Opinia prawna w sprawie konstytucyjności poselskiego projektu ustawy – Przepisy wprowadzające ustawę o Trybunale Konstytucyjnym z dnia 6 marca 2024 r.
Legal Opinion on the Compatibility with the Constitution of the Republic of Poland of the Draft Act – Provisions Introducing the Act on the Constitutional Tribunal of 6 March 2024

Summary/Abstract: The subject of analysis is the compliance with the Constitution of the Republic of Poland of the norms of the draft act – Provisions Introducing the Act on the Constitutional Tribunal (ver. no. 254/X Term), which addresses the legal status of judgements issued by this body in situation when some of its members were not authorised to adjudicate. This opinion addresses the finality of judgements made by the Constitutional Tribunal, focusing on the constitutional significance of this principle in a democratic state of law. It also examines whether such judgements can be invalidated through a special law. The conclusion reached is that the Constitution of the Republic of Poland does not provide any basis for reviewing the final judgements of the Constitutional Tribunal, and the notion of invalidating these judgements is not applicable within the Polish legal framework.

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