TK dealt with this matter in plenary session. Dissenting opinions to the judgment reported three judges: Peter Pszczółkowski, Julia Przyłębska and Zbigniew Jędrzejewski.
After such a judgment TK president Andrzej Duda must sign the bill.
The law – Amending the rules on property management and Family and Guardianship Code – passed by the Parliament last term was an attempt to organize long-term problems and legal disputes relating to the capital’s land. Its purpose was elimination of pathologies associated with unregulated ownership of the property.
Act trimmed grounds for refusal of the application ws. Ground
The law unified and cleaned up the grounds for refusal to establish the right of perpetual usufruct to the former owner – so among The Constitutional Court justifies the sentence on. Act on land in Warsaw
“It is difficult to consider that the challenged Art. 214a introduced previously unknown grounds for refusal to establish the right of perpetual usufruct of the land” – said in the grounds of the judgment the judge Malgorzata Pyziak-Szafnicka. According to TK new law codified those conditions and it cleaned up.
The judge emphasized that for 70 years of the decree have been many changes in the law; one must also take into account judicial decisions. Therefore, the refusal to establish the right to land can be justified for several reasons – pointed.
TK referred to the case-law, among others, NSA, recognizing the right ground for refusal of recognition application, when taking into account the necessity test the property for public purposes, which should be assessed in each specific case.
Judge Pyziak-Szafnicka stressed that the establishment of the right to land is possible only if its ownership by the community. According to TK sale of the land to third parties can be the basis for refusing to recognize the application.
The stabilization of ownership relations is of great importance for the development of the country and the city – said the judge Pyziak-Szafnicka.
Week tems adjourned sentencing
Last Tuesday – after the hearing – announcement of the judgment in this case CT adjourned without a date. A day later, the president TK Andrzej Rzepliński announced at a meeting of the parliamentary committee that the Court has already accepted the judgment and will be announced on 27 July. Announcement ruling scheduled for hours. 9.
A hearing before the Tribunal took place in full Court – presided over Rzepliński, and the rapporteur was judge Malgorzata Pyziak-Szafnicka.
At the hearing attended by a representative of the president mec. Alexander Proksa and Deputy Mayor of Warsaw Jaroslaw Jozwiak. The Tribunal failed to appear representatives of the Sejm, the Attorney General and the Ministry of infrastructure and construction.
Closing the hearing, the president of the Constitutional Tribunal expressed the hope that the parties will appear at the judgment. For many months it takes a crisis around the Court, that for a long time not to fix deadlines for hearings, in order to first examine the December novel Tribunal Act by PiS. 9 March 12-man squad Tribunal ruled that the entire novel violate the constitution. According to the government it was not a judgment – because it was issued without the provisions of the amendment – and therefore has not been published. Not yet published are also further judgments issued by the Tribunal.
The law enacted a year ago has been challenged by President Komorowski
Act Warsaw land – Amending the rules on real estate and the Family and Guardianship Code – was passed by the Parliament before the previous term year and contested by former President Komorowski – before the decision on signature – in August 2015.
Bierut Decree appropriated 12 thousand. hectares of land and approx. 20-24 thousand. Real estate
Act was an attempt to organize long-term problems and legal disputes relating to the capital’s land. It follows that the entry into force of the so-called. Bierut Decree of 1945. was the acquisition of all land within the city limits by the municipality of the city of Warsaw and in 1950. – due to the abolition of local government – by the Treasury. Decree uzasadnianym “rational carrying out the reconstruction of the capital and its further expansion in line with the needs of the people” involved approx. 12 thousand. hectares of land, including approx. 20-24 thousand. property.
have been acquired land, and the buildings still belonged to the former owners. However, if they wanted to retain ownership of the building and get right to the land, they had six months from the date of acquisition of land in possession by the municipality to submit a proposal to establish law perpetual lease with rent symbolic.
The municipality had an obligation to take into account the conclusions if the use of land by the current owners gave reconciled with the purpose of the land specified in the zoning plan. Folded in this case applications were, however, often without consideration or issued negative decisions, without giving a legal basis for the refusal. Many people are not made in all applications, because such. As “enemies of the homeland” were imprisoned by the communist authorities, staying abroad or have not been informed of the possibility of submitting such an application.
Nearly 2.5 thousand. Real estate returned, 2.6 thousand. pending proceedings
With the “White Paper on Restitution,” which published a capital town hall in the middle of July show that since 2003. returned in Warsaw almost 2.5 thousand. property. This list is not complete, the decisions before 2003. Will gradually be added in as runoff documents from the archives. The book is also a list of more than 2.6 thousand. currently pending proceedings dekretowych.
What is challenging President Komorowski
President Komorowski appealed two of the provisions of the Act Warsaw land – added an amendment to Art. 214a and 214b.
The first of these provisions extended – compared to the legal status provided for by decree – the grounds for refusal to take into account, among others, the application dekretowego if the ground is used for public purposes or was put in the lease to third parties.
New premises for examining applications – according to the president – are detrimental to the former owners, because “extend the legal basis for refusal to exercise their rights” . In addition – as indicated in the proposal – despite the introduction of new evidence did not provide “any adjustment of compensation or damages” for the former owners.
The other challenged provisions says discontinues proceedings ws. Application, if it is not possible determination of the parties or their addresses. The law in fact had let the end of the proceedings, when you can not find the former owner. This could occur if, within six months no one report or in spite of the application do not prove their rights in the next three months.
In many cases, a situation arises that in the years 1947-1949 was submitted a request for the granting of rights to land, which was not considered in the communist period, and which currently can not be considered due to the inability to determine the parties and their addresses.
However, according to president of the legislature “should not create regulations implementing the principle of that the absence of a particular activity parties relieve the authority of the obligation to do. “
Mec. Proksa said last week that those provisions in the event of their possible entry into force will have “significant and far-reaching negative consequences for the former owners of the land in Warsaw or their legal successors.”
Vice Jozwiak indicated and that the most beneficial for the city would be the recognition by the Constitutional Tribunal Act compatible with the Constitution. “Then we were counting on the signature of the President Andrzej Duda, so to be able to use it as soon as possible” – he added. According Joźwiak “general disadvantage” presidential proposal is disregarding the public interest, which has guided the preparation of the law.
After the judgment in the president must sign the bill if it is deemed constitutional, and refuse to sign the law declared unconstitutional. If the Tribunal decides that the unconstitutional provisions are inextricably linked with the whole bill, the president has a choice – to sign the act with the exception of unconstitutional provisions or pay the entire bill to the Sejm to remove inconsistencies, which the Tribunal ruled.
PAP, jk
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