The lack of the possibility of issuing public-order provisions in an ordinance by local self-government authorities on the basis of Article 40(3) and (4) of the Act on Local Self-Government in Communes ... K 12/20
Ref. No. K 12/20
IN THE NAME OF THE REPUBLIC OF POLAND
Warsaw, 27 April 2022
The Constitutional Tribunal, composed of:
Piotr Pszczółkowski – Presiding Judge
Andrzej Zielonacki – Judge Rapporteur,
having considered, at a sitting in camera on 27 April 2022 – 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 by the Municipal Council of Leszno, lodged with the Tribunal for it to consider the conformity of:
Article 40(3) and Article 40(4) of the Act of 8 March 1990 on Local Self-Government in Communes [i.e. the smallest units of administrative division of Poland] (Journal of Laws – Dz. U. of 2019 item 506, as amended) – insofar as “they make it impossible to issue public-order provisions providing for the penalty of a fine imposed in accordance with the rules set out in relevant provisions on minor offences, due to the circumstances that the said matter is regulated in a separate statute in provisions which are not criminal in character, despite the fact that the issuance of public-order provisions is indispensable for protecting citizens’ life or health as well as for safeguarding the public order and security, and the issuance of criminal-law provisions is justified” – with Article 16(2) as well as Article 166(1) and (2) of the Constitution of the Republic of Poland,
adjudicates as follows:
Article 40(3) of the Act of 8 March 1990 on Local Self-Government in Communes (Journal of Laws – Dz. U. of 2022 item 559, as amended) – insofar as it permits the issuance of public-order provisions only within the scope that has not been regulated in separate statutes – is consistent with Article 16(2) and Article 166(1) of the Constitution of the Republic of Poland.
Moreover, the Tribunal decides:
to discontinue the proceedings as to the remainder.
The ruling was unanimous.