The sanction of invalidity applied to juridical acts carried out by parties in violation of the statutory obligation to obtain consent of a competent minister – the area of a sea harbour SK 123/20
Ref. No. SK 123/20
JUDGMENT
IN THE NAME OF THE REPUBLIC OF POLAND
Warsaw, 17 April 2024
The Constitutional Tribunal, composed of:
Piotr Pszczółkowski – Presiding Judge
Zbigniew Jędrzejewski
Krystyna Pawłowicz
Bogdan Święczkowski
Andrzej Zielonacki – Judge Rapporteur,
having considered, at a sitting in camera on 17 April 2024 – 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 W.G.K.’s constitutional complaint lodged with the Constitutional Tribunal to examine the conformity of:
1) Article 3(1) and (7) of the Sea Harbours and Piers Act of 20 December 1996 (Journal of Laws – Dz. U. of 2010, No. 33, item 179, as amended) with Article 21(1) in conjunction with Article 64(1) and (2) of the Constitution of the Republic of Poland,
2) Article 3(7) of the Sea Harbours and Piers Act with Article 31(3) in conjunction with Article 64(2) and (3) of the Constitution,
adjudicates as follows:
Article 3(1)(1) of the Sea Harbours and Piers Act of 20 December 1996 (Journal of Laws – Dz. U. of 2010 No. 33, item 179, as amended) – as amended by Article 1(3) of the Act of 16 December 2004 amending the Sea Harbours and Piers Act as well as certain other acts (Journal of Laws – Dz. U. No. 281, item 2782, as amended), and binding until the entry into force of Article 7(1) of the Act of 16 November 2016 amending the Act on the Activities of Government Administration and certain other acts (Journal of Laws – item 1954) – is consistent with Article 64(1) and (2) in conjunction with Article 21(1) of the Constitution of the Republic of Poland.
Moreover, the Tribunal decides:
to discontinue the proceedings as to the remainder.
The ruling was unanimous.
Piotr Pszczółkowski
Zbigniew Jędrzejewski
Krystyna Pawłowicz
Bogdan Święczkowski
Andrzej Zielonacki