The reopening of proceedings, the determination of the invalidity of a decision and its repeal, or the modification of a decision, in the case of decisions on the State Treasury’s takeover of the land which was not managed by its owners in person, or ... K 11/18
Ref. No. K 11/18
JUDGMENT
IN THE NAME OF THE REPUBLIC OF POLAND
Warsaw, 10 June 2020
The Constitutional Tribunal, composed of:
Bartłomiej Sochański – Presiding Judge
Leon Kieres
Jakub Stelina
Rafał Wojciechowski
Andrzej Zielonacki – Judge Rapporteur,
having considered, at a sitting in camera on 10 June 2020 – 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. of 2019, item 2393) – the Polish Ombudsman’s application lodged with the Tribunal for it to consider the conformity of:
Article 63(2) and (3) of the Act of 19 October 1991 on the Management of Agricultural Land Owned by the State Treasury (Journal of Laws – Dz. U. of 2018 item 91, as amended) – insofar as it rules out the application of the provisions of the Administrative Procedure Code of 14 June 1960 (Journal of Laws – Dz. U. of 2018 item 2096) concerning the reopening of proceedings, the determination of the invalidity of a decision and its repeal, or the modification of a decision, in the case of decisions – issued on the basis of Article 2(1) of the Act of 26 October 1971 on the Regulation of the Ownership of Agricultural Holdings (Journal of Laws – Dz. U. No. 27, item 250, as amended) – on the State Treasury’s takeover of the land which was not managed by its owners in person, or by the owners’ family members forming part of the owners’ households, for five years until the entry into force of the Act, due to their permanent employment elsewhere than at a single agricultural holding or at an agricultural production cooperative, to Article 7 as well as Article 2 and Article 32(1) of the Constitution,
adjudicates as follows:
Article 63(2) and (3) of the Act of 19 October 1991 on the Management of Agricultural Land Owned by the State Treasury (Journal of Laws – Dz. U. of 2020 items 396 and 568), insofar as it rules out the application of the provisions of the Administrative Procedure Code of 14 June 1960 (Journal of Laws – Dz. U. of 2020 items 256 and 695) concerning the reopening of proceedings, the determination of the invalidity of a decision and its repeal, or the modification of a decision, with regard to decisions – issued on the basis of Article 2(1) of the Act of 26 October 1971 on the Regulation of the Ownership of Agricultural Holdings (Journal of Laws – Dz. U. No. 27, item 250 as well as of 1975 No. 16, item 91) – on the State Treasury’s takeover of the land which was not managed by its owners in person, or by the owners’ family members forming part of the owners’ households, for five years until the entry into force of the Act, due to their permanent employment elsewhere than at a single agricultural holding or at an agricultural production cooperative, to Article 7 as well as Article 2 and Article 32(1) of the Constitution of the Republic of Poland.
The ruling was unanimous.
Bartłomiej Sochański
Leon Kieres
Jakub Stelina
Rafał Wojciechowski
Andrzej Zielonacki