The Court of Appeal, after considering the farmers’ complaint regarding the resolution of the protest at the Myślibórz junction, dismissed the protesters’ application. This means that the blockade on S3 must end by midnight today.
For several days, there has been a scuffle between the organizers of the strike at the Myślibórz junction, on the S3 route, and the mayor of Myślibórz, who decided not to extend the protest that has been going on since February.
The farmers entered the orchard road
On April 15, the mayor of Myślibórz, Piotr Sobolewski, decided that he would not consent to extending the date of the demonstration until June 30. The farmers appealed against his decision to the District Court in Szczecin.
The mayor justified his decision on security grounds, citing police statistics.
On the road block detour (DW 119), the number of collisions (17 in a month) and accidents increased several times. Due to the blockage of the expressway, local roads are overloaded. Traffic jams are forming. Infrastructure is degrading, he wrote.
The courts uphold the mayor’s decision
However, the District Court in Szczecin dismissed the farmers’ appeal and upheld the decision of the mayor of Myślibórz. The protesters filed an appeal to the Court of Appeal. In their letter, they accused the mayor of:
- violation of art. 57 and art. 31 section 3 of the Constitution of the Republic of Poland in connection with joke. 57 of the Constitution of the Republic of Poland and art. 11 section 1 and 2 and art. 14 in connection with joke. 11 section 1 of the Convention for the Protection of Human Rights and Fundamental Freedoms in that the court, by dismissing the appeal, unjustifiably and illegally gave credence to the public administration bodies and refused to allow the applicants to organize and participate in peaceful assemblies, which consequently caused imminent and irreparable damage manifested in preventing farmers from benefiting from from freedoms guaranteed by European law and the Constitution of the Republic of Poland.
- violation of substantive law, i.e. Art. 14 point 2 of the Law on Assemblies through its incorrect interpretation and application based on the assumption that the farmers’ assembly poses a threat to people’s life and health in a situation where the possibility of a threat should be highly probable, and not hypothetical and based on assumptions.
- violation of art. 7 of the Constitution of the Republic of Poland in connection with Art. 8 section 2 of the Constitution of the Republic of Poland, through their erroneous interpretation in that a public authority has the right to freely apply a norm of a statutory nature and issue an administrative decision that is in absolute contradiction with the Constitution of the Republic of Poland and EU law, while these take precedence and take precedence over the Act. .
The farmers challenged the mayor’s arguments, but the Court of Appeal upheld the decision of the District Court and did not agree to extend the protest. The protesters’ application was rejected.
This means that the protest at the Myslibórz junction on the S3 route will no longer be legal on April 19 at midnight.
– .