ПОСЛЕДСТВИЯ РЕШЕНИЯ КОНСТИТУЦИОННОГО ТРИБУНАЛА ПОЛЬШИ О НЕКОНСТИТУЦИОННОСТИ ПОЛОЖЕНИЙ О ВНЕСЕНИИ ПОПРАВОК
EFFECTS OF THE POLISH CONSTITUTIONAL TRIBUNAL’S DECISION TO MAKE AMENDING PROVISIONS UNCONSTITUTIONAL

Summary/Abstract: The article is concerned with a detailed issue related to the so-called „revival of regulations” originated in Austria. The point of departure is the fact that if the act is to be repealed by way of the decision of the Constitutional Tribunal due to being at variance with the constitution, when the repeal becomes effective, regulations of the act previously repealed by way of the act acknowledged by the Constitutional Tribunal as at variance with the constitution become valid again. The effect for the legal system is considerable and debatable. In Poland this matter has not been finally solved yet as regards the implementation of the decision to „revive”. In Austria in turn these issues are regulated by the art. 140 para. 6 of the Federal Constitution of Austria.

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