The terms of determining rates for the services of advocates as well as the State Treasury’s payment of the costs of unpaid court-appointed legal representation SK 35/15
Ref. No. SK 35/15
JUDGMENT
IN THE NAME OF THE REPUBLIC OF POLAND
Warsaw, 21 June 2017
The Constitutional Tribunal, in a bench composed of:
Piotr Pszczółkowski – Presiding Judge
Leon Kieres
Lech Morawski – Judge Rapporteur,
having considered, at a sitting in camera on 21 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) – a constitutional complaint lodged by Ms B. K.-A. with the Tribunal to review the conformity of:
§ 12(1)(1) of the Regulation of 28 September 2002 issued by the Minister of Justice as regards rates for the services of advocates as well as the State Treasury’s payment of the costs of unpaid court-appointed legal representation (Journal of Laws – Dz. U. of 2013 item 461), to Article 2, Article 32 as well as Article 45(1) of the Constitution of the Republic of Poland,
adjudicates as follows:
§ 12(1)(1) of the Regulation of 28 September 2002 issued by the Minister of Justice as regards rates for the services of advocates as well as the State Treasury’s payment of the costs of unpaid court-appointed legal representation (Journal of Laws – Dz. U. of 2013 item 461, as well as of 2015, item 616 and 1079), in the version that was binding until 31 July 2015 – insofar as it specifies the minimum rate for the services of an advocate in a case concerning compensation for the ineffective termination of an employment agreement – is consistent with Article 45(1) in conjunction with Article 31(3) of the Constitution of the Republic of Poland.
Moreover, the Tribunal decides:
pursuant to Article 59(1)(2) 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.
Piotr Pszczółkowski Leon Kieres Lech Morawski