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The entry into force of retroactive provisions (wind farms) K 4/19

Ref. No. K 4/19

JUDGMENT
IN THE NAME OF THE REPUBLIC OF POLAND

 

Warsaw, 22 July 2020

The Constitutional Tribunal, composed of:

Justyn Piskorski – Presiding Judge
Stanisław Piotrowicz
Julia Przyłębska
Bartłomiej Sochański
Wojciech Sych – Judge Rapporteur,

having considered, at a sitting in camera on 22 July 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 joined applications lodged with the Tribunal by:


1) the Village Council of Świece nad Osą for the Tribunal to consider the conformity of Article 17(2) of the Act of 7 June 2018 amending the Act on Renewable Energy Sources and certain other acts (Journal of Laws – Dz. U. item 1276) – insofar as it provides for the entry into force, with a retroactive effect i.e. from 1 January 2018, of Article 2(1) and(6) as well as Article 3(1) of the said Act, which together amend the wording of Article 3(3) and of the annex to the Construction Act of 7 July 1994 (Journal of Laws of 2018 item 1202, as amended) as well as Article 2(1) of the Act of 20 May 2016 on Investment in Wind Farms (Journal of Laws – Dz. U. item 961, as amended) – with Article 2 in conjunction with Article 167 of the Constitution of the Republic of Poland;

2) the Village Council of Kobylica for the Tribunal to consider the conformity of Article 17(2) of the Act of 7 June 2018 referred to in point 1 insofar as it provides for the entry into force of Article 2(1) and (6) as well as Article 3(1) of the said Act with a retroactive effect, i.e. from 1 January 2018 – with Article 2 of the Constitution, and in particular with the principle of a democratic state ruled by law, and the principle of the non-retroactivity of law derived therefrom,

adjudicates as follows:

I

Article 17(2) of the Act of 7 June 2018 amending the Act on Renewable Energy Sources and certain other acts (Journal of Laws – Dz. U. item 1276) – insofar as it retroactively introduced Article 2(1) and (6) as well as Article (3)(1) of the said Act – is inconsistent with the principle of the non-retroactivity of law, derived from Article 2 of the Constitution of the Republic of Poland (the principle of lex retro non agit).

II

The provision referred to in part I, within the scope indicated therein, will cease to have effect after the lapse of 18 (eighteen) months from the publication of the judgment in the Journal of Laws of the Republic of Poland.

Moreover, the Tribunal decides:

to discontinue the proceedings as to the remainder.

The ruling was adopted by a majority vote.

Justyn Piskorski
Stanisław Piotrowicz
Julia Przyłębska
Bartłomiej Sochański
Wojciech Sych