Constitutional Complaint in Times of the Act of 30 November 2016 on the Organisation of the Constitutional Tribunal and the Mode of Proceedings Before the Constitutional Tribunal Cover Image

Skarga konstytucyjna w dobie ustawy z dnia 30 listopada 2016 r. o organizacji i trybie postępowania przed Trybunałem Konstytucyjnym
Constitutional Complaint in Times of the Act of 30 November 2016 on the Organisation of the Constitutional Tribunal and the Mode of Proceedings Before the Constitutional Tribunal

Author(s): Marzena Laskowska
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law, Present Times (2010 - today), Court case
Published by: Wydawnictwo Uniwersytetu Jagiellońskiego
Keywords: constitutional complaint; Constitutional Tribunal of the Republic of Poland; proceedings before the Constitutional Tribunal; preliminary review of constitutional complaint;

Summary/Abstract: The aim of the article is to identify and analyze the direction of changes to which the legal institution of the constitutional complaint has been subject since the entry into force of the Act of 30 November 2016 on the Organisation of the Constitutional Tribunal and the Mode of Proceedings Before the Constitutional Tribunal. In the years 2017-2020, the constitutional complaint underwent transformations, only some of which were justified by the content of the new law regulating the procedure before the Constitutional Tribunal. Since 2016, the number of constitutional complaints referred to the Constitutional Tribunal has significantly decreased. The examination of the constitutionality of legal norms in closed sessions (instead of hearings) is used with growing popularity. Further significant changes have occurred due to the common resignation of judges from formal control of constitutional complaint in the preliminary review process.

  • Issue Year: 16/2020
  • Issue No: 4
  • Page Range: 128-141
  • Page Count: 14
  • Language: Polish