The Constitutional Court has not ruled that restrictions on trade on Sundays are compatible or incompatible with the Constitution – the Leviathan Confederation was evaluated on Tuesday. In the organization’s opinion, changes in the law could still be made.
Constitutional Court Tuesday ruled the constitutionality of the two contested provisions regarding Sunday’s trade ban, but decided to stay the case with respect to the remaining two articles.On its basis prohibitions and exceptions were created.
The law, which imposed a Sunday trading ban on most institutions, has been in effect since March 1, 2018. In 2018, the Leviathan Confederation submitted an application on the constitutionality of these provisions to the Constitutional Court. In this application, four provisions of the law have been challenged.
According to Leviathan, The law characterizes the status of employees with regard to the freedom to perform work on certain days, Which has a discriminatory effect, as a group of distinct employers and employees arises. Moreover, as the Federation believes, “the law distinguishes the status of employers to such an extent that this provision defines a group of entities not covered by the trade embargo, and thus differentiates the status of employees with regard to freedom to work on certain days” .
Loyatan: The Constitutional Court has decided that we do not have a mandate to file applications for the benefit of employees
Referring to the Constitutional Court ruling, Loyatan wrote that “The court has halted proceedings on these charges, which does not mean that it has found them to be in accordance with the Constitution! I just considered it Lewiatan does not have the authority to submit applications for the benefit of employeesAlthough our organization has previously submitted requests regarding the relationship between the employer and the employee ”- we read in the information.
“We were surprised that the Constitutional Court found that allegations of mis-enactment (eg very short, empty legislative) are consistent with the Constitution, and did not make the substantive determination of the main elements of our application. It remains open” – Maciej Wittaki noted and quoted in the press release about the President of the Leviathan Confederation. .
From 2020, the trade ban will only apply on the seven Sundays of the year. The Sunday Trading Prohibition Act provides a catalog of 32 exemptions. The ban does not apply, among other things, to pastry shops, ice cream parlors, liquid gas stations, flower shops, newspaper shops, cafes or post offices – the last exception is used by local stores, supermarkets and discount stores.
To break the trading ban on Sunday, the risk is from PLN 1,000 to PLN 100,000. A fine of PLN, and in case of a persistent violation of the law – a penalty of restriction of freedom.
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