The Prime Minister’s exclusive power to issue the Journal of Laws and the Official Gazette of the Republic of Poland P 3/25
Ref. No. P 3/25
JUDGMENT
IN THE NAME OF THE REPUBLIC OF POLAND
Warsaw, 23 September 2025
The Constitutional Tribunal, composed of:
Jarosław Wyrembak – Presiding Judge
Krystyna Pawłowicz
Stanisław Piotrowicz
Bogdan Święczkowski – Judge Rapporteur,
Rafał Wojciechowski,
Recording Clerk – Agnieszka Krawczyk,
having considered, at a hearing on 23 September 2025 – in the presence of the court making the referral – the following question of law referred by the Circuit Court in Zamość as to:
“whether Article 21(1)(1) [in conjunction] with Article 9(1)(6) of the Act of 20 July 2000 on the publication of normative acts [and certain other legal acts] (Journal of Laws – Dz. U. [of] 2019, item 1461) is consistent with:
(a) Article 2 [in conjunction] with Article 10(1) and (2) [in conjunction] with Article 173 of the Constitution of the Republic of Poland;
(b) Article 2 [in conjunction] with Article 45(1) of the Constitution [in conjunction] with Article 6(1) of the Convention for the Protection of Human Rights and Fundamental Freedoms, done at Rome on 4 November 1950 (Journal of Laws – Dz. U. of 1993, no. 61, item 284)”,
adjudicates as follows:
Article 21(1)(1) in conjunction with Article 9(1)(6) of the Act of 20 July 2000 on the publication of normative acts and certain other legal acts (Journal of Laws – Dz. U. of 2019, item 1461) – construed in the way that what actually effectuates both the occurrence of the legal effects of the Constitutional Tribunal’s judgment and the emergence of the obligation to implement the said judgment, on the part of all public authorities, is only the merely technical step consisting in the publication of the said judgment in the Journal of Laws of the Republic of Poland – is inconsistent with Article 2 in conjunction with Article 10, in conjunction with Article 173, in conjunction with Article 45(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.
Jarosław Wyrembak
Krystyna Pawłowicz (dissenting opinion)
Stanisław Piotrowicz
Bogdan Święczkowski
Rafał Wojciechowski (dissenting opinion)