The amount of a minimum fee for legal representation by a court-appointed counsel in appeal proceedings SK 83/19
Ref. No. SK 83/19
JUDGMENT
IN THE NAME OF THE REPUBLIC OF POLAND
Warsaw, 13 June 2023
The Constitutional Tribunal, composed of:
Piotr Pszczółkowski – Presiding Judge
Jarosław Wyrembak – Judge Rapporteur
Andrzej Zielonacki,
having considered, at a sitting in camera on 13 June 2023 – 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. of 2019, item 2393) – Mr J.S.’s constitutional complaint lodged with the Constitutional Tribunal to assess the conformity of:
§ 16(1)(2) of the Regulation of 3 October 2016 issued by the Minister of Justice with regard to the State Treasury’s payment of the costs of unpaid legal representation provided by court-appointed advocates (Journal of Laws – Dz. U. item 1714) with Article 7, Article 64(1) in conjunction with Article 31(3) and Article 92(1) of the Constitution,
adjudicates as follows:
§ 16(1)(2) of the Regulation of 3 October 2016 issued by the Minister of Justice with regard to the State Treasury’s payment of the costs of unpaid legal representation provided by court-appointed advocates (Journal of Laws – Dz. U. of 2019 item 18, as amended) is inconsistent with Article 92(1), first sentence, in conjunction with Article 64(1) of the Constitution of the Republic of Poland.
Moreover, the Tribunal decides:
to discontinue the proceedings as to the remainder.
The ruling was unanimous.
Piotr Pszczółkowski
Jarosław Wyrembak
Andrzej Zielonacki