The Act of 13 July 2023 amending the Act on export insurance options guaranteed by the State Treasury and certain other acts K 15/23
Ref. No. K 15/23
JUDGMENT
IN THE NAME OF THE REPUBLIC OF POLAND
Warsaw, 18 September 2024
The Constitutional Tribunal, composed of:
Zbigniew Jędrzejewski – Presiding Judge
Krystyna Pawłowicz
Stanisław Piotrowicz
Justyn Piskorski
Bartłomiej Sochański – Judge Rapporteur,
Recording Clerk – Michał Rylski,
having considered, at the hearing on 18 September 2024 – in the presence of the applicant – the application by the President of the Republic of Poland, lodged with the Constitutional Tribunal to consider the conformity of:
(1) Article 2 and Article 12 of the Act of 13 July 2023 amending the Act on export insurance options guaranteed by the State Treasury and certain other acts (Journal of Laws – Dz. U., item 1859) to Article 118(1) and (3) as well as Article 119(2) of the Constitution;
(2) Article 12 of the Act referred to in point 1, in the part comprising Article 99(3aa) of the Act of 6 September 2001 – the Pharmaceutical Law (Journal of Laws – Dz. U of 2022, item 2301, as amended), and Article 20 of the Act referred to in point 1 in conjunction with Article 99(3aa), Article 103(2a-2d), Article 127cd and Article 127d(2) of the Act – the Pharmaceutical Law, to the principle of citizens’ trust in the state and its laws, the principle of the protection of ongoing interests, and the principle of an appropriate period of vacatio legis, which are all derived from Article 2 of the Constitution,
adjudicates as follows:
Article 2 and Article 12 of the Act of 13 July 2023 amending the Act on export insurance options guaranteed by the State Treasury and certain other acts (Journal of Laws – Dz. U., item 1859) are inconsistent with Article 118(1) and (3) as well as Article 119(2) of the Constitution of the Republic of Poland.
Moreover, the Tribunal decides:
to discontinue the proceedings as to the remainder.
The ruling was unanimous.
Zbigniew Jędrzejewski
Krystyna Pawłowicz
Stanisław Piotrowicz
Justyn Piskorski
Bartłomiej Sochański