Projekt stanowiska Sejmu w sprawie o sygn. akt SK 4/16
Sejm draft position on case ref. no. SK 4/16 concerning the Act of 27th July 2001 – the Law on the System of Common Courts (WPTK-784/16)

Summary/Abstract: This draft position ofthe Sejm concerns the constitutional complaint of 13th August 2015. In the proposeddraft position the author claims that the Article 107 paragraph 1 of the Act of 27th July2001 – the Law on the System of Common Courts is in compliance with the Article 42para. 1 sentence no. 1 in conjunction with the Article 2 of the Constitution. The authorstates that the challenged provision does not infringe the principle of specificity oflaw, and that the nullum crimen sine lege principle is applicable to the disciplinaryproceedings only in a suitable way. Moreover, he claims that in the remaining scope ofthe complaint the proceedings should be discontinued pursuant to Article 40 para. 1subpara. 1 of the Act on the Constitutional Tribunal due to the inadmissibility of thejudgment.

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