Poland

Basic information Substance of the ruling  Accessibility of the case and further relevant links
Date Name of the case (or case number)   The body delivering the decision  Keywords, topic Executive part Brief summary Full text Page at the website of the issuing court Page in other databases Unofficial materials, press communications 
May 21. 2024. No. K-27-23. Constitutional Court of Poland Right to vote The Constitutional Court of Poland held that the prime minister of Poland acted constitutionally when attempted to organise a postal voting to hold the 2020. Polish presidential elections. The Constitutituional Court of Poland held that the prime minister of Poland acted constitutionally when attempted to organise postal elections to hold the 2020. presidential elections. This decision was highly criticized because most constitutional judges delivering it were former politicians. Previously, a ruling of the Warsaw Provincial Administrative Court held that the extensive use of postal voting for the purpose of the presidential elections was unconstitutional even if public health concerns required extraordinary solutions.       https://notesfrompoland.com/2024/05/21/ex-pm-acted-constitutionally-in-trying-to-organise-pandemic-postal-elections-rules-top-court/
December 29. 2021. NO 26/21 (PL) Supreme Court of Poland Right to work; discrimination Stricter language requirements for non-EU citizens with required qualifications to work in the Polish healthcare system during the public health emergency was unconstitutional. The Polish  Government ordered that during the public health emergency, less strict Polish language proficiency will be required from non-EU citizens with relevant qualifications who would work at the Polish healthcare system. The Supreme Medical Council opted from this decision and held that instead of sufficient language knowledge, thorough Polish language skills would be required even during the public health emergency. The Ministry of Health turned to the Supreme Court and initiated the annullation of this decision. The Supreme Court of Poland upheld the minister's motion and considered that sufficient knowledge of the Polish language shall be enough during the public health emergency, interpreters should be hired in those medical centers, where this is deemed to be appropriate.       https://curia.europa.eu/jcms/upload/docs/application/pdf/2023-07/flash_news_special_edition-1-2022_en.pdf
July 6. 2021.   Supreme Court of Poland Freedom of assembly The Supreme Court of Poland annulled fines imposed on two men breachingthe almost total ban on gatherings during the lockdown. Two men were fined for taking part in a demonstration held in front of the house of the prime minister after a ruling of the Polish Constitutional Court from confirming the almost total ban of abortion in the country. This event took place during the lockdown, when an almost total ban of gatherings was also ordered. The fines were upheld by the lower courts, however, the Supreme Court annulled these sanctions, because the ban on gatherings during the lockdown was deemed to be unconstitutional.       https://notesfrompoland.com/2021/07/06/ban-on-gatherings-during-pandemic-was-unlawful-rules-polish-supreme-court/
March 18. 2021.   Supreme Court of Poland Freedom of gathering; freedom of religion; freedom of movement;  freedom to conduct a business The Supreme Court of Poland annulled the fines imposed on three men violating public health restrictions including the ban on assembly, ban on religious ceremonies and the restrictions on free movement, because the curfew measures lacked proper justification. The Supreme Court of Poland annulled the fines imposed on three men violating public health restrictions including the ban on assembly, ban on religious ceremonies and the restrictions on free movement, because the curfew measures lacked proper justification. The Supreme Court upheld the claim of the Polish ombudsman and hold, that without declaring a state of emergency, far-reaching restrictions should not have been imposed by decrees, Moreover, the restrictions were vague worded and inconsistently enforced, which also increased the uncertainty for the citizens.       https://notesfrompoland.com/2021/03/18/polish-supreme-court-overturns-fines-for-violation-of-unlawful-lockdown-restrictions/
July 24. 2020. I NSW 304/20 Supreme Court of Poland Right to vote The Supreme Court of Poland held that the low immune system of Covid-19 patients and the public health concerns caused by the Covid-19 pandemic might justify the deprivation of certain hospitalized persons from their right to vote. A woman suffering from serious illness and treated in a hospital turned to the National Electoral Commission because no in person voting was organised in her hospital during the 2020. presidential elections. Moreover, she was not granted permission to leave the hospital accessing the nearest polling station, because her immune system was deemed to be low. The Electoral Commission rejected her claim, then she turned to the Supreme Court. The Supreme Court ruled that the low immune system of the patient and the extraordinary public health circumstances could justify the deprivation of certain ill and hospitalized persons from their right to vote. https://www.sn.pl/sites/orzecznictwo/Orzeczenia3/I%20NSW%20304-20.pdf   https://www.covid19litigation.org/case-index/poland-supreme-court-extraordinary-control-and-public-affairs-chamber-i-nsw-30420-2020