Publication details

The Dispute Concerning the Polish Constitutional Tribunal

Authors

KOUDELKA Zdeněk

Year of publication 2016
Type Article in Periodical
Magazine / Source Russian Law
MU Faculty or unit

Faculty of Law

Citation
Web Repozitář MU
Field Law sciences
Keywords Constitutional court
Attached files
Description Dispute Concerning the Polish Constitutional Tribunal. 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, a legislative change was adopted which introduced an obligation for the Constitutional Tribunal to discuss 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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