The Signal Function of the Constitutional Tribunal: The Desirable Changes and the Current Position Cover Image

Funkcja sygnalizacyjna Trybunału Konstytucyjnego — stan obecny a projektowane zmiany
The Signal Function of the Constitutional Tribunal: The Desirable Changes and the Current Position

Author(s): Jan Uniejewski, Anna Pazura
Subject(s): Constitutional Law
Published by: Kancelaria Sejmu
Keywords: signal function; the Constitutional Tribunal; signalization; flaws and loopholes in the law; coherency and completeness of the legal system; constitutional review

Summary/Abstract: The article provides an analysis of the signal function of the Constitutional Tribunal in the Republic of Poland. The issue is presented in the context of the discussion based on directions of changes provided in the Constitutional Tribunal Act of 25th June 2015. For a proper assessment of the desirable legislative solutions, it is necessary to consider the current state with reference to both historical and comparative aspects. In consequence of that methodology, it must be emphasized that identified gaps in the current regulations prevent reaching the aim of the function. Its main idea is to ensure coherency and completeness of the legal system. As it is maintained in the Act of 25th June 2015, such a situation would undoubtedly undermine the meaning of existence of this institution, as its practical importance would continue to be negligible

  • Issue Year: 2015
  • Issue No: 5
  • Page Range: 99-116
  • Page Count: 16
  • Language: Polish