The Commissioner for Human Rights is seeking a workaround for the non-publication of Constitutional Tribunal rulings which affects citizens' rights, proposing that lower courts should re-evaluate cases lost by citizens if the Tribunal's decisions are not published.
The article addresses a significant issue in Poland regarding the functionality of the Constitutional Tribunal and its impact on citizens' rights. The Commissioner for Human Rights is searching for ways to navigate the current crisis where the Tribunal's rulings are not being published, claiming that this situation hampers the enforcement of constitutional rights. The Commissioner’s proposition suggests that while the Tribunal may be seen as defective, courts should have the power to re-assess decisions against citizens whenever the Tribunal issues a ruling that is kept from public knowledge.
The case in question involves a mother who was denied social benefits for her disabled son due to an oversight in the law, which the Constitutional Tribunal had previously ruled as unconstitutional; however, the government has failed to publish this ruling, thus denying the mother the right to these benefits. This situation illustrates the broader legal crisis in Poland, where improperly constituted courts are influencing critical life decisions such as divorces, inheritance, and social security entitlements.
The article highlights the growing concern regarding the erosion of basic human rights as a result of the ongoing constitutional and judicial crisis in Poland. By emphasizing the ramifications of these legal challenges on everyday citizens, the piece calls attention to the urgent need for transparency and reliability within the judicial system to protect citizens' rights and uphold justice.
