The amount of a fine for the late filing of a quarterly report by a natural or legal person whose economic activity involves emptying septic tanks and transporting liquid waste SK 66/21
Ref. No. SK 66/21
JUDGMENT
IN THE NAME OF THE REPUBLIC OF POLAND
Warsaw, 20 December 2022
The Constitutional Tribunal, composed of:
Jarosław Wyrembak – Presiding Judge
Zbigniew Jędrzejewski
Justyn Piskorski
Piotr Pszczółkowski
Andrzej Zielonacki – Judge Rapporteur,
Recording Clerk – Michał Rylski,
having considered, at the hearing on 20 December 2022 – in the presence of the complainant, the Sejm and the Public Prosecutor-General – Mr D.M.’s constitutional complaint lodged with the Constitutional Tribunal to assess the conformity of:
Article 9xb(2), Article 9zc(1) as well as Article 9zf of the Act of 13 September 1996 on the maintenance of cleanliness and order in communes (Journal of Laws – Dz. U. of 2020, item 1439, as amended) – insofar as they require that a competent local self-government authority impose an administrative fine in a fixed amount for the late filing of the report referred to in Article 9o of the said Act, regardless of the reasons for the late filing – to Article 2, Article 20 and Article 22, as well as Article 64(1) and (3) in conjunction with Article 31(3), as well as to Article 32(1) and (2) of the Constitution of the Republic of Poland,
adjudicates as follows:
Article 9xb(2), Article 9zc(1) as well as Article 9zf of the Act of 13 September 1996 on the maintenance of cleanliness and order in communes (Journal of Laws – Dz. U. of 2022, item 2519), in the version that was binding from 1 January 2016 until 8 August 2022 – insofar as they require that a competent local self-government authority impose an administrative fine in a fixed amount for the late filing of the report referred to in Article 9o of the said Act, regardless of the reasons for the late filing – are inconsistent with Article 20, Article 22, and Article 64(1) and (3) in conjunction with Article 31(3) of the Constitution of the Republic of Poland.
Moreover, the Tribunal decides:
to discontinue the proceedings as to the remainder.
The ruling was unanimous.
Jarosław Wyrembak
Zbigniew Jędrzejewski
Justyn Piskorski
Piotr Pszczółkowski
Andrzej Zielonacki