The powers of a competent court official to adjudicate on court-appointed legal representation, district courts’ review of such decisions; the mandatory requirement of professional legal representation in proceedings before the Supreme Administrative Court SK 87/19
Ref. No. SK 87/19
JUDGMENT
IN THE NAME OF THE REPUBLIC OF POLAND
Warsaw, 29 January 2025
The Constitutional Tribunal, composed of:
Krystyna Pawłowicz – Presiding Judge
Stanisław Piotrowicz
Jakub Stelina – Judge Rapporteur
Rafał Wojciechowski
Jarosław Wyrembak,
having considered, at a sitting in camera on 29 January 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 following joined constitutional complaints:
(1) Mr M.J.’s complaint lodged for the Tribunal to examine the conformity of:
(a) Article 123(2) and Article 39823(2), second sentence, of the Civil Procedure Code of 17 November 1964 (Journal of Laws – Dz. U. of 2018, item 155, as amended) to Article 45(1) as well as Article 45(1) in conjunction with Article 2 of the Constitution;
(b) Article 175(1) of the Act of 30 August 2002 on Proceedings Before Administrative Courts (Journal of Laws – Dz. U. of 2016, item 718, as amended) to Article 45(1), Article 45(1) in conjunction with Article 176(1), Article 176(1) in conjunction with Article 45(1), as well as to Article 32(2) in conjunction with Article 45(1) of the Constitution;
(c) Article 258(1) of the Act on Proceedings Before Administrative Courts to Article 45(1) as well as to Article 45(1) in conjunction with Article 2 of the Constitution;
(2) the constitutional complaint of the limited liability company […], with its registered office in T., lodged for the Tribunal to examine the conformity of: Article 123(2) as well as Article 39823(2), second sentence, of the Civil Procedure Code to Article 10(2), Article 31(3) in fine, Article 32(2) in conjunction with Article 45(1), Article 45(1), Article 45(1) in conjunction with Article 2, Article 45(1) in conjunction with Article 190(5), Article 190(5), Article 190(5) in conjunction with Article 2, Article 190(5) in conjunction with Article 45(1) of the Constitution;
adjudicates as follows:
Article 175(1) of the Act of 30 August 2002 on Proceedings Before Administrative Courts (Journal of Laws – Dz. U. of 2024, item 935, as amended) is consistent with Article 45(1) in conjunction with Article 176(1) of the Constitution of the Republic of Poland.
Moreover, the Tribunal decides:
to discontinue the proceedings as to the remainder.
The ruling was adopted by a majority vote.
Krystyna Pawłowicz (dissenting opinion)
Stanisław Piotrowicz
Jakub Stelina
Rafał Wojciechowski
Jarosław Wyrembak