Znaczenie orzecznictwa niemieckiego Federalnego Sądu Konstytucyjnego dla praktyki orzeczniczej polskiego Trybunału Konstytucyjnego
- Institution: Uniwersytet Kardynała Stefana Wyszyńskiego
- ORCID: https://orcid.org/0000-0001-9277-6057
- Year of publication: 2022
- Source: Show
- Pages: 161-171
- DOI Address: https://doi.org/10.15804/ppk.2022.01.12
- PDF: ppk/65/ppk6512.pdf
Importance of the Case-Law of the German Federal Constitutional Court for the Case-Law of the Polish Constitutional Tribunal
The aim of this article was to find an answer to the question about the role played by the case-law of the Federal Constitutional Court of Germany in the case-law of the Constitutional Tribunal of Poland, and to the question about the sort of cases heard by the CT, in which references to the FCC case-law occurred most often. An attempt to answer the above-mentioned questions were asked after empirical research. The judgments of the CT, publicly available on the Online Judgment Portal on the website of the CT, served as empirical material. In the case-law of the CT, it was not clearly indicated whether, in the case of referring by the CT to the case-law of the FCC, the Tribunal did it for comparative purposes, whether it was related to the interpretation of legal norms by the CT or for another purpose.