Case of the Commissioner’s for Citizens’ Rights application of 9th October 2015 (sign. K 27/15), concerning the Act of 17th June 1966 on Executive Proceedings in Administration (WPTK 2173/15) Cover Image

Projekt stanowiska Sejmu w sprawie o sygn. akt K 27/15
Case of the Commissioner’s for Citizens’ Rights application of 9th October 2015 (sign. K 27/15), concerning the Act of 17th June 1966 on Executive Proceedings in Administration (WPTK 2173/15)

Author(s): Andrzej Herbet
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law
Published by: Kancelaria Sejmu
Keywords: administration; executive proceedings; Constitutional Tribunal

Summary/Abstract: The author indicates that the provision of the afore‑mentioned law is inconsistent with the provisions of the Constitution and the Conven‑tion for the Protection of Human Rights and Fundamental Freedoms. This provisionincludes the power of a executor who executes mortgage foreclosure, who is obligedto remove an indebted and his household members, where no premises for relocationwere indicated to the indebted, or where he is unable to meet his own housing needs.The applicant questioned the constitutionality of legislative omissions, in the result ofwhich there is a possibility of conducting executive proceedings in the administrationregarding eviction from residential premises “on the street”.

  • Issue Year: 2017
  • Issue No: 2
  • Page Range: 263-282
  • Page Count: 20
  • Language: Polish