The presidential bill on Constitutional Tribunal – selected issues Cover Image

Prezydencki projekt ustawy o Trybunale Konstytucyjnym – wybrane zagadnienia
The presidential bill on Constitutional Tribunal – selected issues

Author(s): Paweł Kuczma
Subject(s): Constitutional Law, Government/Political systems, Electoral systems
Published by: Wydawnictwo Uczelni Jana Wyżykowskiego
Keywords: act on the Constitutional Court; amendment to the act; Constitutional Tribunal; judges of the Constitutional Court; selection of judges; corps of lawyers of the Constitutional Court; signal decision;

Summary/Abstract: The need to verify many solutions in the act on the Constitutional Tribunal and implement new, cohesive developments resulted in bringing to the Parliament a presidential bill that would regulate this matter completely. In the article they concentrated on selected issues which were normalized differently than the ones being in force so far. In the first part, a new proposal of defining the Constitutional Tribunal which is supposed to protect constitutional order of the Republic of Poland was discussed. Deliberations in the next section of the work refer to the signal function of the Tribunal, neglected both in doctrine, as well as the practice. The drafter might assume that the proposed changes would make it possible to obtain the opinions from addressees of signal decisions. Next, a new proposal of appointing judges of the Constitutional Tribunal was discussed, which is supposed to depoliticize this process. The situation of the corps of lawyers of the Tribunal was described as well – the body which so far hasn’t been functioning following the act being in force, as well as new rights of the District Court in Warsaw, within the in framework of registering and controlling the political parties. The whole paper finishes with the attention put to legislative novelties suggested in the in the bill.