The loss of membership in a housing cooperative K 3/19
Ref. No. K 3/19
JUDGMENT
IN THE NAME OF THE REPUBLIC OF POLAND
Warsaw, 10 June 2020
The Constitutional Tribunal, composed of:
Michał Warciński – Presiding Judge
Stanisław Piotrowicz
Piotr Pszczółkowski – Judge Rapporteur
Rafał Wojciechowski
Jarosław Wyrembak,
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 4 of the Act of 20 July 2017 amending the Housing Cooperative Act, the Civil Procedure Code and the General Cooperative Act (Journal of Laws – Dz. U. item 1596) with Article 58(1) in conjunction with Article 2 of the Constitution,
adjudicates as follows:
I
Article 4 of the Act of 20 July 2017 amending the Housing Cooperative Act, the Civil Procedure Code and the General Cooperative Act (Journal of Laws – Dz. U. item 1596) is inconsistent with Article 58(1) in conjunction with Article 31(3) in conjunction with Article 2 of the Constitution of the Republic of Poland.
II
The provision referred to 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.
The ruling was unanimous.
Michał Warciński
Stanisław Piotrowicz
Piotr Pszczółkowski
Rafał Wojciechowski
Jarosław Wyrembak