The income of the units of local self-government K 18/17
Ref. No. <link s k-1817 _blank>K 18/17
JUDGMENT
IN THE NAME OF THE REPUBLIC OF POLAND
Warsaw, 6 March 2019
The Constitutional Tribunal, composed of:
Małgorzata Pyziak-Szafnicka – Presiding Judge
Grzegorz Jędrejek
Zbigniew Jędrzejewski
Stanisław Rymar
Sławomira Wronkowska-Jaśkiewicz – Judge Rapporteur,
having considered, at a sitting in camera on 6 March 2019 – 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, as amended) – an application by the Municipal Council in Międzyzdroje lodged with the Tribunal for it to consider the conformity of:
Article 36(10) in conjunction with Article 20, Article 21, Article 21a, Article 29 and Article 32 of the Act of 13 November 2003 on the Income of the Units of Local Self-Government (Journal of Laws – Dz. U. of 2014 item 1115, as amended) to:
– Article 167(1)-(3) of the Constitution of the Republic of Poland in conjunction with the principle of social justice and the principle of the protection of citizens’ trust in the state and its laws, which arise from Article 2 of the Constitution;
– Article 165(1) and Article 21(1) of the Constitution in conjunction with the principle of social justice and the principle of proportionality, which arise from Article 2 of the Constitution;
– Article 165(2) in conjunction with Article 16(2) of the Constitution in conjunction with the principle of the right to a fair trial, which arises from Article 2 of the Constitution as well as in conjunction with Article 11 of the European Charter of Local Self-Government, done at Strasbourg on 15 October 1985 (Journal of Laws – Dz. U. of 1994 No. 124, item 607),
adjudicates as follows:
I
Article 36(10) of the Act of 13 November 2003 on the Income of the Units of Local Self-Government (Journal of Laws – Dz. U. of 2018 items 1530, 2161, 2193 and 2245) – insofar as it concerns a situation where a commune, for reasons that are beyond the commune’s control, has received a compensatory or balancing component of the subsidy in a lower amount than the one that is due or has made the payment specified in Article 29 of the said Act in a higher amount than the one that is due:
a) is inconsistent with Article 167(1) and (2) as well as with Article 165(1) of the Constitution of the Republic of Poland;
b) is not inconsistent with Article 165(2) of the Constitution.
II
The provision mentioned in part I, within the scope indicated therein, will cease to have effect as of 31 December 2019.
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 as well as of 2019, item 125) to discontinue the proceedings as to the remainder.
The ruling was unanimous.
Małgorzata Pyziak-Szafnicka
Grzegorz Jędrejek
Zbigniew Jędrzejewski
Stanisław Rymar
Sławomira Wronkowska-Jaśkiewicz