Poland’s Constitutional Court struck down a law forcing judges to impose lifetime driving bans on drunk drivers, citing judicial overreach.
The Constitutional Court Ruling
In 2024, Poland’s Constitutional Court ruled unconstitutional Article 42, paragraph 3 of the Penal Code. This provision mandated lifetime driving bans for drunk drivers, removing judicial discretion. The ruling, issued on June 4, 2024 (case no. SK 22/21), was not yet published in the Official Journal due to the presence of an alternate judge.
The Court’s Reasoning
The Siedlce District Court rejected an appeal citing this ruling, arguing the Constitutional Court only objected to the mandatory nature of the ban, not its imposition. The court noted the law treated all drunk driving equally, regardless of severity or consequences, improperly limiting judicial discretion and usurping judicial authority.
The ruling emphasized that lifetime bans must consider individual circumstances. The Siedlce court upheld the lifetime ban in this case due to aggravating factors.
Aggravating Factors
The driver’s blood alcohol level was 0.92 mg/l, far exceeding legal limits. He lost control, veered off the road, and hit a tree while driving in a built-up area on a weekday morning, creating significant danger to others.
No mitigating circumstances were found. The court concluded a lifetime ban was necessary to protect public safety, outweighing the driver’s individual rights given the high risk created.
