The first steps of the Polish Legal System towards the digitisation of registration proceedings - the analysis and the assessment of the Draft Act on the National Court Register, with the consideration of the compliance thereof with the Directive 2017/1132/EU and the Business Registers Interconnection System (BRIS)

Olga Zinkiewicz

Abstract

In Autumn 2017 the Ministry of Justice submitted a draft amendment to the Act of August 20, 1997 on the National Court Register (hereinafter, “Draft”), announcing its “digital revolution”. The legislator’s intention was to transfer the register into the reality of the 21st century. Moreover, the amendments addressed the necessity of implementation of the directive of the European Parliament and of the Council 2017/1132/EU of 14 June 2017 on some aspects of the companies law (Journal of Laws EU L 169 of 30 June 2017) in the scope of regulations concerning the registers interconnection system into the Polish legal system. The draft amendments relate to, among others: (i) introduction of the obligation to submit all applications with the National Court Register’s register of entrepreneurs by way of the ICT system; (ii) electronization of registration files, as well as (iii) introduction of the obligation to submit financial statements in the electronic form. Apart from that, the Draft provides for (iv) the creation of the Central Repository of Electronic Excerpts of Notary Deeds. The aims set forth in items (i)-(iv) may be, in principle, viewed as a right step towards digitization. However, it should be remembered that the legislator’s goal is for the entire digitization of registration proceedings to take place in stages. Thus, time intervals for the introduction of relevant legis-lation amendments (executive regulations) and technical amendments (preparation of form specimens, implementation of changes to the ICT systems in courts) are assumed. Therefore, the Draft should be assessed as the first step. However, it comes as a surprise that Article 19 of the Draft provides for the possibility of entering into the Central Registration and Information on Business, and simultaneous public disclosing of, information on arrears in the enforcement of outstanding maintenance payments exceeding 6 months. Leaving aside the moral nature of such demeanor, the register is not intended for the disclosure of debt and it is maintained only for record keeping purposes. Doubts also arise whether the disclosure of such information meets the condition of necessity in a democratic state of law, as defined in Article 51 section 2 of the Constitution.
Author Olga Zinkiewicz (FLA / DCivP)
Olga Zinkiewicz,,
- Department of Civil Procedure
Journal seriesPrzedsiębiorczość i Zarządzanie, ISSN 1733-2486, (B 14 pkt)
Issue year2018
Vol19
No9, cz. 2
Pages43-53
Publication size in sheets0.6
Keywords in EnglishNational Court Register, digitization of registration proceeding, Business Registers Interconnection System, BRIS, Directive 2017/1132/EU
URL http://piz.san.edu.pl/docs/e-XIX-9-2.pdf
Languageen angielski
LicenseJournal (articles only); published final; Uznanie Autorstwa - Na Tych Samych Warunkach (CC-BY-SA); with publication
Score (nominal)14
ScoreMinisterial score = 14.0, 08-03-2019, ArticleFromJournal
Ministerial score (2013-2016) = 14.0, 08-03-2019, ArticleFromJournal
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