The lack of the possibility of appealing against a competent court registrar’s decision on the entry of a debtor into the Register of Bad Debtors P 9/18
Ref. No. P 9/18
JUDGMENT
IN THE NAME OF THE REPUBLIC OF POLAND
Warsaw, 26 November 2019
The Constitutional Tribunal, composed of:
Mariusz Muszyński – Presiding Judge
Leon Kieres
Piotr Pszczółkowski – Judge Rapporteur
Małgorzata Pyziak-Szafnicka
Andrzej Zielonacki,
having considered, at a sitting in camera on 26 November 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) – joined questions of law referred to the Tribunal by the District Court in Białystok as to whether:
Article 49 of the Act of 26 January 2018 amending the National Court Register Act and certain other acts (Journal of Laws – Dz. U. item 398, as amended) – insofar as it concerns Article 55 of the National Court Register Act of 20 August 1997 (Journal of Laws – Dz. U. of 2018, item 986) – is consistent with Article 2, Article 31(3), Article 45(1) and (2), Article 47 and Article 51(2) and (4) of the Constitution,
adjudicates as follows:
Article 49 of the Act of 26 January 2018 amending the National Court Register Act and certain other acts (Journal of Laws – Dz. U. items 398 and 650 as well of 2019 items 55 and 1214) – insofar as, in cases concerning the entries referred to in Article 55(4) and (5) of the National Court Register Act of 20 August 1997 (Journal of Laws – Dz. U. of 2019, item 1500), it eliminates the court’s obligation to serve the relevant participant in registry proceedings with a decision on the entry of that person in the Register of Bad Debtors, together with a statement of reasons, as well as it deprives the said participant of the right to lodge a complaint about the competent court registrar’s decision on the said entry in the aforementioned Register – is inconsistent with Article 45(1) in conjunction with Article 31(3) of the Constitution of the Republic of Poland.
Moreover, the Tribunal decides:
pursuant to Article 59(1)(2) and 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, and of 2019 item 125), to discontinue the proceedings as to the remainder.
The ruling was unanimous.
Mariusz Muszyński
Leon Kieres
Piotr Pszczółkowski
Małgorzata Pyziak-Szafnicka
Andrzej Zielonacki