Projekt stanowiska Sejmu w sprawie o sygn. akt P 6/13
Sejm draft position on the case ref. no. P 6/13
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In assessing the constitutionality of the contested Article 215, para. 2 of the Real Estate Management Act, it was stated that it is important to ascertain whether the differentiation of former owners, based on the criterion of deprivation of physical possession of the plot after 5 April 1958, was justified, and therefore whether it has such essential nature that justifies different treatment of similar entities. Pointing to the special status of the right to compensation, as stressed in the jurisprudence of the Constitutional Tribunal, the author claims, however, that claiming the right to compensation cannot be limited by an incidental and historical time criterion, which is the date of entry into force of the Act of 1958, even if the economic reasons argue for that approach. Given the above, it was found that Article 215 para. 2 of the Act, to the extent of the above interpretation, is inconsistent with the provisions of the Constitution.
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