The Office of Civil Rights in an official communication informed, that “is conducting proceedings in the case of application by a claim against a judgment ordered to pay compensation for the noxious odor from the pig house.” a application for a claim in the case of Simon Kluki has been filed by the Minister of Agriculture and Redevelopment of Village. What stage is the proceeding at?
At the current stage of the case claim by RPO is impossible, because there is waiting for a cassation complaint brought to the Supreme Court by the attorney of the farmer. A complaint extraordinary against final decision can be brought only when, when such judgment cannot be repealed or changed in the templation of
other extraordinary means of recourse, that is for example. in the tribe cassation – explains RPO.
Read
more
Szymon Kluka has filed a cassation complaint to the court and has discussed with minister Siekierski
Inadmissible cassation cases
Key for the case, as explains the Office of the RPO, it turned out that a cassation complaint was filed by attorney Szymon Kluki to the Supreme Court.
– Filing a cassation complaint by a party excludes – in the cassation complaint by the Prosecutor General, Ombudsman Civil Rights or Ombudsman Rights of Children. A law does not provide the possibility for the Respondent to cassation proceedings, when a party submits such complaint.
According to the Act on the Supreme Judge claim against a final judgment becomes permissible then, when the decision cannot be repealed or replaced in the templation of other extraordinary measures of appeal. In
concerning that the current review by the Supreme Court waits a cassation complaint brought by the
attorney of the farmer, claiming claim by the Counsel for civil Rights is not allowable – explains
RPO.
Read more
Disaster of the year for resort agriculture? The Case Simon Kluki
For reminder…. Case Szymon Kluka
Szymon Kluka, a farmer from Grodzisk near Lodz, had to pay compensation to neighbors, who were disturbed by the odors and noises from his farm, though the host had not broken any regulations, cultivating the land and keeping a small farm water.
First the District Court, and then the Court of Appeals in Lodz recognized however, that the farm Kluki causes excessive immissions, which may be a nuisance to its neighbors. Minister of Agriculture Cesław Siekierski
offered the farmer help and meeting with the Representative of Civil Rights, who from the college had to appeal with an ordinary complaint to
the Supreme Court. Kluka did not get this meeting, and with no guarantees, that the obligations of the minister would be fulfilled
– in late October he himself complained against the wronged judgment.
Read more
RPO about the Kluki
A how views the case of the farmer from Lodz the Representative of Civil Rights? In published on the PPO website we read:
“There was a dispute between the farmer and the neighbors due to the nuisance resulting from the production of cattle. Neighbors challenged the final decision of 2011 on the permit to construct a building with trains. Stated in 2018 . The General Inspector of Building Supervision refused to determine its invalidity, a complaint by the neighbors of the
farmer to the court.Administrative was legally dismissed. Neighbors, who are disturbed by odors reaching into their properties from the piggery, have appeared
with civil action. In September 2024 year, the Court of Appeals held in might the decision of the District Court. The Court recognized,
that the impact of expanded activity exceeds above the average magnitude, which currently is accepted in this location. According to the judgment the farmer must pay to the individual neighbor and comply with the recommendations for management of the farm and keeping breeding.”
Read more
Wandering acts
A how RPO explains the four month delay in reaction, since – as we read -Minister of Agriculture and Development of Village returned to the Commissioner on this issue at the end of September 2024 year?
“The analysis of the case in the Office of the RPO could not be conducted without being acquainted with the acts of the proceedings, about which the Bureau RPO appeared to the court on 3 October 2024 year. In relation to that the court had loaned the acts to the National Prosecutor’s Office,
the RPO received on 13 December 2024 year.” -explains in the communication Representative.
These interpretations are delicately speaking surprising. Because first, both the
Ministry of Agriculture, as and Szymon Kluka also have full documentation of this issue and could have at any time show RPO.
No, but may that procedures in force RPO do not provide.
However, it is difficult only to understand, why the judicial acts dropped for three months in the National Prosecutor’s Office, since – according to the declarations of the minister – the case was to be handled by the RPO, and that he had to with an claim to the Court of Emergency. Why the case of Simon Kluki interested the National Prosecutor’s Office – is unknown, and no there are any reports, that PK had any steps in the relationship with her .
Read more
He has become the face of Poland’s production of animals. How does feel about and will receive help?
In a year, maybe two…
The Ombudsman warns in the published communiqué, that “always conduct activities on the law and in its borders.” therefore
in this issue while which intervenes cannot, but “the matter remains in the Counsel’s interest.” Notes also, that “according
to the rules, an casualty complaint may be filed within a year after the day of recognition of
the casualty complaint.”
Szymon Kluka – yes – has filed a cassation complaint, but has not even yet sure,
that the Highest Court will decide to consider it. Till what knows is that the Appellate Court in Lodz has transferred the complaint to
SN. If the Highest Judge of the complaint takes up and comes to proceedings, considering the average time taking of such proceedings, SimonKlukaexpectsthatmayberecommendedinayear,amayandafter.ARPOwillhaveannextyear,toeventuallyapplywithanemergency complaint,iftheresolutionwillbeunfavorabletothe farmer.
