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Press releases after the hearing

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...
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...