Press releases after the hearing

• K 4/10, The terms of annulling or revoking a decision to authorise the implementation of a road investment project.

  The provisions of the so-called special Act on Road Investment Projects as well as of the Regulation for the implementation thereof are constitutional. At the hearings on 13 and 16 October 2012, the Constitutional Tribunal (full bench) considered an application, submitted by the Polish Ombudsman, with regard to the terms of annulling or revoking a decision to authorise the implementation of a road investment project. In the judgment of...

• P 27/11, The limits of criminal liability

  Criminal liability for carrying out construction work without a required permit or without required notification is consistent with the Constitution. At the hearing on 9 October 2012 at 9.00 a.m., the Constitutional Tribunal considered joined questions of law, referred by the District Court in Janów Lubelski (the 2nd Criminal Division), concerning the limits of criminal liability. The Constitutional Tribunal adjudicated that Article 90 of the Act of...

• K 27/11, The terms of determining employees’ working hours in a reference period that includes a public holiday falling on a non-working day.

  The challenged provision infringes the constitutional principle of equality, as it introduces groundless differentiation as regards the number of non-working days to which employees are entitled. At the hearing on 2 October 2012 at 1.00 p.m., the Constitutional Tribunal considered an application, submitted by the National Commission of the Independent and Self-Governing Trade Union Solidarność (Solidarity), with regard to the terms of determining employees’ working...

• SK 28/10, The act of filing an indictment by a subsidiary prosecutor (the lack of possibility of renewing a time-limit).

  The non-renewable character of the time-limit for filing an indictment by a subsidiary prosecutor may not be regarded as the infringement of the principles of a fair court procedure. At the hearings on 15 May and 25 September 2012, the Constitutional Tribunal considered a constitutional complaint, submitted by Mr Zygmunt G., which concerned the act of filing an indictment by a subsidiary prosecutor (the lack of possibility of renewing the...

• P 15/12, The division of an immovable property and a mortgage on such property

  Mortgaging the fractional shares of all immovable properties resulting from the division of an immovable property, in the case where the fractional share of the property was mortgaged before the division, is inconsistent with the Constitution. At the hearing on 10 July 2012 at 1 p.m., the Constitutional Tribunal considered a question of law, referred by the District Court for the District of Poznań-Stare Miasto in Poznań, the 12th Civil Division, concerning the...

• P 35/10, The old-age pensions of persons who were not employed in Poland prior to going abroad

  It is inconsistent with the constitutional principle of equality to make determining the basis of assessment of an old-age or disability pension conditional on whether a given worker was employed in Poland prior to going abroad. At the hearing on 2 July 2012 at noon, the Constitutional Tribunal considered a question of law, referred by the Circuit Court in Gorzów Wielkopolski (the 6th  Labour and Social Insurance Division), concerning the old-age pensions of...

• K 8/10, Family allotment gardens

  At the hearing on 28 June 2012, the Constitutional Tribunal (full bench) considered an application submitted by the First President of the Polish Supreme Court, in which the applicant requested the Tribunal to examine the conformity of the entire Act of 8 July 2005 on Family Allotment Gardens to the higher-level norms for constitutional review indicated in the application, or – alternatively, if such a request should be deemed inadmissible by the Tribunal – to...

• K 18/09, Time-limit set for appointing judges by the President of the Republic of Poland

  Setting a time-limit for appointing common court judges by the President in a statute is inconsistent with the Constitution. At the hearing on 5 June 2012 at 9 a.m., the Constitutional Tribunal considered an application submitted by the President of the Republic of Poland with regard to a time-limit set for appointing judges by the President. The Constitutional Tribunal adjudicated that Article 55(1) of the Act of 27 July 2001 - the Law...

• SK 17/09, Regulation which requires that periods of employment abroad should be taken into account as contributory periods, on condition that a given person’s repatriate status has been confirmed by the submission of a relevant official decision

  The requirement that periods of employment abroad should be taken into account as contributory periods, on condition that a given person’s repatriate status has been confirmed by the submission of a relevant official decision, is consistent with the Constitution. At the hearing on 29 May 2012 at 1 p.m., the Constitutional Tribunal considered a constitutional complaint, submitted by Ms Luba W.-Z., which concerned the regulation which required that periods of...

• K 7/10, Regulations on promotion opportunities for common court judges

  The imprecise regulation of the professional situation of judges is inconsistent with the Constitution. At the hearing on 8 May 2012 at noon, the Constitutional Tribunal considered an application submitted by the President of the Republic of Poland with regard to regulations on promotion opportunities for common court judges. The Constitutional Tribunal adjudicated that: - Article 4(1) of the Act of 19 December 2008 amending the Law on...

• K 33/11, Access to public information (a restriction on the right to public information due to the protection of a vital state interest)

  The way of introducing the challenged provisions is inconsistent with the Constitution. At the hearing on 18 April 2012 at 8.30 a.m., the Constitutional Tribunal considered an application submitted by the President of the Republic of Poland with regard to access to public information (a restriction on the right to public information due to the protection of a vital state interest). The Constitutional Tribunal adjudicated that Article 1(4)(a)...

• P 20/10, Provisions on counteracting drug addiction (the phrase “considerable amount”)

  The lack of specific information on the amount of narcotic drugs and psychotropic substances in the Act does not infringe the Constitution. The phrase “considerable amount” allows judges to provide the interpretation of law and to adequately apply it to cases under examination. At the hearing on 14 February 2012 at 9 a.m., the Constitutional Tribunal considered a question of law, referred by the District Court for the District of Krowodrza in Kraków, concerning...