The Environmental Protection Act K 2/17
Ref. No. K 2/17
JUDGMENT
IN THE NAME OF THE REPUBLIC OF POLAND
Warsaw, 7 March 2018
The Constitutional Tribunal, composed of:
Małgorzata Pyziak-Szafnicka – Presiding Judge
Grzegorz Jędrejek
Piotr Pszczółkowski
Piotr Tuleja
Michał Warciński – Judge Rapporteur,
having considered, at a sitting in camera on 7 March 2018 – in accordance with Article 92(1)(1) of the Act of 30 November 2016 on the Organisation of the Constitutional Tribunal and the Mode of Proceedings Before the Constitutional Tribunal (Journal of Laws – Dz. U. item 2072) – an application lodged by the Ombudsman with the Tribunal to consider the conformity of:
Article 129(4) of the Environmental Protection Act of 27 April 2001 (Journal of Laws – Dz. U. of 2016 item 672, as amended) to:
– Article 64(1) in conjunction with Article 31(3) and in conjunction with Article 64(3) of the Constitution;
– Article 2 of the Constitution;
– Article 1 of Protocol no. 1 to the Convention for the Protection of Human Rights and Fundamental Freedoms (Journal of Laws – Dz. U. of 1995 No. 36, item 175, as amended);
– to Article 64(2) in conjunction with Article 32(1) of the Constitution;
adjudicates as follows:
I
Article 129(4) of the Environmental Protection Act of 27 April 2001 (Journal of Laws – Dz. U. of 2017 items 519, 785, 898, 1089, 1529, 1566, 1888, 1999, 2056 and 2290 as well as of 2018 items 9 and 88) is inconsistent with Article 64(1) in conjunction with Article 31(3) of the Constitution of the Republic of Poland.
II
The provision referred to in part I of this judgment will cease to have effect after the lapse of 12 (twelve) months from the date of the publication of this judgment in the Journal of Laws of the Republic of Poland.
Moreover, the Tribunal decides:
pursuant to Article 59(1)(3) of the Act of 30 November 2016 on the Organisation of the Constitutional Tribunal and the Mode of Proceedings Before the Constitutional Tribunal (Journal of Laws – Dz. U., item 2072), to discontinue the proceedings as to the remainder.
The ruling was unanimous.
Małgorzata Pyziak-Szafnicka
Grzegorz Jędrejek
Piotr Pszczółkowski
Piotr Tuleja
Michał Warciński