Press releases after the hearing

• P 50/13, The illegal abstraction of electricity; the admissibility of both criminal liability and civil liability that implies a sanction (the payment of a charge) to be applied for the same act committed by a given individual

  In the context of a prohibited act consisting in the illegal abstraction of electricity committed by a given individual, it is consistent with the Constitution to simultaneously hold the said person criminally liable for the offence of electricity theft specified in Article 278(5) of the Penal Code as well as and impose on him/her the payment of a charge provided for in Article 57(1)(1) of the Energy Law. On 21 October 2014 at 9.00, the Constitutional...

• SK 20/12, Freedom to contract; the freedom of economic activity

  The challenged provision of the Act on Counteracting Unlawful Competition is consistent with the Constitution. At the hearing on 16 October 2014 at 9.00 a.m., the Constitutional Tribunal considered a constitutional complaint submitted by a limited liability company with regard to a prohibition against hindering enterprises’ access to the market by charging fees other than trade margins for admitting goods for sale. The Constitutional Tribunal adjudicated that...

• SK 22/13, The rights of the injured person in criminal proceedings; the injured person as the subsidiary prosecutor

  Failure to guarantee that the injured person has the possibility of participating in a court sitting regarding the discontinuation of proceedings prior to a court hearing infringes the said person’s constitutional right to a fair trial. On 30 September at 2 p.m., the Constitutional Tribunal pronounced a judgment concerning a constitutional complaint lodged by Mr T. J. with regard to the rights of the injured person in criminal proceedings and the rights of...

• K 49/12, The Polish Tax Code; the so-called silent interpretation

  The challenged provision of the Polish Tax Code, insofar as the term ‘the non-issuance of an interpretation’ does not mean failure to serve it within the time-limit set out in Article 14d of the said Code, is consistent with the Constitution. At the hearing on 25 September 2014 at 9.00 a.m., the Constitutional Tribunal considered an application, submitted by the Polish Ombudsman, with regard to the Polish Tax Code as to the question of the so-called silent...

• SK 7/13, A restriction imposed on the exercise of the right of ownership within the scope of the principle of return of expropriated immovable property

  The challenged provision of the Act of 21 August 1997 on the Management of Immovable Property is not inconsistent with the Constitution. At the hearing on 23 September 2014 at 1.00 p.m., the Constitutional Tribunal considered a constitutional complaint, submitted by Ms D.K., with regard to a restriction imposed on the exercise of the right of ownership within the scope of the principle of return of expropriated immovable property. The Constitutional...

• K 44/12, The Act on Assemblies

  Six of the challenged provisions of the Act on Assemblies are inconsistent with the Constitution.  At the hearing on 18 September 2014 at 9 a.m., the Constitutional Tribunal considered joined applications, submitted by two groups of Sejm Deputies and the Polish Ombudsman, with regard to the provisions of the Act on Assemblies which specified inter alia rules of procedure in the case of several assemblies taking place at the same time or in the same...

• K 23/11, Determining the catalogue of information on the individual, gathered by technical means in operational activities; rules for deleting obtained data

  At the hearings on 1, 2 and 3 April as well as on 30 July 2014, the Constitutional Tribunal (full bench) considered joined applications, submitted by the Polish Ombudsman and the Public Prosecutor-General, with regard to determining the catalogue of information on the individual, gathered by technical means in operational activities, as well as rules for deleting obtained data. In its judgment of 30 July 2014, the Constitutional Tribunal adjudicated...

• K 25/13, Processing the personal data of potential bone marrow donors

  It is consistent with the Constitution to enter the following information into the central register of unrelated potential donors of bone marrow and umbilical cord blood: name and surname, place of birth, address and PESEL number (Polish ID number) of a given candidate for the said donor as well as information on an entity that examined...

• K 36/13, Liability of the State Treasury for damage caused by bison, wolves, lynxes and bears

  The challenged provisions of the Nature Protection Act are inconsistent with the Constitution. At the hearing on 21 July 2014 at 1 p.m., the Constitutional Tribunal considered an application, submitted by the Polish Ombudsman, with regard to the liability of the State Treasury for damage caused by bison, wolves, lynxes and bears. The Constitutional Tribunal adjudicated that: - Article 126(1)(1) of the Nature Protection Act of...

• K 23/13, A ground for revoking a legally effective fine

  Depriving a fined person of the right to revoke a legally effective fine issued on the basis of a normative act which was subsequently ruled by the Constitutional Tribunal to be inconsistent with the Constitution, a ratified international agreement or statute is inconsistent with the Constitution. At the hearing on 15 July 2014 at 9.00 a.m., the Constitutional Tribunal considered an application, submitted by the Polish Ombudsman, with regard to a ground for revoking a...

• K 51/12, Disabled persons deprived of the possibility to hold the offices of mayors of villages, towns or cities

  A medical statement on total incapacity for work or incapacity for self-care issued after a given person has been elected to hold the office of the mayor of a village is consistent with the Constitution. At the hearings on 29 October 2013 and 23 January 2014, the Constitutional Tribunal considered an application, submitted by the Polish Ombudsman, with regard to disabled persons deprived of the possibility to hold the offices of mayors of villages, towns or...

• SK 5/12, Terms of appointing a guardian in order to exercise the rights of a minor who is the aggrieved party in criminal proceedings

  At the hearings on 15 October 2013 and 21 January 2014, the Constitutional Tribunal considered joined constitutional complaints which concerned the terms of appointing a guardian in order to exercise the rights of a minor who was the aggrieved party in criminal proceedings. At the hearings on 27 March 2012 and 15 November 2012, pursuant to Article 153(2) of the Act of 17 November 1964 – the Code of Civil Procedure in...