Organizacja i funkcjonowanie Trybunału Konstytucyjnego
Loading...
Date
1986
Authors
Advisor
Editor
Journal Title
Journal ISSN
Volume Title
Publisher
Wydział Prawa i Administracji UAM
Title alternative
Organization and functioning of the Constitutional Tribunal
Abstract
The subject matter of the article is the regulation of the Constitution of Polish
People's Republic, the Constitutional Tribunal Act (CT) of 29 Apr. 1985 and
the resolution of the Polish Seym of 31 Jul. 1985 on the specific proceedings before
the CT, concerning several problems marked in the title. The author advocates
his opinion in the following questions:
1. Relation of the quoted resolution to the CT Act. The author maintains that
the regulation of the resolution should be contained in the Act.
2. Membership and the mode of constituting the CT, conditions to be fulfilled
by the candidates to become appointed members, possibilities of revokinf the CT
judges.
3. Questions of independence of the judges, their subordination and the judicial
immunity, the author advocates here that contrary to the explicit Constitutional
regulation, the CT judges are subordinated not only to the Constitution but also to
parliamentary statutes and resolutions.
4. The range of subjects entitled to apply to the CT to decide on the legality
of regulation, and the formal requirements concerning the said applications; the
author advocates that citizens are not ellegible to apply directly to the CT but
they can influence the activity of the state organs and social organizations.
5. The range of subjects entitled to address legal queries to the CT, the mode
of proceedings, deciding and effects of the CT decisions in that scope.
6. Next, trails before the CT, benches, final character of the CT decisions, possibility
of trials de novo in cases decided by the CT in the full composition of
its bench, character of the general meeting of the CT judges.
7. The final part dwells on the CT decisions, their formal requirements, legal
effects of the decisions and the mode of their execution.
Description
Sponsor
Digitalizacja i deponowanie archiwalnych zeszytów RPEiS sfinansowane przez MNiSW w ramach realizacji umowy nr 541/P-DUN/2016
Keywords
Citation
Ruch Prawniczy, Ekonomiczny i Socjologiczny 48, 1986, z. 1, s. 17-37