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
JUDGMENT
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
Justyn Piskorski
Bartłomiej Sochański
Wojciech Sych,
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:
I
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.
II
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.
Julia Przyłębska
Stanisław Piotrowicz
Justyn Piskorski
Bartłomiej Sochański
Wojciech Sych