Konstytucyjna zasada ochrony konsumenta (art. 76 Konstytucji RP) w orzecznictwie Sądu Najwyższego
- Institution: Uniwersytet Szczeciński
- ORCID: https://orcid.org/0000-0003-3072-5267
- Year of publication: 2023
- Source: Show
- Pages: 63-74
- DOI Address: https://doi.org/10.15804/ppk.2023.03.05
- PDF: ppk/73/ppk7305.pdf
The Constitutional Principle of Consumer Protection (Article 76 of the Polish Constitution) in the Judgments of the Supreme Court
One of the constitutional principles is the principle of consumer protection expressed in Article 76 of the Constitution. The paper adopts a research hypothesis according to which this principle plays an important role in the process of application of the law by the Supreme Court and justification of its judgments. The hypothesis was verified through the analysis of several dozen judgments issued during the period of the Constitution. This analysis made it possible to confirm the hypothesis. The Supreme Court invokes the title principle in many of its judgments for persuasive purposes (to strengthen the argumentation contained in the justification) and also uses it as an interpretative guideline. The role of the title principle has increased after the entry into force of the provisions on the extraordinary complaint, as recourse to it creates the possibility to set aside final judgments whose issuance has led to the violation of consumer rights.