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Saatja: Marek Domagala <[email protected]> Saaja: Info Teema: Request from The Polish Constitutional Court ​​​​​​​​Dear Sir/Madam, The Constitutional Tribunal of Poland is currently examining a constitutional complaint which challenges legal incapacitation as provided for in the Polish Civil Code (case SK 23/18). The judges of the Constitutional Tribunal who are examining the case are interested how legal incapacitation functions in your Country. Therefore, I am sending this request for information about the details of your Country’s legal system within the scope specified below and for the relevant case law of your Court: 1) In your Country’s legal system, is there a concept of legal incapacitation (understood here as referring to the situation where an individual has been partially or completely deprived of his/her legal capacity for juridical acts – i.e. lawful acts or expressions of will intended to have legal consequences – for example due to a mental illness, a mental disability, or any other impairment/disorder that causes this individual to be unable to control his/her conduct)? If, currently, there is no concept of legal incapacitation in your legal system, did it exist in the past? And, if so, was it ever (or has it ever been) modified? 2) If, in your Country’s legal system, there is legal incapacitation (or another legal concept/institution that comprises similar matters), how is it regulated? In particular: - In what cases / circumstances may legal incapacitation be applied? - By what authority? - For what period may an individual be deemed to have diminished or no legal capacity for juridical acts? - And, above all, what are the consequences of legal incapacitation for the incapacitated individual? 3) If legal incapacitation has been eliminated from your Country’s legal system, please provide reasons why this has happened; and in particular, did this happen as a result of a ruling by your Country’s Constitutional/Supreme Court? 4) Is there any case law of your Court that addresses legal incapacitation, and especially the question of the constitutional admissibility of legal incapacitation? If so, we kindly request information about such case law. Due to work being carried out on the case SK 23/18, we would be most grateful if we could receive replies to the above questions within 30 days. Yours faithfully, Dr Marek Domagała The Department of Jurisprudence Research and Legal Analyses The Office of the Legal Service The Polish Constitutional Tribunal Al. Jana Christiana Szucha 12A, 00-918 Warsaw, Poland