Postępowanie sądowe w sprawach związanych z działalnością przedsiębiorstw państwowych i ich samorządów
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Date
1982
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Wydział Prawa i Administracji UAM
Title alternative
Legal Proceedings in Actions Under the Operation of State Enterprises and Their Self-Management
Abstract
The State Enterprises Act and the Act of Workers Self Management in State
Enterprises, both of September 25, 1981, (the Polish Law Gazette — Dz. U. nr 24,
section 122 and 123) gave rise to new types of litigations related to the economic
reform. A principle of independence and of self-financing of State enterprises is
evoked in this statutory regulation and the rule of self management of the enterprises
is reflected in constituting bodies of the workers' self management. In order
to secure administration's non-contravention of these principles under the
valid legislation all disputes between the administration acting in the capability
of a founding organ and bodies of an enterprise (director and worker's council)
are brought before the general courts. Similarly, inside the enterprise, the issues
between its director and the worker's council are resolved before the courts. The
disputes between the founding organ and the bodies of the enterprise can concern
appointing, recalling and suspending the manager; upholding, revoking or changing
a decision of the founding organ regarding operation of the enterprise and
liability of the founding organ for damage incurred in implementation of its decisions.
The disputes between the director and the worker's council can concern
revoking or changing a resolution of the council or a decision of the director.
Having analysed a legal character of the issues the author contends that
the above are all civil cases and consequently, he finds legitimacy for bringing
them before civil courts. The cases are to be tried under the regulation of the
Code of Civil Proceedings under the legal process.
They are amenable to the material jurisdiction of the district courts and to
the territorial jurisdiction of the courts of defendant's seat. A public prosecutor
can participate under general rules in hearing of these new cases bringing an
action or acceding to the proceedings pending the action. A capacity to be a party
in a lawsuit is to be conceded to the director of the enterprise and to the worker's
council on the strength of explicit provisions of the Act. In the legal proceedings
the council acts via its presidium under the resolution of the whole council.
The same prerequisite is also required to grant a power of attorney.
Next, the author analyses a capacity to appear in court in various types of the
new cases. A plaintiff is legally bound to carry through obligatory conciliatory
proceedings in most of the cases. Short terms (1-2 weeks) of taking legal action
are also fixed by the statute. Breaking the terms results in nonsuit although in
exceptional cases, the term can be restored. It is also the case of the term ôf
instituting preliminary proceedings before laying an action in court.
Costs of the proceedings are incurred by the enterprise in litigations between
the worker's council and the director. Therefore, there is no need of delivering cost decisions. High efficiency of the proceedings affording quick findings becomes
a necessity in lawsuits concerning the enterprises. Particular regulations, however,
having that end in view are not numerous. In the new cases the courts are
not bound with a-statement of claim by virtue of the regulation of the section
321 of the Code of Civil Proceedings. Accordingly, the worker's council and the
director are to be treated as the units of socialized economy. The court finds
the new cases delivering a judgement. The State Enterprises Act introduced certain
limitations of appealing against some of the legal decisions.
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Citation
Ruch Prawniczy, Ekonomiczny i Socjologiczny 44, 1982, z. 2, s. 21-41