Jump to content

Constitutional Tribunal (Poland)

From Wikipedia, the free encyclopedia

This is an old revision of this page, as edited by Silver seren (talk | contribs) at 22:41, 5 September 2016 (References: Remove unused refs). The present address (URL) is a permanent link to this revision, which may differ significantly from the current revision.

Constitutional Tribunal
Trybunał Konstytucyjny
Map
Established1982-constitutional amendment establishing the Constitutional Tribunal 1986-the beginning of activity
LocationWarsaw
Composition methodPrime ministerial nomination with Sejm RP confirmation
President and Vice President appointed by President of the Republic
Authorised byConstitution of the Republic of Poland
Judge term length9 years, only one term
Number of positions15
Websitetrybunal.gov.pl
President
CurrentlyProf. Andrzej Rzepliński
Since3 December 2010
Vice President
CurrentlyProf. Stanisław Biernat
Since3 December 2010
The seat of the Tribunal, Warsaw (2006)

The Constitutional Tribunal (Template:Lang-pl) is the constitutional court of the Republic of Poland, a judicial body established to resolve disputes on the constitutionality of the activities of state institutions; its main task is to supervise the compliance of statutory law with the Constitution of the Republic of Poland.

The Constitutional Tribunal adjudicates on the compliance with the Constitution of legislation and international agreements (also their ratification), on disputes over the powers of central constitutional bodies, and on compliance with the Constitution of the aims and activities of political parties. It also rules on constitutional complaints.

The Constitutional Tribunal is made up of 15 judges chosen by Sejm RP for nine-year terms. They are fully independent. The Constitutional Tribunal constitutes one of the formal guarantees of a state grounded on the rule of law.

Three judges, appointed by the President of the Tribunal, serve as members of the National Electoral Commission (Act of 5 January 2011 Electoral Code).

Current Justices

No. Term of office Full name Comment
1. since 19 December 2007 Prof. Andrzej Rzepliński[1] President of the Tribunal since 3 December 2010
2. since 26 June 2008 Prof. Stanisław Biernat Vice-President of the Tribunal since 3 December 2010
3. since 6 May 2010 Prof. Sławomira Wronkowska-Jaśkiewicz[2]
4. since 3 December 2010 Stanisław Rymar
5. since 3 December 2010 Prof. Piotr Tuleja
6. since 3 December 2010 Prof. Marek Zubik
7. since 5 January 2011 Prof. Małgorzata Pyziak-Szafnicka[3]
8. since 29 May 2011 Prof. Andrzej Wróbel
9. since 23 July 2012 Prof. Leon Kieres
10. since 28 April 2016 Dr. hab. Zbigniew Jędrzejewski
11. since 7 November 2015 Prof. Roman Hauser
12. since 7 November 2015 Dr. hab. Krzysztof Ślebzak
13. since 7 November 2015 Prof. Andrzej Jakubecki
14. since 3 December 2015 Piotr Pszczółkowski
15. since 3 December 2015 Julia Przyłębska

The three judges with term of office 'since 7 November 2015' are disputed : the Sejm appointed them (with two others) before the parliamentary elections of 2015; after these elections, the Sejm invalidated their appointment and elected five new judges in their place. The president denied the serment to the five appointed before the election and swore the five new judges in.

Of the appointments made before the election, the Constitutional Tribunal itself invalidated two (Bronisław Sitek and Andrzej Sokala) and accepted three (Roman Hauser, Krzysztof Ślebzak and Andrzej Jakubecki). As a consequence, of the appointments made after the election, the Tribunal accepted two (Piotr Pszczółkowski and Julia Przyłębska) and invalidated three (Henryk Cioch, Lech Morawski and Mariusz Muszyński). See Polish Constitutional Court crisis, 2015.

See also

References

  1. ^ Sworn in as Justice on 14 January 2008
  2. ^ Sworn in as Justice on 17 May 2010
  3. ^ Sworn in as Justice on 11 January 2011