The Procedure for Issuing and Reversing Preliminary Decisions by the Constitutional Tribunal Cover Image

Procedura wydawania i uchylania postanowień tymczasowych przez Trybunał Konstytucyjny
The Procedure for Issuing and Reversing Preliminary Decisions by the Constitutional Tribunal

Author(s): Konrad Kozioł
Subject(s): Constitutional Law
Published by: Kancelaria Sejmu
Keywords: preliminary decision; complaint; Constitutional Tribunal; detriment; irreversible consequences; interest of the complainant

Summary/Abstract: Preliminary decision is a security measure intended to protect rights and freedoms. It may be issued only in the event that the enforcement of the judgment, decision or another ruling in the case to which the complaint refers might result in negative and irreversible consequences linked withgreat detriment to the person making the complaint or where a vital public interest or another vital interest of the person making the complaint speaks in favour thereof, and also in the eventthat the judgment, decision or another ruling in the case to which the complaint refers has not beenfully enforced. After satisfying all the conditions justifying the initiation of the procedure whichmay result in the repeal of unconstitutional law, it is possible – in particular circumstances — tosuspend or stop the enforcement of the judgment. However, when the reasons for which the preliminary decision was given have ceased to have effect, such decision should be reversed by the Constitutional Tribunal.

  • Issue Year: 2013
  • Issue No: 2
  • Page Range: 53-65
  • Page Count: 13
  • Language: Polish
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