The refund of preschool fees for the children of foreign service members K 2/15
Ref. No. K 2/15
JUDGMENT
IN THE NAME OF THE REPUBLIC OF POLAND
Warsaw, 23 February 2017
The Constitutional Tribunal, in a bench composed of:
Michał Warciński – Presiding Judge
Zbigniew Jędrzejewski
Lech Morawski
Mariusz Muszyński – Judge Rapporteur
Małgorzata Pyziak-Szafnicka,
having considered, at a sitting in camera on 23 February 2017 – 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. item 2072) – an application by the Ombudsman to determine the conformity of:
Article 29(4)(4) of the Foreign Service Act of 27 July 2001 (Journal of Laws – Dz. U. No. 128, item 1403, as amended) – insofar as it does not provide for the refund of preschool fees paid for children who, due to the particular conditions of a host country, have no possibility of attending a no-fee state preschool, taking preschool classes at a state elementary school, or doing any other preschool educational programme, in order to fulfil the obligation of mandatory one-year preschool education – to Article 70(2), first sentence, and Article 70(4), first sentence, in conjunction with Article 32(1) of the Constitution of the Republic of Poland,
adjudicates as follows:
Article 29(4)(4) of the Foreign Service Act of 27 July 2001 (Journal of Laws – Dz. U. No. 128, item 1403, as amended) – insofar as it does not provide for the refund of preschool fees paid for children who, due to the particular conditions of a host country, have no possibility of attending a no-fee state preschool, taking preschool classes at a state elementary school, or doing any other preschool educational programme, in order to fulfil the obligation of mandatory one-year preschool education – is inconsistent with Article 70(2), first sentence, and Article 70(4), first sentence, in conjunction with Article 32(1) of the Constitution of the Republic of Poland.
The ruling was adopted by a majority vote.
Michał Warciński Zbigniew Jędrzejewski Lech Morawski Mariusz Muszyński Małgorzata Pyziak-Szafnicka (votum separatum)