The costs of unpaid legal representation provided by a court-appointed legal adviser SK 85/22
Ref. No. SK 85/22
JUDGMENT
IN THE NAME OF THE REPUBLIC OF POLAND
Warsaw, 19 April 2023
The Constitutional Tribunal, composed of:
Andrzej Zielonacki – Presiding Judge
Zbigniew Jędrzejewski
Piotr Pszczółkowski – Judge Rapporteur,
Recording Clerk – Michał Rylski,
having considered, at the hearing on 19 April 2023 – in the presence of the complainant and the Public Prosecutor-General – Mr P.M.’s constitutional complaint lodged with the Constitutional Tribunal to assess the conformity of:
§ 8 of the Regulation of 3 October 2016 issued by the Minister of Justice with regard to the State Treasury’s coverage of the costs of unpaid legal representation provided by a court-appointed legal adviser[1] (Journal of Laws – Dz. U., item 1715, as amended) with Article 64(2) in conjunction with Article 31(3), Article 32(1), second sentence, and Article 92(1), first sentence, of the Constitution,
adjudicates as follows:
§ 8 of the Regulation of 3 October 2016 issued by the Minister of Justice with regard to the State Treasury’s coverage of the costs of unpaid legal representation provided by a court-appointed legal adviser (Journal of Laws – Dz. U. of 2019, item 68, as amended) is inconsistent with Article 64(2) in conjunction with Article 31(3), Article 32(1), second sentence, and Article 92(1), first sentence, of the Constitution of the Republic of Poland.
The ruling was unanimous.
Andrzej Zielonacki
Zbigniew Jędrzejewski
Piotr Pszczółkowski
[1] Under Polish law, both advocates (Pl. adwokat) and legal advisers (Pl. radca prawny) make up the category of attorneys (attorneys-at-law), admitted to the Bar, and fully qualified to provide professional legal representation; the main difference between the first and the latter is the range of contracts on the basis of which they are permitted by law to provide their legal services.