Constitutional Court (Poland)
 |
|
| State level | Central |
|---|---|
| position | Constitutional body |
| founding | 1986 |
| Headquarters | Warsaw |
| Chair |
Julia Przyłębska (since December 21, 2016) |
| Website | trybunal.gov.pl |
The Constitutional Court of the Republic of Poland ( Polish: Trybunał Konstytucyjny ) is a state body that monitors compliance with the Polish constitution . It reviews laws and other legal norms for their compatibility with the constitution of Poland , judges whether the laws are compatible with the ratified international treaties , disputes over competences between central constitutional state organs and whether the goals and activities of political parties are compatible with the constitution. It is an element of the political system of the Republic of Poland .
history
Until the late Middle Ages, the highest court jurisdiction was the responsibility of the Polish king. In the course of the transformation of the state into an aristocratic republic in the early modern period, the monarch's rights as chief judge were curtailed. In the 16th century the independent Crown Tribunal in Lublin and Petrikau was set up as the highest court in Poland. Lithuania has its own crown tribunal in Wilno and Grodno . The tribunal lasted until the third partition of Poland in 1795. The reform he decided on at the Great Sejm from 1788 to 1792 could no longer be implemented.
During the Napoleonic era, a Supreme Court was established in the Duchy of Warsaw on the basis of the 1807 constitution, but this was dissolved by the Russian occupiers with Napoleon's defeat in 1812.
During the First World War, the Warsaw Supreme Court was established in 1917. With the March constitution of 1921, a court of competence was added to regulate constitutional disputes between constitutional bodies.
However, the communist constitution of 1952 no longer provided for its own constitutional jurisdiction. The constitutional court, which still exists today, was only re-established in 1986.
2015 reforms
Legal basis
The court was established based on the law of April 29, 1985 at the beginning of 1986 and has its seat in Warsaw .
activity
The Constitutional Court consists of 15 judges who are elected for nine years by the Sejm , which consists of 460 members. The absolute majority (Poland) applies . Re-election is not permitted.
The President of the Constitutional Court (Polish: Prezes Trybunału Konstytucyjnego ) and his deputies are appointed and sworn in by the President from among the candidates proposed by the General Assembly of Judges of the Constitutional Court.
The decisions of the Constitutional Court are generally binding and final.
Judge
The President of Poland appoints the judges of the Constitutional Court at the request of the Sejm . The term of office lasts nine years. Like all judges in Poland, the judges of the Constitutional Court enjoy criminal immunity. 15 judge posts are planned. They are currently made up as follows, with the judges nominated by the PO before 2015 and the judges after 2015 by the PiS :
| Surname | Beginning of the term of office | Term expires | nominated by | elected by |
|---|---|---|---|---|
|
Julia Przyłębska (* 1959) (President) |
Dec 9, 2015 | 9 Dec 2024 | PiS | VIII. Sejm |
| Leon Kieres (* 1948) | July 23, 2012 | July 23, 2021 | PO - PSL - SLD | VII. Sejm |
| Mariusz Muszyński (* 1964) | Dec 2, 2015 | Dec 2, 2024 | PiS | VIII. Sejm |
| Piotr Pszczółkowski (* 1970) | 3 Dec 2015 | 3 Dec 2024 | PiS | VIII. Sejm |
| Zbigniew Jędrzejewski (* 1958) | Apr 28, 2016 | Apr 28, 2025 | PiS | VIII. Sejm |
| Michał Warciński (* 1979) | Dec 20, 2016 | Dec 20, 2025 | PiS | VIII. Sejm |
| Andrzej Zielonacki (* 1954) | June 28, 2017 | June 28, 2026 | PiS | VIII. Sejm |
| Justyn Piskorski (* 1971) | Sep 18 2017 | Sep 18 2026 | PiS | VIII. Sejm |
| Jarosław Wyrembak (* 1967) | Jan. 30, 2018 | Jan. 30, 2027 | PiS | VIII. Sejm |
| Wojciech Sych (* 1963) | 8 Apr 2019 | Apr 8, 2028 | PiS | VIII. Sejm |
| Krystyna Pawłowicz (* 1952) | 5th Dec 2019 | Dec 5, 2028 | PiS | IX. Sejm |
| Stanisław Piotrowicz (* 1952) | 5th Dec 2019 | Dec 5, 2028 | PiS | IX. Sejm |
| Jakub Stelina (* 1969) | 5th Dec 2019 | Dec 5, 2028 | PiS | IX. Sejm |
| Rafał Wojciechowski (* 1969) | Jan. 7, 2020 | Jan. 7, 2029 | PiS | IX. Sejm |
| Bartłomiej Sochański (* 1959) | Apr 9, 2020 | Apr 9, 2029 | PiS | IX. Sejm |
organs
The organs of the court include the first president of the court, his deputy and the general assembly of judges of the constitutional court.
First President of the Court
The President of the Republic appoints the First President of the Tribunal and his deputy. The current president is Julia Przyłębska and her deputy is Mariusz Muszyński .
General Assembly
The general assembly consists of all incumbent constitutional judges. The judges form individual panels.
building
The Constitutional Court was housed in the building complex of the Sejm and Senate in Building B from 1986 to 1995. The court has been sitting in the building of the former officers' mess of the former cadet school since 1995.
budget
The budget of the Constitutional Court is set in the annual budget. In 2018, the expenditure was about PLN 36 million and the income was PLN 0.03 million.
See also
literature
- Zdzisław Czeszejko-Sochacki: Sądownictwo konstytucyjne w Polsce na tle porównawczym (The Constitutional Court in Poland on a Comparative Background) . Trybunał Konstytucyjny, Warsaw 2003, ISBN 83-8751528-0 .
Web links
- Official website (Polish, English, French)
- Dieter Grimm : Limits of majority rule . Guest article, FAZ.net from January 4, 2016
- Opinion of the Venice Commission of March 11, 2016
Individual evidence
- ↑ a b Articles 188–197 of the Constitution of the Republic of Poland
- ^ The Constitutional Tribunal's scope of jurisdiction
- ↑ Ustawa z dnia 29 kwietnia 1985 o Trybunale Konstytucyjnym . Source: A CASE OF “SOVEREIGNTY REGAINED”? (pdf, p. 3, footnote 14)
- ↑ Klaus Ziemer: Poland: Formation of Democracy . Information on political education No. 311/2011. P. 22. Retrieved October 1, 2016.
- ↑ Zasady i procedura wyboru sędziów polskiego Trybunału Konstytucyjnego. In: inpris.pl. Retrieved January 20, 2018 (Polish).
Coordinates: 52 ° 12 ′ 56.2 ″ N , 21 ° 1 ′ 25 ″ E