Publication details

Spor o polský Ústavní tribunál

Title in English Dispute Concerning the Polish Constitutional Tribunal
Authors

KOUDELKA Zdeněk

Year of publication 2016
Type Article in Periodical
Magazine / Source Trestní právo : odborný časopis pro trestní právo a obory související
MU Faculty or unit

Faculty of Law

Citation
Web Repozitář MU
Field Law sciences
Keywords Constitutional Tribunal; Poland
Attached files
Description Poland is currently under criticism for an amendment of the Constitutional Tribunal Act passed by the new government majority party called Law and Justice (PiS). In 2015 the legislative change was adopted, which introduced an obligation for the Constitutional Tribunal to discuss an unconstitutionality of an act only in the presence of at least 13 judges, under the chairmanship of President or Vice President of the Constitutional Tribunal. An act is unconstitutional if two-thirds of the judges vote for it. This text compares this requirement with the adjustment in Bohemia, Moravia and Silesia in the past and present.

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