Podstawy prawne oraz ocena zgodności z prawem działania Trybunału Konstytucyjnego
Legal basis and assessment of the legality of the actions of the Constitutional Tribunal
Author(s): Michał ZiółkowskiSubject(s): Constitutional Law, International Law, Philosophy of Law
Published by: Kancelaria Sejmu
Keywords: Constitution; Constitutional Tribunal; European Court of Human Rights; Court of Justice of the European Union;
Summary/Abstract: The status of Constitutional Tribunal decisions and the regulation of their legal consequences are comprehensively defined in Article 190 of the Constitution. The current legal system does not contain any constitutional or statutory provisions regulating this issue, in particular provisions authorising the cancellation or ineffectiveness of a Tribunal judgment. The applicable provisions of ratified international agreements allow for a legally significant assessment (made by the European Court of Human Rights or the Court of Justice of the European Union in a specific case) of the Constitutional Tribunal, as an act of a public authority for which the state is responsible in accordance with the scope of its international obligations and in accordance with the requirement set out in the Constitution.
Journal: Zeszyty Prawnicze BAS
- Issue Year: 2025
- Issue No: 86
- Page Range: 115-145
- Page Count: 31
- Language: Polish
