The impossibility of appealing, by means of a cassation appeal, against a decision of the Supreme Administrative Court which rejects a request to reopen proceedings before the Supreme Administrative Court, adjudicating for the first time on the matter. SK 26/17
Ref. No. SK 26/17
JUDGMENT
IN THE NAME OF THE REPUBLIC OF POLAND
Warsaw, 15 May 2019
The Constitutional Tribunal, composed of:
Andrzej Zielonacki – Presiding Judge
Grzegorz Jędrejek
Justyn Piskorski
Julia Przyłębska
Stanisław Rymar – Judge Rapporteur,
having considered, at a sitting in camera on 15 May 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, as amended) – the constitutional complaint submitted by Towarzystwo Zakładów Chemicznych „Strem” S.A., a joint-stock company with its registered office in Konstancin-Jeziorna, for the Tribunal to consider the conformity of:
Article 173(1) of the Act of 30 August 2002 on Proceedings Before Administrative Courts (Journal of Laws – Dz. U. of 2012 item 270, as amended) – insofar as it does not provide for the possibility of appealing, by means of a cassation appeal, against a decision of the Supreme Administrative Court which rejects a request to reopen proceedings before the Supreme Administrative Court, adjudicating for the first time on the matter, to Article 45(1), to Article 45(1) in conjunction with Article 77(2), to Article 45(1) in conjunction with Article 32(1), to Article 78 in conjunction with Article 45(1) as well as to Article 78 in conjunction with Article 176(1) and in conjunction with Article 45(1) of the Constitution of the Republic of Poland,
adjudicates as follows:
Article 173(1) of the Act of 30 August 2002 on Proceedings Before Administrative Courts (Journal of Laws – Dz. U. of 2018, items 1302, 1467 and 1629, and of 2019, item 11) – insofar as it does not provide for the possibility of appealing, by means of a cassation appeal, against a decision of the Supreme Administrative Court which rejects a request to reopen proceedings before the Supreme Administrative Court, adjudicating for the first time on the matter, is consistent with Article 45(1) in conjunction with Article 77(2) as well as in conjunction with Article 32(1) of the Constitution of the Republic of Poland.
Moreover, the Tribunal decides:
pursuant to Article 59(1)(2) 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 as well as of 2019, item 125), to discontinue the proceedings as to the remainder.
The ruling was unanimous.
Andrzej Zielonacki
Grzegorz Jędrejek
Justyn Piskorski
Julia Przyłębska
Stanisław Rymar