Polish President References Constitutional Court in Ukraine Aid and NCBR Oversight Amendments

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Law on assistance to Ukrainian citizens amid the armed conflict

During a postal review, Polish President Andrzej Duda asked the Constitutional Court to assess the constitutionality of a 2024 law. The legislative package includes amendments to the Law on Assistance to Ukrainian Citizens, the Personal Income Tax Act for natural persons, and the Corporate Income Tax Act. The Chancellery of the President of the Republic of Poland provided these details.

The amendment prolongs temporary protection for Ukrainian refugees until March 4, 2025. It also extends the validity of national visas and temporary permits for Ukrainian nationals, stabilizes the deadlines for leaving Poland, and sets new timelines for voluntary return. The extensions cover residence cards, identity documents for Polish foreigners, and documents granting a tolerated stay. The period during which a Ukrainian resident is considered legally present in Poland is broadened for those holding a Schengen visa issued by Poland or other states in the Schengen area, including visa-free travel arrangements.

The reform also lengthens the window for special rights in the medical professions, including doctors, dentists, nurses, and midwives from Ukraine. Under the new rules, the eligibility window to practice, or to obtain a conditional right to practice after qualification outside the EU, extends to 28 months starting February 2024. The Health Ministry’s ability to assign professional numbers for physicians or dentists who have secured registration and engaged in temporary or occasional practice is expanded. This aligns with broader plans to broaden access to health care services for Ukrainian citizens.

The regulation likewise extends beneficial provisions within both the Personal Tax Law and the Corporate Tax Law for another year. It also broadens the capacity to grant benefits to any entity, particularly natural persons who provide accommodation and meals to a Ukrainian citizen for up to 120 days.

Amendment of the National Center for Research and Development (NCBR) Act

The President’s office published a second request to the Constitutional Court, noting that the President asked the court to examine the constitutionality of a January 26, 2024 amendment to the National Center for Research and Development Act and the Law on Higher Education and Science. The stated aim of the amendment is to restore supervision of the NCBR to the minister responsible for higher education and science. Currently supervision is exercised by the Minister of Funds and Regional Policy.

The proposed changes emphasize reestablishing ministerial oversight over the NCBR and aligning the governance framework with the broader framework for higher education and scientific research in Poland.

Statements from the Head of State

This pattern marks another instance of the President submitting legislation to the Constitutional Court through postal controls. In recent weeks, several laws related to higher education were redirected to the Court for review by the President. The Chancellery had previously announced that, in late January, the President signed the 2024 budget law along with amendments related to higher education policy.

Uncertainty about the parliamentary process for adopting these measures led the President to use postal procedures to request constitutional scrutiny when certain MPs could not participate in Sejm work. The intention was to ensure oversight while lawmakers were unavailable due to general elections. This approach was reported by the President’s Chancellery and echoed by parliamentary observers.

Readers are invited to consider the implications: how will the President’s decision influence legislative timing and constitutional review? The official statement hints at further steps in similar situations, signaling a readiness to employ postal controls as a standard instrument when parliamentary activity is constrained. [Citation: Chancellery of the President of the Republic of Poland; [Citation: wPolityce.pl]]

Additional context and analysis are available within the publication ecosystem that covers political and legal developments in Poland during this period. The sources cited here reflect the President’s stance and the formal channels through which these actions were announced. [Citation: wPolityce]

Source: internal communications and official channels of the Presidency, as summarized for public record and policy tracking. [Citation: Chancellery of the President; [Citation: wPolityce.pl]]

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