Projekt stanowiska Sejmu w sprawie o sygn. akt K 12/16
Sejm draft position on the case concerning the Act on Combating Unfair Competition (Ref. No. K 12/16)

Summary/Abstract: In this draft position the author states that one of the provisionsof the Act on combating unfair competition, concerning criminal liability for acts ofdishonest competition in the field of advertising, is inconsistent with the Constitution.First, it provides an open catalogue of punishable acts, which violates the standardof specificity of criminal law. Second, the required elements of an offence were notsufficiently defined and they leave a subject of law in doubt as to whether his or heractions might result in criminal liability. Declaring the contested provision to be inconsistentwith the Constitution eliminates the necessity of examining its conformity with Article 7 of the European Convention of Human Rights. Since in the examined case theconstitutional standard and the international standard are practically the same, theproceedings regarding the latter should be discontinued.

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