Poland’s constitutional crisis. From court-packing agenda to denial of Constitutional Court’s judgments
Journal Title: Studi polacco-italiani di Toruń / Toruńskie studia polsko-włoskie - Year 2016, Vol 0, Issue
Abstract
The history of the Polish Constitutional Court (Trybunał Konstytucyjny, hereinafter: the CC) shows that it has been one of the most respected constitutional organs. Although the CC has ruled on many controversial cases, and its case-law sometimes has been heavily criticized, until 2015, it had never become the object of a direct political attack. The ongoing constitutional crisis in Poland started a few months after the new Constitutional Court Act of 25th June 2015 (hereinafter: the CCA of 2015) had come into force. The CCA of 2015 replaced the previous Constitutional Court Act of 1997 (the CCA of 1997). The draft of the new Act (CCA of 2015) was presented by the former President, Bronisław Komorowski, already in 2013. Yet, the parliamentary proceeding on the draft came to a standstill until May 2015[2]. On 25th of June Sejm adopted the CAA of 2015. It was signed by the outgoing President Komorowski[3] on one of his last days in office and soon thereafter became binding law. Promulgated on 30th of July 2015 it entered in force 30 days later, on 30th of August 2015).
Authors and Affiliations
Aleksandra Kustra
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