Warsaw’s property restitution commission head addresses doubts raised by the Ombudsman’s deputy regarding verification procedures.
RPO Raises Concerns About Verification Procedures
Stanisław Trociuk, deputy of the Ombudsman, in correspondence addressed to Myrcha, informed that the Ombudsman’s office is receiving complaints regarding verification procedures conducted by the commission for the restitution of Warsaw properties. Their authors drew attention to the duration of these procedures, the inability to counteract delays, and disproportionate restrictions on the use of constitutional rights (the right to a court, the right to protection of property and property rights).
The complaints also concerned the low effectiveness of judicial protection in view of the commission issuing security measures.
Verification Procedures at the Preliminary Stage
The commission takes verification actions at the preliminary stage of its work to determine whether there is a probability that a restitution decision was issued in violation of law and whether to initiate proceedings.
Although, as explained by the deputy of the Ombudsman, the commission’s actions do not have an authoritative character, this body has the possibility of issuing decisions against third parties already at the preliminary stage, within the framework of securing verification activities.
Therefore, Trociuk requested an explanation of how often the commission uses security instruments.