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No appeal against results of restructuring advisor and sworn translator exams – Ministry of Justice responds

The HFHR received the Ministry of Justice’s letter on the absence of an option to appeal against the results of examination for the restructuring advisor and sworn translator licences.

Let us remind our readers that in April 2016 the HFHR reach out to the Ministry, arguing that the possibility of appealing against the results of exams has been provided for numerous professions. However, such a solution does not exist in the Sworn Translators Act or the Restructuring Advisor Licence Act. This may cause an unjustified inequality in access to professions of public trust within the Polish legal system.

In response to the HFHR’s appeal, the Ministry of Justice highlighted the fact that the submitted comments were incorporated in ongoing analytical work on the implementation of changes improving the quality and effectiveness of administrative receivers and other insolvency professionals. Nevertheless, the Ministry of Justice stated that the exam for the restructuring advisor’s license is organised at least twice a year. This allows interested parties to retake the exam after several months. Given the above, a failed exam does not create excessive difficulties in acquiring the license of a restructuring advisor.

On the other hand, the matter of sworn translator exams is analysed as part of the works conducted by a team of the Ministry of Justice responsible for reviewing and evaluating the Sworn Translators Act. The Ministry’s letter stated that the earlier changes in sworn translators laws had omitted the matters connected with the exams. That is why a decision has been made to set up a team tasked with developing new provisions regulating this matter.

The Ministry of Justice also stated that the final position on the possibility of filing an appeal against the results of the exams would be formulated after the completion of the works on the provisions concerning the above professions. “In our opinion, the introduction of clear rules governing appeals against the results of an exam would be a good legislative solution. This is supposed to lead to a situation in which access to the professions of public trust is not arbitrarily restricted”, stated Katarzyna Wiśniewska, a lawyer of the HFHR.

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