The terms of charging fees for the issuance of a new driving licence K 36/15
Ref. No. K 36/15
JUDGMENT
IN THE NAME OF THE REPUBLIC OF POLAND
Warsaw, 14 December 2017
The Constitutional Tribunal, in a bench composed of:
Julia Przyłębska − Presiding Judge
Grzegorz Jędrejek − Judge Rapporteur
Zbigniew Jędrzejewski
Leon Kieres
Mariusz Muszyński,
having considered, at a sitting in camera on 14 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:
Article 18(2)(2) of the Act of 5 January 2011 on Vehicle Drivers (Journal of Laws – Dz. U. of 2015, item 155, as amended) – insofar as it provides for charging a fee for the issuance of a new driving licence to replace a driving licence with outdated personal details as well as a registration fee, in the situation where the change in personal details was caused by the actions of public authorities – to the principle of the protection of citizens’ trust in the state and its laws, arising from Article 2 of the Constitution.
adjudicates as follows:
Article 18(2)(2) of the Act of 5 January 2011 on Vehicle Drivers (Journal of Laws – Dz. U. of 2017, item 978) – insofar as it provides for charging a registration fee and a fee for the issuance of a new driving licence to replace a driving licence with outdated personal details in the situation where the change in personal details was caused by the actions of the organs of local self-government – is inconsistent with Article 2 of the Constitution of the Republic of Poland.
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 unanimous.
Julia Przyłębska
Grzegorz Jędrejek
Zbigniew Jędrzejewski
Leon Kieres
Mariusz Muszyński