The free-of-charge ex lege acquisition of property by the State Treasury (introductory provisions to the National Court Register Act) P 13/18
Ref. No. P 13/18
JUDGMENT
IN THE NAME OF THE REPUBLIC OF POLAND
Warsaw, 11 December 2019
The Constitutional Tribunal, composed of:
Zbigniew Jędrzejewski – Presiding Judge
Leon Kieres – Judge Rapporteur
Julia Przyłębska
Piotr Pszczółkowski
Andrzej Zielonacki,
having considered, at a sitting in camera on 11 December 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 question of law filed by the Circuit Court for the District of Warszawa-Praga in Warsaw as to whether:
Article 9(2b) of the Act of 20 August 1997 – the Introductory Provisions to the National Court Register Act (Journal of Laws – Dz. U. No. 121, item 770, as amended), taking account of the amendment introduced by Article 3 of the Act of 28 November 2014 amending the National Court Register Act and certain other acts (Journal of Laws – Dz. U. item 1924), is consistent with Article 21(2), Article 32, Article 64 and Article 77 of the Constitution,
adjudicates:
Article 9(2b), third sentence, of the Act of 20 August 1997 – the Introductory Provisions to the Act on the National Court Register (Journal of Laws – Dz. U. No. 121, item 770, of 2000 No. 114, item 1194, of 2002 No. 1, item 2, of 2003 No. 217, item 2125, of 2010 No. 106, item 671, of 2013 item 1622 as well as of 2014 item 1924) is inconsistent with Article 64(1) in conjunction with Article 31(3) of the Constitution of the Republic of Poland.
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 as well as of 2019, item 125), to discontinue the proceedings as to the remainder.
The ruling was adopted by a majority vote.
Zbigniew Jędrzejewski
Leon Kieres
Julia Przyłębska
Piotr Pszczółkowski
Andrzej Zielonacki