Statistical data
1 January 1997 - 30 April 1997

Constitutional review
Decisions:
• Cases decided on their merits: 9
• Cases discontinued: 2
Types of review:
• Ex post facto review: 11
• Preliminary review: 0
• Abstract review (Article 22 of the Constitutional Tribunal Act): 9
• Courts' referrals ("legal questions", Article 25 of the Constitutional Tribunal Act): 2
Challenged normative acts:
• Cases concerning the constitutionality of statutes: 10
• Cases on the legality of other normative acts under the Constitution and statutes: 1
Holdings:
• The statutes in question to be wholly or partly unconstitutional (or the acts of lower rank to violate the provisions of superior laws and the Constitution): 4
• Upholding the constitutionality of the provisions in question: 5

Universally binding interpretation of laws
Resolutions issued under Article 13 of the Constitutional
Tribunal Act: 4
Motions requesting such interpretations rejected: 1

Subject matter of important decisions
Access to courts
8 April 1997 (K 14/96)
Electoral law
30 April 1997 (W 1/97)
Housing
4 February 1997 (P 4/96)
18 February 1997 (K 16/96)
Labour disputes, Trade unions
24 February 1997 (K 19/96)
Publication of laws
21 January 1997 (K 18/96)
Right to work for remuneration
7 January 1997 (K 7/96)
Social benefits 25 February 1997 (K 21/95)
Status of members of parliament
18 March 1997 (K 15/96)

Important decisions

Identification: POL-1997-1 -001
a) Poland / b) Constitutional Tribunal / c) / d) 07.01.1997 / e) K 7/96 / f) / g) to be published in Orzecznictwo Trybunafu Konstytucyjnego Zbior Urzedowy (Official collection of the decisions of the Tribunal) / h).

Keywords of the systematic thesaurus:
Sources of Constitutional Law - Techniques of interpretation - Concept of constitutionality dependent on a specified interpretation.
Fundamental Rights - General questions – Entitlement to rights - Natural persons - Prisoners.
Fundamental Rights - Civil and political rights – Equality - Criteria of distinction.
Fundamental Rights - Economic, social and cultural rights - Right to work.

Keywords of the alphabetical index: Prisoners, employment / Minimum wage / Prisoners, minimum wage.

Headnotes:
Prisoners may not be remunerated for their work below the minimum wage provided for other categories of employees.

Summary:
According to the Penal Code, as amended in 1995, a person in custody is remunerated for his/her work on the same basis as all other employees, until he/she agrees to work for a lower wage. The above rule has been introduced to increase the chances of prisoners being employed.
The applicant (the Commissioner for Civil Rights Protection) argued that the provision in doubt infringed the constitutional principles of equality and social justice as well as the principle of remuneration being proportional to quantity and quality of work. In the Ombudsman's opinion the Penal Code provided for less advantageous conditions of remuneration of prisoners than those applying to the rest of employees.
The Tribunal found the provision in question constitutional, provided it would not be construed as authorising the employers to remunerate prisoners below the legally established minimum wage.

Languages: Polish.

Identification: POL-1997-1 -002
a) Poland / b) Constitutional Tribunal / c) / d) 21.01.1997 / e) K 18/96 / f) / g) to be published in Orzecznictwo Trybunafu Konstytucyjnego Zbior Urzedowy (Official collection of the decisions of the Tribunal) / h).

Keywords of the systematic thesaurus:
General Principles - Separation of powers.
General Principles - Rule of law.
General Principles - Legality.
General Principles - Publication of laws.

Keywords of the alphabetical index: Normative act, unified text.

Headnotes:
The unified text of a normative act (text edited and promulgated by the executive, incorporating all previous amendments and deletions) must not create any new legal norms.

Summary:
It was found by the Tribunal that the 1994 announcement of the Minister of Environmental Protection on the promulgation of the unified text of the 1980 Law on the Protection and Development of the Environment violated the constitutional principles of rule of law and legality as well as the principle of separation of powers. According to the Tribunal, the Minister did not have any power to decide, while editing the above mentioned unified text, that certain duties of the former "local organs of state administration" with respect to cleansing and refuse management had been vested exclusively with municipalities after the 1990 local self-government reform.
The Tribunal recalled that the unified text of a normative act (text edited and promulgated by the executive, consolidating all previous amendments and deletions) should consist of the binding provisions of law only and must not create any new legal norms. Accordingly, any announcement on the unified text modifying the contents of the legal provisions in force must be found in breach of the constitutional principles of state ruled by law and of separation of powers.
Supplementary information:
The Tribunal held that its decision repealed only the unified text publication but did not directly refer to the 1980 Law on the Protection and Development of the Environment. This law should therefore not be subject to any scrutiny by the Sejm.

Languages: Polish.

Identification: POL-1997-1-003
a) Poland / b) Constitutional Tribunal / c) / d) 04.02.1997 / e) P 4/96 / f) / g) to be published in Orzecznictwo Trybunafu Konstytucyjnego Zbior Urzedowy (Official collection of the decisions of the Tribunal) / h).

Keywords of the systematic thesaurus:
General Principles - Social State.
Fundamental Rights - Civil and political rights – Equality - Criteria of distinction.
Fundamental Rights - Civil and political rights – Right to family life.
Fundamental Rights - Economic, social and cultural rights - Right to housing.

Keywords of the alphabetical index: Housing, allowance.

Headnotes:
Certain limitations of the right to housing allowance which are discriminatory to families of low income with many children have been found in contradiction to the principles of the Constitution.

Summary:
Benefits provided for in the 1994 Law on the Lease of Apartments and Housing Allowances are intended to compensate a part of housing expenditure for families who spend a relatively big part of their total income on housing rent.
The aforementioned law provides that the right to housing allowance depends on:
- per capita income of the family concerned,
- per capita housing space and the number of members of the family concerned.
Once the space of premises (located in a multi-flat building) occupied by the family applying for allowance exceeds 91 square metres, no allowance may be granted, notwithstanding the number of family members. As a result, even an eight-person family living in an apartment of 114 square metres is not entitled to any allowance (example taken from the court case from which the referral to the Constitutional Tribunal was made).
According to the Tribunal, the provision in doubt infringes the constitutional principles of social justice and equality since it discriminates against families of low income with many children, who - because of reasons being beyond their control - are not able to move to a smaller apartment. The Tribunal decision's reasoning compares their situation to the situation of families earning similar per capita income, but occupying smaller apartments, who may be granted the allowance. Additionally, the Tribunal found the disputed provisions in breach of the constitutional principle proclaiming the special protection of the State to families with many children.

Languages: Polish.

Identification: POL-1997-1 -004
a) Poland / b) Constitutional Tribunal / c) / d) 18.02.1997 / e) K 16/96 / f) / g) to be published in Orzecznictwo Trybunafu Konstytucyjnego Zbior Urzedowy (Official collection of the decisions of the Tribunal) / h).

Keywords of the systematic thesaurus:
Sources of Constitutional Law - Techniques of interpretation - Concept of constitutionality dependent on a specified interpretation.
Sources of Constitutional Law - Techniques of interpretation - Weighing of interests.
General Principles - Social State.
Fundamental Rights - Civil and political rights – Equality - Criteria of distinction.
Fundamental Rights - Economic, social and cultural rights - Right to housing.

Keywords of the alphabetical index:
Housing lease / Justice, principles / Housing, social premises / Social premises, right / Housing, eviction.

Headnotes:
Courts deciding on the eviction of lessees and granting them the right to "social premises" should consider the financial standing and family situation of persons being evicted in comparison with the situation of other persons from the social premise waiting list.

Summary:
Under the 1994 law on the lease of apartments and housing allowances, a lease agreement for social premises may be concluded by a municipality with an indigent person who is not able to satisfy his/her housing needs by renting an apartment on a regular basis. Granting social premises is one of the tasks of municipalities, which inter alia determine rents for such premises and the priority list of families entitled to social premises.
Similarly, the courts deciding on eviction of lessees may rule on the right of such persons to social premises. The relevant municipality is obliged in that case to conclude the lease agreement for social premises with the evicted lessee first of all.
The applicant (one municipal council) argued that the above rule contradicted the constitutional principles of social justice and equality by diminishing the scope of municipality powers to decide on the priority of concluding the lease agreements for social premises. It infringed in their opinion also the rights of families already put by the relevant municipality on the social premise priority list.
The Tribunal held that the provisions in doubt were not in breach of the aforementioned principles of the Constitution provided they were applied after consideration of the difficult financial standing and family situation of the considered persons in comparison with the situation of other persons from the municipality's social premises waiting list.
The Tribunal found no violation of the principle of equality as it believed that the correct application of the provisions in question should secure equal rights for persons in a similar situation to conclude agreements on lease of social premises with the same priority.

Languages:Polish.

Identification: POL-1997-1-005
a) Poland / b) Constitutional Tribunal / c) / d) 24.02.1997 / e) K 19/96 / f) / g) to be published in Orzecznictwo Trybunatu Konstytucyjnego Zbior Urzedowy (Official collection of the decisions of the Tribunal) / h).

Keywords of the systematic thesaurus:
Constitutional Justice - Constitutional jurisdiction -Relations with other institutions - Legislative bodies.
Constitutional Justice - Types of claim - Claim by a private body or individual - Trade unions.
Fundamental Rights - Economic, social and cultural rights - Freedom of trade unions.

Keywords of the alphabetical index:
Collective labour agreements / Collective labour disputes / Constitutional Court, powers.

Headnotes:
The Constitutional Tribunal is not empowered to verify the political decisions of the legislature provided they were transformed into law with no breach of the norms, principles or values of the Constitution.

Summary:
The applicants challenged one of the provisions of the 1991 law on the settlement of collective labour disputes according to which the manager of a relevant public sector unit, instead of the relevant governmental minister or municipal executive, is a party to a dispute initiated by a public sector trade union.
According to the Tribunal, under the Labour Code the "direct' employer of persons hired by units which are part of governmental or municipal administration is the relevant unit represented by its manager. It has been clearly intended by the legislator not to involve ministers or municipal executives as parties to collective labour disputes carried on in the public sector.
The above rule does not contradict the constitutional provision according to which the trade unions play an "important public function" representing the interests and rights of working people. In the Tribunal's opinion the collective labour disputes legal regulations do not annul the constitutionally determined role of trade unions and do not put this role below the constitutionally indicated level of "importance".
Supplementary information:
The Tribunal recalls that it is not entitled to examine the accuracy of the legislature's decisions. A law may be only exceptionally found unconstitutional because it lacks certain specific provisions. Unless the political decisions of the legislature infringe the norms, principles or values of the Constitution, they are beyond the scope of the Tribunal's control.

Languages: Polish.

Identification: POL-1997-1-006
a) Poland / b) Constitutional Tribunal / c) / d) 25.02.1997 / e) K 21/95 / f) / g) to be published in Orzecznictwo Trybunafu Konstytucyjnego Zbior Urz^dowy (Official collection of the decisions of the Tribunal) / h).

Keywords of the systematic thesaurus:
General Principles - Social State.
General Principles - Rule of law.
Fundamental Rights - Civil and political rights – Equality - Criteria of distinction.
Fundamental Rights - Economic, social and cultural rights - Right to social security.
Fundamental Rights - Economic, social and cultural rights - Right to a sufficient standard of living.

Keywords of the alphabetical index:
Social benefits / Acquired rights / Social justice.

Headnotes:
The constitutional principles related to the system of social assistance must be construed in the light of the principle of a state ruled by law and the principle of social justice and upon consideration of the common need to create a healthy economy and a balanced State budget.

Summary:
The Ombudsman, who filed the application in the present case, argued that some provisions of the 1994 law on family and medical-care allowances substantially limited the rights to these benefits, inter alia by narrowing the category of persons entitled to family allowances. The Constitutional Tribunal found no reason to declare the provisions in question contrary to the constitutional principles of equality and of social justice.
The Tribunal defined family and medical-care allowances as forms of State financial aid directed at people in need.
 According to the Tribunal, the legislature enjoys a relatively wide range of discretion when transforming its political and economic decisions into law while creating or reforming the systems of national product redistribution of that kind. The legislature must not, however, trespass the limits set forth in the Constitution. The Tribunal itself is not empowered to verify the accuracy of the detailed provisions of law or instruct the legislature how to achieve specific social or economic aims. Particularly, a law may not be presumed uncon-stitutional solely on the basis that it is less advantageous for persons concerned compared to legal regulations previously in force.
The principle expressed in Article 70 of the constitutional provisions of 1952 which is still in force providing for "development of social assistance of the State" must be re-interpreted in the light of the fundamental amendments introduced to the Constitution after 1989, namely the principles of the rule of law and social justice. According to the Tribunal, the "development of social assistance must now consider the need to create a healthy economy and a balanced State budget. Therefore "development" of social assistance must not be identified with expanding the various forms of social assistance or widening the categories of persons entitled to assistance.

Languages: Polish.

Identification: POL-1997-1 -007
a) Poland / b) Constitutional Tribunal / c) / d) 18.03.1997 / e) K 15/96 / f) / g) to be published in Orzecznictwo Trybunafu Konstytucyjnego Zbior Urzedowy (Official collection of the decisions of the Tribunal) / h).

Keywords of the systematic thesaurus:
General Principles - Rule of law.
Institutions - Legislative bodies - Status of members of legislative bodies.
Fundamental Rights - Civil and political rights – Equality - Criteria of distinction.

Keywords of the alphabetical index: Deputies, incompatibilities.

Headnotes:
Statutory rules intended to encourage deputies and senators to favour their political work over any additional employment or business activity, are intended to result in parliamentary mandate being more professional and do not infringe the principles of the Constitution.

Summary:
According to the 1996 law on exercising the parliamentary mandate, parliamentary salaries (and other forms of compensation derived from it) are paid from the State budget only to deputies and senators who decide that the parliamentary duty will be their predominant professional activity. In the Tribunal's opinion the above rule does not contravene the constitutional principles of state ruled by law or equality. The wide prohibition (subject to very few exceptions) against deputies holding posts and being employed by organs of state administra-tion (as well as the courts, the prosecutors' offices, the army, etc.) is not contrary to the Constitution either.
In the Tribunal's opinion the above rules are intended to encourage deputies and senators to favour their professional political work over any additional employment or economic activity. They are intended to result in parliamentary mandates getting a more professional character. The legislature's preference for persons who consider parliamentary activity as their predominant occupation is adequate to the public interest which is supported this way, namely the financial independence of deputies and senators.

Languages: Polish.

Identification: POL-1997-1-008
a) Poland / b) Constitutional Tribunal / c) / d) 08.04.1997 / e) K 14/96 / f) / g) to be published in Orzeczictwo Trybunafu Konstytucyjnego Zbior Urz^dowy (Official collection of the decisions of the Tribunal) / h).

Keywords of the systematic thesaurus:
General Principles - Rule of law.
Institutions - Army and police forces.
Fundamental Rights - Civil and political rights -Procedural safeguards - Access to courts.

Keywords of the alphabetical Index: State security, organs.

Headnotes:
The suppression of judicial control over decisions on the dismissal of State Security Office employees is contrary to the constitutional principle of access to courts.

Summary:
According to the Tribunal, the 1995 law revoking the possibility to appeal against decisions to dismiss officers of the State Security Office (SSO) because of the "important interest of service" is contrary to the constitu-tional principle of access to courts (derived from the principle of state ruled by law). The Tribunal also found a violation of the constitutional principle declaring that the Republic of Poland is a state that "strengthens and extends the rights and freedoms of citizens", but the majority of the panel did not declare the provision in question contrary to the principle of equality.
The Tribunal considered the provision in question to be a regression in comparison to rules previously in force. Before the amendment came into force, the law provided the right for SSO officers to bring the dismissal decision before an administrative court regardless of the grounds for dismissal.

Languages: Polish.

Identification: POL-1997-1-009
a) Poland / b) Constitutional Tribunal / c) / d) 30.04.1997 / e) W 1/97 / f) / g) to be published in Orzecznictwo Trybunafu Konstytucyjnego Zbior Urzedowy (Official collection of the decisions of the Tribunal) / h).

Keywords of the systematic thesaurus:
Fundamental Rights - Civil and political rights - Electoral rights.
Fundamental Rights - Civil and political rights - Protection of minorities and persons belonging to minorities.

Keywords of the alphabetical index: Electoral law / Electoral Commission / Minorities, electoral privileges.

Headnotes:
The Tribunal decided inter alia that the electoral committees of "registered" organisations of national minorities may, upon their request, be released from the obligation to achieve at least 5% of the vote cast on a nation-wide scale and included in the division of seats in the Parliament. The State Electoral Commission may request the electoral committees of national minorities to prove their entitlement to the above privilege.

Summary:
The present resolution clarifies some doubts on the interpretation of the 1993 law on elections to the Sejm.
The Tribunal also provided for conditions upon which certain electoral committees may be released from the duty to submit at least 3000 signatures of voters supporting their district list of candidates. According to the Tribunal, the above privilege may only be applied to electoral committees which - immediately after a previous general election - formed a parliamentary caucus consisting of at least 15 deputies and which kept the political identity during the term of Parliament.

Languages: Polish.