Perypetie projektu ustawy o prawie prywatnym międzynarodowym na końcowym etapie procesu legislacyjnego

Abstract

On 31 October 2008, the Polish Prime Minister has sent the draft of the new Act on Private International Law to the Parliament. The first debate on the draft (so called “First Reading”) was held on 21 November 2008. All of the parliamentary groups have taken a favourable approach towards the draft. It was then sent to the Justice and Human Rights Commission, which has created an extraordinary subcommittee to further proceed with the work on the draft. After 16 hard‑working and occasionally heated sessions, the subcommittee has finalized its work on 9th August 2010. Relying on the report from the subcommittee, the Justice and Human Rights Commission has adopted the draft on 2 December 2010. During the Second Reading, one of the parliamentary groups has proposed 21 amendments to the draft. In the present article, the author critically discussed these propositions and argues that it was right to reject them. On 18th January 2011, the Justice and Human Rights Commission has decided to reject all of the proposed amendments but for one, which was to be made in article 54a. This amendment read: “A marriage in the understanding of the present act is only a relationship between a man and a woman. The rules of the foreign law relating to partnerships of persons of the same sex shall not be applied.” On 4th February 2011, the Parliament has enacted the Act without any amendments to the draft. There were some propositions for amendments during the deliberation in Senate. Finally however, on 3rd March 2011 the Senate has adopted the Act without any amendments. The Act has entered into force on 16th May 2011.