Press releases after the hearing

• K 25/10, The return of property to church entities and Jewish Communities (the participation of the units of local self-government in the so-called regulatory proceedings)

  The challenged provisions of the Act on Relations Between the State and Jewish Communities in the Republic of Poland are consistent with the Constitution. At the hearings on 9 January and 13 March 2013, the Constitutional Tribunal (full bench) considered an application, submitted by the Polish Ombudsman, with regard to the return of property to church entities and Jewish Communities (the participation of the units of local self-government in the so-called...

• U 2/11, Medical examination or other actions carried out with the participation of the accused or the suspect.

  The challenged provisions are inconsistent with the Constitution. At the hearing on 5 March 2013 at 9 a.m., the Constitutional Tribunal considered an application, submitted by the Polish Ombudsman, with regard to medical examination or other actions carried out with the participation of the accused or the suspect The Constitutional Tribunal adjudicated that: 1. § 5(1) of the Regulation of the Minister of Justice of 23 February 2005 on medical...

• P 14/11, The terms of withholding and renewing the payment of old-age benefits

  At the hearing on 19 February 2013 at 1 p.m., the Constitutional Tribunal considered a question of law, referred by the Court of Appeal in Warsaw, 3rd Labour and Social Insurance Division, concerningthe terms of withholding and renewing the payment of old-age benefits. I. The Constitutional Tribunal adjudicated that Article 46(1) of the Act of 18 February 1994 on Old-Age Pensions of Functionaries of the Police, the Internal Security Agency, the Foreign...

• K 6/12, Exemption from the requirement of undergoing legal training for trainee advocates, as well as a new form of an examination for trainee advocates

  At the hearing on 12 February 2013 at 1 p.m., the Constitutional Tribunal considered an application, submitted by the National Council of Advocates, an exemption from the requirement of undergoing legal training for trainee advocates, as well as a new form of an examination for trainee advocates. The Constitutional Tribunal adjudicated that: 1. Article 66(1)(4)(b) of the Act of 26 May 1982 - the Law on the Profession of Advocate

• K 25/11, The terms of communication between a person detained pending trial and his/her counsel for the defence

  The lack of premisses the occurrence of which would authorise a prosecutor to permit the monitoring of correspondence carried out between a suspect and his/her counsel for the defence is inconsistent with the Constitution. At the hearing on 10 December 2012 at 10 a.m., the Constitutional Tribunal considered an application, submitted by the Polish Ombudsman, with regard to the terms of communication between a person detained pending trial and his/her counsel...

• 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...