The Polish Law On Trade Unions

The Polish Law On Trade Unions 81 THE POLISH LAW ON TRADE UNIONS * The text of the Law on Trade Unions of the Polish People's Republic of 1 July 1949 (as amended by a Law of 8 October 1980) is reproduced below. The 1980 amendments make it possible for Polish trade unions to acquire legal personality by registering with the Provincial Court in Warsaw. Though the 1949 Law, as amended, does not itself provide for the possibility of appealing against a ruling of the Provincial Court, this is always possible under Article 367 of the Polish Code of Civil Procedure of 17 November 1964 which states: "Judgments of a court of primary jurisdiction are subject to review." Since the Warsaw Provincial Court acts as a court of first instance under the 1949 Law, a decision against a petitioner can be appealed to the Polish Supreme Court. The provisions mentioned in the newly added para. 4 of Article 9 have not yet (as of November 1980) been enacted. Therefore, the Polish courts did not have any official guidelines in the fall of 1980 for their judgment in the case of the independent Polish trade union Solidarnosc. THE LAW ON TRADE UNIONS OF 1 JULY http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Review of Socialist Law (in 1992 continued as Review of Central and East European Law) Brill

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Publisher
Brill
Copyright
© 1981 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
0165-0300
eISSN
1875-2985
D.O.I.
10.1163/187529881X00056
Publisher site
See Article on Publisher Site

Abstract

81 THE POLISH LAW ON TRADE UNIONS * The text of the Law on Trade Unions of the Polish People's Republic of 1 July 1949 (as amended by a Law of 8 October 1980) is reproduced below. The 1980 amendments make it possible for Polish trade unions to acquire legal personality by registering with the Provincial Court in Warsaw. Though the 1949 Law, as amended, does not itself provide for the possibility of appealing against a ruling of the Provincial Court, this is always possible under Article 367 of the Polish Code of Civil Procedure of 17 November 1964 which states: "Judgments of a court of primary jurisdiction are subject to review." Since the Warsaw Provincial Court acts as a court of first instance under the 1949 Law, a decision against a petitioner can be appealed to the Polish Supreme Court. The provisions mentioned in the newly added para. 4 of Article 9 have not yet (as of November 1980) been enacted. Therefore, the Polish courts did not have any official guidelines in the fall of 1980 for their judgment in the case of the independent Polish trade union Solidarnosc. THE LAW ON TRADE UNIONS OF 1 JULY

Journal

Review of Socialist Law (in 1992 continued as Review of Central and East European Law)Brill

Published: Jan 1, 1981

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