Civil Service K 6/16
DECISION
of 19 November 2019
Ref. No. K 6/16
The Constitutional Tribunal, composed of:
Mariusz Muszyński – Presiding Judge
Zbigniew Jędrzejewski
Justyn Piskorski
Piotr Pszczółkowski – Judge Rapporteur
Wojciech Sych,
having considered, at a sitting in camera on 19 November 2019, the following two joined applications:
1) the application filed by a group of Sejm Deputies to consider the conformity of:
a) Article 1(4) of the Act of 30 December 2015 amending the Civil Service Act and certain other acts (Journal of Laws – Dz. U. of 2016 item 34), insofar as it amends Article 11(1)(9) of the Civil Service Act of 21 November 2008 (Journal of Laws – Dz. U. of 2014 item 1111, as amended), and in the event that the Act amending the Civil Service Act and certain other acts enters into force before the date of the Tribunal’s adjudication – Article 11(1)(9) of the Civil Service Act, to Article 2 and Article 153(1) of the Constitution,
b) Article 1(12) of the Act amending the Civil Service Act and certain other acts, and in the event that the Act amending the Civil Service Act and certain other acts enters into force before the date of the Tribunal’s adjudication – Article 53 of the Civil Service Act, to Article 2 and Article 153(1) of the Constitution,
c) Article 1(13) of the Act amending the Civil Service Act and certain other acts, and in the event that the Act amending
the Civil Service Act and certain other acts enters into force before the date of the Tribunal’s adjudication – Article 53a of the Civil Service Act, to Article 2, Article 60 in conjunction with Article 31(3) as well as Article 153(1) of the Constitution,
d) Article 2 of the Act amending the Civil Service Act and certain other acts, and in the event that the Act amending the Civil Service Act and certain other acts enters into force before the date of the Tribunal’s adjudication – Article 33c of the Act of 4 September 1997 on the Divisions of the Government Administration (Journal of Laws – Dz. U. of 2015 item 812, as amended), to Article 2 of the Constitution,
e) Article 6 of the Act amending the Civil Service Act and certain other acts to Article 2 of the Constitution;
2) the application filed by the Polish Ombudsman to consider the conformity of:
a) Article 1(14) of the Act amending the Civil Service Act and certain other acts, insofar as it repeals Article 54(1) of the Civil Service Act, to Article 60 and Article 153(1) of the Constitution;
b) Article 53a of the Civil Service Act, added by Article 1(13) of the Act amending the Civil Service Act and certain other acts, to Article 60 and Article 153(1) of the Constitution;
c) Article 6(1) of the Act amending the Civil Service Act and certain other acts, to the principle of the protection of citizens’ trust in the state and its laws, arising from Article 2 of the Constitution, as well as to Article 60 and Article 153(1) of the Constitution;
d e c i d e s:
pursuant to Article 59(1)(1) and Article 59(1)(5) 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., item 2072 as well as of 2019, item 125), to discontinue the proceedings as to the remainder.
The ruling was unanimous.
Mariusz Muszyński
Zbigniew Jędrzejewski
Justyn Piskorski
Piotr Pszczółkowski
Wojciech Sych