Opinia prawna dotycząca kwestii, czy, a jeżeli tak, to w jaki sposób wymogi prawa Unii Europejskiej oraz Europejskiej Konwencji Praw Człowieka, w szczególności wyjaśnione i zastosowane w orzeczeniach Europejskiego Trybunału Praw Człowieka oraz Trybun
Legal Opinion on the Question of Whether and, If So, How the Requirements of European Union Law and the European Convention on Human Rights, in Particular as Clarified and Applied in the Rulings of the European Court of Human Rights and the Court of

Summary/Abstract: The opinion analyses the impact of the law of the European Union and the European Convention on Human Rights on the actions of the Marshal of the Sejm with regard to the referral of an appeal against an order terminating a Member’s mandate to the Supreme Court. It is considered that the actions of the Marshal of the Sejm in this respect are of a technical nature and are not related to decision-making understood as acts of law application. The Marshal of the Sejm is obliged to refer the appeal to the Supreme Court and may not invoke the law of the European Union and the European Convention on Human Rights as a basis for the decision on which Chamber of the Supreme Court to refer the appeal to. The question of the termination of a Member’s mandate is not a matter covered by European Union law or the European Convention on Human Rights. Judgements of the Court of Justice of the European Union and the European Court of Human Rights do not constitute a direct basis for acts of law application undertaken by state authorities, but require implementation into Polish law. At the same time, rulings indicating irregularities in the staffing of courts, including the Supreme Court, to the extent that they are dysfunctional from the perspective of the effective operation of European Union law and the implementation of obligations arising from the European Convention on Human Rights, require executive action by the Council of Ministers as the body constitutionally responsible for conducting the state’s foreign policy, including taking action to implement the international obligations of the Republic of Poland.

• Details
• Contents