The topic of today's entry is Countercrisis Shield 3.0. This, of course, refers to the Act of 14 May 2020 amending certain laws with respect to protective measures against the spread of the SARS-CoV-2 virus. Another shield, this time a third one. The law amends more than 40 laws, including previous 'shields'. In order not to get lost in the maze of legal chatter, I will only dwell on the most relevant changes.
Suspension of judicial and procedural deadlines
The law repeals Article 15zzs in the 2 March 2020 spec, which means the idyll is over. Deadlines will have to be counted. We remember that the 15zzs provision suspended all judicial and procedural deadlines as of 31 March 2020. On the other hand, those that were to start running after 31 March 2020 did not start at all. Therefore, if the service of a court letter imposing an obligation on a party to perform an act took place before 31 March 2020 and the time limit has already started to run, after the repeal of Art. 15zzs the party will be shortened by the days between service and 31 March 2020.
By contrast, the time limit for enforcement of an order served after 31 March will only start to run with the repeal of the rule.
Under the amendment, time limits in proceedings which have not started due to their suspension shall start to run seven days after the entry into force of Shield 3.0. And time limits that have been suspended will continue to run seven days after the entry into force of the amendment. This is something to watch out for, as the two solutions have slightly different practical effects and apply to different situations. As a reminder, a taxpayer generally has 30 days from the delivery of the decision to file a complaint with the WSA.
The limitation period continues to run
On the date of entry into force of this Act, the following shall commence:
- the limitation period for the punishment of the act, and
- the statute of limitations on the execution of sentences in felony, criminal and fiscal offences and in misdemeanour cases.
Modifications to the conduct of hearings in civil proceedings
The legislator has given the courts the possibility to hold hearings remotely using devices with direct video and audio transmission. Participants are not required to be in the court building. Except if holding the hearing without these devices would not cause undue health risks for the participants. So classical trials are not excluded. Only anti-epidemic precautions are to be observed. The presiding judge may also order a closed hearing instead of a trial or a public hearing if it would cause an undue risk to the health of the persons participating in it and cannot be conducted remotely, and none of the parties has objected to the holding of a closed hearing within 7 days of being served with notice of the case being referred to a closed hearing. Also new is the participation of the panel of judges in the hearing via electronic communication, i.e. away from the courtroom. No, no, the hearing will not be held away from the court at all. They have allowed the presiding judge and the clerk of the case to stay in the courtroom. 🙂
And it will be possible to express one's position in writing if the evidentiary proceedings have been conducted in full. The court will then be able to give judgment in closed session.
Crisis shield 3.0 - carer's allowance
Carer's allowance for children up to the age of 8 who cannot attend nurseries or kindergartens as well as schools is extended. But only in relation to children with disabilities. During the period from 25 May to 14 June 2020, only parents of children with disabilities and carers of adults with disabilities may benefit from the additional care allowance due to the closure or reduction of educational facilities. This allowance will also be available if, despite the opening of, for example, a kindergarten or crèche, a parent decides not to send a disabled child to an institution and provides personal care for the child. and is valid until 24 May 2020. After this date, the employer may require you to attend work.
So far, the monthly care allowance and monthly supplementary care allowance is 80% of the benefit base. Preventing parents of healthy children from taking advantage of the extended possibility to claim care allowance for healthy children is a clear error in the law. However, it will certainly not be rectified before 25 May 2020. Zus is in a quandary.
June pensions calculated as those of May 2020.
Those who retire in June usually receive up to PLN 300 less in benefits than those who become pensioners in other months of the year. Without going into detail, the differentiation in the rules for determining the amount of the pension is closely linked to the way in which pension insurance contributions and initial capital, which are the basis for calculating this benefit, are valorised. (This follows from Articles 25 and 25a of the Social Insurance Fund Pensions Act). Consequently, submitting an application for a pension (determination of its amount) in June, results in a lower amount of this benefit, compared to applications submitted in the remaining eleven months of the year. But this year is to be different. The government, in shield 3.0, has decided that the valorisation of contributions is to be carried out in the same way as for pension determination in May 2020. Provided this is more favourable to the insured.
Exemption from Social Security even if contributions have been paid
In the cases referred to in Article 31zo (2a) and (2b) of the Act amended by Article 46, the dues for contributions shown in the settlement declaration for April and May 2020 shall also be waived if the dues have been paid. Paid dues for contributions shall be credited against future contributions.
Extension of the exemption from the Social Security - the Anti-Crisis Shield 3.0
The shield introduces a further extension of the circle of entities entitled to apply for exemption from Social Security contributions. The persons concerned are:
- those who are self-employed and benefit from the so-called start-up relief, and
- persons whose income was higher than 300% of the projected average gross monthly salary in the national economy in 2020, but their the income from this activity in the first month for which the application is submitted was not higher than PLN 7,000.
Changes to the maintenance fund
Crisis Shield 3.0 raises to PLN 900 income family per capita as the income criterion for receiving maintenance allowance. Good news for all those raising children whose higher income will not preclude them from receiving this benefit.
Anti-counterfeiting regulations - Anti-counterfeiting shield 3.0
Extremely helpful provisions to increase the protection of vulnerable persons. The Act introduces the invalidity of a contract in which an individual undertakes to transfer ownership of a property as security for claims not arising out of that individual's business or professional activity, i.e. a so-called 'security transfer' contract, and a prohibition on requiring an individual to at least twice the maximum non-interest charges or at least twice the maximum interest rate set by law.
A contract in which an individual undertakes to transfer the ownership of a property used to satisfy his or her housing needs in order to secure claims arising from that or another contract not directly related to that person's business or professional activity is invalid where:
1) the value of the property is greater than the value of the monetary claims secured by that property plus the amount of maximum interest for delay on that value for a period of 24 months, or
(2) the value of the monetary claims secured by the property is not determined, or
(3) the conclusion of this agreement was not preceded by an expert appraisal of the market value of the property.
In addition, the creditor is entitled to make an application for the auction of the dwelling. However, only, if the amount of the principal debt to be enforced is at least equivalent to one-twentieth of the sum of the assessment.
An excellent 'stop' for all those who prey on human misfortune. On people who, as a result of the epidemic, have lost their jobs and fallen into debt. Through which they have tried to borg themselves unsuccessfully with instant loans.
Amendment of Article 304 of the Penal Code
The purpose of this amendment is to adapt the provision to the prosecution of typical modern usury offences. That is to say, so-called 'momentary' loans, as a result of which the victims sometimes lose their entire life's possessions. Due to their failure to repay loans of a relatively small amount on time.
There will be a differentiation in the level of protection depending on whether the victim is a trader or a consumer. In addition, the new wording of this provision will eliminate evidentiary problems. This is about the problem of demonstrating why elderly or infirm people whose financial situation is difficult are in a forced situation.
It is worth quoting this provision here in full. It comes into force as follows on 30 May 2020.
Art.304 CC
(1) Whoever, exploiting the coercive position of another natural or legal person or an organisational unit without legal personality, concludes a contract with him/her imposing on him/her an obligation of performance incommensurate with the reciprocal performance, shall be subject to the penalty of deprivation of liberty for up to 3 years.
(2) Whoever, in return for a pecuniary benefit provided to an individual under a loan agreement, credit agreement or any other agreement the object of which is to provide such benefit with an obligation to repay, not directly related to that person's business or professional activity, demands from that person the payment of costs other than interest in an amount at least twice the maximum amount of such costs specified in the Act,
is punishable by a term of imprisonment of between 3 months and 5 years.
(3) The same penalty shall be imposed on anyone who, in connection with the provision to an individual of a pecuniary benefit under a loan agreement, credit agreement or any other agreement the object of which is to provide a pecuniary benefit with an obligation to repay it, not directly related to that person's commercial or professional activity, demands from that person the payment of interest in an amount at least twice the rate of the maximum interest or the maximum interest for delay, as defined by law.
The Anti-Crisis Shield 3.0, or the suspension of court deadlines and more - summary
And so much for the news that caught my eye. We are very slowly returning to our previous reality. I hope that you, too, are looking forward to seeing family, friends, talking and walking and even working. This situation will certainly make us stronger.
