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On 15 March 2007 the Act on the disclosure of the documents of the State Security Service from the period of 1944-1990 and the content of those documents (so-called "Vetting" or "Lustration" Act) came into force. The Act aims at regulating a complex, difficult, sensitive and not yet fully resolved issue of dealing with people who had collaborated with the Communist regime. The content of the Act has triggered a nationwide political discussion. Moreover, the Act (and its subsequent amendment in 2007) contains a number of provisions that had evoked serious legal doubts concerning e.g. the violation...

On 16 February 2007, the Urząd Komunikacji Elektronicznej (President of the Electronic Communications Office - UKE) organised a public debate on a draft Regulatory Strategy on the use of frequencies. A proposal for a new strategy was already announced by the UKE on 11 December 2006 and was followed by public consultations. Several interested parties submitted their written observations to the UKE, which on 2 February 2007 announced its position as regards the comments received. Finally, a public debate was organised, during which the results of the consultation process were presented. This was...

The Ministry of Culture has prepared an amendment to the Copyright and Related Rights Act of 4 February 1994, the Code of Civil Procedure of 17 November 1964, as well as the Industrial Property Law of 30 June 2000, the Act of 27 July 2001 on Legal Protection of Databases and the Act of 26 June 2003 on Legal Protection of Plant Species (each with subsequent amendments), aiming to implement the Community law requirements in the area of Intellectual Property Rights into the Polish legal system. Basically, the bill is targeted at the implementation of Directive 2004/48/EC of the European Parliament...

The Polish Constitutional Tribunal held in its judgemnt of 9 October 2006 that the provision of Article 19 paragraph 9 of the Act of 30 June 2005 on cinematography is in conformity with the Constitution of the Republic of Poland. The Act of 30 June 2005 on cinematography came into force on 19 August 2005; provisions on deductions being an important part of the cinematographic production support system (Article 19) came into force on 1 January 2006 (see IRIS 2006-1: 18) The Act on cinematography established in its Article 19 an indirect support system aimed at strengthening the domestic cinematographic...

In its decision of 23 March 2006, the Polish Constitutional Tribunal has found certain regulations of the Polish Broadcasting Act to be unconstitutional. The subjects of the constitutional complaint were the amendments of 29 December 2005 to the Broadcasting Act and other Acts (see IRIS 2006-2: 18) which included some important changes concerning the composition and functioning of the National Broadcasting Council (NBC), the protection of ethics of journalism as a new task of the NBC and the privileged treatment of so-called “social broadcasters”. NBC is one of the constitutional organs of State...