Krakow councilors wanted people with the Krakow Card to have priority at the Zakrzówek bathing area. This was supposed to solve the problem of huge queues to enter the jetties. Now, however, the Malopolska governor has ruled that the resolution violates the legal order.
Zakrzówek is a park in Kraków, which includes a flooded former limestone quarry, over which a free swimming area was opened last June. It is very popular among Kraków residents and visitors, on sunny days the queues to enter form from early morning, and bathers wait for several hours to enter.
“Violation of law”, “unequal treatment”
On July 3, Krakow councilors adopted a resolution regarding the park regulations. This resolution indicated that Krakow residents with a Krakow Card would be able to enter the park without waiting in line.
Malopolska Voivode Krzysztof Jan Klęczar in a ruling issued on Monday assessed that “RMK significantly violated the applicable legal order”. – A significant violation of the law means that the resolution had to be invalidated in its entirety – the voivode noted.
The voivode stated that this act violates the constitutional principles of equal treatment, social justice, correct legislation and freedom of movement.
Unequal treatment applies to both Krakow residents and visitors to Krakow. The resolution differentiates Krakow residents in terms of access to Zakrzówek Park between those who have the Krakow Card and those who do not. Meanwhile, the Krakow Card is a privilege, not an obligation of residents – argued the governor.
In addition, the status of a holder of the Krakow Card may also apply to persons who are not residents of Krakow, including those who only settle taxes at the tax office competent for a person residing in the city, as well as children of such persons for whom the residence condition no longer applies at all.
Zakrzówek is a public area
The Malopolska Voivode also pointed out that city parks, like public roads or sports facilities, are places of public utility. The introduction of the regulations expressed in the resolution therefore restricts freedom of movement and, as a result, is illegal.
– Introducing the possibility of entering the city park (not only the swimming pool) out of turn for the group of people indicated in the resolution simultaneously constitutes a restriction of the right to stay in public places for other people who do not meet the adopted criterion – argued the voivode.
According to him, the provisions of the resolution are also contrary to the principle of social justice, which consists in striving to maintain balance in social relations and refraining from creating unjustified privileges for selected groups of citizens, not supported by objective requirements and criteria.
Restrictions on the use of constitutional freedoms and rights – the Malopolska Voivode noted – may be established only by statute and only when they are necessary in a democratic state for its security or public order or for the protection of the environment, health and public morality or the freedoms and rights of other persons, provided that such restrictions do not violate the essence of freedoms and rights. According to the supervisory body, the reason for the interference of public authorities in the rights and freedoms of an individual cannot be the issue of the costs of financing the construction and maintenance of the facility from the budget of the City of Krakow, and this argument was invoked by the Krakow City Council.
Councillors can appeal the decision
According to the law, the execution of the resolution is suspended on the day the supervisory decision is delivered to the local government body. This decision may be appealed to the Voivodship Administrative Court in Kraków within 30 days of the date of receipt of the decision. A final supervisory decision stating the invalidity of the resolution in its entirety means its elimination from legal circulation.
The resolution together with the supervisory decision has already been published in the Official Journal of the Małopolska Province.
The construction of Zakrzówek Park began in August 2019. The 60-hectare area includes: a swimming area with toilets and showers, walking paths and marked running paths, ping-pong tables, climbing walls, observation points, swings, a barbecue area and a picnic area. A dog bathing area will soon be available. The investment cost is almost PLN 60 million – the construction was financed entirely from the budget of the Krakow commune.
Main image source: PAP/Łukasz Gągulski