The Constitutional Tribunal in Poland
Kłopocka, Marta |
The article discusses fundamental issues concerning the Polish Constitutional Tribunal. Firstly, it presents a history of the Tribunal from 1985 till present. The author focuses on the evolution of its status and significance, especially the problem of initial non finality of judgements of the Tribunal. Secondly, the question of relation between the Tribunal and other state organs is described. This problem is exemplified by the evolving constitutional regulations in that matter. According to the Constitution of the Republic of Poland of 1997, the Constitutional Tribunal is a part of judiciary power, but unlike the courts, it is not appointed to implement ‘the administration of justice’. In other words, the role of Tribunal is not to adjudicate individual cases, but to be a guardian of the legal acts’ constitutionality. The author presents the difference of opinion on the exact meaning of the constitutional term “the administration of justice” among Polish experts and their critique of the actual constitutional regulation concerning the place of Constitutional Tribunal in the state organs’ system.