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Parliamentary questions
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8 November 2017
Question for written answer P-006867-17
to the Commission
Rule 130
Janusz Zemke (S&D)

 Subject:  Restrictions on housing cooperatives' freedom to act in Poland
 Answer in writing 

I have been contacted by representatives of housing cooperatives in Poland with information on what they see as a violation of the legal norms in the EU Treaties, including Article 2 TEU, by amendments to the law on housing cooperatives adopted in Poland on 20 July 2017 (2017 Official Gazette, item 1596).

They contend that the legal measures adopted drastically reduce the possibility of freedom to act, among other things by a de facto suppression of housing cooperatives’ share and resource funds. They are being stripped of funds which are essential to their capacity to operate. Consequently, the amendments may be seen as an unacceptable restriction to freedom of establishment in the Member States, which is guaranteed for cooperatives — including housing cooperatives — by the provisions of the Treaty on the Functioning of the European Union (Articles 49, 50 and 54).

According to cooperative members, the national legislation adopted is contrary to the Constitution of the Republic of Poland and, as a result, under normal circumstances should be challenged by the Constitutional Court. At the moment this is not realistic, due to the Constitutional Court being paralysed in its work.

With this in mind, I would like to ask when the Commission will address the complaints of representatives of housing cooperatives and how it might help secure improvements to the legal standards surrounding housing cooperatives in Poland, in line with EC law?

Original language of question: PL 
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