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Press releases after the hearing

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...
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...