The article presents the issue of compliance of the Polish Constitution with the Act of 11 September 2015 on the entitlement to the property of the Holiday Employee Fund (Dz.U. No. 1824). The author presents the origins of the organization, and what changes have taken place in its legal status. The Act regulating the status of assets after Holiday Employee Fund was declared unconstitutional in 1997. The legislator had to regulate this issue again, which did not happen until 2015. The author estimates the new regulation based on the constitutional principles of protection of property rights, democratic rule of law, non-retroactivity and certainty of real estate transactions.

Compensation in the Light of the Constitution of the Republic of Poland and the Civil Code

The article discusses the issue of compensation in the light of the provisions of the Polish Constitution and the Civil Code. The Constitution primarily deals with compensation for expropriation for public purposes, while the compensation provided in the Civil Code reflects the realization of the idea of justice, which is one of the fundamental principles of Polish private law, ensuring the compensation for the damage caused to rights and interests protected by law. The Constitution refers to just compensation, while the Civil Code speaks of full compensation. The author argues that these terminological differences do not deprive the entitled person, under both the Constitution and the Civil Code, of the right to full compensation. Referring to the situations discussed, the author demonstrates that, while the principle of full compensation is not an absolute rule and the law allows for compensation to be awarded at a lower amount than the actual damage, the same approach should apply to the constitutional principle of just compensation. To ensure satisfaction for individuals deprived of their rights through expropriation, the author proposes introducing a legal solution whereby an individual dissatisfied with the amount of compensation received could apply to a common court for a review of the compensation amount. This approach would, on the one hand, safeguard the public interest in acquiring the necessary rights to achieve a public purpose, while, on the other hand, protect those affected by expropriation through an independent body separate from the expropriation procedure participants.