Law Amending the Constitutional Tribunal Law (December 22, 2015)

The amendment introduces numerous significant changes concerning the functioning of the Tribunal. First of all, the General Assembly (Zgromadzenie Ogólne) of the Tribunal (deciding on disciplinary proceedings, budget and internal issues of the Tribunal) shall be composed of at least 13 judges and shall make decisions by a majority of 2/3). Furthermore, the Minister of Justice or the President of Poland might initiate disciplinary proceedings against the judges of the Constitutional Tribunal. The General Assembly is entitled to motion the Sejm to terminate the tenure of a judge of the Constitutional Tribunal.

  • Opinion
    Opinion of the Stefan Batory Foundation
    The Act of 22 December 2015 amending the Constitutional Tribunal Act is inconsistent with the Constitution.
  • Opinion
    Opinion of the Helsinki Foundation for Human Rights
    The Act of 22 December 2015 amending the Constitutional Tribunal Act is inconsistent with the Constitution.
  • Verdict
    Judgment in case K 47/15 of the Constitutional Tribunal
    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.
  • Appeal
    Appeal of non-governmental organisations that promote the principles of democracy, rule of law and the protection of human rights.
    Non-governmental organisations appeal to Parliament not to pass the draftl but instead to proceed with due care and to allow a meaningful public review.

Draft Law Amending the Constitutional Tribunal Law (Sejm Paper No. 122)

  • Opinion
    Opinion of the Helsinki Foundation for Human Rights
    Draft law is inconsistent with the Constitution.