Press releases after the hearing

• SK 10/16, The right to receive a food parcel by persons deprived of liberty

  A request for a food parcel for a convicted person may be submitted – apart from the convicted person – only by a close person. On 19 December 2017 at 12.30 p.m.,...

• SK 29/16, Residential premises provided by authorities on the basis of an employment relationship – the acquisition of a legal title

  Although the complainant enjoys the constitutionally guaranteed protection against eviction “onto the street”, the proper act to regulate the said protection is not the Act on the Police but provisions pertaining to administrative proceedings on enforced debt collection.

• K 1/17, The Acts on the Constitutional Tribunal

  The Tribunal adjudicated that the challenged provisions of the Act of 13 December 2016 – the Introductory Provisions to the Act on the Organisation of the Constitutional Tribunal and the Mode of Proceedings Before the Constitutional Tribunal and to the Act on the Status of the Judges of the Tribunal are consistent with the Constitution. The Tribunal also stated that the challenged provision of the Act on the Status of the Judges of the Tribunal is consistent with the...

• K 3/17, The Act on the Supreme Court, insofar as it concerns the rules
  of procedure for selecting candidates for the position of the First President of the Supreme Court

  The resolution on the rules of procedure for selecting candidates for the position of the First President of the Supreme Court exceeds the admissible scope of the regulation of an internal legal act. The First President of the Supreme Court constitutes not only an internal authority of the Supreme Court but also an autonomous constitutional authority.

• K 27/15, Administrative proceedings on enforced debt collection; immovable property subject to enforced debt collection

  A situation where persons in difficult circumstances vacate a flat when there is no indication of another flat or room where they could move in, in other words eviction “onto the street”, may not be regarded as admissible in the light of respect for the dignity of the individual.

• Kp 4/15, Probation officers; legislative process

  The Marshal of the Sejm’s use of wording other than that arising from the parliamentary practice – when the Senate’s amendments to a statute were put to a vote – does not infringe the constitutional standards of the legislative process. By contrast, what constitutes a serious procedural breach is an erroneous interpretation of the outcome of the vote, as a result of which the amendments have not been taken into account in the text of a bill adopted by the Sejm and submitted for...

• SK 36/15, The terms of granting childcare allowances to supplement family benefits during the period of parental leave

  In the case where care is provided for more than one child born at one birth, one childcare allowance is granted and it is linked with a single right of a person who meets statutory requirements to receive a family benefit, which does not infringe the constitutional guarantee of the protection of the family.

• P 2/16, The terms of granting old-age pension benefits in the old and new social insurance systems

  The introduction of a more beneficial way of calculating non-contributory periods in the case of persons born after 31 December 1948 does not infringe the principle of equality.

• K 10/17, The Civil Procedure Code – evaluating the correctness of the election process with regard to a judge of the Tribunal, the President of the Tribunal and the Vice-President of the Tribunal

  On 11 September 2017, at 8.30 a.m., the Constitutional Tribunal publicly delivered its ruling, issued at a sitting in camera, as to an application about evaluating the correctness of the procedure for electing a judge of the Tribunal as well as appointing the President and Vice-President of the Tribunal, lodged by a group of Sejm Deputies.

• SK 35/15, The terms of determining rates for the services of advocates as well as the State Treasury’s payment of the costs of unpaid court-appointed legal representation

  On 21 June 2017 at 9.00 a.m., the Constitutional Tribunal publicly delivered its ruling, issued at a sitting in camera, with relation to the constitutional complaint lodged by Ms B. K.-A. with regard to the terms of determining rates for the services of advocates as well as the State Treasury’s payment of the costs of unpaid court-appointed legal representation.

• P 124/15, The admissibility of both criminal liability and an administrative-law sanction for the same individual in the context of the same offence

  On 20 June 2017 at 3 p.m., the Constitutional Tribunal publicly delivered its ruling, issued at a sitting in camera, with reference to a question of law, referred by the District Court in Głubczyce (2nd Division – Criminal Matters), pertaining to the admissibility of both criminal liability and an administrative-law sanction for the same individual in the context of the same offence.

• K 5/17, The Act on the National Council of the Judiciary

  On 20 June 2017 at 12.30 p.m., the Constitutional Tribunal considered an application filed by the Public Prosecutor-General with regard to the way of regulating the procedure for electing judges to be members of the National Council of the Judiciary as well as shaping the provisions on the terms of office of elected members of the said Council in the Act on the National Council of the Judiciary.