Responsibilities of the PGRP

  1. Sole representation of the State Treasury before the Supreme Court;
  2. Representing the State Treasury before common and arbitration courts;
    • In cases heard in the first instance by regional courts,
    • In cases regarding the update of the land and mortgage register according to the actual legal status and regarding declaration of possession if the value of the subject matter exceeds PLN 1 million,
  3. Representing state legal persons indicated by the Council of Ministers before common courts, arbitration courts and the Supreme Court:
    • Before common courts in civil cases heard in the first instance by the regional court,
    • Before arbitration courts,
      • In which the value of the subject matter exceeds PLN 5 million, and in the case of the order of the Prime Minister the PGRP takes over representation irrespective of the value of the subject matter;
  4. Participating in negotiations or mediation in proceedings in which legal representation is exercised by the PGRP;
  5. Issuing, at the request of subjects representing the State Treasury, legal opinions in matters related to the rights and interests of the Republic of Poland, and in particular as regards draft agreements, draft settlement agreements and unilateral legal transactions performed by the State Treasury if the value of the subject of a legal transaction exceeds PLN 1 million, and as regards the draft agreement, important agreement provisions, general provisions of the agreement or draft agreement in public procurement granted pursuant to the Public Procurement Act of 29 January 2004 if the value of the subject of the order exceeds PLN 100 million;
  6. Issuing, at the request of subjects representing the State Treasury and represented state legal persons, legal opinions regarding draft legal advice agreements if the amount of remuneration determined jointly for the services provided exceeds net PLN 0.5 million, on annual basis, also the changes to the increasing legal advice agreement; remuneration exceeding that amount and legal advice agreements, in which maximum remuneration is not specified;
  7. Issuing opinions on draft normative acts regarding important rights and interests of the Republic of Poland.
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  1. Taking over the representation of the State Treasury in any case if it is required by the protection of the important rights or interests of the State Treasury. Legal representation of the State Treasury may be taken over at every stage of proceedings;

  2. Taking over the representation at a justified request of government administration authorities before common courts and the Supreme Court if it is required by the protection of the important rights or interests of the Republic of Poland. This responsibility is related to authorities having a particular capacity to be a party in civil proceedings, such as regulatory authorities (Presidents of UOKiK, URE, UKE and UTK) or a tax authority in proceedings, referred to in Article 199a(3) of the Tax Ordinance Act of 29 August 1997 in conjunction with Article 1891 of the Code of Administrative Procedure;

  3. Taking over the representation in proceedings before administrative courts at a justified request of a government administration authority, organizational unit without legal personality or subject representing the State Treasury if it is required by the protection of the important rights or interests of the Republic of Poland;

  4. Taking over the representation in criminal proceedings at a justified request of a subject representing the State Treasury or state organizational unit without legal personality if it is required by the protection of important rights or interests of the State Treasury;

  5. Representing legal persons with State Treasury shareholding, indicated by the Council of Ministers, and legal persons with state legal person shareholding, with their consent:

    Before common courts in civil cases heard in the first instance by regional courts,

    Before arbitration courts,
    – In which the value of the subject matter exceeds PLN 5 million, and in the case of the order of the Prime Minister the PGRP takes over representation irrespective of the value of the subject matter;

  6. Representing the Council of Ministers or ministers in proceedings before the Constitutional Tribunal if requested by the Prime Minister;

  7. Presenting to common courts, administrative courts, the Supreme Court and Constitutional Tribunal views important for the cases examined by them, in respect of which the PGRP does not participate in proceedings;

  8. Issuing legal opinions in cases regarding the rights and interests of the Republic of Poland, including also the rights and interests of the State Treasury, at a request of the subject representing the State Treasury, but if the value of the subject matter is below PLN 1 million, the President of the PGRP may refuse to issue an opinion;

  9. Preparing, at the request of the Prime Minister, reports, analyses and positions comprising legal issues, regarding in particular draft normative acts, legal transactions performed by state subjects, and court decisions issued in cases involving the Republic of Poland;

  10. Preparing recommendations as regards model contract or legal transaction terms, preparing and publishing model contract or legal transaction terms, considering responsibilities of other authorities in this regard and practices of subjects representing the State Treasury and persons represented;

  11. Conducting publishing and educational activities with regard to the protection of the rights and interests of the Republic of Poland, in particular by organizing academic conferences, issuing academic publications, and also by organizing internal trainings and trainings for subjects representing the State Treasury and persons represented;

  12. Filing with the Supreme Administrative Court or Supreme Court a request for passing a resolution aimed at clarifying legal provisions, the application of which caused discrepancies in the case-law.

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