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Amendments to the Act on the Institute of National Remembrance K 1/18

Ref. No. K 1/18

 

JUDGMENT
IN THE NAME OF THE REPUBLIC OF POLAND

 

Warsaw, 17 January 2019

The Constitutional Tribunal, composed of :

Julia Przyłębska – Presiding Judge
Grzegorz Jędrejek
Zbigniew Jędrzejewski
Michał Warciński
Andrzej Zielonacki – Judge Rapporteur,

 

having considered, at a sitting in camera on 17 January 2019 – 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 President of the Republic of Poland with the Tribunal for it to consider the conformity of:

the Act of 26 January 2018 amending the Act on the Institute of National Remembrance – the Commission for the Prosecution of Crimes against the Polish Nation,the Act on Military Graves and Graveyards, the Museums Act as well as the Act on the Criminal Liability of Collective Entities for Punishable Offences (Journal of Laws – Dz. U. item 369):

a)  as regards Article 55a, added to the Act of 18 December 1998 on the Institute of National Remembrance – the Commission for the Prosecution of Crimes against the Polish Nation (Journal of Laws – 2016, item 1575, as amended), with Article 2 as well as Article 42(1) in conjunction with Article 31(3) and Article 54(1) in conjunction with Article 31(3) of the Constitution of the Republic of Poland,

b)  Article 1(1)(a), third indent, in the part comprising the wording „Ukrainian nationalists and”, as well as Article 2a, in the part comprising the wording “Ukrainian nationalists” as well as „and the Region of Małopolska Wschodnia”, as added to the aforementioned Act of 18 December 1998, with Article 2 and Article 42(1) in conjunction with Article 31(3) of the Constitution,

adjudicates:

1. Article 1(1)(a), third indent, of the Act of 18 December 1998 on the Institute of National Remembrance – the Commission for the Prosecution of Crimes against the Polish Nation (Journal of Laws – Dz. U. of 2018, items  2032 and 2529), as amended by Article 1(1)(a) of the Act of 26 January 2018 amending the Act on the Institute of National Remembrance – the Commission for the Prosecution of Crimes against the Polish Nation,the Act on Military Graves and Graveyards, the Museums Act as well as the Act on the Criminal Liability of Collective Entities for Punishable Offences (Journal of Laws – Dz. U. item 369), in the part comprising the wording “Ukrainian nationalists and”, is inconsistent with Article 2 of the Constitution of the Republic of Poland, and the principle of specificity of legal provisions derived therefrom, as well as with Article 42(1) of the Constitution.

2. Article 2a of the Act of 18 December 1998 referred to in point 1 above, added by Article 1(2) of the Act of 26 January 2018 referred to in point 1 above:

a) in the part comprising the wording “Ukrainian nationalists and” as well as “by Ukrainian nationalists” in the first sentence,

b) in the part comprising the wording “Ukrainian nationalists and” as well as “and the Region of Małopolska Wschodnia” in the second sentence

– is inconsistent with Article 2 of the Constitution of the Republic of Poland, and the principle of specificity of legal provisions derived therefrom, as well as with Article 42(1) of the Constitution.

 

Moreover, the Tribunal decides:

pursuant to Article 59(1)(2) and Article 59(1)(4) 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 adopted by a majority vote.

Julia Przyłębska
Grzegorz Jędrejek
Zbigniew Jędrzejewski
Michał Warciński
Andrzej Zielonacki