Refusal to return a driving licence comprising vehicle category entitlements previously held and not covered by the driving ban imposed as a penal measure SK 23/21
Ref. No. SK 23/21
JUDGMENT
IN THE NAME OF THE REPUBLIC OF POLAND
Warsaw, 4 July 2023
The Constitutional Tribunal, composed of:
Bogdan Święczkowski – Presiding Judge
Stanisław Piotrowicz
Piotr Pszczółkowski
Jakub Stelina
Andrzej Zielonacki – Judge Rapporteur,
having considered, at a sitting in camera on 4 July 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) – Mr M.P.’s constitutional complaint, lodged with the Tribunal for it to consider the conformity of:
Article 12(2)(2) and Article 12(2)(3) in conjunction with Article 12(1)(2) of the Act of 5 January 2011 on Vehicle Drivers (Journal of Laws – Dz. U. No 30, item 151, as amended), in the version amended by the Act of 26 June 2014 amending the Act on Vehicle Drivers (Journal of Laws – Dz. U. item 970) – insofar as it “insofar as under the provisions the holders of certain vehicle category entitlements are deprived of their right to recover the document confirming their holding of such entitlements to certain motorised vehicles not covered by the driving ban imposed on the said persons as a penal measure” – are inconsistent with Article 2, Article 10(1), Article 45(1) and Article 175(1) of the Constitution of the Republic of Poland,
adjudicates as follows:
Article 12(2)(2) and Article 12(2)(3) in conjunction with Article 12(1)(2) of the Act of 5 January 2011 on Vehicle Drivers – insofar as under the provisions the holders of certain vehicle category entitlements are deprived of their right to recover the document confirming their holding of such entitlements to certain motorised vehicles not covered by the driving ban imposed on the said persons as a penal measure – are inconsistent with Article 2 and Article 45(1) 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.
Bogdan Święczkowski
Stanisław Piotrowicz
Piotr Pszczółkowski
Jakub Stelina
Andrzej Zielonacki