Stwierdzenie niezgodności rozporządzenia z aktem wyższego rzędu jako przesłanka roszczenia odszkodowawczego. Analiza dotycząca wymogu uzyskania prejudykatu Trybunału Konstytucyjnego
Declaration of Illegality of the Regulation with a Higher-Order Act as a Premise for a Claim for Damages. Analysis on the Requirement of a Prejudicial Decision of the Constitutional Court

Summary/Abstract: The subject of the analysis carried out in the article is the issue whether in the compensation proceeding based on the art. 4171 § 1 of the Civil Code, it is necessary to obtain a prejudicature of the Constitutional Tribunal, stating the inconsistency of the sublegislative act with a higher-order act. The motions filed by the Prime Minister and the Marshal of the lower house of the Polish parliament which concerns the examination of the compliance of art. 4171 § 1 of the Civil Code with the Constitution of the Republic of Poland constitute the grounds for these considerations. The arguments detailed in the motions mentioned above have been discussed in detail. These considerations have been supplemented by ananalysing the provisions included in the Constitution of the Republic of Poland concerning liability for damages of public authorities. On this basis, the issue of whether it is necessary to obtain a prejudicature of the Constitutional Tribunal, stating the inconsistency of a regulation with a higher-ranking act, for the purposes of compensation proceedings, was resolved. It was also discussed whether it is possible to interpret art. 4171 § 1 of the Civil Code in accordance with the approved constitutional model.

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