“Child abduction is a violation of the Hague Convention, which is penalized throughout the entire European Union. An arrest warrant has been issued in respect of you. The European arrest warrant has not been implemented in Poland only because in Poland and in the Czech Republic – the only two countries in Europe – a breach of the Hague Convention is not penalized“- said attorney Jakub Gładkowski in the discussion in connection with the cross-border case of parental child abduction on the grounds of the Hague Convention. Attorney K. Jakub Gładkowski of the Polish law firm KG LEGAL KIEŁTYKA GŁADKOWSKI was invited by the Polish Television to take part in the TV Programme “A Case for a Journalist” (broadcasted on TVP 1, 17 May 2018, at 21:30).

‘A Case for a Journalist’ is, according to popular information, the only publicist TV programme broadcasted on the first channel of the Polish TV since 1984. The program has the highest viewing ratings in Poland (an average of 3.9 million viewers, according to the Centre for Public Opinion Research). The purpose of this programme is to present journalists’ interventions in important matters from a social point of view.

The entire programme is available at: http://www.tvp.pl/publicystyka/magazyny-reporterskie/sprawa-dla-reportera

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On July 17, 2018 there will take place the summit between Japan and the EU. The main idea of the meeting is to confirm the support for the international order based on law as well as the agreement on free trade. There will be signed economic partnership agreements as well as a strategic partnership agreement. At present, the EU companies have to pay a number of duties amounting up to EUR 1 billion a year, which will be lifted after the agreements are signed. Also numerous legal regulations complicating trade exchange will be removed. The concluded contracts are very ambitious and comprehensive. They will create new opportunities for agricultural exports from the EU. They will also allow the development of intellectual property rights relating to exported goods, protecting goods on Japanese markets. They comply with the strict requirements set by labour law and the security of personal data. Trade negotiations with Japan have been ongoing since March 2013. At the summit on 6 July 2017, both parties reached a major agreement on the most important elements of the free trade agreement, known as the Economic Partnership Agreement. Negotiations on all other aspects were completed in December 2017. Negotiations with regard to investment protection standards and dispute settlement regarding investment protection will continue to be conducted with Japan. Both parties are determined to negotiate investment protection as soon as possible to conclude an agreement. Additionally, the Strategic Partnership Agreement will strengthen cooperation in the field of international peace and security, cybercrime, energy security, and mitigation of climate change.

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Poland will have its own tax on innovation. The Polish Ministry of Finance finishes work on the so-called IP Box.

It is a tax on innovation aimed to improve the innovativeness of the Polish economy.

It is directed to attract foreign innovative companies and to keep domestic innovative companies so that they do not “run away” to other countries where tax rates are more advantageous. IP Box is going to be 5% for 20 years (the period in which there lasts patent protection and other protective rights guaranteeing exclusivity for the author). However, it is uncertain whether it will be possible to maintain such a high level of tax relief, as the Ministry of Finance will have to comply with the restrictions imposed by the EC and OECD to avoid allegations of harmful tax solutions.

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The detective report is increasingly being used as evidence in ongoing cases. In family law, business law or in matters related to matter governed by the Hague Convention. Arrangements made by a professional third party may prove to be crucial and often augment the evidence in the process.

Performing detective services is a fully legal activity, described in the Act of 6 July 2001 on detective services. (Journal of Laws of 2017, item 556) (“Detective Services Act”), which states that it consists in obtaining, processing and acquiring information about persons or objects. Detective, according to Art. 13 of the Detective Services Act is required to produce a written report or a title report and hand it over to the employer. The report, as set out in the Act, should include a description of the facts of the case under investigation, the date of commencement and termination of activities, and the scope and conduct of the actions taken.

The evaluation of the legality of the report as evidence is based on both procedural and substantive law. A number of restrictions have been imposed on a detective, for example, he must have a license, he can only provide services on the basis of an agreement with a person involved in a particular case, his services are subject to freedom of establishment. During doing activities, he must act within the limits of the law – ethical principles and due diligence apply. He can make a documentary photograph only during the day, in a public place, and it is forbidden to use illegal means of obtaining information, such as eavesdropping. He cannot violate applicable laws and freedoms nor is it permitted to use methods reserved for law enforcement or special services, such as the Police. Regulations of the protection of personal data also apply.

Proof of the report is admissible by the competent court, but court may refuse to admit them on the basis of their origin, e.g. if evidence has been found in violation of the law. It is treated as evidence from a private document, and according to the Supreme Court ruling of 30 June 2004, “evidence from a private document is an independent means of proof which the court judges in accordance with the principles set out in Article. 233 § 1 c.p.c. “(IV CK 474/03). It is also possible to appoint a detective as a witness, but it is important to remember that a detective is required to keep a secret about the source of the information or the circumstances of the case and release him from such secrecy can only be based on the principles stated in the Code of Criminal Procedure.

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Poland’s accession to the European Union, the development of cross-border activity of enterprises, and the desire to enter new markets contribute to the opening of branches of foreign entrepreneurs on the Polish market. For this reason, the issue of terminating the business in Poland is interesting. Pawel Dyrduł, lawyer from law office KG Legal Kiełtyka Gładkowski Sp.p with its registered office in Krakow, discusses the problem of liquidation of a branch of a foreign entrepreneur in Poland.

Freedom of establishment

Foreign entrepreneurs, under the provisions of the Treaty on the Functioning of the European Union (Articles 49, 51, 54), may establish branches, agencies, subsidiaries, etc. in the Member States. Poland can not affect the restriction of the freedom of establishment of nationals of other Member States. Exceptionally, freedom of establishment does not apply in cases where conducting a given activity by a foreign entrepreneur in Poland would be, at least temporarily, connected with the exercise of official authority. Entrepreneurship entitlement is granted to them in relation to any type of business activity – civil and commercial law, cooperative, etc.

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