The finality of judgments of the Constitutional Court in the regulations  before 1997 and concepts of finality of judgments of the  Constitutional Court during the work of the Constitutional Commission  of the National Assembly and in the drafts of Constitution

The aim of this publication is to discuss issues of finality of judgments of the Constitutional Court. Noticeable date in the history of this matter is year 1997, which is associated with the enactment of the Constitution. From beginning of the constitutional judiciary (since 1982) until the enactment of the Constitution of the Republic of Poland, a view of lack of need for any extra-parliamentary (and even more independent of parliament) forms of the constitutionality of legislation dominated the scene. And it was conditioned by the political system. This meant that the Constitutional Tribunal’s ruling of non-compliance with the provisions of the constitutional laws have been subjected to the control of the legislature. Work towards adoption of the new Constitution began as a result of a major political changes after 1989. Actual beginning of the work is dated on 7 December 1989, when Constitutional Commissions of each of the houses of the Parliament were appointed, and later on the Constitutional Commission of the National Assembly. It was during the work of the Constitutional Commission of the National Assembly when issue of finality of judgments was discussed. In this article I will discuss that discussion and introduce concepts of finality of judgments of the Constitutional Court in the drafts of Constitution, to finally present a model of finality of judgements adopted in the Constitution of 1997.

Formation of constitutional institution of the Prime Minister of Poland

The basis for National Assembly work and its Constitutional Commission over the Constitution of the Republic of Poland passed on 2 April, 1997, was 7 Constitution Projects. Legal regulations included in those projects concerning the Prime Minister were the foundation for the process of forming the final Constitution regulations placing the Prime Minister. The analysis of those regulations should not be conducted without taking into consideration the solution of projects concerning the government as well as the model of executive power. Remarks concerning the government and the executive power may become reduced to general conception because that issue has already been analyzed in detail.