Projekt stanowiska Sejmu w sprawie pytania prawnego Wojewódzkiego Sądu Administracyjnego w Łodzi (sygn. akt P 26/11) dotyczącego ustawy z dnia 27(...)
Draft Sejm position on the legal question posed by the Voivodship Administrative Court in Łódź, (File No. P 26/11) concerning the Act of April 27(...)

Summary/Abstract: The author, acting on behalf of the Sejm, submits a clarification on the legal question from the Voivodship Administrative Court in Łódź, (File No. P 26/11) and applies for a declaration that Article 79c, para.3 of the Act of April 27, 2001 on Waste (Journal of Laws of 2010, No. 185, item. 1243, with further amendments), in force since 12 March 2010 to 19 July 2011, within the scope what determines a penalty for late transfer of bulk data packets, is consistent with Article 2 of the Constitution and is not inconsistent with Article 42. paras 1–3 in conjunction with Article 2 and Article 184 of the Constitution, and in conjunction with Article 6 paras 1–3 of the Convention for the Protection of Human Rights and Fundamental Freedoms signed in Rome on 4th November 1950 with further amendments. The author claims that the provision in question does not infringe the proportionality principle expressed in Article 2 of the Constitution. He concludes that the legislature is entitled (within the constitutional limits) to freely enact sanctions for failure to perform legal obligations.

• Details
• Contents