Is it possible to limit the judicial way of pursuing  rights and freedoms of the individual? – remarks relating  to art. 77 paragraph 2 of the Polish Constitution

This article is an attempt to answer the question of how far-reaching restrictions may be imposed by a state on pursuing rights and freedoms of the individual in front of the court. At the beginning of the article broad definition of the constitutional right to fair trial and special dimension of this right is emphasized. Introductory remarks are the starting point for determining whether there is a possibility of functioning of quasi-judicial organs. With regard to the permitted limitations on the subjective scope of the right to fair trial the author referred to the controversial judgment of the Constitutional Tribunal of 15th November 2000, in which the Tribunal refused to confront the restriction with the general limitation clause of the all constitutional rights and freedoms foreseen by the Constitution. The objective scope of the right to fair trial was connected with the issue of mutual relations between two provisions of the Constitution art. 45 p. 1 and art. 77 p. 2 and its incoherent interpretation. The case-law of the Constitutional Tribunal precludes the possibility of closing the judicial way of pursuing a claim without any reservation only for constitutional freedoms.