Temporalne i materialne aspekty zastosowania zabezpieczenia tymczasowego w postępowaniu w sprawie skargi konstytucyjnej
Temporal and Material Aspects of the Application of Temporary Security in the Process of a Constitutional Complaint

Summary/Abstract: The subject of the text is the relationship between the interim security implemented by the Constitutional Tribunal and the constitutional complaint. It is argued that the security proceedings depend on the main proceedings arising from the constitutional complaint. This means that its admissibility depends on the effective submission of a constitutional complaint to the Constitutional Tribunal. The provisional protection of the Constitutional Tribunal cannot be applied in a case in which legal remedies have not been exhausted and, therefore, the condition necessary to submit a constitutional complaint to the Constitutional Tribunal has not been met. In the temporal aspect of the issue, temporary security is applied until the condition for its use expires. It is problematic whether this means that the interim protection of the Constitutional Tribunal may be applied no longer than until the end of the proceedings before the Constitutional Tribunal or no longer than until the end of the proceedings in connection with which a constitutional complaint was lodged with the Constitutional Tribunal.

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