Constitutional Tribunal (Poland)

Quick Facts: Who was Constitutional Tribunal (Poland)?

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Constitutional Tribunal (Poland)

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Poland's supreme judicial body ensuring adherence to the Constitution.

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Origins & Early Life

The Constitutional Tribunal (Polish: Trybunał Konstytucyjny [trɘˈbu.naw kɔn.stɘ.tuˈt͡sɘj.nɘ]) is the constitutional court of the Republic of Poland, a judicial body established to resolve disputes on the constitutionality of the activities of state institutions; its main task is to supervise the compliance of statutory law with the Constitution of the Republic of Poland. Its creation was a request of the Solidarity movement following its 1981 National Congress that took place a few weeks before the introduction of martial law. The Tribunal was established on 26 March 1982 and judges took office on 1 January 1986. The tribunal's powers increased in 1989 with the transition to the democratic Third Polish Republic and in 1997 with the establishment of a new Constitution. The Constitution mandates that its 15 members are elected by the Sejm, the lower house, for 9 years.

Career & Major Achievements

It is the subject of an appointment crisis since 2015. It should not be confused with the Supreme Court of Poland. The Constitutional Tribunal adjudicates on the compliance with the Constitution of legislation and international agreements (also their ratification), on disputes over the powers of central constitutional bodies, and on compliance with the Constitution of the aims and activities of political parties. It also rules on constitutional complaints. The Constitutional Tribunal is made up of 15 judges chosen by the Sejm RP (the lower house of parliament) for single nine-year terms.

Enduring Legacy & Impact

The Constitutional Tribunal constitutes one of the formal guarantees of a state grounded on the rule of law. The Constitutional Tribunal was established by the amendment of the Constitution of the People's Republic of Poland on 26 March 1982. Due to the brevity of the introduced article 33a, it was decided that a law must be brought forth that would outline the proceedings of the Constitutional Tribunal. This became an intricate process with 15 drafts developed, and the final act was ratified by the Sejm on 29 April 1985 which allowed for the formal commencement of the Tribunal's judicial proceedings on 1 January 1986. But the courts competence and judicial capacity were limited at this time, as all rulings on the constitutionality of bills could be dismissed by a 2/3 majority vote in the Sejm.

Chronological Milestones & Life Events

1. 1981: 1981 Milestone — Its creation was a request of the Solidarity movement following its 1981 National Congress that took place a few weeks before the introduction of martial law.
2. 1982: 1982 Milestone — The Tribunal was established on 26 March 1982 and judges took office on 1 January 1986.
3. 1985: 1985 Milestone — This became an intricate process with 15 drafts developed, and the final act was ratified by the Sejm on 29 April 1985 which allowed for the formal commencement of the Tribunal's judicial proceedings on 1 January 1986.
4. 1989: 1989 Milestone — The tribunal's powers increased in 1989 with the transition to the democratic Third Polish Republic and in 1997 with the establishment of a new Constitution.
5. 2015: 2015 Milestone — It is the subject of an appointment crisis since 2015.

Notable Quotes by Constitutional Tribunal (Poland)

“We, the undersigned retired judges of the Constitutional Tribunal, regret to state that the actions of the legislature and the executive since 2015... have led to a dramatic decline in the significance and the prestige of this constitutional body.” (2020)

Historical Fact-Check Quiz: Constitutional Tribunal (Poland)

True or False: “The Constitutional Tribunal was established immediately after Poland transitioned to full democracy in 1989.”

Answer (FALSE ❌): While its powers expanded significantly after 1989, the Tribunal itself was initially established by an amendment to the Constitution of the People's Republic of Poland on March 26, 1982.

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Frequently Asked Questions about Constitutional Tribunal (Poland)