Abstract

AbstractThis chapter concerns the constitutional crisis in Poland that began in 2015. It was triggered by appointing judges of the Constitutional Tribunal, by the outgoing Parliament, and then by re-appointing new judges for the same vacancies. Thus, the status of three judges elected by the previous Parliament and three judges elected by the current Parliament remains disputable.One of the crucial elements of the rule of law is the principle of legality. There are two aspects of this principle: the presumption of legality that covers all acts of state bodies; the revoking of this presumption may be performed only within procedures prescribed by the law. The law should indicate a state body competent to revoke the presumption of legality and define the legal effects of such revoking. If the law is incomplete, incoherent or imprecise in that scope—that may lead to legal and political crisis. Polish legislation and Constitution fail to comply with the said standard. This is one of the causes of the constitutional crisis in Poland.In a state governed by the rule of law state bodies should mutually respect their acts. State bodies should not treat acts or decisions issued by other state bodies as invalid or non-existent, unless it is declared within a procedure prescribed by the law. Otherwise, a legal chaos may occur. Courts are not empowered to evaluate the lawfulness of the Tribunal’s judgments. One of the crucial elements of the rule of law principle is the certainty of law.

Highlights

  • This contribution concerns the crisis that was caused by the election of five judges of the Polish Constitutional Tribunal (CT) in October and December 2015

  • It should be emphasised that the precise analysis of the aforementioned question is crucial, since the whole rule of law crisis in Poland began with the Constitutional Tribunal-related problem

  • The constitutional crisis in Poland began in October 2015

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Summary

Introduction

This contribution concerns the crisis that was caused by the election of five judges of the Polish Constitutional Tribunal (CT) in October and December 2015. The events that took place at that time led to the greatest constitutional dispute in the modern history of Poland and to the so-called ‘rule of law crisis’ in Poland that was subject to numerous procedures, in particular, before the organs of the European Union and the Council of Europe.. The principal aim of this contribution is to explain and evaluate sine studio et ira the sequence of actions that led to the crisis and to identify its root causes from the perspective of the rule of law principle. It should be emphasised that the precise analysis of the aforementioned question is crucial, since the whole rule of law crisis in Poland began with the Constitutional Tribunal-related problem.

Facts and Law
Controversies Concerning Three Constitutional Judges
The Rule of Law and the Principle of Legality
Constitutional Tribunal’s Scope of Competence
May the Constitutional Tribunal Bypass an Act of Parliament?
Presumption of Legality of Acts Issued by State Bodies
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