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A lawyer's recollections

Today the number has increased to around a dozen or so from different cab companies. Two years later, when I permanently relocated to Poland from the States, I was surprised to be greeted at Warsaw airport by a horde of smiling, friendly taxi drivers waiting just outside customs and offering to take me to wherever I wanted to go for a 'normal' rate. Fortunately for me, my future wife, Elizabeth, was waiting for me and saved me from all of these nice gentlemen. Five years later, these friendly taxi drivers still greet arriving passengers just outside customs, offering normal rates. By the way, if you engage one of these gentlemen in negotiations, you quickly learn that the 'normal' rate ranges from zł.80 to zł.150 to the center of town. Reputable taxis will take you there for about zł.26.

When I first arrived in Poland, Elizabeth and I did almost all of our shopping in small markets or kiosks, just off of Plac Wilsona. We did not own a car, so it was not very convenient to shop at the larger hypermarkets. We were content to pay slightly higher prices for the convenience, and for me to be able to practice my Polish skills on the local shopkeepers. Our apartment only had 32 square meters. Our kitchen looked more like a closet, and our living room also served as a bedroom and dining room. The building was a pre-war block, badly in need of repair. Our lovely neighbor directly above us had a tendency to flood our apartment on a weekly basis, and, of course, she had no money or insurance to repair the damage. But, despite the problems, we were very happy, especially as the monthly rent was only zł.700.

Five years ago, Elizabeth, worked at the Faculty of Art History at the University of Warsaw. She earned zł.550 a month. I arrived in Poland with a law degree and a list of law firms to contact. Five years on and a few employers later, Elizabeth and I have moved to a larger and newer apartment, paying double the amount of rent as before. Along the way, Elizabeth gave birth to our first child, Matthew (Mateusz). Indeed, one change that has occurred during the past few years is the easing of restrictions on naming your child. Previously, parents had to register their newborn children using recognized Polish names, even if one parent was a foreign national. Today, however, the regulations have been relaxed, at least with respect to children of parents if at least one is a non-Polish citizen. In order to get married in Poland, I had to appear in court and convince the judge that I had the legal right to marry a Polish citizen, meaning that I had to swear that there wasn't another Mrs. Fogo back in the States. There wasn't, except for my mother, and I was granted permission to marry. Following EU accession, non-EU citizens will still need to appear before a judge to obtain permission to marry a Polish citizen in Poland.

Today, we do most of our shopping at larger supermarkets, having tired of not knowing just how long our favorite street vendor has had the same meat for sale. The number of shopping centers and supermarkets in Warsaw has, to say the least, grown with no slow-down in sight. In 1999, Klif opened its doors in central Warsaw, followed quickly by Galeria Mokotow, Sadyba Mall, Fort Wola, Wola Park, Targowek, Promenada, etc. Recent changes to Polish law in advance of EU accession has meant increased health and food safety, increased competition and generally greater selection. One stumbling block, however, continues to be Poland's antiquated and often conflicting zoning laws, which continue to hinder shopping center development outside of Warsaw.

Another change I have noticed during the past five years is a decline in the number of foreign nationals in Poland. While the number of foreign companies operating in Poland continues to grow, foreign management continues to be replaced by local Poles. The decline is a recognition of the fact that 15 years on from the fall of the Berlin Wall, Poland has developed a large and viable professional class. A few years ago a typical work day for me included providing legal advice to foreign companies wishing to set up operations in Poland. Today, the opposite is true. More and more Polish companies are expanding into new markets outside Poland. With EU membership, I suspect the number will increase even more.

With the unemployment rate hovering around 20 percent, one change that many Poles hoped would happen with accession was the right to work and relocate freely to other parts of the EU. Unfortunately, as the date for accession has drawn near, each member state, with the exception of the UK and Ireland, have signaled their intent to place restrictions on Polish workers for an initial period of two years, with the option to extend such restrictions to seven years. Poland will most likely respond by imposing similar restriction on nationals from those EU states on a reciprocal basis. Referred to as derogation periods in the Treaty of Accession, this is one change I had hoped would not occur.

After five years of living in Poland, I am ready to apply for permanent residency. The procedure to renew work permits and obtain temporary residency permits has, I am happy to report, eased over the past five years. Previously, a foreign national was required to return to his or her home country to apply for a new residency permit at the Polish consulate. No longer. Now, following recent changes, foreign nationals may renew their residency permits in Poland without the need to return to their home country. A definite improvement.

One change that I am not looking forward to is the expected rise in the price of automobiles manufactured in the EU and the increase in VAT on construction materials. Alternatively, I am looking forward to the expected decrease in the price of airline tickets due to the EU's open sky regulations. And as for the private taxi drivers waiting for unsuspecting visitors at Warsaw airport, I see no change in sight there as a result of EU accession.

Paul Fogo is a senior attorney with Miller Canfield and the proud father of Mateusz.

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