Details

Autor(en) / Beteiligte

• Marcin Szwed

Titel

To Void or Not To Void - On the Legal Effect of the Constitutional Tribunal’s Rulings

Ist Teil von

• Verfassungsblog, 2023-10 (2366-7044)

Ort / Verlag

Max Steinbeis Verfassungsblog GmbH

Erscheinungsjahr

2023

Link zum Volltext

Quelle

Free E-Journal (出版社公開部分のみ）

Beschreibungen/Notizen

• One of the most critical challenges in the process of restoring the rule of law in Poland after the period of ‘Law and Justice’ rule will be regulating the situation in the Constitutional Tribunal. After the unlawful election of three judges by the Sejm in November 2015 and the subsequent recognition of their judicial status by the new President of the Constitutional Tribunal, Julia Przyłębska, the Constitutional Tribunal lost its independence and authority. Instead of defending the Constitution and the rule of law, the Constitutional Tribunal often legitimizes controversial Government actions and openly questions the European standards. Rebuilding the Constitutional Tribunal's authority and restoring its proper functioning will undoubtedly be a challenging task. It must involve at least two actions: firstly, the removal of improperly elected individuals from adjudication and secondly, the regulation of the consequences of their judgments. In the following brief text, I will specifically address the latter issue, based on the report published by the Helsinki Foundation for Human Rights in June 2023.