FROM PRACTICE TO CONSTITUTIONAL REFORM – TOWARDS THE HYBRIS MODEL OF CONSTITUTIONAL REVIEW IN POLAND
FROM PRACTICE TO CONSTITUTIONAL REFORM – TOWARDS THE HYBRIS MODEL OF CONSTITUTIONAL REVIEW IN POLAND

Summary/Abstract: The article offers a detailed examination of the changes and controversies surrounding the Polish system of constitutional review, particularly focusing on the shift towards a hybrid model that incorporates elements of both centralized and decentralized (dispersed) review. It discusses the challenges and debates that have emerged in the context of Poland's political and constitutional crises since 2016, the paralysis of the Constitutional Tribunal, and the potential amendments to the Constitution proposed in 2024. The proposed amendment to Art. 193 seeks to formalize the practice of dispersed constitutional review, allowing courts to refuse to apply unconstitutional laws directly, which marks a significant departure from Poland's traditionally centralized model. The article also delves into various perspectives on this shift, highlighting both the potential benefits—such as quicker and more effective judicial protection of constitutional rights—and the risks, including legal uncertainty and possible conflicts between courts and the Constitutional Tribunal. In conclusion, while the chances of the constitutional amendment being adopted remain slim due to the current political landscape, the mere proposal signifies a growing recognition of the need to adapt Poland's constitutional review system to current realities. The proposed changes reflect substantive developments in the legal framework and practice, even if they are not yet formally enshrined in the Constitution.

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