Differentiation in the protection of the housing interests of tenants in the event of the death of one
of co-tenants P 13/16
Ref. No. <link s p-1316 _blank>P 13/16
JUDGMENT
IN THE NAME OF THE REPUBLIC OF POLAND
Warsaw, 12 December 2017
The Constitutional Tribunal, in a bench composed of:
Małgorzata Pyziak-Szafnicka – Presiding Judge
Leon Kieres – Judge Rapporteur
Stanisław Rymar
Piotr Tuleja
Sławomira Wronkowska-Jaśkiewicz,
having considered, at a sitting in camera on 12 December 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 question of law referred by the District Court in Kościerzyn:
as to whether Article 691(5) of the Act of 23 April 1964 – the Civil Code (Journal of Laws – Dz. U. of 2016, item 380, with amendments), as amended by Article 26(12) of the Act of 21 June 2001 on the Protection of Tenants’ Rights, Municipal Housing and on Amendments to the Civil Code (Journal of Laws – Dz. U. No. 71, item 733, with amendments), in conjunction with Article 39(1) of that Act – insofar as it differently treats the effects of the death of the sole tenant and the death of one of co-tenants, thus differentiating the protection of housing interests of tenants in the event of the death of one of co-tenants – is consistent with Article 2, Article 32 and Article 75(1) of the Constitution,
adjudicates as follows:
Article 691(5) of the Act of 23 April 1964 – the Civil Code (Journal of Laws – Dz. U. of 2017 item 459, as amended), insofar as it excludes the right of a child to enter into a tenancy agreement concerning a flat, in the event of the death of one of his/her parents, who are co-tenants of that flat, is consistent with Article 32(1) 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.
Małgorzata Pyziak-Szafnicka
Leon Kieres
Stanisław Rymar
Piotr Tuleja
Sławomira Wronkowska-Jaśkiewicz