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Constitutional Tribunal 2023 Report: Key Rulings Affecting Citizens' Rights

This summary of the Constitutional Tribunal's 2023 activity shows how its rulings directly impacted citizens' lives. The Tribunal deemed unconstitutional regulations concerning, among others, the suspension of criminal statutes of limitations during the pandemic, higher property tax rates for certain garages, restrictions on recovering a driving license, and rules for remunerating court-appointed attorneys. The report also indicates which of these rulings require legislative changes to meet constitutional standards.
Key points
Statute of limitations: The provision suspending the statute of limitations for crimes during the COVID-19 pandemic and for 6 months after was deemed unconstitutional, as it created a state of legal uncertainty for an indefinite period.
Garage tax: Regulations imposing a higher property tax rate on garages that are separate properties compared to those attached to an apartment were deemed unconstitutional. The change aims to ensure equal treatment for owners.
Court-appointed legal aid: Provisions setting lower fees for court-appointed attorneys and legal advisors compared to market rates were challenged, aiming to improve access to fair legal assistance.
Driving license: It was ruled that a driving license cannot be automatically revoked for all vehicle categories if a court-imposed driving ban concerned only one of them.
June pensions: Provisions excluding persons who applied for a pension before June 2021 from a favorable recalculation were deemed to violate the principle of equality.
Judges' salaries: The 2023 freeze of the base salary for judges at a fixed amount, bypassing the statutory index, was deemed unconstitutional.
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Adopted
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Additional Information
Informacja o istotnych problemach wynikających z działalności i orzecznictwa Trybunału Konstytucyjnego w 2023 roku.
Print number: INFORMACJA 912
Process start date: 2024-12-18