Projekt stanowiska Sejmu w sprawie o sygn. akt K 47/12

The application concerns Article 3a of the Act of 28 March 2003 on Railroad Transport, exempting the application of certain provisions of Regulation (EC) No 1371/2007 of the European Parliament and of the Council of 23 October 2007 on rail passengers’ rights and obligations, to urban, suburban and regional rail passenger transport. In the view of the Human Rights Defender, the above said article – insofar as it indefinitely excludes the application of Article 21 para. 1 of the Regulation – is incompatible with Article 2 in conjunction with Article 69 of the Constitution and Article 9 para. 1(c) of the Convention on the Rights of Persons with Disabilities, signed in New York on 13 December 2006. Despite these arguments, the Sejm decided in this case that the contended regulation is consistent with the relevant provisions of the Constitution.