POLAND - CONSTITUTIONAL COURT
Reference period 1 April - 31 August 1993

STATISTICAL DATA

Number of decisions concerning the conformity of legislative acts with the Constitution: 5 Number of provisions concerning the discontinuance of legal proceedings because a normative act has lost its binding force before the Constitutional Tribunal adjudication, as well as when a case is left pending or without cognizance: 8 Number of resolutions of the Constitutional Tribunal on the establishment of the generally binding interpretation of laws: 5

SUBIECT MATTER OF IMPORTANT DECISIONS

P 7/92/13 July 1993 / - Social justice. Sufficient standard of living. Ê 7/92/20 April 1993 / U 12/92/20 April 1993 / - Freedom of conscience and creed.

OTHER INFORMATION

By the virtue of the order of the President of the Republic of Poland of 29 May 1993, the Parliament (the Sejm and the Senat) was legally dissolved and new elections were announced for 19 September 1993. Since the specified categories of the decisions of the Tribunal must also be considered by the Sejm (decisions relating to the laws and other rules having the force of law), they are still ineffective and not executed.

I.

1. Identification: Poland - Constitutional Court - Decision of 23 February 1993 (Case No. Ê 10/92).

2. Keywords of the systematic thesaurus:

CONSTITUTIONAL JUSTICE - The subject of review - Legislative or quasi-legislative regulations.
CONSTITUTIONAL JUSTICE - Constitutional proceedings - Types of claim - Claim by a public body - Other.
INSTITUTIONS - Principles of State organisation.
FUNDAMENTAL RIGHTS - Civil and political rights - Equality.
FUNDAMENTAL RIGHTS - Economic, social and cultural rights - Right to social security.

3. Keywords of the alphabetical index: Legislative regulations / Ombudsman / Social security / Principle of social justice.

4. Summary:

The Law on Farmers' Social Security entitled "relatives" of farmers, who are not subject to paying social security as a person who farms, to one-time compensation for permanent bodily injury which occurs as a result of occasional work with the family's farm.

The law granting the right to compensation to all "relatives" of farmers except the farmer's spouse has been declared contrary to the constitutional principles of equality and social justice.

The fact that the voluntary social security of farmers depends not only on the farmer's payments but also on the continuous income from a farm cannot be declared as inconsistent with the constitutional principle of social justice, especially, as the difference between farmers' payments and the total amount of compensations is covered by donations from the State budget. The law on social security should be modified with respect to the level of economic development of the State.

II.

1. Identification: Poland - Constitutional Court - Decision of 6 April 1993 (Case No. Ê 7/92).

2. Keywords of the systematic thesaurus:

CONSTITUTIONAL JUSTICE - The subject of review - Legislative or quasi-legislative regulations.
CONSTITUTIONAL JUSTICE - Constitutional proceedings - Types of claim - Claim by a public body - Other.
INSTITUTIONS - Principles of State organisation.
FUNDAMENTAL RIGHTS - Civil and political rights - Equality.

3. Keywords of the alphabetical index: Legislative regulations / Ombudsman / Principle of social justice.

4. Summary:

The provisions of the Law on Employment and Unemployment restricting the rights of an unemployed person due to his/her marital status and income of his/her spouse has been declared to be inconsistent with the Constitution. The provisions in question waived the right to unemployment benefits of any unemployed person who lives with a spouse whose income is more than double the average monthly salary. Differentiation of the social and legal status of unemployed persons has been made on the basis of features unconnected with the chance of finding employment. This cannot be declared as consistent with the principle of social justice and the principle of equality.

III.

1. Identification: Poland - Constitutional Court - Decision of 20 April 1993 (Case No. P 6/92).

2. Keywords of the systematic thesaurus:

CONSTITUTIONAL JUSTICE - The subject of review - Legislative or quasi-legislative regulations.
CONSTITUTIONAL JUSTICE - Constitutional proceedings - Types of claim - Claim by a public body - Other.
INSTITUTIONS - Principles of State organisation - Rule of law.
INSTITUTIONS - Principles of State organisation - Other.
FUNDAMENTAL RIGHTS - Civil and political rights - Equality.
FUNDAMENTAL RIGHTS - Civil and political rights - Right to property.

3. Keywords of the alphabetical index: President of the Chief Administrative Court / Principle of social justice.

4. Summary:

The decision relates to the provisions of the law on the administration of State/public lands designated for building. The disposing of land divided into separated plots due to construction reasons has been subject to certain administrative limitations. In the Tribunal's opinion, this has infringed the real estate owner's rights protected by the Constitution.

IV.

1. Identification: Poland - Constitutional Court - Decision of 20 April 1993 (Case No. U 12/92).

2. Keywords of the systematic thesaurus:

CONSTITUTIONAL JUSTICE - Types of litigation - Litigation in respect of fundamental rights and freedoms.
CONSTITUTIONAL JUSTICE - Types of litigation - Litigation in respect of the formal validity of normative measures.
CONSTITUTIONAL JUSTICE - The subject of review - Rules issued by the executive.
CONSTITUTIONAL JUSTICE - Constitutional proceedings - Types of claim - Claim by a public body - Other.
CONSTITUTIONAL JUSTICE - Constitutional proceedings - Types of claim - Type of review - Ex post facto review.
INSTITUTIONS - Principles of State organisation - Relations between the State and bodies of a religious or ideological nature.
FUNDAMENTAL RIGHTS - Civil and political rights - Freedom of conscience.

3. Keywords of the alphabetical index: Educational system / Freedom of conscience and creed / Separation of the Church and the State / Secularity and neutrality of the State / Right to keep silent in matters of religion and convictions / Ombudsman.

4. Summary:

The decision thereof relates to the conformity of the order of the Minister for National Education on rules of organisation of religious classes in public schools with the Constitution and other laws (above all the Educational System Act, ensuring the organisation of religious education in public schools upon the request made by parents or school-children, as well as the Freedom of Conscience and Creed Guarantees Act). Declaring most of the provisions of the order in question legal and constitutional, the Tribunal observes that: - the payment of wages to teachers of religion by the State is not prohibited by the Constitution and laws; - putting the religion (or ethics) marks in official school reports is consistent with the constitutional principle of the separation of the churches and the State and legal principles of secularity and neutrality of the State; - the possibility of placing religious symbols in class-rooms (e.g. to hang the cross) and to say prayer there does not violate the constitutional provision prohibiting (the forced participation of school-children) in religious activities or rites (in so far as it is done upon the explicit request of school-children); - the obligation (imposed on the parents or school-children) to declare the wish not to attend religion classes at public schools infringes the limits of law-making competence granted to the Minister of National Education by the Educational System Act. According to the Tribunal's opinion, the provisions in question are consistent also with international regulations concerning human rights. Two (of 11) justices dissent in part.

V.

1. Identification: Poland - Constitutional Court - Decision of 1 June 1993 (Case No. P 2/92).

Keywords of the systematic thesaurus:

CONSTITUTIONAL JUSTICE - Types of litigation - Litigation in respect of fundamental rights and freedoms.
CONSTITUTIONAL JUSTICE - The subject of review - Laws and other rules having the force of law.
CONSTITUTIONAL JUSTICE - Constitutional proceedings - Types of claim - Referral by a court.
CONSTITUTIONAL JUSTICE - Constitutional proceedings - Types of claim - Type of review - Ex post facto review.
INSTITUTIONS - Principles of State organisation - Rule of law.
INSTITUTIONS - Principles of State organisation - Other.
FUNDAMENTAL RIGHTS - Economic/ social and cultural rights - Right to work.
FUNDAMENTAL RIGHTS - Economic/ social and cultural rights - Other.

Keywords of the alphabetical index: Motherhood and family protection / Social security / Sufficient standard of living / Unemployment benefit / Chief Administrative Court / Principle of social justice.

Summary:

The decision thereof relates to the provisions of the Employment and Unemployment Act of 1991/ restricting the terms under which the unemployment benefit may be granted to:

1. unemployed persons who are the only family support;
2. unemployed persons who can prove a specified period of employment (20 years – male, 15 years - female employees).

The provisions in question - contrary to regulations previously in force (the Employment Act of 1989, as amended in 1990) - do not entitle those two categories of unemployed to receive benefit for longer than 12 months. Moreover, (3) the privileges of an extended period of welfare/ obtained by unemployed persons under the previous regulations/ expires within 3 months of the new law coming into force.

Provision (1), which violates the rules of just distribution of goods necessary to meet elementary human needs/ has been declared inconsistent with the constitutional principle of social justice. It also has infringed the constitutional duty of the State to protect and care for motherhood and the family as well as State duties with regard to unemployed persons who are ready to work/ implied in the constitutional right to work.

With regard to provision (2), the Tribunal has declared the legislator's decision to modify the right to the benefit consistent with the constitutional principle of the rule of law.

Provision (3) has entered into force without the adequate period after promulgation ("vacatio legis") and has caused the limitation of the rights acquired by unemployed persons under the regulations previously in force; therefore the provision in question has been declared inconsistent with the constitutional principle of state ruled by law.

VI.

1. Identification: Poland - Constitutional Court - Decision of 13 July 1993 (Case No. P 7/92).

2. Keywords of the systematic thesaurus:

CONSTITUTIONAL JUSTICE - Types of litigation - Litigation in respect of fundamental rights and freedoms.
CONSTITUTIONAL JUSTICE - The subject of review - Laws and other rules having the force of law.
CONSTITUTIONAL JUSTICE - Constitutional proceedings - Types of claim - Referral by a court.
CONSTITUTIONAL JUSTICE - Constitutional proceedings - Types of claim - Type of review - Ex post facto review.
INSTITUTIONS - Principles of State organisation - Other.
FUNDAMENTAL RIGHTS - Civil and political rights - Equality.

3. Keywords of the alphabetical index: Equality / Social security / Sufficient standard of living / Unemployment benefit / Chief Administrative Court / Principle of social Justice.

4. Summary:

1. The provision of the Employment and Unemployment Act of 1991, determining (with exceptions) the maximum period for receiving unemployment benefit as 12 months, has been declared consistent with the constitutional principle of social justice. However, the responsibility to provide persons whose benefit period has already expired and who still remain unemployed and do not have other maintenance with minimum social support rests with the State. Due to this reason the Tribunal - on its own initiative - has reviewed the constitutionality of the provisions of the Social Aid Act of 1990.

2. The provision of the Employment and Unemployment Act of 1991 prolonging the duration of unemployment welfare for persons of a certain age who are able to prove a specified period of employment (35 years - male, 30 years - female employees) is silent about persons who carried on their own business during their employment period (e.g. taxi drivers) and on that ground were subject to social security and contributed to the unemployment benefit fund (the persons mentioned above are entitled to receive unemployment benefit as long as they obtain the pension and other rights connected with the pension). The provision in question has been declared inconsistent with the constitutional principle of equality and - due to infringement of criteria of just differentiation of citizens - with the constitutional principle of social justice.