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Residential premises provided by authorities on the basis of an employment relationship – the acquisition of a legal title SK 29/16

On 15 November 2017 at 10.00 a.m., the Constitutional Tribunal publicly delivered its ruling, issued at a sitting in camera, with relation to the constitutional complaint lodged by Ms K.M. with regard to the case concerning: residential premises provided by authorities on the basis of an employment relationship – the acquisition of a legal title.

The Constitutional Tribunal adjudicated that Article 90 in conjunction with Article 95(3)(3), in conjunction with Article 95(4), in conjunction with Article 97(5) of the Act of 6 April 1990 on the Police (Journal of Laws – Dz. U. of 2017 item 2067), in conjunction with Article 3(2) and (3) of the Act of 21 June 2001 on the Protection of Tenants’ Rights, on Municipal Housing, and on Amendments to the Civil Code are consistent with Article 30, Article 71(1) as well as Article 75(1) of the Constitution of the Republic of Poland.

The ruling was unanimous.

The Constitutional Tribunal stated that although the complainant enjoyed the constitutionally guaranteed protection against eviction “onto the street”, the proper act to regulate the said protection was not the Act on the Police but provisions pertaining to administrative proceedings on enforced debt collection. In its judgment of 18 October 2017 (ref. no. K 27/15), the Tribunal adjudicated on the extent of unconstitutionality with regard to Article 144 of the Act on Administrative Proceedings on Enforced Debt Collection. That judgment ensured a minimum standard of protection for persons occupying, without a legal title, residential premises provided by authorities on the basis of an employment relationship, thus the request expressed in the complaint in the present case had already been granted by the said judgment, namely to provide protection against eviction “onto the street”. The said guarantee also applies to the complainant.

The Presiding Judge of the adjudicating bench was Judge Piotr Tuleja, and the Judge Rapporteur was Judge Małgorzata Pyziak-Szafnicka.