European Countries

  • The Parties Empowered to Lodge a Constitutional Complaint in Poland and in Selected European Countries – Legal–comparative Study

    Author: Bogumił Szmulik
    Institution: UKSW (Poland)
    Year of publication: 2005
    Source: Show
    Pages: 31-43
    DOI Address: http://dx.doi.org/10.15804/ppsy2005003
    PDF: ppsy/34/ppsy2005003.pdf

    The parties empowered to lodge a constitutional complaint under the Polish model are defined in Article 79(1) of the Polish Constitution, stating that: “Everyone whose constitutional freedoms or rights have been infringed, shall have the right to appeal to the Constitutional Tribunal (...). The above quoted article is considered to have the fundamental significance in the process of identification of the parties entitled to lodge a constitutional complaint, so in other words, provides a clear answer to the question who can effectively lodge such a complaint in order for the adequate proceedings to be officially opened (however – which is explainedin detail in this article – having fulfilled certain specifi ed objective conditions).

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