The right to receive a food parcel by persons deprived of liberty SK 10/16
Ref. No. SK 10/16
JUDGMENT
IN THE NAME OF THE REPUBLIC OF POLAND
Warsaw, 19 December 2017
The Constitutional Tribunal, in a bench composed of:
Julia Przyłębska – Presiding Judge
Henryk Cioch – Judge Rapporteur
Zbigniew Jędrzejewski
Mariusz Muszyński
Justyn Piskorski,
having considered, at a sitting in camera on 19 December 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 Mr M. T. with the Tribunal to review the conformity of:
Article 113a(3) of the Act of 6 June 1997 – the Executive Penal Code (Journal of Laws – Dz. U. No. 90, item 557, as amended) – insofar as it provides that a request for a food parcel for a convicted person may be submitted only by a close person – to Article 32(1) and (2) in conjunction with Article 41(4), as well as to Article 2 of the Constitution,
adjudicates as follows:
Article 113a(3) of the Act of 6 June 1997 – the Executive Penal Code (Journal of Laws – Dz. U. of 2017, item 665, as amended), in the version that has been binding since 1 July 2015 – insofar as it provides that a request for a food parcel may be submitted, apart from a convicted person, only by a close person – is consistent with Article 32 in conjunction with Article 41(4) of the Constitution of the Republic of Poland.
Moreover, the Tribunal decides:
Pursuant to Article 59(1)(3) 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 unanimous.
Julia Przyłębska
Henryk Cioch
Zbigniew Jędrzejewski
Mariusz Muszyński
Justyn Piskorski