Construction law – a restriction of the scope of construction qualifications K 39/15
Ref. No. K 39/15
JUDGMENT
IN THE NAME OF THE REPUBLIC OF POLAND
Warsaw, 7 February 2018
The Constitutional Tribunal, in a bench composed of:
Stanisław Rymar – Presiding Judge
Leon Kieres – Judge Rapporteur
Piotr Pszczółkowski
Piotr Tuleja
Sławomira Wronkowska-Jaśkiewicz,
Krzysztof Zalecki – Recording Clerk,
having considered – at hearings on 10 January and 7 February 2018, in the presence of the applicant, the Sejm, the Minister of Investment and Development, the Public Prosecutor-General, as well as the Ombudsman – joined applications lodged by the Polish Association of Civil Engineers with the Tribunal:
1) to determine the conformity of Article 16(3) of the Construction Act of 7 July 1994 (Journal of Laws – Dz. U. of 2013, item 1409, as amended) – insofar as it authorises a competent minister to determine “a restriction of the scope of construction qualifications” as well as it does not contain any guidelines within that remit as to the content of a relevant executive act – to Article 65(1) in conjunction with Article 31(3) and Article 92(1) of the Constitution;
2) to determine the conformity of:
a) § 10 – § 15 of the Regulation of 11 September 2014 issued by the Minister of Infrastructure and Development with regard to the exercise of independent technical functions in the construction sector (Journal of Laws – Dz. U., item 1278) to Article 65(1) in conjunction with Article 31(3) of the Constitution;
b) § 10, § 11(1), § 12(1), § 13 paras 1, 2, 4, 6, 7, 10 and 12 of the Regulation referred to in point 2(a) to Article 16(3) of the Act referred to in point 1,
c) § 13 paras 6-9 and § 22(1) of the Regulation referred to in point 2(a) as well as appendices nos. 2 and 3 to the said Regulation in the part where they refer to railway engineering qualifications concerning railway structures as well as railway engineering qualifications regarding railway traffic management, to Article 14(1)(3)(c) as well as to Article 16 of the Act referred to in point 1;
adjudicates as follows:
I
1. Article 16(3) of the Construction Act of 7 July 1994 (Journal of Laws – Dz. U. of 2017, items 1332 and 1529 as well as of 2018 item 12) – insofar as it authorises a competent minister to determine “a restriction of the scope of construction qualifications” as well as it does not contain any guidelines within that remit as to the content of a relevant executive act – is inconsistent with Article 65(1) in conjunction with Article 31(3) of the Constitution of the Republic of Poland.
2. § 22(1) of the Regulation of 11 September 2014 issued by the Minister of Infrastructure and Development with regard to the exercise of independent technical functions in the construction sector (Journal of Laws – Dz. U. item 1278) as well as points 7 and 8 of the appendix no. 2, as well as points 5 and 6 of the appendix no. 3 to the said Regulation are inconsistent with Article 14(1)(3)(c) and Article 16 of the Act referred to in point 1.
II
The provisions mentioned in part I will cease to have effect after the lapse of 12 (twelve) months from the date of the publication of this judgment in the Journal of Laws 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.
Stanisław Rymar
Leon Kieres
Piotr Pszczółkowski
Piotr Tuleja
Sławomira Wronkowska-Jaśkiewicz