The Prime Minister’s binding instruction issued with relation to counteracting COVID-19 K 27/23
Ref. No. K 27/23
JUDGMENT
IN THE NAME OF THE REPUBLIC OF POLAND
Warsaw, 21 May 2024
The Constitutional Tribunal, composed of:
Stanisław Piotrowicz – Presiding Judge
Krystyna Pawłowicz – Judge Rapporteur
Julia Przyłębska
Bartłomiej Sochański
Rafał Wojciechowski,
Recording Clerk – Michał Rylski,
having considered, at the hearings on 4 and 25 April as well as 14 May 2024 – in the presence of the applicants and the Public Prosecutor-General – the application by a group of Sejm Deputies, lodged with the Constitutional Tribunal to consider the conformity of:
Article 11(2) in conjunction with Article 11(2a), (2b) and (3) of the Act of 2 March 2020 on special solutions related to preventing, counteracting, and eradicating COVID-19, other infectious diseases, as well as ensuing crisis situations (Journal of Laws – Dz. U. items 374, as amended) – insofar as those provisions refer to instructions issued with relation to the preparation of elections during the pandemic – with Article 7, Article 2, and Article 68(4) in conjunction with Article 146(1), Article 146(2), Article 146(4)(1) and Article 146(4)(7) of the Constitution of the Republic of Poland, as well as with the principle of cooperation of authorities, arising from the Preamble to the Constitution;
adjudicates as follows:
Article 11(2) in conjunction with Article 11(2a), (2b) and (3) of the Act of 2 March 2020 on special solutions related to preventing, counteracting, and eradicating COVID-19, other infectious diseases, as well as ensuing crisis situations (Journal of Laws – Dz. U. of 2024, item 340) – in the version which was binding from 31 March until 17 April 2020, construed in the way that the said provisions also refer to the preparation of elections during the pandemic – is consistent with Article 2, Article 7, and Article 68(4), Article 146(4)(7) of the Constitution of the Republic of Poland, as well as with the principle of cooperation of authorities, arising from the Preamble to the Constitution.
Moreover, the Tribunal decides:
to discontinue the proceedings as to the remainder.
The ruling was unanimous.
Stanisław Piotrowicz
Krystyna Pawłowicz
Julia Przyłębska
Bartłomiej Sochański
Rafał Wojciechowski