Press releases after the hearing

• K 30/11, Refusal as well as revocation of the ex officio appointment of defence counsel

  The lack of a judicial review for dispositions issued by the president of a given court to refuse the ex officio appointment of defence counsel for an accused person who has filed a motion in accordance with Article 78(1) of the Code of Criminal Procedure as well as failure to consider the possibility of appealing against a court’s decision to revoke the ex officio appointment of defence counsel are inconsistent with the Constitution. At the hearing...

• SK 40/12, The application of a compulsory mortgage in the course of tax inspection

  The application of a compulsory mortgage “if it may be reasonably expected that a tax liability will not be performed” is consistent with the Constitution. However, what is inconsistent with the Constitution is the complete exclusion of a limitation period with regard to tax liabilities secured with a compulsory mortgage. At the hearing on 8 October 2013 at 9 a.m., the Constitutional Tribunal considered joined constitutional complaints, submitted by a limited...

• K 22/12, Local taxes and duties levied on spas and other health resorts

  Taxes on immovable properties related to the provision of healthcare services are consistent with the Constitution. At the hearing on 26 September 2013 at 10.00 a.m., the Constitutional Tribunal considered an application, submitted by the City Council of Kołobrzeg, with regard to a tax on immovable properties related to the provision of healthcare services. The Constitutional Tribunal adjudicated that Article 5(1)(2)(d) of the Local Taxes and Duties Act...

• SK 9/10, Press release after the hearing concerning the obligatory execution of the conditionally suspended penalty of deprivation of liberty for committing a similar offence to the previous one

  At the hearing on 17 July 2013 at 9 a.m., the Constitutional Tribunal (full bench) considered a constitutional complaint, submitted by T. B., which concerned the obligatory execution of the conditionally suspended penalty of deprivation of liberty for committing an offence that was similar to the previous one. The Constitutional Tribunal adjudicated that Article 75(1) of the Act of 6 June 1997 – the Penal Code, insofar as it did not provide for...

• K 7/12, The enactment of a bill classified as urgent that aimed at increasing disability pension contributions paid by employers.

  The Act increasing disability pension contributions paid by employers is consistent with the Constitution. At the hearing on 15 July 2013 at 9.00 a.m., the Constitutional Tribunal (full bench) considered an application, submitted by a group of Sejm Deputies, with regard to the enactment of a bill classified as urgent that aimed at increasing disability pension contributions paid by employers. The Constitutional Tribunal adjudicated that: 1. the Act of...

• SK 16/12, Rules for determining the amount of a given old-age pension.

  The challenged provision of the Act on Old-Age and Disability Pensions from the Social Insurance Fund is consistent with the Constitution. At the hearing on 11 July 2013 at 11 a.m., the Constitutional Tribunal considered a constitutional complaint, submitted by Ms A.P., which concerned rules for determining the amount of a given old-age pension. The Constitutional Tribunal adjudicated that Article 21(3) of the Act of 17 December 1998 on...

• K 33/12, The Act on the ratification of the European Council Decision of 25 March 2011 amending Article 136 of the Treaty on the Functioning of the European Union with regard to a stability mechanism for Member States whose currency is the euro (2011/199/EU)

  At the hearing on 26 June 2013 at 9.00 a.m., the Constitutional Tribunal (full bench) considered an application, submitted by a group of Sejm Deputies, concerning the Act on the ratification of the European Council Decision of 25 March 2011 amending Article 136 of the Treaty on the Functioning of the European Union with regard to a stability mechanism for Member States whose currency is the euro (2011/199/EU). The Constitutional Tribunal adjudicated that...

• P 35/12, Judges’ remuneration

  A freeze in the remuneration of judges in 2012 did not infringe the Constitution. At the hearing on 13 June 2013 at 1.00 p.m., the Constitutional Tribunal considered joined questions of law, referred by the District Court for the Districts of Poznań-Grunwald and Jeżyce in Poznań (the 5th Labour Division) and the District Court in Gliwice (the 6th Labour and Social Insurance Division), concerning judges’ remuneration. The Constitutional Tribunal...

• SK 11/11, The maximum permissible hours of work to be specified for common court judges.

  The challenged provision is consistent with the Constitution. At the hearing on 7 May 2013 at 1 p.m., the Constitutional Tribunal considered a constitutional complaint, submitted by Mr Tomasz C., which concerned specifying the maximum permissible hours of work for common court judges. The Constitutional Tribunal adjudicated that Article 83 of the Act of 27 July 2001 - the Law on the Organisational Structure of Common Courts (hereinafter: the...

• K 12/12, The closing down of adoption and care centres, criteria for setting up adoption centres, and the amount of benefits for foster families

  The different amounts of benefits aimed at covering child maintenance costs that are provided for in the Act on Support for Families and on the Foster Care System are consistent with the Constitution. At the hearing on 23 April 2013 at 9.00 a.m., the Constitutional Tribunal considered an application, submitted by a group of Sejm Deputies, with regard to the closing down of adoption and care centres, criteria for setting up adoption centres, and the amount of benefits for...

• K 11/12, The application of direct coercive measures and the use of firearms or sniffer dogs by the functionaries of the Prison Service and the functionaries of the Government Protection Bureau.

  The challenged statutory authorisations are inconsistent with the Constitution. At the hearing on 26 March 2013 at 8.30 a.m., the Constitutional Tribunal considered joined applications, submitted by the Public Prosecutor-General, with regard to the application of direct coercive measures and the use of firearms or sniffer dogs by the functionaries of the Prison Service and the functionaries of the Government Protection Bureau. The Constitutional Tribunal adjudicated...

• K 27/12, The Act on the Organisational Structure of Common Courts

  At the hearing on 21 March 2013 at 9 a.m., the Constitutional Tribunal (full bench) considered joined applications, submitted by a group of Sejm Deputies and the National Council of the Judiciary, with regard to the Act on the Organisational Structure of Common Courts. In the judgment of 27 March 2013, the Constitutional Tribunal...