Trybunał Konstytucyjny de lege ferenda — propozycje nowelizacji ustawy w odpowiedzi na opinię Komisji Weneckiej
Journal Title: PRZEGLĄD SEJMOWY - Year 2016, Vol 135, Issue 4
Abstract
The article presents the proposals for the new statutory defi nition of the position of the Constitutional Tribunal in response to the opinion of the Venice Commission criticizing the so-called “repair law”, adopted in December 2015 to amend the Constitutional Tribunal Act of 25 June 2015. The starting point for comments in the article is a critique of the position of Venice Commission which claims that there is only one universal and always repeatable model of constitutional judiciary. It is obviously wrong, as the extra-parliamentary review of the constitutionality of law it is a heterogeneous and strongly pluralistic institution. It may have either a judicial (as in the USA), a quasi-judicial (Austria) or clearly extrajudicial (France) character. Each particular model of constitutional judiciary is the result of a country’s own experiences, the impact of foreign models of governance and the approach to constitutional review, which treats it as both an institution and a legal-political idea. It is also worth mentioning that disputes over constitutional courts are by no means Poland’s exclusive domain, as they took place (to a larger or smaller extent) everywhere, including in the USA, France, Italy, Hungary and South Korea. Later in the article, the author formulates the proposals concerning the new Constitutional Tribunal Act relating to issues such as the composition of the Tribunal; procedure for the nomination of candidates for judges of the Tribunal; the majority required to elect a judge; procedure for taking oaths from those elected to the post of judge; the adjudicating panels and the majority required to take a decision by the Tribunal; as well as the term of office of the President of the Constitutional Tribunal. The above-mentioned topics do not exhaust the whole potential list of issues, but address those matters that have aroused the most controversy and which became the object of scrutiny from the Venice Commission
Authors and Affiliations
Jarosław Szymanek
Keywords
Related Articles
- EP ID EP218246
- DOI -
- Views 75
- Downloads 0
Rozwiązanie legislatywy w systemie parlamentarnym
It is noticeable that, while the parliament has a lot of constitutional checks against the government, the latter does not, at least directly, have such a weapon. It must avail itself of good will of the head of state an...
Wolność nauki i nauczania oraz autonomia uczelni a jakość naukowa uniwersytetów
The purpose of this article is to confi rm that the length of freedom of science and teaching legal warranty period, as well as the autonomy of the universities in a country, have contributed to the highlevel research. I...
Koncepcje systemu wyborczego do Sejmu na ziemiach Krolestwa Polskiego w latach 1917–1918 (Kamil Kacperski)
The reviewed book presents the origin and course of the systemic dispute, whose participants were almost all political groups, concentrated into three camps: active, passive and the pro-independence left in the period pr...
Prawne i praktyczne zagadnienia finansowania kampanii wyborczej w wyborach prezydenckich w Polsce w latach 2010 i 2015
The purpose of the article is to draw attention to the issues that pertain to the fi nancing of election campaigns during the election of the President of the Republic of Poland, which are important for the democratic ru...
Sprawozdanie z XX Międzynarodowej Konferencji „Europa Karpat”, Przemyśl, 17 lutego 2018 r.
The judgment of the Constitutional Court of 22 June 2017 in case United Democratic Movement v. President of the National Assembly refers to the possibility of admitting a secret vote on a motion for a vote of no confiden...