On 16th February 2011, the law of the 20th November 2010 on the liability with the entire property for public officers for gross law infringements was published in the Polish legal gazette. This law governs the principals on the liability of the entire property of public officers towards the exchequer, public corporations and other subjects, which are liable for damages incurred during the exercise of their official rights by gross infringement of law or duties. Those new regulations are coming into force on 17th May 2011.
The aforementioned law blows a breach into the current practice, where a public officer cannot be held liable with his entire property for malfeasance or an act lacking legal grounds. However this does not mean that a public officer is directly liable towards the person or institution to which - due to the gross infringement of law - a damage arose. The liability towards those third parties is still borne by the exchequer and the public corporations (liable party). In case of an indemnification, the management body of the liable party is obliged to get regress from the public officer responsible for the damage, whereby the regress is limited to a maximum of a twelvefold of his monthly salary.