The Dispute between the Constitutional Tribunal and the Supreme Court over Interpretative Verdicts in the Republic of Poland Cover Image

The Dispute between the Constitutional Tribunal and the Supreme Court over Interpretative Verdicts in the Republic of Poland
The Dispute between the Constitutional Tribunal and the Supreme Court over Interpretative Verdicts in the Republic of Poland

Author(s): Marcin Dąbrowski
Subject(s): Constitutional Law, International Law, Court case
Published by: Univerzita Palackého v Olomouci
Keywords: Constitutional Tribunal; Supreme Court; dispute; interpretative verdict; judgements; The Constitution of the Republic of Poland; interpretation; officially binding interpretation;

Summary/Abstract: The article is focused on a serious dispute between the Supreme Court and the Constitutional Tribunal over interpretative verdicts in the Republic of Poland. This kind of decisions are issued by the Tribunal. Interpretative verdicts contain explanation (interpretation) of a statutory provision, which constitutionality is controlled by the Tribunal. The main problem is, if this kind of decisions bind other courts. Judges of the Tribunal Court claim that courts, including the Supreme Court, are suppose to obey interpretative verdicts. The judges of Supreme Court maintain that this kind of decisions only indicates one of possible interpretation of a statutory provision and courts don’t have to follow it. In the article the author describes this type of verdicts, their history and explains the essence of the dispute.

  • Issue Year: 17/2017
  • Issue No: 1
  • Page Range: 211-222
  • Page Count: 12
  • Language: English