Compulsory protective vaccination SK 81/19
Ref. No. SK 81/19
JUDGMENT
IN THE NAME OF THE REPUBLIC OF POLAND
Warsaw, 9 May 2023
The Constitutional Tribunal, composed of:
Julia Przyłębska – Presiding Judge
Zbigniew Jędrzejewski
Krystyna Pawłowicz
Justyn Piskorski – Judge Rapporteur
Bogdan Święczkowski,
having considered, at a sitting in camera on 9 May 2023 – 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 A.D.’s constitutional complaint, lodged with the Tribunal for it to consider the conformity of:
1) Article 5(1)(1)(b) and Article 17(1) of the Act of 5 December 2008 on preventing and counteracting infections and infectious diseases among people (Journal of Laws – Dz. U. of 2018 item 151) to Article 2 as well as Article 47 in conjunction with Article 31(3) of the Constitution of the Republic of Poland,
2) § 3 of the Regulation of 18 August 2011 by the Minister of Health with regard to compulsory protective vaccination (Journal of Laws – Dz. U. of 2018 item 753) to Article 2 as well as Article 47 in conjunction with Article 31(3) of the Constitution,
3) Article 17(11) of the Act referred to in point 1 in conjunction § 5 of the Regulation referred to in point 2 with Article 47 in conjunction with Article 31(3) in conjunction with Article 87 of the Constitution,
adjudicates as follows:
I
Article 17(11) of the Act of 5 December 2008 on preventing and counteracting infections and infectious diseases among people (Journal of Laws – Dz. U. of 2022 item 1657, as amended) in conjunction with § 5 of the Regulation of 18 August 2011 by the Minister of Health with regard to compulsory protective vaccination (Journal of Laws – Dz. U. of 2022, item 2172) – insofar as the due date of compulsory protective vaccination as well as the number of vaccine doses of particular compulsory protective vaccination are set out in the Protective Vaccination Programme for a given year, announced by the Chief Sanitary Inspector, in the form of a communique, and not by the competent minister responsible for health by regulation – is inconsistent with Article 47 in conjunction with Article 31(3) in conjunction with Article 87 of the Constitution of the Republic of Poland.
II
The provisions set out in Part I, within the scope indicated therein, will cease to have effect after the lapse of 6 (six) months from the day of the publication of the judgment in the Journal of Laws 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.
Julia Przyłębska
Zbigniew Jędrzejewski
Krystyna Pawłowicz
Justyn Piskorski
Bogdan Święczkowski