THE CONSTITUTIONAL TRIBUNAL
Article 188
The Constitutional Tribunal shall adjudicate regarding the following matters:
1) the conformity of statutes and international agreements to the Constitution;2) the conformity of a statute to ratified international agreements whose ratification required prior consent granted by statute;3) the conformity of legal provisions issued by central State organs to the Constitution, ratified international agreements and statutes;4) the conformity to the Constitution of the purposes or activities of political parties;5) complaints concerning constitutional infringements, as specified in Article 79, para. 1.
Article 189
The Constitutional Tribunal shall settle disputes over authority between central constitutional organs of the State.
Article 190
- Judgments of the Constitutional Tribunal shall be of universally binding application and shall be final.
- Judgments of the Constitutional Tribunal regarding matters specified in Article 188, shall be required to be immediately published in the official publication in which the original normative act was promulgated. If a normative act has not been promulgated, then the judgment shall be published in the Official Gazette of the Republic of Poland, Monitor Polski.
- A judgment of the Constitutional Tribunal shall take effect from the day of its publication, however, the Constitutional Tribunal may specify another date for the end of the binding force of a normative act. Such time period may not exceed 18 months in relation to a statute or 12 months in relation to any other normative act. Where a judgment has financial consequences not provided for in the Budget, the Constitutional Tribunal shall specify date for the end of the binding force of the normative act concerned, after seeking the opinion of the Council of Ministers.
- A judgment of the Constitutional Tribunal on the non-conformity to the Constitution, an international agreement or statute, of a normative act on the basis of which a legally effective judgment of a court, a final administrative decision or settlement of other matters was issued, shall be a basis for re-opening proceedings, or for quashing the decision or other settlement in a manner and on principles specified in provisions applicable to the given proceedings.
- Judgments of the Constitutional Tribunal shall be made by a majority of votes.
Article 191
- The following may make application to the Constitutional Tribunal regarding matters specified in Article 188:
1) the President of the Republic, the Marshal of the Sejm, the Marshal of the Senate, the Prime Minister, 50 Deputies, 30 Senators, the First President of the Supreme Court, the President of the Chief Administrative Court, the Public Prosecutor-General, the President of the Supreme Chamber of Control and the Commissioner for Citizens’ Rights,
2) the National Council of the Judiciary, to the extent specified in Article 186, para. 2;
3) the constitutive organs of units of local self-government;
4) the national organs of trade unions as well as the national authorities of employers’ organizations and occupational organizations;
5) churches and religious organizations;
6) the subjects referred to in Article 79 to the extent specified therein. - The subjects referred to in para. 1 subparas. 3-5, above, may make such application if the normative act relates to matters relevant to the scope of their activity.
Article 192
The following persons may make application to the Constitutional Tribunal in respect of matters specified in Article 189: the President of the Republic, the Marshal of the Sejm, the Marshal of the Senate, the Prime Minister, the First President of the Supreme Court, the President of the Chief Administrative Court and the President of the Supreme Chamber of Control.
Article 193
Any court may refer a question of law to the Constitutional Tribunal as to the conformity of a normative act to the Constitution, ratified international agreements or statute, if the answer to such question of law will determine an issue currently before such court.
Article 194
- The Constitutional Tribunal shall be composed of 15 judges chosen individually by the Sejm for a term of office of 9 years from amongst persons distinguished by their knowledge of the law. No person may be chosen for more than one term of office.
- The President and Vice-President of the Constitutional Tribunal shall be appointed by the President of the Republic from amongst candidates proposed by the General Assembly of the Judges of the Constitutional Tribunal.
Article 195
- Judges of the Constitutional Tribunal, in the exercise of their office, shall be independent and subject only to the Constitution.
- Judges of the Constitutional Tribunal shall be provided with appropriate conditions for work and granted remuneration consistent with the dignity of the office and the scope of their duties.
- Judges of the Constitutional Tribunal, during their term of office, shall not belong to a political party, a trade union or perform public activities incompatible with the principles of the independence of the courts and judges.
Article 196
A judge of the Constitutional Tribunal shall not be held criminally responsible or deprived of liberty without prior consent granted by the Constitutional Tribunal. A judge shall be neither detained nor arrested, except for cases when he has been apprehended in the commission of an offence and in which his detention is necessary for securing the proper course of proceedings. The President of the Constitutional Tribunal shall be notified forthwith of any such detention and may order an immediate release of the person detained.
Article 197
The organization of the Constitutional Tribunal, as well as the mode of proceedings before it, shall be specified by statute.