of a property or part of it located in the mining area to the degree essential to carry out the intended activity.

In addition, placing shale gas extraction in the category of alleged public targets gives abroad companies the chance to expropriate properties for shale gas extraction. According to any legal advisers, the anticipation of 1 entrepreneur being expropriated by another violates constitutional equality principles. I would besides like to draw the Prime Minister's attention to the unequal situation of the parties in a possible legal dispute. Powerful corporations, unlike the average citizen, have considerable financial resources that can be utilized for legal aid. Taking into account the fact that the areas under which the slate lies occupy a large part of Poland, I believe that the anticipation of possible legal conflicts between existing landowners and mining companies should be carefully analysed.

I so ask the Prime Minister kindly to answer the questions:

1. Has the Ministry conducted a legal consultation on the compliance of the provisions of the Act Geological and Mining Law

with the Constitution of Poland?

2. Is the ministry aware of the anticipation of inequality of parties in possible legal disputes?

3. Is the ministry aware of the scale of forced land redemption?

Yours sincerely.

Mr John Abraham Godson

Boat, 24 February 2012