Judgment of the Constitutional Tribunal (sygn. K 47/15)

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In the judgment of 9 March 2016, the Constitutional Tribunal adjudicated that the Act of 22 December 2015 amending the Constitutional Tribunal Act is inconsistent with the Constitution and was enacted by the Parliament in breach of the principle of appropriate legislation. 

The Constitutional Tribunal stated that the assessment of conformity to the Constitution of the Act (regulating the course of proceedings before the Tribunal) should have a priority character. The Constitutional Tribunal may not act (and, in particular, adjudicate) on the basis of provisions that raise serious doubts in terms of their conformity to the Constitution. 

  • Opinion
    Opinion of the European Commission for Democracy through Law (Venice Commission)
    Judgment 47/15 of 9 March 2016 should be published. Not only the Polish Constitution but also European and international standards require that the judgments of a Constitutional Court be respected. The publication of the judgment and its respect by the authorities are a precondition for finding a way out of this constitutional crisis.
  • Opinion
    Opinion of the Stefan Batory Foundation
    Law of 22 December 2015 on Amending the Constitutional Tribunal Law is inconsistent with the Constitution and was enacted by the Parliament in breach of the principle of appropriate legislation.
  • Opinion
    Opinion of the Helsinki Foundation for Human Rights
    Law of 22 December 2015 on Amending the Constitutional Tribunal Law is inconsistent with the Constitution.
  • Contention
    Letter of the General Prosecutor (Minister of Justice) to the President of the Constitutional Tribunal
    The General Prosecutor will not participate in ceases adjudicated by the Constitutional Tribunal. In his opinion the Tribunal acts in breach of the Act of 22 December 2015 Amending the Constitutional Tribunal Law and, consequently, in breach of the Constitution.

    Any attempt of the Constitutional Court to take actions in breach of the regime established in the Constitution and the Act of 22 December 2015 Amending the Constitutional Tribunal Law may be subject to a legal compliance review by the General Prosecutor.