Press releases after the hearing

• K 34/15, The Constitutional Tribunal Act

  On 3 December 2015 at 9 a.m. the Constitutional Tribunal considered an application submitted by a group of Sejm Deputies with regard to the provisions of the Constitutional Tribunal Act of 25 June 2015 concerning, inter alia, the election of judges to the Tribunal, the status of judges, and proceedings before the Tribunal. The Constitutional Tribunal adjudicated that: 1) Article 3 of the Constitutional Tribunal Act of...

• SK 66/13, The exclusion of a judge in the criminal procedure

  “The ex lege exclusion of a judge is an exceptional measure. It constitutes a departure from the rule that every judge is authorised to adjudicate in a case falling within the scope of the jurisdiction of the court where s/he adjudicates,” stated the Constitutional Tribunal. On 16 April 2015 at 9 a.m., the Constitutional Tribunal considered a constitutional complaint submitted by Mr D.N. with regard to the exclusion of a judge. The Constitutional...

• P 45/12, Banks’ referral of debts to enforcement proceedings, bypassing the court’s examination

  “Permitting banks to issue bank enforcement orders is inconsistent with the principle of equal treatment,” stated the Constitutional Tribunal. On 14 April 2015 at 9 a.m., the Constitutional Tribunal considered joined questions of law, submitted by the District Court in Konin, 5^th Commercial Division, with regard to the provisions of the Banking Act which permitted banks to issue bank enforcement orders. The Constitutional Tribunal adjudicated that...

• P 31/12, Lustration proceedings versus judges’ immunity

  “The need to carry out a lustration process with regard to judges in order to ensure their independence in adjudication should be balanced out with proper guarantees that safeguard judges and the administration of justice,” stated the Constitutional Tribunal. On 2 April 2015 at 9.00 a.m., the Constitutional Tribunal considered a question of law, submitted by the Circuit Court in Gliwice, as to whether judges’ immunity comprised liability for filing a false lustration...

• K 31/13, The amounts of fines for breaches of provisions on fisheries; differentiation within the category of liable entities

  “The legislator authorised a competent minister to specify the amounts of the said fines, depending on the types of breaches and the socially detrimental effects thereof. He did not entrust the minister with the power to specify minimum fines,” stated the Constitutional Tribunal. At the hearing on 17 March 2015 at 1 p.m., the Constitutional Tribunal considered an application filed by a group of Sejm Deputies with regard to the amounts of fines for breaches of...

• P 4/14, Gambling

  “The Gambling Act was enacted without any violation of the legislative procedure set out in the Constitution, and making gaming machines available for use exclusively in casinos meets the requirements of an important public interest, thus justifying the restriction of the freedom of economic activity,” held the Constitutional Tribunal. On 11 March 2015 at 9.00 a.m., the...

• K 29/13, Converting the right of perpetual usufruct to the right of ownership in the context of communal immovable properties

  “Extending the scope of the conversion of the right of perpetual usufruct to the right of ownership infringes the principle of protection of citizens’ trust in the state and its laws as well as the principle of social justice, and undermines the self-governing nature of communes,” stated the Constitutional Tribunal. At the hearing on 10 March 2015 at 9 a.m., the Constitutional Tribunal (full bench) considered joined applications filed by: the City Council in Szczecin, the...

• K 39/12, Prohibition on the processing of sensitive personal data (the processing of personal data by authorised employees of the Supreme Chamber of Control (NIK))

  The processing of data that reveal individuals’ political opinions, religious beliefs or philosophical convictions, as well as information on their genetic codes, addictions or sexual lives, is not useful in the context of the constitutional and statutory catalogue of entities audited by the Supreme Chamber of Control and the scope of an admissible audit. At the hearing on 20 January 2015 at 9 a.m., the Constitutional Tribunal considered an...

• K 52/13, Ritual Slaughter

  The lack of permission to subject animals to slaughter in a slaughterhouse in accordance with special methods prescribed by religious rites is inconsistent with the Constitution of the Republic of Poland. Criminal liability for subjecting animals to such slaughter is inconsistent with the Constitution. At the hearings on 3 and 10 December, the Constitutional Tribunal (full bench) considered an application filed by the Association of Jewish Religious Communities in the...

• K 54/13, Pre-trial detention; the lack of the possibility of telephone communication between a person detained pending trial and his/her counsel for the defence

  An absolute prohibition against the use of a telephone by a person detained pending trial for the purpose of communicating with his/her counsel for the defence is inconsistent with the Constitution. At the hearing on 25 November 2014 at 9 a.m., the Constitutional Tribunal considered an application, submitted by the Polish Ombudsman, with regard to detention pending trial and the lack of the possibility of telephone communication between...

• SK 55/13, Counteracting drug addiction; the right to decide about the protection of one’s life and health

  The challenged provisions of the Act on Counteracting Drug Addiction, insofar as they concern hemp other than fibrous hemp, are consistent with the Constitution. At the hearing on 4 November 2014 at 1 p.m., the Constitutional Tribunal considered a constitutional complaint submitted by Mr Ł. P. with regard to counteracting drug addiction and exercising the right to decide about the protection of one’s life and health. The...

• K 8/14, Failure to exercise statutory authorisation; rules for proceedings before a consul

  Rules for proceedings before a consul is inconsistent with the Constitution. At the hearing on 28 October 2014 at 1 p.m., the Constitutional Tribunal considered an application filed by the Polish Ombudsman with regard to failure to exercise statutory authorisation and rules for proceedings before a consul. The Constitutional Tribunal adjudicated that: - Article 31(1) of the Act of 13 February 1984 on the Duties of Consuls of the Republic...