Sąd Najwyższy

  • Skarga konstytucyjna w państwach Ameryki Łacińskiej – wybrane zagadnienia

    Author: Patryk Gutierrez
    E-mail: patrykgutierrez@yahoo.es
    Institution: Uniwersytet Wrocławski
    Year of publication: 2018
    Source: Show
    Pages: 113-125
    DOI Address: https://doi.org/10.15804/ppk.2018.01.06
    PDF: ppk/41/ppk4106.pdf

    This paper explores some issues, concerning constitutional complaint in the Latin American countries. It starts from the term of constitutional complaint, based both on the Polish and Latin American literature. Such a comparative overview allows then for better understanding the discussed question. Further, there is illustrated different terminology, which is applied in the Latin America. Specifically, there are discussed such issues as the binding legal acts, substantive and procedural premises and the final decisive authorities, which are taking their decisions. This paper also investigates an issue, concerning the function of constitutional complaint in Mexico.

  • Spór o wyroki interpretacyjne Trybunału Konstytucyjnego – głos w dyskusji

    Author: Marcin Dąbrowski
    E-mail: m_dabrowski@wp.eu
    Institution: Uniwersytet Warmińsko-Mazurski w Olsztynie
    Year of publication: 2017
    Source: Show
    Pages: 29-54
    DOI Address: https://doi.org/10.15804/ppk.2017.02.02
    PDF: ppk/36/ppk3602.pdf

    The article consists of few parts. At the beginning, the author discusses a definition of interpretative verdicts and a history of the dispute between The Supreme Court and the Constitutional Tribunal over this kind of judgments. The author doesn’t present arguments that are described in literature but climes that the dispute concernes three problems: legality of interpretative verdicts, their binding force and interpretative verdicts as a base for reopening proceedings. In the second part, two arguments against delivering interpretative verdicts are formed. The author claims that the Constitutional Tribunal should limit a number of such judgments because there is no legal ground for interpretative verdicts in the Constitution and because they abridge independence of judges of the Supreme Court and other courts. In the last part of the article, the author describes a genetic cause of the litigation between the Tribunal and courts. It is claimed that the dispute has been generated by dissentions between methods of interpretation of legal acts used by the Tribunal and the Supreme Court. The Tribunal takes advantage of the method of derivation and the Supreme Court usually uses the method of clarification. These methods are in contrary to each other and because of this they are the base of the dispute.

  • Zasada „lex retro non agit”. Czy prawo nie działa wstecz?

    Author: Justyna Kornaszewska
    E-mail: justyna.kornaszewska@gmail.com
    Institution: Uniwersytet Warszawski
    Year of publication: 2018
    Source: Show
    Pages: 171-183
    DOI Address: https://doi.org/10.15804/ppk.2018.02.09
    PDF: ppk/42/ppk4209.pdf

    The principle of non-retroactivity is recognized as one of the foundations of the civilized system of the modern state. The essence of the principle of non-retroactivity can be reduced to the assertion that the law should, in principle, act “for the future”, therefore it should not be legal norms that would apply to events that occurred and ended before their entry into force. In other words, the legal consequences of events taking place under the old norms should be assessed according to these norms, even if new regulations are already in force at the moment of making such an assessment. The retroactive act of the regulations is when the lawmaker orders certain relevant legal facts, existing before the day of entry into force of the new provisions, assessed in the light of these new provisions, introducing a fiction that these provisions were already in force on the date of the assessed facts. If the regulation contained in the regulation obviously acts “for the future” and at the same time has legal effects only 3 months after the entry into force of the act, it does not violate the principle of non-retroactivity. This doesn’t mean that without violating the principle of non-retroactivity, the legislator may freely interfere in existing legal relations and modify them freely. The boundary here is, above all, observance of the principle of protection of acquired rights and principles of protection of trust in the state and the law. It is unacceptable to create norms retrospectively, if the entities to whom these standards relate could not rationally anticipate such decisions, and extraordinary circumstances or goods subject to constitutional protection, such decisions do not justify. You can withdraw from it, but only exceptionally and for justified reasons, giving the norms the ability to influence the existing situations, if there were valid reasons, and the interested entities had grounds to expect the adoption of such standards.

  • Znaczenie doktryny stare decisis dla sądowej kontroli konstytucyjności prawa USA – między stabilnością orzecznictwa a instrumentalizmem

    Author: Diana Pustuła
    E-mail: diana.pustula@doctoral.uj.edu.pl
    Institution: Uniwersytet Jagielloński
    ORCID: https://orcid.org/0000-0001-6627-4520
    Year of publication: 2019
    Source: Show
    Pages: 79-91
    DOI Address: https://doi.org/10.15804/ppk.2019.03.04
    PDF: ppk/49/ppk4904.pdf

    All American courts have a right to examine the conformity of legal acts with the Constitution as the basis for issuing a decision, creating a diffused system of judicial review. Court precedents and the stare decisis doctrine become the stabilizing factor of jurisprudence. However, it is not easy to make an unequivocal assessment of the role of the stare decisis doctrine for judicial review due to a number of factors that affect its significance. They include the formal lack of absolute nature of the court decisions, or the fact that the Federal US Supreme Court is not bound by its own rulings. The latter fact seems particularly important in the assessment of the subject matter in the context of considerable judicial activism and the way the judges are nominated and approved for, in principle, lifetime positions. In this publication, all the above-mentioned factors have been analyzed in order to assess the significance of the stare decisis doctrine for judicial review in the US as accurately as possible.

  • Immunitet sędziowski w sprawach karnych na tle procesu delegitymizacji Izby Dyscyplinarnej Sądu Najwyższego

    Author: Michał Mistygacz
    E-mail: m.mistygacz@uw.edu.pl
    Institution: Uniwersytet Warszawski
    ORCID: https://orcid.org/0000-0001-7083-7840
    Year of publication: 2020
    Source: Show
    Pages: 137-160
    DOI Address: https://doi.org/10.15804/ppk.2020.04.07
    PDF: ppk/56/ppk5607.pdf

    Immunity of a Judge in Criminal Matters in the Context of the Process of the Delegitimization of the Disciplinary Chamber of the Supreme Court

    The subject of the article is to show the issues related to the institution of judicial immunity and its importance in bringing judges to criminal liability on the basis of current constitutional and procedural provisions. The author made these considerations a starting point for an in-depth analysis of the issue of delegitimization of the judiciary on the basis of recent processes in Poland concerning the National Council of the Judiciary and the newly established Disciplinary Chamber of the Supreme Court. The whole is issue situated on the level of EU law, national regulations and rich jurisprudence of the judicial authorities.

  • Problem podstaw i trybu odrzucenia sprawozdania finansowego komitetu wyborczego

    Author: Maria Gołda-Sobczak
    E-mail: mgolsob@amu.edu.pl
    Institution: Uniwersytet im. Adama Mickiewicza w Poznaniu
    ORCID: https://orcid.org/0000-0002-3854-7007
    Year of publication: 2021
    Source: Show
    Pages: 111-124
    DOI Address: https://doi.org/10.15804/ppk.2021.02.07
    PDF: ppk/60/ppk6007.pdf

    The problem of the grounds and procedure for rejecting the financial statements of the election committee

    Financial statement is an important element in checking the compliant financing of an election campaign. According to the Election Code, the financial representative of the election committee should submit to the election body to which the election committee previously submitted a notification of its establishment, a financial report on the com- mittee’s revenues, expenses and liabilities, including bank loans obtained and loans con- ditions. In this situation, the financial statement may be submitted to the National Elec- toral Commission as well as to other election bodies. However, if the report was rejected by the election commissioner, the financial representative may appeal against such de- cision to the District Court. Judicial practice shows that it was disputed whether a com- plaint could be brought in a situation where the report was accepted, but at the same time the identified shortcomings were identified. The content of the obligatory statuto- ry grounds for rejecting the report was also questioned.

  • Rzecznik Praw Obywatelskich a organy władzy sądowniczej

    Author: Halina Zięba-Załucka
    E-mail: hzalucka@onet.eu
    Institution: Uniwersytet Rzeszowski
    ORCID: https://orcid.org/0000-0003-1646-3141
    Year of publication: 2021
    Source: Show
    Pages: 127-146
    DOI Address: https://doi.org/10.15804/ppk.2021.03.08
    PDF: ppk/61/ppk6108.pdf

    The Ombudsman and the Organs of Judicial Power

    The author shows that, in order to protect rights and freedoms, the Ombudsman, with the help of various instruments and depending on the infringements found, undertakes actions with organs of the judiciary, on which obligations concerning the protection of human rights and other subjects have been imposed. This article reviews the forms of the Ombudsman’s relations with the Supreme Court, the Supreme Administrative Court, the Constitutional Tribunal, and common courts. Their aim is to raise the level of respect for human and civil rights. In this context the thesis of the article is as follows: in view of structural, legal and organisational defects of the state, the Ombudsman notes that new threats to human and civil rights appear, freedoms or rights granted to them are often taken away in a manner inconsistent with constitutional standards, and public authorities exceed the sphere of their powers in an expcessive manner. Allegations made in complaints against public authorities are often verified by the Ombudsman in the course of inquiries with his participation. The Ombudsman keeps his distance from these bodies, which enables him to influence them in the field of human rights protection, and above all to influence the individuals subordinate to them.

  • Weryfikacja ważności wyborów ogólnokrajowych w Polsce

    Author: Ryszard Balicki
    E-mail: ryszard.balicki@uwr.edu.pl
    Institution: Uniwersytet Wrocławski
    ORCID: https://orcid.org/0000-0002-9192-908X
    Year of publication: 2021
    Source: Show
    Pages: 249-258
    DOI Address: https://doi.org/10.15804/ppk.2021.04.14
    PDF: ppk/62/ppk6214.pdf

    Verification of the validity of nationwide elections in Poland

    The article discusses the procedure for verifying the validity of nationwide elections in Poland. The author draws attention to the important role attributed to elections as an essential element of the democratic system and the need to preserve the will expressed by the sovereign in voting. Verification of elections in Poland is carried out by the Supreme Court, in a two-stage procedure involving issuing an opinion on the election protests lodged and then passing a resolution on the validity of the elections. The author draws attention to the narrow and formalistic interpretation of legal norms in the course of issuing a resolution on the validity of elections.

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