The Fund for Victim Support and Post-Penitentiary Assistance U 2/21
Ref. No. U 2/21
JUDGMENT
IN THE NAME OF THE REPUBLIC OF POLAND
Warsaw, 25 September 2025
The Constitutional Tribunal, composed of:
Bogdan Święczkowski – Presiding Judge
Krystyna Pawłowicz – Judge Rapporteur
Wojciech Sych,
having considered, at a sitting in camera on 25 September 2025 – 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. of 2019, item 2393) – the application lodged by the President of the Supreme Audit Office, for the Constitutional Tribunal to consider the conformity of:
1) § 11, § 20(2) and § 22(2) of the Minister of Justice’s Regulation of 13 September 2017 on the Fund for Victim Support and Post-Penitentiary Assistance – the Justice Fund (Journal of Laws of 2019, item 683) – insofar as “the challenged provisions: introduce solutions regarding the terms and procedure for the transfer of funds from the Justice Fund in the manner that prevents the diligent and efficient functioning of the said Fund; lead to the arbitrary allocation of the funds from the Justice Fund; cause the ineffective implementation of court rulings; distort and hinder eligible persons’ access to services provided from the Justice Fund and thus they infringe the principles of a state ruled by law” – to Article 45(1) in conjunction with the Preamble to and Article 2 of the Constitution of the Republic of Poland;
2) § 11, § 20(2) and § 22(2) of the Regulation referred to in point 1 – insofar as they “exceed the scope of the statutory authorisation to issue an executive act to the relevant statute” – to Article 43(19) of the Executive Penal Code of 6 June 1997 (Journal of Laws of 2021, item 53, as amended), and thus to Article 92(1) of the Constitution;
3) § 11, § 20(2) and § 22(2) of the Regulation referred to in point 1 to Article 29(2), Article 43, and Article 44(3)(1) of the Public Finance Act of 27 August 2009 (Journal of Laws of 2021, item 305, as amended),
adjudicates as follows:
1. § 11, § 20(2) and § 22(2) of the Minister of Justice’s Regulation of 13 September 2017 on the Fund for Victim Support and Post-Penitentiary Assistance – the Justice Fund (Journal of Laws of 2024, item 1605, as amended), in the versions that were in force until 5 April 2022, are not inconsistent with Article 45(1) in conjunction with Article 2 of the Constitution of the Republic of Poland and the Preamble thereto.
2. § 11, § 20(2) and § 22(2) of the Regulation referred to in point 1, in the versions that were in force until 5 April 2022, are consistent with Article 92(1) of the Constitution in conjunction with Article 43(1)9 of the Executive Penal Code of 6 June 1997 (Journal of Laws of 2025, item 911).
Moreover, the Tribunal decides:
to discontinue the proceedings as to the remainder.
The ruling was unanimous.
Bogdan Święczkowski
Krystyna Pawłowicz
Wojciech Sych