Feb 17 • 15:42 UTC 🇵🇱 Poland Rzeczpospolita

Can unpublished judgments of the Constitutional Tribunal be applied?

A procedural error in a legal question directed to the Supreme Court has hindered the court's ability to decide whether and to what extent an unpublished judgment of the Constitutional Tribunal can be applied.

The article discusses a significant procedural error that has stalled the Supreme Court's deliberation on the applicability of unpublished judgments from the Constitutional Tribunal in Poland. This issue arose from a legal query sent to the Supreme Court by the Appeal Court in Krakow, which pointed out the procedural shortcomings. If these issues are rectified, the Supreme Court is open to addressing the question, as highlighted by Judge Monika Koba, who emphasizes the profound implications of the matter at hand.

For several months, the Prime Minister has imposed a ban on the publication of Constitutional Tribunal rulings, leading to a complex legal landscape where citizens are uncertain about the enforceability of these rulings. The Constitutional Tribunal has stated multiple times that judgments are effective from the moment they are announced, irrespective of their publication status. This situation creates a paradox where the law exists but is not accessible, raising concerns about the rule of law and judicial independence.

The inability to resolve this legal conundrum not only impacts individual legal cases but also highlights broader questions about the state of the judiciary in Poland. Advocates for a restored independent Constitutional Tribunal argue that the wellbeing of both citizens and the state relies on clarity and accessibility of legal judgments, thereby reinforcing the necessity for prompt publication of such rulings to maintain public trust and legal certainty.

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