Press releases after the hearing

• K 33/08, An exemption from the obligation of statistical confidentiality

  The lack of indication of premisses of an exemption from the obligation of statistical confidentiality in criminal proceedings is inconsistent with the Constitution. At the hearing on 13 December 2011 at 9 a.m., the Constitutional Tribunal considered an application submitted by the Polish Ombudsman with regard to an exemption from the obligation of statistical confidentiality. The Constitutional Tribunal adjudicated that: Article 180(1) of the Act of...

• SK 45/09, The exclusion of a debtor from proceedings before the court of first instance, in the case where the proceedings regarded the enforceability of a ruling issued by a court from another EU Member State

  At the hearing on 16 November 2011 at 9 a.m., the Constitutional Tribunal (full bench) considered a constitutional complaint concerning the exclusion of a debtor from proceedings before the court of first instance, in the case where the proceedings regarded the enforceability of a ruling issued by a court from another EU Member State. The Constitutional Tribunal adjudicated that Article 41, second sentence, of the Council Regulation (EC) No 44/2001 of...

• K 16/10, Consent to medical treatment granted by a minor

  The challenged provisions are consistent with the Constitution. At the hearing on 11 October 2011 at 1 p.m., the Constitutional Tribunal considered an application of the Polish Ombudsman concerning consent to medical treatment granted by a minor. The Constitutional Tribunal adjudicated that: 1) Article 22(4) of the Act of 19 August 1994 on the protection of mental health in the part containing the wording “over the age of 16”; 2)...

• K 8/09, The special right of a bank to issue an enforced collection order against housing cooperatives which have housing loans from the so-called “old credit portfolio”

  The right of a bank to issue an enforced collection order against housing cooperatives which have housing loans from the so-called “old credit portfolio”, without any necessity to obtain a cooperative’s written statement concerning its surrender to enforced debt collection, are consistent with the Constitution. At the hearing on 13 September 2011 at 1 p.m., the Constitutional Tribunal considered an application submitted by a group of Sejm Deputies with regard to...

• K 9/11, The Electoral Code in Poland

  Two-day elections are inconsistent with the Constitution. Postal and Proxy voting are consistent with the Constitution. Television and radio ads as well as billboards are not to be ruled out. Single-member constituencies are consistent with the Constitution. At the hearing on 14 July 2011 at 8.30 a.m., the Constitutional Tribunal (full bench) considered an application, submitted by a group of Sejm Deputies, concerning the Electoral Code. In the judgment of...

• P 12/09, Criminal liability for the public insult of the President of the Republic of Poland

  Criminal liability for the public insult of the President of the Republic of Poland is consistent with the Constitution. At the hearing on 6 July 2011 at 9 a.m., the Constitutional Tribunal (full bench) considered a question of law, referred by the Circuit Court in Gdańsk, 4th Criminal Division, concerning criminal liability for the public insult of the President of the Republic of Poland. The Constitutional Tribunal adjudicated that Article 135(2) of the...

• Kp 1/11, The Act on optimising employment levels in state budget entities and in certain other entities of the public finance sector in the years 2011-2013.

  Layoffs of employees who have the status of nominated civil servants are inconsistent with the Constitution. At the hearings on 10 and 11 May and on 14 June 2011, the Constitutional Tribunal (full bench) considered an application by the President of the Republic of Poland which concerned the Act on optimising employment levels in state budget entities and in certain other entities of the public finance sector in the years 2011-2013. In the judgment...

• K 3/09, The Committee on Church Property

  The lack of guidelines in the Act on Relations Between the State and the Roman Catholic Church, as regards the content of a regulation mentioned in the Act, is inconsistent with the Constitution. At the hearings on 31 January, 18 May and 8 June 2011, the Constitutional Tribunal (full bench) considered an application submitted by a group of Sejm Deputies with regard to the Committee on Church Property. In the judgment of 8 June 2011, the...

• K 20/09, Immovable property taken over for the construction of public roads and the expiry of the period for filing claims for compensation.

  The challenged provision is consistent with the Constitution. At the hearing on 19 May 2011 at 1 p.m., the Constitutional Tribunal considered an application of the Polish Ombudsman concerning immovable property taken over for the construction of public roads and the expiry of the period for filing claims for compensation. The Constitutional Tribunal adjudicated that Article 73(4) of the Act of 13 October 1998 - Provisions implementing statutes which...

• SK 9/08, Concerning the return of expropriated immovable property.

  The return of expropriated immovable property, insofar as it overlooks Article 47(1) of the Act on the rules and procedure for expropriating immovable property as the basis for the acquisition of immovable property by the State Treasury, in the case of the property governed by the provisions of Part III, chapter 6, of the Act of 21 August 1997 on the management of immovable property, is inconsistent with the Constitution. At the hearing on...

• SK 11/12, The terms of applying for compensation for immovable properties left outside the present borders of the Republic of Poland.

  The requirement that the right to compensation is granted on condition that the former owners of immovable properties located in the pre-WW II eastern territories of the Second Republic of Poland resided in those territories on 1 September 1939 is inconsistent with the Constitution. At the hearing on 23 October 2012 at 9 a.m., the Constitutional Tribunal considered a constitutional complaint, submitted by Ms Anna M., which concerned the terms of applying for...