Glosa do Wyroku Trybunału Konstytucyjnego z dnia 13 grudnia 2022 r., sygn. akt K 3/22
Commentary to the Judgement of the Constitutional Tribunal of 13 December 2022, ref. no. K 3/22
Author(s): Mikołaj Truszkowski, Anna WarstonSubject(s): Politics / Political Sciences, Law, Constitution, Jurisprudence, Constitutional Law
Published by: Kancelaria Sejmu
Keywords: Constitutional Tribunal; principle of equality; access to public service; Constitution of the Republic of Poland; National School of Judiciary and Public Prosecution; age restriction
Summary/Abstract: The discussed judgement of the Constitutional Tribunal of 13 December 2022, ref. no. K 3/22 refers to the age restriction for candidates for judicial and prosecutorial apprenticeships established as a result of the amendment of July 2018. The Constitutional Tribunal ruled that it was inconsistent with the provisions of the Constitution of the Republic of Poland, adopting Article 60 in conjunction with Article 31(3) of the Constitution of the Republic of Poland as the model of control. However, the Constitutional Tribunal found it unnecessary to examine the legality of the contested provisions with Article 32 of the Constitution of the Republic of Poland, which establishes the principle of equality. The authors have analysed this judgement, discussing the indicated patterns of constitutional control. The issue thus becomes part of the ongoing scientific discourse on the status of a judge and the state of the rule of law in Poland. Completion of an apprenticeship at the National School of Judiciary and Public Prosecution is the main path to the profession of judge and a prosecutor
Journal: Przegląd Sejmowy
- Issue Year: 182/2024
- Issue No: 3-4
- Page Range: 137-152
- Page Count: 16
- Language: English, Polish