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PL

2021-12-03

#PatoLaw: Constitutional Court applications: a legal fuse for society, not a political weapon for power

Synthesis:

  • The mechanism for reviewing the constitutionality of existing laws, laws yet to be passed, and the goals or activities of political parties was intended to provide legal security for citizens in a democratic state of law.

  • As a result of political pressure, the composition of the current Constitutional Court remains defective in three cases (the so-called "stand-in judges") by which it cannot be considered an independent and impartial court, which was established by a judgment of the European Court of Human Rights (complaint No. 4907/18).

  • Despite this defect and the ECHR judgment, the Constitutional Tribunal under the leadership of Julia Przyłębska renders decisions in cases of key importance for civil rights and freedoms.

  • Instead of acting as a fuse, the Constitutional Tribunal protects and supports the actions of ruling politicians with its rulings.


Contact to the author:

Eliza Rutynowska, FOR lawyer
eliza.rutynowska@for.org.pl


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