Two instances, the Supreme Administrative Court and ultimately the Constitutional Court, which confirmed that the provision indicated by us is incompatible with the Constitution.

On April 18 this year, the Constitutional Court announced a ruling on the constitutional complaint of our Client, represented by The Patron Marta Jaskulovska. The action concerned the failure to establish a final decision approving the merged motion in breach of the law. The Court unanimously ruled, thus in quiting, that Article 81(1) of the EC Treaty should be granted the right to the court of justice. Whereas Article 33 (2) of Regulation (EEC) No 2 2 of the Act of 26 March 1982. on land merge and exchange in so far as it makes it impossible to declare a final decision approving a merged project in violation of the law is incompatible with the Constitution of the Republic of Poland (Articles 45(1) and Article 77(2)).

The joy of the Court’s examination of our constitutional action is all the greater, the statistically less likely to come before the Court. According to statistics, as many as 243 cases were submitted to the Court in 2017 alone and only 77 cases were submitted to the substantive audit. After the preliminary audit, only 32 constitutional complaints were intended for substantive examination (1).

We encourage you to familiarize yourself with the details of the judgment on the https://trybunal.gov.pl/postepowanie-i-orzeczenia/komunikaty-prasowe/komunikaty-po/art/10560-brak-mozliwosci-wzruszenia-ostatecznej-decyzji-o-zatwierdzeniu-projektu-scalenia-lub-wymiany-grunt/ website