The terms of determining minimum rates for the services of advocates U 1/14
Ref. No. <link s u-114 _blank>U 1/14
JUDGMENT
IN THE NAME OF THE REPUBLIC OF POLAND
Warsaw, 19 December 2017
The Constitutional Tribunal, in a bench composed of:
Michał Warciński – Presiding Judge
Grzegorz Jędrejek
Julia Przyłębska – Judge Rapporteur,
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) – an application lodged by the Ombudsman with the Tribunal to review the conformity of:
1) § 4(1) of the Regulation of 28 September 2002 issued by the Minister of Justice as regards rates for the services of advocates as well as the State Treasury’s payment of the costs of unpaid court-appointed legal representation (Journal of Laws – Dz. U. of 2013 item 461) – insofar as it correlates the amount of a minimum rate for the services of advocates with the value of the subject of a given case as well as the value of an enforced claim – as well as § 6 of the said Regulation, to Article 16(3) of the Act of 26 May 1982 – the Law on Advocates (Journal of Laws – Dz. U. of 2009 No. 146, item 1188, as amended) as well as to Article 92(1), first sentence, of the Constitution.
2) § 4(1) of the Regulation of 28 September 2002 issued by the Minister of Justice as regards rates for the services of legal advisers as well as the State Treasury’s payment of the costs of unpaid court-appointed legal representation (Journal of Laws – Dz. U. of 2013, item 490) – insofar as it correlates the amount of a minimum rate for the services of legal advisers with the value of the subject of a given case as well as the value of an enforced claim – as well as § 6 of the said Regulation to Article 225(3) of the Act of 6 July 1982 on Legal Advisers (Journal of Laws – Dz. U. of 2010 No. 10, item 65, as amended) as well as Article 92(1), first sentence, of the Constitution,
adjudicates as follows:
1. § 4(1) of the Regulation of 28 September 2002 issued by the Minister of Justice as regards rates for the services of advocates as well as the State Treasury’s payment of the costs of unpaid court-appointed legal representation (Journal of Laws – Dz. U. of 2013, item 461 as well as of 2015, items 616 and 1079) – insofar as it correlates the amount of a minimum rate for the services of advocates with the value of the subject of a given case as well as the value of an enforced claim – as well as § 6 of the said Regulation are consistent with Article 16(3) of the Act of 26 May 1982 – the Law on Advocates (Dz. U. of 2016, items 1999 and 2261 as well as of 2017, item 1139) as well as with 92(1), first sentence, of the Constitution of the Republic of Poland.
2. § 4(1) of the Regulation of 28 September 2002 issued by the Minister of Justice as regards rates for the services of legal advisers as well as the State Treasury’s payment of the costs of unpaid court-appointed legal representation (Journal of Laws – Dz. U. of 2013, item 490 as well as of 2015, items 617 and 1078) – insofar as it correlates the amount of a minimum rate for the services of legal advisers with the value of the subject of a given case as well as the value of an enforced claim – as well as § 6 of the said Regulation are consistent with Article 225(3) of the Act of 6 July 1982 on Legal Advisers (Journal of Laws – Dz. U. of 2017, item 1870)) as well as with Article 92(1), first sentence, of the Constitution.
The ruling was unanimous.
Michał Warciński
Grzegorz Jędrejek
Julia Przyłębska