The terms of granting childcare allowances to supplement family benefits during the period of parental leave SK 36/15
Ref. No. SK 36/15
JUDGMENT
IN THE NAME OF THE REPUBLIC OF POLAND
Warsaw, 27 September 2017
The Constitutional Tribunal, in a bench composed of:
Julia Przyłębska – Presiding Judge
Henryk Cioch
Zbigniew Jędrzejewski
Leon Kieres – Judge Rapporteur
Piotr Pszczółkowski,
having considered, at a sitting in camera on 27 September 2017 – 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) – a constitutional complaint lodged by Ms M. W. with the Tribunal to review the conformity of:
Article 10 of the Act of 28 November 2003 on Family Benefits (Journal of Laws – Dz. U. of 2013 item 1456) – insofar as it provides for a family benefit to be supplemented with only one childcare allowance during the period of parental leave, irrespective of the number of children born at one birth – to Article 32, Article 71(1) and Article 72(1) of the Constitution of the Republic of Poland,
adjudicates as follows:
Article 10(1) of the Act of 28 November 2003 on Family Benefits (Journal of Laws – Dz. U. of 2016 items 1518 and 1579 as well as of 2017 items 60, 624, 777 and 1428) – insofar as it provides for a family benefit to be supplemented with only one childcare allowance during the period of parental leave, irrespective of the number of children born at one birth – is consistent with Article 32(1) in conjunction with Article 71(1), second sentence, of the Constitution of the Republic of Poland as well as is not inconsistent with Article 72(1), second sentence, of the Constitution.
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), to discontinue the proceedings as to the remainder.
The ruling was adopted by a majority vote.
Julia Przyłębska
Henryk Cioch
Zbigniew Jędrzejewski
Leon Kieres
Piotr Pszczółkowski