The establishment of the communes of Szczawa and Grabówka U 3/17
Ref. No. U 3/17
JUDGMENT
IN THE NAME OF THE REPUBLIC OF POLAND
Warsaw, 1 June 2017
The Constitutional Tribunal, in a bench composed of:
Michał Warciński – Presiding Judge
Zbigniew Jędrzejewski
Mariusz Muszyński – Judge Rapporteur,
having considered, at a sitting in camera on 1 June 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 lodged by a group of Sejm Deputies with the Tribunal to review the conformity of:
the Regulation of 28 December 2015 issued by the Council of Ministers to revoke the regulation establishing the communes of Szczawa and Grabówka (Journal of Laws – Dz. U. item 2312) as well as § 1 and § 2 of the Regulation to:
– Article 7, Article 92(1) of the Constitution as well as Article 4a(1) of the Act of 8 March 1990 on the Self-Government of Communes (Journal of Laws – Dz. U. of 2016 item 446, as amended), due to the fact that the aforementioned Regulation was issued by the Council of Ministers without adhering to the procedure required for the issuance thereof;
– the principle of subsidiarity, expressed in the Preamble to the Constitution, as well as Article 15 of the Constitution in conjunction with Article 4a(1) of the Act of 8 March 1990 on the Self-Government of Communes, due to the fact that the aforementioned Regulation was issued without carrying out consultation with the residents of the units of local self-government whom this concerned,
adjudicates as follows:
The Regulation of 28 December 2015 issued by the Council of Ministers to revoke the regulation establishing the communes of Szczawa and Grabówka (Journal of Laws – Dz. U. item 2312) is inconsistent with:
a) Article 7 and Article 92(1) of the Constitution of the Republic of Poland;
b) Article 4a(1) of the Act of 8 March 1990 on the Self-Government of Communes (Journal of Laws – Dz. U. 2016 items 446, 1579 and 1948 as well as of 2017 item 730).
Moreover, the Tribunal decides:
pursuant to Article 59(1)(3) 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), to discontinue the proceedings as to the remainder.
The ruling was unanimous.
Michał Warciński
Zbigniew Jędrzejewski
Mariusz Muszyński