The entry of an immovable property as an immovable historic monument in the local register of historical monuments P 12/18
Ref. No. P 12/18
JUDGMENT
IN THE NAME OF THE REPUBLIC OF POLAND
Warsaw, 11 May 2023
The Constitutional Tribunal, composed of:
Stanisław Piotrowicz – Presiding Judge
Krystyna Pawłowicz
Bartłomiej Sochański – Judge Rapporteur
Bogdan Święczkowski
Jarosław Wyrembak,
having considered, at a sitting in camera on 11 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) – the question of law referred by the Supreme Administrative Court as to:
whether Article 22(5)(3) of the Act of 23 July 2003 on the protection and preservation of historic monuments (Journal of Laws – Dz. U. of 2017 item 2187, as amended) – insofar as it limits the right of ownership of an immovable property by permitting the entry of the immovable property in the local register of historic monuments, without providing the owner with any guarantees of legal protection against such limitation – is consistent with Article 64(1) and (2) in conjunction with Article 31(3) of the Constitution of the Republic of Poland as well as with Article 1 of the Protocol No. 1 to the European Convention for the Protection of Human Rights and Fundamental Freedoms, done at Paris on 20 March 1952 (Journal of Laws – Dz. U. of 1995 No. 36, item 175, as amended).
adjudicates as follows:
Article 22(5)(3) of the Act of 23 July 2003 on the protection and preservation of historic monuments (Journal of Laws – Dz. U. of 2022 item 840) – insofar as it limits the right of ownership of an immovable property by permitting the entry of the immovable property in the local register of historic monuments, without providing the owner with any guarantees of legal protection against such limitation – is inconsistent with Article 64(1) and (2) 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 adopted by a majority vote.
Stanisław Piotrowicz
Krystyna Pawłowicz
Bartłomiej Sochański
Bogdan Święczkowski
Jarosław Wyrembak