Press releases after the hearing

• K 18/09, Time-limit set for appointing judges by the President of the Republic of Poland

  Setting a time-limit for appointing common court judges by the President in a statute is inconsistent with the Constitution. At the hearing on 5 June 2012 at 9 a.m., the Constitutional Tribunal considered an application submitted by the President of the Republic of Poland with regard to a time-limit set for appointing judges by the President. The Constitutional Tribunal adjudicated that Article 55(1) of the Act of 27 July 2001 - the Law...

• SK 17/09, Regulation which requires that periods of employment abroad should be taken into account as contributory periods, on condition that a given person’s repatriate status has been confirmed by the submission of a relevant official decision

  The requirement that periods of employment abroad should be taken into account as contributory periods, on condition that a given person’s repatriate status has been confirmed by the submission of a relevant official decision, is consistent with the Constitution. At the hearing on 29 May 2012 at 1 p.m., the Constitutional Tribunal considered a constitutional complaint, submitted by Ms Luba W.-Z., which concerned the regulation which required that periods of...

• K 7/10, Regulations on promotion opportunities for common court judges

  The imprecise regulation of the professional situation of judges is inconsistent with the Constitution. At the hearing on 8 May 2012 at noon, the Constitutional Tribunal considered an application submitted by the President of the Republic of Poland with regard to regulations on promotion opportunities for common court judges. The Constitutional Tribunal adjudicated that: - Article 4(1) of the Act of 19 December 2008 amending the Law on...

• K 33/11, Access to public information (a restriction on the right to public information due to the protection of a vital state interest)

  The way of introducing the challenged provisions is inconsistent with the Constitution. At the hearing on 18 April 2012 at 8.30 a.m., the Constitutional Tribunal considered an application submitted by the President of the Republic of Poland with regard to access to public information (a restriction on the right to public information due to the protection of a vital state interest). The Constitutional Tribunal adjudicated that Article 1(4)(a)...

• P 20/10, Provisions on counteracting drug addiction (the phrase “considerable amount”)

  The lack of specific information on the amount of narcotic drugs and psychotropic substances in the Act does not infringe the Constitution. The phrase “considerable amount” allows judges to provide the interpretation of law and to adequately apply it to cases under examination. At the hearing on 14 February 2012 at 9 a.m., the Constitutional Tribunal considered a question of law, referred by the District Court for the District of Krowodrza in Kraków, concerning...

• 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...