Restrictions regarding commerce on Sundays as well as on state and religious holidays K 10/18
Ref. No. K 10/18
JUDGMENT
IN THE NAME OF THE REPUBLIC OF POLAND
Warsaw, 27 July 2021
The Constitutional Tribunal, composed of:
Jarosław Wyrembak – Presiding Judge
Zbigniew Jędrzejewski
Justyn Piskorski – Judge Rapporteur
Julia Przyłębska
Andrzej Zielonacki,
having considered, at a sitting in camera on 27 July 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) – the application submitted by the President of the Polish Business Organisation –‘Konfederacja Lewiatan’ , for the Tribunal to consider the conformity of:
(1) Article 5 of the Act of 10 January 2018 on restrictions regarding commerce on Sundays, state and religious holidays as well as certain other days (Journal of Laws – Dz. U., item 305) – insofar as it differentiates among workers in respect of their freedom to choose their working days – with Article 24, Article 65(1) as well as Article 32 and Article 31(3) of the Constitution,
(2) Article 6 of the Act referred to in point 1 – insofar as it provides for a group of persons that are not covered by the prohibition arising from Article 5 of the said Act and differentiates among workers in respect of their freedom to choose their working days – with Article 24, Article 65(1) as well as Article 32 and Article 31(3) of the Constitution,
(3) Article 3(7) of the Act referred to in point 1 – insofar as it gives rise to interpretative doubts that may not be eliminated – with Article 2 of the Constitution,
(4) Article 18 of the Act referred to in point 1 – insofar as it provides a shockingly short period of vacatio legis for such legislative changes – with Article 2 of the Constitution,
adjudicates as follows:
Article 3(7) and Article 18 of the Act of 10 January 2018 on restrictions regarding commerce on Sundays, state and religious holidays as well as certain other days (Journal of Laws – Dz. U. of 2021, item 936) are consistent with Article 2 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.
Jarosław Wyrembak (votum separatum)
Zbigniew Jędrzejewski (votum separatum)
Justyn Piskorski
Julia Przyłębska
Andrzej Zielonacki