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The Constitutional Tribunal

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Judicial structure of Polandcommon courts military courts

administrative courts tribunals

The Supreme CourtThe Supreme Administrative

Court

The Constitutional

Tribunal and The Tribunal of Statecourts of

appeal

regional courts

district courts

military regional courts

military garrisons

courts

provincial administrative

courts

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Article 10, The Constitution Of The Republic of Poland1. The system of government of the Republic of Poland shall be based on the separation of and balance between the legislative, executive and judicial powers.2. Legislative power shall be vested in the Sejm and the Senate, executive power shall be vested in the President of the Republic of Poland and the Council of Ministers, and the judicial power shall be vested in courts and tribunals.

is an independent constitutional organ of the State, is to be regarded as an organ of judicial authority, within the judiciary it holds a distinct position in relation to

both the Tribunal of State and the courts remaining under the leadership of the Supreme Court and the Supreme Administrative Court,

The Constitutional Tribunal remains outside the system of courts, thus constitutes a separate branch of judicial power.

Position in the political system

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is composed of 15 judges including the President and Vice-President they are appointed by the Sejm for 9 years from amongst persons

distinguished by their knowledge of law A judge elected takes the oath in the presence of the President of

the Republic of Poland. The refusal to take the oath is equivalent to a resignation from the office of a judge of the Tribunal

judges shall be independent and subject only to the Constitution in the exercise of their office (principle of independence)

Organization

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Bodies of Tribunal: President of the Tribunal• together with the Vice-president is appointed by the

President of the Republic from amongst two candidates for each of these posts presented to him by the General Assembly

• represents the Tribunal outside and performs the activities specified by the statute and the regulations of the Tribunal

General Assembly of the judges of the Constitutional Tribunal• at least once a year the General Assembly is convened

to publicly discuss the Tribunal's activity and the problems resulting from its jurisprudence

• makes principal decisions concerning organization of the Tribunal's activity (i.a. resolves the Tribunal's Rules of Procedure)

Organization

Andrzej Rzepliński President

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are granted an immunity the consent to hold a judge criminally liable or

deprive him of liberty must be granted by the General Assembly of the judges of the Constitutional Tribunal in the form of a resolution

are forbidden to hold public offices (incompatibilitas) and they are also bound to refrain from any political activity

Judges of the Constitutional Tribunal

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1) review of norms preventive posterior• abstract• concrete

2) settling disputes over authority between the central constitutional organs of State3) deciding on the conformity to the Constitution of the purposes or activities of political parties4) determining whether or not there exists an impediment to the exercise of the office by the President of the Republic

Scope of jurisdiction

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adjudicating on hierarchical conformity of normative acts of lower rank to the normative acts (legal norms) of higher rank and eliminating provisions adjudicated as unconstitutional from the system of law in force

Review of norms

the Constitution

treaties ratified with prior consent granted by statute

statutes

regulations

The hierarchy of main sources of law in Poland

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American judicial review:

Authority is decentralized: all judges possess the power to annul a statute on the grounds that it violates the constitution law.

The Supreme Court is a court of “general jurisdiction: it is the highest court of appeal in the legal order, for all issues of law, not just constitutional issues.

Judicial review is understood to be “concrete,” in that it is exercised pursuant to ordinary litigation.

Review of normsAmerican and European models

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European constitutional review:

Authority is centralized: only the constitutional court may annul a statute as unconstitutional.

Judicial review of statute is prohibited. The Constitutional Court’s jurisdiction is restricted to

resolving constitutional disputes. The ordinary courts handle civil suits and criminal

matters.

Review of normsAmerican and European models

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the right to initiate a priori review is vested exclusively in the President 

it refers exclusively to the statutes already adopted by the Parliament and submitted to the President for signature and international agreements submitted to the President for ratification.

the President may question the constitutionality of the statute in its entirety or only of its specific provisions. The Tribunal adjudicates exclusively within the scope of provisions questioned.

the President is obliged to sign a statute pronounced consistent with the Constitution and to refuse signing a statute pronounced inconsistent with the Constitution in its entirety

Preventive review of norms

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Refers to such normative acts which are already enacted, are in force or are still in the vacatio legis period.

Forms:

o abstract review

o concrete review (every court may submit a question of law concerning the conformity of an act to

the Constitution, ratified international agreement or a statute to the Constitutional Tribunal, if the decision in proceedings conducted before the court depends on the answer to a prticular question of law)

o specific form: constitutional complaint

Posterior review of norms

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general initiative• the President, the Marshals of the Sejm and the Senate,

the Prime Minister, the First President of the Supreme Court, the President of the Supreme Administrative Court, the Public Prosecutor General, the President of the Supreme Chamber of Control and the Commissioner for Citizens' Rights and a group of 50 Deputies or 30 Senators

particular initiative • the National Council of the Judiciary, the constitutive

organs of units of local government, the national organs of trade unions, as well as the national authorities of employers' organizations and occupational organizations, churches and religious organizations.

The range of subjects entitled to initiate a posteriori abstract review

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Judgments of the Constitutional Tribunal shall be of universally binding application

decisions referring to the review of norms are published in the official journal in which the original normative act was promulgated

the Tribunal's judgments may not be appealed against and have an erga omnes effect.

Effects of judgments

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lack of conformity of an act (a norm) to the Constitution, international agreement or a statute does result in ex nunc (defectiveness)

act and decisions made previously on the grounds of this norm are not subject to automatic annulment

every interested party may demand the re-opening of proceedings in his/her case.

Effects of judgments