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The Auditing Union of Housing Cooperatives in Poland.
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The Auditing Union of Housing Cooperatives in Poland Message of the petition to the EuropeanParliament and the motivation of making the initiative.Case study: violations of housingcooperative law and othercooperativesectors in Poland as a result of International CooperativePrinciples' status. Mr. Jerzy Jankowski - President of the Auditing Union of HousingCooperatives in Poland Mr. Piotr Pałka - Legaladvisor to the Auditing Union of HousingCooperatives in Poland
The Auditing Union of Housing Cooperatives in Poland On 3-4 April 2014 in Warsaw took place The General Assembly of the International Cooperative Alliance (Cooperatives Europe). During the Assembly the resolution on supporting the amendment to cooperative legislation in Europe, subject among others in relation to Poland was taken. In this resolution, stated that "In many European countries is being made an overview of cooperative legislation. It is a desirable process to create a modern and progressive set of legal acts supporting development of the cooperative in all Europe.
The Auditing Union of Housing Cooperatives in Poland At the same time, in several European countries, including Poland, some amendments heading to reducing cooperative self-management. This raises great concern of the International Cooperative Alliance, and especially Cooperatives Europe as a region of Europe International Cooperative Alliance." Due to the lack of legal nature of co-operative principles there is also observed in international dimension the process following the model of company law applies as pattern to the co-operatives, like a simple capital utilization organization, erasing their essential characteristics and resulting competitive disadvantage to the co-operatives which apply consistently the principles including ethical limitations.
The Auditing Union of Housing Cooperatives in Poland It is desirable the granting legal nature to international cooperative principles, which of consideration specifics various co-operatives countries States - in case of contradictions national regulation of international principles forming cooperative “de lega ferenda” the source of European Union law.
The Auditing Union of Housing Cooperatives in Poland International cooperative principles should stay entered as a principle of law of the European Union power directly effective, where every Member States - especially when enacting laws in the field of cooperative – should be used.
The Auditing Union of Housing Cooperatives in Poland Unfortunately because of the status quo of the international cooperative principles it was possible that on the 9th September 2017 r. new Law on housing cooperatives has come into force (Polish Official Journal: Dz.U.2017.1596).
The Auditing Union of Housing Cooperatives in Poland T The new law on housing cooperatives is very dangerous and lead to the liquidation of the polish housing cooperatives, because new law includes unconstitutional amendmends, contrary to the international cooperative principles such as: he Auditing Union Poland
The Auditing Union of Housing Cooperatives in Poland - liquidation of the housing cooperative’s right to exclude members that act contrary to the internal rules and procedures or legal acts (e.g. members that do not pay their bills);
The Auditing Union of Housing Cooperatives in Poland - liquidation of the own funds of the housing cooperatives which causes the lack of stability of the housing cooperatives, and what is the most important only own funds of housing cooperatives will be liquidated, other cooperative sectors will be able to possess their own funds, so polish housing coopratives will be discriminated in comparison with other coopertives and private companies;
The Auditing Union of Housing Cooperatives in Poland - promotes the system of members of the housingcooperatives with debtsbecauseeachmember do not have to paytheirbills as long as the casecomesat the court;
The Auditing Union of Housing Cooperatives in Poland - limiting the authority of the management and supervisory boards of the housing cooperaives by giving the authority of these boards out of the housing cooperative law which means that each decision must be taken by all members making it impossible for housing cooperatives to make decisions and function.
The Auditing Union of Housing Cooperatives in Poland Polish Minister of Foreign Affairs Mr. Wilold Waszczykowski sent a letter to Mr. Jankowski dated 11 December 2016 (DPE.2340.55.2016/2) with gratulations on the petition to the European Parliament and the motivation of making the initiative. In that letter Polish Minister supported polish – hungarian initiative and made a declaration that he will be supporting the initiative among V4 Group and EU forum.
The Auditing Union of Housing Cooperatives in Poland We have to remember about the potential of european cooperative sector. This sector is also able to start a european citizen’s initiative based on the european regulation on european citizen’s initiative. We have no doubt that there will possibility to collect 1 million votes for our initiative including all requirements stated in this regulation. This regulation is now being revised so we have to be up to date.
The Auditing Union of Housing Cooperatives in Poland Thank you for your attention
