Application of the Charter of Fundamental Rights by Polish Courts and the Jurisprudence of the Polish Constitutional Tribunal
Application of the Charter of Fundamental Rights by Polish Courts and the Jurisprudence of the Polish Constitutional Tribunal

Summary/Abstract: This text presents the application of the Charter of Fundamental Rights by Polish courts since the entry into force of the Charter in December2009. As the Charter is an element of the ‘external’ constitution for the Republicof Poland, similar to the European Convention on Human Rights, the practiceof the Polish Constitutional Tribunal is of particular importance in this analysis.Hence the referral to the Charter by common and administrative courts is ratherbriefly described and the main focus of the text is on the broader analysis of the way of and reasons for using the Charter by the Constitutional Tribunal. While the Charter is not treated as a model for the hierarchical analysis of norms in cases of constitutional complaints, it can however be offered as such a model in cases of abstract control and legal questions filed by the Courts. The use of the Charter might be further clarified by an answer of the Court of Justice of the European Union to the first request for preliminary ruling made by the Polish Constitutional Tribunal in case C-390/15 RPO.

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