The Geological and Mining Act – parties to proceedings for the granting of a relevant concession SK 19/15
Ref. No. SK 19/15
JUDGMENT
IN THE NAME OF THE REPUBLIC OF POLAND
Warsaw, 12 May 2021
The Constitutional Tribunal, composed of:
Krystyna Pawłowicz – Presiding Judge
Stanisław Piotrowicz
Wojciech Sych
Rafał Wojciechowski
Jarosław Wyrembak – Judge Rapporteur,
having considered, at a sitting in camera on 12 May 2021 – 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) – Ms M. T.’s constitutional complaint, lodged with the Tribunal for it to consider the conformity of:
Article 41(2) of the Geological and Mining Act of 9 June 2011 (Journal of Laws – Dz. U. No. 163, item 981, as amended) to Article 2 in conjunction with Article 45(1), as well as in conjunction with Article 32(1) and Article 64(2) and (3) of the Constitution of the Republic of Poland,
adjudicates as follows:
Article 41(2) of the Geological and Mining Act of 9 June 2011 (Journal of Laws – Dz. U. No. 163, item 981, as amended) is inconsistent with Article 45(1) of the Constitution 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.
Krystyna Pawłowicz (dissenting opinion)
Stanisław Piotrowicz
Wojciech Sych
Rafał Wojciechowski
Jarosław Wyrembak