O konieczności kontroli konstytucyjności utrzymanego w mocy „prawa dawnego” – glosa do postanowienia Trybunału Konstytucyjnego z 26 października 2021 r., U 3/19
On the necessity of reviewing the constitutionality of the upheld “former law” – gloss to the decision of the Constitutional Tribunal of 26 October 2021, U 3/19

Summary/Abstract: The subject of the gloss is the decision of the Constitutional Court of 26 October 2021, U 3/19, on the discontinuation of proceedings relating to the determination of cash equivalents for unused vacation or additional leave and equivalents for unused time off duty by Border Guard officers. The Tribunal held that the regulation was formally repealed and, consequently, the normative content challenged by the applicant was also effectively removed from the legal order. The author disputes this position and points out that one of the challenged provisions has not lost its binding force and, therefore, its constitutionality should be subjected to substantive review.

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