The Polish Ombudsman’s fulfilment of duties after the expiry of the five-year term and until the appointment of the new Ombudsman K 20/20
Ref. No. K 20/20
IN THE NAME OF THE REPUBLIC OF POLAND
Warsaw, 15 April 2021
The Constitutional Tribunal, composed of:
Julia Przyłębska – Presiding Judge
Stanisław Piotrowicz – Judge Rapporteur
Recording Clerk – Grażyna Szałygo,
having considered, at the hearings on 12 and 13 April 2021 – in the presence of the applicant, the Sejm, the Public Prosecutor-General, and the Polish Ombudsman [also referred to as the Polish Commissioner for Human Rights] – the application lodged, by a group of Sejm Deputies, with the Constitutional Tribunal for it to examine the conformity of:
Article 3(6) of the Act of 15 July 1987 on the Ombudsman (Journal of Laws – Dz. U. of 2020 item 627) to Article 2, Article 7 and Article 209(1) of the Constitution,
adjudicates as follows:
Article 3(6) of the Act of 15 July 1987 on the Ombudsman (Journal of Laws – Dz. U. of 2020 item 627) is inconsistent with Article 209(1) in conjunction with Article 2 and in conjunction with Article 7 of the Constitution of the Republic of Poland.
The legal provision indicated in 'part I' will cease to have effect after the lapse of 3 (three) months from the date of the publication of this judgment in the Journal of Laws of the Republic of Poland.
The ruling was unanimous.