A ruling by the competent court for guardianship matters issued to admit a person to a care home without his/her consent SK 110/23
Ref. No. SK 110/23
JUDGMENT
IN THE NAME OF THE REPUBLIC OF POLAND
Warsaw, 23 July 2025
The Constitutional Tribunal, composed of:
Bogdan Święczkowski – Presiding Judge
Stanisław Piotrowicz
Wojciech Sych – Judge Rapporteur,
Michał Warciński
Jarosław Wyrembak,
Recording Clerk – Agnieszka Krawczyk,
having considered, at the hearing on 23 July 2025 – in the presence of the complainant – Ms M.W.’s constitutional complaint lodged with the Constitutional Tribunal for it to consider the conformity of:
Article 38(1) in conjunction with Article 39(1), (2) and (3) of the Act of 19 August 1994 on the Protection of Mental Health (Journal of Laws – Dz. U. No. 111, item 535, as amended) – “insofar as the impugned norm makes it possible for the competent court for guardianship matters to issue a ruling to admit a person to a care home without his/her consent” – to Article 30, Article 47 in conjunction with Article 31(1), (2) and (3) of the Constitution,
adjudicates as follows:
Article 39(1) in conjunction with Article 38(1) of the Act of 19 August 1994 on the Protection of Mental Health (Journal of Laws – Dz. U. of 2024, item 917) – “insofar as the impugned norm makes it possible for the competent court for guardianship matters to issue a ruling to admit a person to a care home without his/her consent” – to Article 30 and Article 41(1) in conjunction with Article 31(3) of the Constitution of the Republic of Poland.
Moreover, the Tribunal decides:
to discontinue the proceedings as to the remainder.
The ruling was unanimous.
Bogdan Święczkowski
Stanisław Piotrowicz
Wojciech Sych
Michał Warciński
Jarosław Wyrembak