The prohibition against holding a public office by the spouse of a person who owns more than 10% of shares or retains a stake representing more than 10% of the company’s initial capital, where any of those assets constitute part of conjugal property SK 101/22
Ref. No. SK 101/22
JUDGMENT
IN THE NAME OF THE REPUBLIC OF POLAND
Warsaw, 18 November 2025
The Constitutional Tribunal, composed of:
Rafał Wojciechowski – Presiding Judge
Krystyna Pawłowicz – Judge Rapporteur
Stanisław Piotrowicz
Bartłomiej Sochański
Jarosław Wyrembak,
Recording Clerk – Agnieszka Krawczyk,
having considered, at the hearing on 18 November 2025 – in the presence of the complainant – Ms W.M.’s constitutional complaint lodged with the Constitutional Tribunal for it to consider the conformity of:
(1) Article 4(5) of the Act of 21 August 1997 on restrictions on economic activity carried out by public officials (Journal of Laws – Dz. U. of 2017, item 1393, as amended) – construed in the way that “a person holding a public office owns more than 10% of shares or retains a stake representing more than 10% of the company’s initial capital, in any of the companies, in the situation where any of those assets are owned by the said person’s spouse and they constitute part of conjugal property” – to Article 64(1) and (3) in conjunction with Article 2 in conjunction with Article 31(3) of the Constitution of the Republic of Poland;
(2) Article 4(5) of the Act referred to in point 1 – construed in the way that “a person holding a public office owns more than 10% of shares or retains a stake representing more than 10% of the company’s initial capital, in any of the companies, in the situation where any of those assets are owned by the said person’s spouse and they constitute part of conjugal property” – to Article 32(1) and (2) in conjunction with Article 2 of the Constitution;
(3) Article 4(5) of the Act referred to in point 1 – construed in the way that “a person holding a public office owns more than 10% of shares or retains a stake representing more than 10% of the company’s initial capital, in any of the companies, in the situation where any of those assets are owned by the said person’s spouse and they constitute part of conjugal property” – to Article 22 in conjunction with Article 31(3) in conjunction with Article 2 of the Constitution,
adjudicates as follows:
Article 4(5) of the Act of 21 August 1997 on restrictions on economic activity carried out by public officials (Journal of Laws – Dz. U. of 2025, item 499) – construed in the way that it provides for a prohibition against holding a public office by the spouse of a person who owns more than 10% of shares or retains a stake representing more than 10% of the company’s initial capital, in any of the companies, in the situation where any of those assets constitute part of conjugal property – is consistent with Article 64(1) in conjunction with Article 31(3), in conjunction with Article 64(3), in conjunction with Article 2 of the Constitution of the Republic of Poland.
Moreover, the Tribunal decides:
to discontinue the proceedings as to the remainder.
The ruling was unanimous.
Rafał Wojciechowski
Krystyna Pawłowicz
Stanisław Piotrowicz
Bartłomiej Sochański
Jarosław Wyrembak