Abstract
The purpose of the considerations hereinunder is an attempt to define a new, legal status of State Attorney Office (State Representation Office) of the Republic of Poland (RP), constituting – in theory – the completion of the construct of State Treasury as an administrator of public property, combining modernity and tradition in the area of counseling and state representation in court (for the purpose of litigation). Against the background of the changes having been introduced, involving, in particular, extension of competences of State Attorney Office of RP, there appears a question if the model of state representation constructed in a centralized way – defined in trading as ‘model of traditional modernity’ will provide effective representation and protection of state property.
Highlights
Against the background of the changes having been introduced, involving, in particular, extension of competences of State Attorney Office of Republic of Poland (RP), there appears a question if the model of state representation constructed in a centralized way – defined in trading as ‘model of traditional modernity’ will provide effective representation and protection of state property
In accordance with Polish tradition State Attorney Office has always been a completion of the construct of State Treasury as an administrator of public property, Office which – with breaks – has performed the functions of institutional, legal representative of State Treasury in the form of a state office, modeled on Austrian solutions
State Attorney Office of the Republic of Poland (SAO RP) as an institution with judicial, litigious and advisory functions in the area of the protection of public property largely remains in legal symbiosis with the construct of State Treasury, symbolizing the state in private trading
Summary
In accordance with Polish tradition State Attorney Office has always been a completion of the construct of State Treasury as an administrator of public (state) property, Office which – with breaks – has performed the functions of institutional, legal representative (in court) of State Treasury in the form of a state office, modeled on Austrian solutions. State Attorney Office of the Republic of Poland (SAO RP) as an institution with judicial, litigious and advisory functions in the area of the protection of public property largely remains in legal symbiosis with the construct of State Treasury (fiscus), symbolizing the state in private trading. Manifestations of preference of State Treasury, which more and more extensively benefits from authority powers granted by the regulations of numerous statutes, undermine the myth of State Treasury as a private law person, which functions to a natural person as a private individual in private law trading It guides national theoretical thought rightly in the direction of European solutions, treating fiscus (state treasury) as a public law entity which keeps authority powers to the extent necessary (typical of public law entities) and, may perform in trading on the basis of relative equality with an individual. Wokół instytucji Skarbu Państwa, ‘Rejent’ 1992, No 10, p. 19
Sign-in/Register to view highlights & summary Sign-in/Register to access full text options 
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a callDisclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.
