Krajowy system ewidencji producentów rolnych po wyroku Trybunału Konstytucyjnego z dnia 3 grudnia 2013 roku (sygn. akt P 40/12)

Abstract

On January 1, 2015 the Law of 23 October, 2014 comes into force amending the Act on the national system of records of producers, of homesteads and of applications for payments. The amendment to the Act is the corollary of the decision of the Constitutional Court of 3 December 2013, (Ref. No. P 40/12), in which, after examining the issue of the legal question presented in the High Administrative Court, on the regulation of Art. 12 paragraph. 4 of the Act, the Court held that this provision to the extent that does not provide for the admissibility of individual identification numbers given to each of the spouses in a situation where there is division of marital property and they own separate farms, is at variance with Art. 32 paragraph. 1 in conjunction with Art. 18 of the Constitution. This article is an attempt to evaluate the effectiveness of the implementation by the legislator of the guidelines made by the Constitutional Court in support of the decision in the light of the threat, under the new legal framework, of creating by the spouses artificial conditions for obtaining public assistance.