Sejm’s draft position on the case ref. no. K 25/13 (BAS‑WPTK‑1756/13) Cover Image

Projekt stanowiska Sejmu w sprawie o sygn. akt K 25/131
Sejm’s draft position on the case ref. no. K 25/13 (BAS‑WPTK‑1756/13)

Author(s): Wojciech Brzozowski
Subject(s): Law, Constitution, Jurisprudence
Published by: Kancelaria Sejmu
Keywords: Poland; constitution; transplantation; Constitutional Tribunal;

Summary/Abstract: In this draft position the author points out the conformity of Article 16 para. 3 subparas (1), (3), (4) and (6) of the Act on the removal, storage and transplantation of human bodies, organs and tissue and Article 16 para. 3 subpara. 2 in part containing the phrase “and place”, with Article 47 and Article 51 para. 2, in conjunction with Article 31 para. 3 of the Constitution. According to the author, the proceedings should be discontinued in relation to other issues, due to inadmissibility of issuing a judgment. In justifications, he claims that the provisions referred to by the Human Rights Defender do meet the criterion of necessity within the meaning of the constitutional provision imposing limitations on obtaining, gathering and disclosure of information o citizens by public authorities and, thereby, meet the constitutional standard concerning the right to privacy and its admissible limitations.

  • Issue Year: 2014
  • Issue No: 1
  • Page Range: 365–378
  • Page Count: 14
  • Language: Polish