Residential premises provided by authorities on the basis of an employment relationship – the acquisition of a legal title SK 29/16
Ref. No. SK 29/16
JUDGMENT
IN THE NAME OF THE REPUBLIC OF POLAND
Warsaw, 15 November 2017
The Constitutional Tribunal, in a bench composed of:
Piotr Tuleja – Presiding Judge
Piotr Pszczółkowski
Małgorzata Pyziak-Szafnicka – Judge Rapporteur
Stanisław Rymar
Andrzej Zielonacki,
having considered, at a sitting in camera on 15 November 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 K. M. with the Tribunal to review the conformity of:
Article 90 in conjunction with Article 95(3)(3), in conjunction with Article 95(4), in conjunction with Article 97(5) of the Act of 6 April 1990 on the Police (Journal of Laws – Dz. U. of 2015, item 355), in conjunction with Article 3(2) and (3) of the Act of 21 June 2001 on the Protection of Tenants’ Rights, on Municipal Housing, and on Amendments to the Civil Code (Journal of Laws – Dz. U. of 2014, item 150) – insofar as they require that, on the basis of an administrative decision, residential premises which are, on the day of the issuance of the said decision, managed by authorities subordinate to the Minister of the Interior be vacated by all persons living there, including minors, except for a police officer or his/her family member, in a situation where persons living on the premises without a legal title have not been provided with substitute premises they could occupy, even temporarily, and where those persons are unable to provide themselves with new dwellings, and where the legality of the decision about vacating the premises falls within the scope of the jurisdiction of administrative courts – to Article 30, Article 71(1) as well as Article 75(1) of the Constitution of the Republic of Poland,
adjudicates as follows:
Article 90 in conjunction with Article 95(3)(3), in conjunction with Article 95(4), in conjunction with Article 97(5) of the Act of 6 April 1990 on the Police (Journal of Laws – Dz. U. of 2017 item 2067), in conjunction with Article 3(2) and (3) of the Act of 21 June 2001 on the Protection of Tenants’ Rights, on Municipal Housing, and on Amendments to the Civil Code (Journal of Laws – Dz. U. of 2016, item 1610 as well as of 2017 items 1442 and 1529) are consistent with Article 30, Article 71(1) as well as Article 75(1) of the Constitution of the Republic of Poland.
The ruling was unanimous.
Piotr Tuleja
Piotr Pszczółkowski
Małgorzata Pyziak-Szafnicka
Stanisław Rymar
Andrzej Zielonacki