Poland: Constitutional Tribunal Act

CHAPTER 1
Jurisdiction and Organisation of the Constitutional Tribunal

Article 1

1.The Constitutional Tribunal, hereinafter referred to as the "Tribunal" shall be an organ of court authority, appointed to examine the conformity of normative acts and international agreements to the Constitution and implement other objectives specified in the Constitution .

2.The seat of the Tribunal shall be in Warsaw.

Article 2

1.The Tribunal shall adjudicate in the following matters:

1)the conformity of statutes and international agreements to the Constitution;

2)the conformity of statutes to ratified international agreements whose ratification requires prior consent granted by statute;

3)the conformity of legal provisions enacted by central State organs to the Constitution, ratified international agreements and statutes;

4)complaints concerning constitutional infringements;

5)disputes between constitutionally recognized central State organs with respect to their powers;

6)the conformity to the Constitution of the purposes and/or activity of political parties.

2.The Tribunal shall, upon the application of the President of the Republic of Poland, decide upon the conformity to the Constitution of a statute prior to the signing thereof and of an international agreement prior to the ratification thereof.

3.The Tribunal shall, upon the application of the Marshal of the Sejm, adjudicate in any matter referring to an impediment to the exercise of his office by the President of the Republic of Poland, where the President is not able to notify the Marshal of the Sejm about his inability to exercise the office. If a temporary inability to perform the office by the President has been found, the Tribunal shall vest the performance of the duties of the President of the Republic of Poland in the Marshal of the Sejm.

Article 3

Any court may refer a question of law to the Tribunal as to the conformity of a normative act to the Constitution, ratified international agreements or a statute if the answer to this question of law determines the matter pending before the court.

Article 4

1.The Tribunal shall inform the Sejm and the Senate about substantial problems arising from the activities and judgments of the Tribunal. This information shall not be subject to voting.

2.The Tribunal shall submit to the competent law-making bodies observations concerning found inconsistencies and gaps in the law, removal of which would be indispensable to ensure the integrity of the legal system of the Republic of Poland.

Article 5

1.The Tribunal shall be composed of fifteen judges of the Tribunal.

2.The judge of the Tribunal shall be appointed by the Sejm for a period of nine years.

3.A judge of the Tribunal may be a person who possesses the necessary qualifications to hold the office of a judge of the Supreme Court or the Chief Administrative Court.

4.Candidates for the office of a judge of the Tribunal shall be nominated by at least 50 deputies or the Presidium of the Sejm. A resolution of the Sejm concerning the election of a judge of the Tribunal shall require a simple majority of votes in the presence of at least half of the total number of deputies.

5.A person elected to the office of a judge of the Tribunal shall take the following oath in the presence of the President of the Republic of Poland:

"I do solemnly swear that in discharging the duties which have been vested in me as a judge of the Constitutional Tribunal, I shall faithfully serve the Polish Nation, safeguard the Constitution and perform all such duties impartially and with the utmost diligence."

The oath may be taken by adding the following sentence: "So help me God".

6.The refusal to take the oath shall be equivalent to a resignation from the office of a judge of the Tribunal.

Article 6

1.Whilst exercising their office, the judges of the Tribunal shall be independent and subject only to the Constitution.

2.The basic remuneration of a judge of the Tribunal shall be equal to the basic remuneration of the Vice-Marshal of the Sejm.

3.The judge of the Tribunal shall, when his/her term of office has ended, have the right to return to his/her previous office or to be offered a post equivalent to that previously held.

4.With respect to matters not provided for in this Act and concerning the rights and duties and disciplinary liability of the judges of the Tribunal, the provisions relating to the rights and duties and disciplinary liability of judges of the Supreme Court shall apply accordingly.

Article 7

1.The consent to hold a judge criminally liable or to deprive him/her of liberty shall be given by the General Assembly of the Judges of the Tribunal, hereinafter referred to as the "General Assembly", with the exception of the judge being the subject of the application.

2.The President of the Tribunal shall forthwith inform the General Assembly about any detention of a judge of the Tribunal and about his/her position taken with respect to that matter.

3.Before the resolution concerning the issue referred to in paragraph 1 is adopted, the Tribunal shall hear explanations of the judge concerned unless this is not possible. The resolution shall be adopted by a majority of two-thirds of votes of judges of the Tribunal participating in the General Assembly.

4.Until the Tribunal resolves to allow the judge to be held criminally liable or deprived of liberty, only actions of the utmost urgency may be undertaken against that judge.

Article 8

A judge of the Tribunal may be subjected to disciplinary punishment for an infringement of provisions of the law, acts inconsistent with the dignity of his/her office or unethical conduct which might undermine confidence in his/her person.

Article 9

1.In disciplinary proceedings, the Tribunal shall pronounce judgment:

1)at first instance level - by a bench of five judges .

2)at second instance level - by a bench composed of all judges of the Tribunal.

2.The judges sitting in a bench and the person bringing disciplinary charges shall be determined by the General Assembly by lot.

3.There shall be no cassation in relation to disciplinary decisions.

Article 10

The following shall be disciplinary punishment:

1)warning,

2)reprimand,

3)removal from the office of the judge of the Tribunal.

Article 11

1.The mandate of a judge of the Tribunal shall be found by the General Assembly to have expired due to :

1)his/her resignation from the office of a judge of the Tribunal;

2)any opinion of a medical board certifying his/her permanent inability to perform the duties of a judge of the Tribunal because of his/her illness, disability or weakness;

3)conviction by a valid court judgment;

4)a legally valid disciplinary decision sentencing him/her to removal from the office of a judge of the Tribunal.

2.The expiry of the mandate of a judge of the Tribunal due to his/her death shall be pronounced by the President of the Tribunal.

3.The General Assembly shall adopt a resolution having performed adequate explanatory proceedings and, in particular, having read the records of criminal or disciplinary proceedings and hearing the person concerned, unless this is not possible. In the event of permanent inability of the judge of the Tribunal to perform the duties because of to his/her state of health, the Tribunal may request an opinion on the judge's state of health from a competent health care establishment.

4.The President of the Tribunal shall submit the act pronouncing the expiry of a mandate to the Marshal of the Sejm.

Article 12

1.The following shall be the bodies of the Tribunal: the General Assembly and the President of the Tribunal.

2.The General Assembly shall consist of the judges of the Tribunal.

Article 13

1.The President of the Tribunal shall, at least once a year, convene the General Assembly at which the activities of the Tribunal and problems resulting from its judicial decisions shall be subject to discussion.

2.The General Assembly may be attended by Chairpersons of relevant Sejm committees, Senate committees, the President of the Supreme Chamber of Control, the Minister of Justice - Public Prosecutor- General, the First President of the Supreme Court, the President of the Supreme Administrative Court, the Commissioner for Citizens'Rights, the Commissioner for the Rights of the Child.

3.The President of the Tribunal shall notify the President of the Republic of Poland, the Marshal of the Sejm, the Marshal of the Senate and the Prime Minister about the convening of the General Assembly, and the said persons may participate in the General Assembly or delegate representatives.

Article 14

1.The powers of the General Assembly shall include:

1)the adoption of the regulations of the Tribunal;

2)the election of candidates for the President and Vice President of the Tribunal;

3)the adoption of the by-laws of the Office of the Tribunal;

4)the adoption of the draft plan of income and expenses of the Tribunal;

5)the approval of information referred to in Article 4, paragraph 1;

6)the performance of other acts provided for the General Assembly in the Act or the regulations.

2.The General Assembly shall adopt resolutions if at least two-thirds of the total number of judges of the Tribunal, including the President and Vice President, take part therein.

3.The President of the Tribunal shall notify all judges of the Tribunal about the agenda and the date of the General Assembly at least seven days prior to the date of its being held.

4.In special cases the General Assembly may consider itself to be able to adopt resolutions despite the failure to keep the date specified in paragraph 3 above.

5.The President or Vice President of the Tribunal shall chair the General Assembly.

6.The resolutions of the General Assembly shall be adopted by a simple majority of votes, unless a statute provides otherwise. Voting shall be open, unless a judge of the Tribunal requests a secret vote.

7.The regulations of the Tribunal shall be subject to publication in the Official Gazette of the Republic of Poland "Monitor Polski".

Article 15

1.The President and the Vice President of the Tribunal shall be appointed by the President of the Republic of Poland from among the candidates nominated for each of the offices by the General Assembly.

2.The candidates for the office of the President or Vice President shall be elected by the General Assembly from amongst the judges of the Tribunal who, in secret voting, have received successively the highest number of votes. The election shall be held not later than three months prior to the expiry of the term of office of the President or Vice President currently in office. In case of vacancy in the office of the President or Vice President of the Tribunal candidates shall be elected within a period of one month.

3.The proceedings of the General Assembly, in the part referring to the election of candidates for the office of the President and Vice President of the Tribunal, shall be chaired by the judge of the Tribunal, eldest in age, participating in the General Assembly.

Article 16

1.The President of the Tribunal shall represent the Tribunal in external matters and perform activities specified in the Act and the regulations.

2.The Vice President of the Tribunal shall replace the President during his/her absence and perform other duties resulting from the division of duties determined by the President of the Tribunal.

3.In the event of any impediments to the performance of duties by the President or Vice President, a judge of the Tribunal designated by the President of the Tribunal shall replace them; where the designation of a judge by the President of the Tribunal is impossible, the judge, eldest in age, shall replace the President or the Vice President.

Article 17

1.The organisational and administrative conditions of the work of the Tribunal shall be secured by the President of the Tribunal and the Office of the Tribunal subordinate to him.

2.The detailed scope of objectives and structure of the Office shall be determined in its by-laws.

3.The relevant provisions referring to State civil servants shall apply to employees of the Office of the Tribunal.

Article 18

1.The draft plan of income and expenses of the Tribunal in the wording adopted by the General Assembly shall be included by the Minister of Finance in the draft budget of the State.

2.The President of the Tribunal shall have the powers of the Minister of Finance with respect to the implementation of the Tribunal's budget.

CHAPTER 2
Proceedings Before the Tribunal

General Provisions

Article 19

1.The Tribunal shall, in the course of proceedings, examine all relevant circumstances in order to comprehend the case in every respect.

2.The Tribunal shall not be bound by motions as to evidence submitted by participants in the proceedings and may, ex officio, admit evidence which it considers relevant to the examination of the case.

Article 20

In relation to cases not regulated in the Act concerning the proceedings before the Tribunal, the provisions of the Code of Civil Procedure shall apply.

Article 21

1.Courts and other organs of public authority shall be obliged to render assistance to the Tribunal and, at its request, present records of proceedings related to the proceedings before the Tribunal.

2.The Tribunal, having made use of the evidence from the records of proceedings, shall, without undue delay, return them to their appropriate organ.

Article 22

The Tribunal may request the Supreme Court and the Chief Administrative Court for information concerning the interpretation of a specified legal provision in court judicial decisions.

Article 23

1.Hearings of the Tribunal shall be public unless particular provisions provide otherwise. The Presiding Judge of the bench in a given case may dispense with its public nature for reasons of security of the State or protection of State secrets.

2.The judges of the Tribunal shall be authorised to have access to information constituting State secrets, connected with the case examined by the Tribunal.

3.A witness or an expert may be heard concerning circumstances protected by State secrecy having been released by a competent organ from the obligation to keep such secrets. A refusal to consent thereto may be justified by a vital interest of the State.

4.A witness or an expert shall not exercise the right to refuse to testify referred to in paragraph 3 above if the Tribunal considers such refusal groundless.

Article 24

1.The costs of proceedings before the Tribunal shall be borne by the State Treasury subject to paragraph 2.

2.The Tribunal shall, together with the judgment allowing a complaint concerning constitutional infringement, determine by way of order, for the benefit of the complainant, reimbursement of the costs of the proceedings before the Tribunal by the organ which issued the normative act being the subject of the complaint concerning constitutional infringement. In justified cases the Tribunal may order the reimbursement of the costs of the proceedings before the Tribunal even when it has not allowed the complaint concerning constitutional infringement.

3.The Tribunal may determine the amount of the costs of the complainant's representation by an advocate or legal counsel depending upon the nature of the case and contribution of the legally authorized representative to the clarification and settlement thereof .

Article 25

1.The Tribunal shall pronounce judgments:

1)sitting in full bench - in cases :

a)of disputes between constitutionally recognized central State organs with respect to their powers;

b)in confirmation of impediments to exercise the office of the President of the Republic of Poland and vesting the temporary performance of the duties of the President of the Republic of Poland in the Marshal of the Sejm;

c)on the conformity to the Constitution of the purposes and/or activity of political parties;

d)upon the application of the President of the Republic of Poland for the confirmation of conformity to the Constitution of a statute prior to its signing or an international agreement prior to its ratification;

e)of a particularly complicated nature - upon the initiative of the President of the Tribunal or where the application for consideration has been submitted by a bench adjudicating in a given case or in cases in which the particularly complicated aspect is related to financial outlays not provided for in the budgetary act, and, in particular, where the adjudicating bench intends to depart from the legal opinion expressed in the Tribunal's judicial decision given ealier in full bench;

2)sitting in a bench of five judges of the Tribunal - in cases:

a)of the conformity of statutes or ratified international agreements to the Constitution;

b)of the conformity of statutes to ratified international agreements whose ratification requires prior consent granted by statute;

3)sitting in a bench of three judges of the Tribunal - in cases:

a)of the conformity of other normative acts to the Constitution, ratified international agreements and statutes;

b)complaints in relation to the refusal to proceed with the application for the confirmation of the conformity of other normative acts to the Constitution, ratified international agreements and statutes as well as complaints cincerning constitutional infringements;

c)challenging of a judge.

2.The hearing of a case by a full bench shall require participation of at least nine judges of the Tribunal. The President or Vice President of the Tribunal shall preside over the hearing and should they be prevented from presiding - the judge, eldest in age, of the Tribunal.

3.The President of the Tribunal shall designate the judges to the bench of the Tribunal, including the presiding judge and the judge rapporteur.

Article 26

1.A judge of the Tribunal shall be subject to challenge with respect to adjudicating cases in which:

1)he/she enacted or participated in the enactment of a normative act, judgment, administrative decision or another settlement;

2)he/she was a representative, attorney, legal counsel of or advisor to one of the participants in the proceedings;

3)there are other reasons for challenging the judge as specified in Article 48 of the Code of Civil Procedure.

2.A judge of the Tribunal may be excluded from participating in the proceedings at his/her request or the request of a participant in the proceedings or ex officio if circumstances which are not specified in paragraph 1 and which may engender doubts as to his/her impartiality may reasonably be thought to exist.

3.The President of the Tribunal shall decide on any challenge to a judge for reasons specified in paragraph 1 and the Tribunal - for reasons specified in paragraph 2.

4.Until the issue of a challenge is resolved, the judge of the Tribunal may only perform acts of the utmost urgency.

Article 27

The participants in the proceedings before the Tribunal shall be:

1)a subject who submitted an application, question of law or complaint concerning constitutional infringement;

2)an organ which issued an act included in the application, question of law or complaint concerning constitutional infringement;

3)the statutory body of a party - in cases for the confirmation of conformity to the Constitution of the purposes or activities of political party;

4)any central constitutionally recognized State organ to which a dispute of powers refers;

5)the Public Prosecutor-General;

6)representatives of the Sejm, the President of the Republic of Poland and the Minister of Foreign Affairs - in cases for the confirmation of the conformity to the Constitution of international agreements ratified according to the procedure of Article 89, paragraph 1 of the Constitution,

7)representatives of the President of the Republic of Poland and the Minister of Foreign Affairs - in cases for the confirmation of the conformity to the Constitution of other ratified international agreements;

8)the Commissioner for Citizens'Rights where he/she has given notice of his/her participation in the proceedings in relation to complaints concerning constitutional infringements.

Article 28

The Marshal of the Sejm, the Marshal of the Senate, the First President of the Supreme Court and the Public Prosecutor-General shall take part in person at the hearing for admitting an interim inability to perform the office by the President of the Republic of Poland.

Article 29

1.A participant in the proceedings shall act before the Tribunal in person or through an authorized representative.

2.In the proceedings before the Tribunal, the Marshal of the Sejm, the Sejm or a group of deputies being the applicant shall act through a deputy being a representative designated by themselves.

3.The provision of paragraph 2 shall apply accordingly with respect to the Senate.

4.The applicants specified in paragraph 2 and 3 above may, apart from representatives, appoint authorized representatives, three at most, from amongst persons who are neither deputies nor senators.

5.The Public Prosecutor-General or his/her deputy shall participate in cases examined by the Tribunal sitting in full bench. A prosecutor of the National Public Prosecutor-General's Office shall participate in cases examined in other compositions of the bench.

Article 30

1.Procedural letters and documents shall be applications and statements of the participants in the proceedings, submitted to the Tribunal in the course of the proceedings outwith hearings.

2.Letters and enclosures submitted to the Tribunal shall be made in such number that will enable their delivery to all participants in the proceedings and allow two copies to be retained in the case records.

Article 31

1.Institution of proceedings before the Tribunal shall take place on the basis of an application, question of law or complaint concerning constitutional infringements by a subject entitled thereto.

2.An applicant may, by the time the hearing has commenced, withdraw the application, question of law or complaint.

Article 32

1.The application or question of law shall comply with requirements referring to procedural letters and shall, in addition, include:

1)identification of the organ which enacted the normative act in question;

2)a precise identification of the normative act, or a part therof, called in question;

3)formulation of the claim alleging the non-conformity of the normative act called in question to the Constitution, ratified international agreement or statutes;

4)reasons for the claim containing indication of supporting evidence.

2.The application submitted by the organ or organisation specified in Article 191 paragraph 1, subparagraphs 3-5 of the Constitution shall also include reference to the provision of law or by-laws, indicating that the statute or another normative act called in question concerns issues within their scope of activities.

3.The question of law shall also indicate the scope within which an answer to the question may influence settlement of the case in relation to which the question has been asked and, additionally, it shall indicate the organ before which the proceedings are pending as well as the designation of the case.

Article 33

The President of the Tribunal shall inform other participants in the proceedings that the application or question of law has been lodged, shall deliver copies of the application or question of law to them and instruct them about the right to submit explanations in writing.

Article 34

1.The participants in the proceedings shall be obliged to provide to the Tribunal any explanations concerning the case and to notify it about the evidence necessary to consider the case thoroughly.

2.The participants in the proceedings shall have the right to review the case records and to make and/or receive copies or excerpts thereof.

Article 35

The President of the Tribunal or the presiding judge of the bench may permit other persons to review the records where it is justified by a vital legal interest of that person or the public interest. This shall not refer to cases which are considered in camera.

Article 36

1.The President of the Tribunal shall direct the application specified in Article 32, paragraph 2 to a judge of the Tribunal, designated by him/her, for preliminary consideration at proceedings in camera.

2.Where the application fails to satisfy the formal requirements, the judge of the Tribunal shall order the defects therein to be repaired within a period of seven days from the date of notification thereof.

3.Where the application is evidently groundless or its defects have not been repaired within the specified period of time, the judge of the Tribunal shall refuse to proceed with further action.

4.The person submitting the application shall, with respect to the decision concerning refusal to proceed with further action, be entitled to lodge a complaint to the Tribunal within a period of seven days from the date of delivery of the said decision.

5.The Tribunal, sitting in camera, shall decide not to proceed with consideration of the complaint filed after the expiry of the period specified in paragraph 4.

6.The President of the Tribunal shall, having found that the complaint has been filed in due time, refer the same for consideration of the Tribunal at proceedings in camera and shall determine the date for consideration thereof.

7.The Tribunal shall, having admitted the complaint, refer the case for consideration at a hearing. The decision concerning non-admittance of the complaint shall not be subject to appellate proceedings.

Article 37

The President of the Tribunal shall refer applications and questions of law, with respect to which there are no formal objections, for consideration at a hearing by a competent bench and shall determine the date for the said hearing.

Article 38

The presiding judge of the bench shall make dispositions in order to prepare the hearing in a proper manner. The presiding judge may, in particular:

1)order delivery of proper letters filed in the course of proceedings to the participants in the proceedings;

2)summon the participants in the proceedings to submit their position in relation to the case in writing and within a fixed period of time;

3)order submissions by the participants in the proceedings of documents and other materials necessary for consideration of the case;

4)summon other organs or organisations to participate in the proceedings, participation of which shall be deemed by him/her expedient for due consideration of the case.

Article 39

1.The Tribunal shall, at a sitting in camera, discontinue the proceedings:

1)if the pronouncement of a judicial decision is useless or inadmissible;

2)in consequence of the withdrawal of the application, question of law or complaint concerning constitutional infringements;

3)if the normative act has ceased to have effect to the extent challenged prior to the delivery of a judicial decision by the Tribunal.

2.If the circumstances referred to in paragraph 1 above shall come to light at the hearing, the Tribunal shall make a decision to discontinue the proceedings.

Article 40

1.The internal manner of dealing with applications, complaints concerning constitutional infringements and questions of law shall be determined in the regulations of the Tribunal.

Proceedings for the Confirmation of Conformity of Ratified International Agreements and Normative Acts to the Constitution and Proceedings in Questions of Law

Article 41

1.The participation in the hearing of the organ or the representative of the organ which promulgated the normative act, the subject of the application, shall be obligatory.

2.In the hearing for the confirmation of conformity of the ratified international agreements to the Constitution, the participation of representatives of the President of the Republic of Poland, the Minister of Foreign Affairs and the Public Prosecutor-General and in the case of international agreements ratified in the procedure of Article 89, paragraph 1 of the Constitution also the representatives of the Sejm shall be obligatory.

Article 42

The Tribunal shall, while adjudicating on the conformity of the normative act or ratified international agreement to the Constitution, examine both the contents of the said act or agreement as well as the power and observance of the procedure required by provisions of the law to promulgate the act or to conclude and ratify the agreement

Article 43

Where the President of the Republic of Poland requests the Tribunal to pronounce judgment on the conformity to the Constitution of the budgetary act or the act on interim budget before its signing, the Tribunal shall pronounce the judgment not later than within a period of two months from the date of lodging the application to the Tribunal.

Article 44

1.In cases concerning confirmation of the conformity of the normative act to the Constitution in which the judgment of the Tribunal may give rise to consequences connected with financial outlays which have not been provided for in the acts specified in Article 43, the President of the Tribunal shall request the Council of Ministers to give an opinion within a period of two months.

2.Failure to issue the opinion by the Council of Minister after the expiry of the period specified in paragraph 1 above shall not prevent examination of the case.

Article 45

Articles 41 to 44 shall apply accordingly to consideration of a question of law.

Adjudication in the Cases with respect to Complaints Concerning Constitutional Infringements

Article 46

1.A complaint concerning constitutional infringements, hereinafter referred to as the "complaint" may, after the full course of proceedings has been undergone, be instituted within two months from the delivery to the person making the complaint of a legally valid judgment, final decision or another final ruling.

2.The Tribunal shall consider a complaint on the principles and in accordance with the procedure provided for the consideration of a application for the confirmation of conformity of statutes to the Constitution and of other normative acts to the Constitutions and statutes.

3.A court registration fee shall be collected in relation to the complaint.

4.The Council of Ministers shall determine, by a regulation, the amount and principles for the collection of the court registration fee.

Article 47

1.The complaint shall, apart from the requirements referring to the procedural letters, include the following:

1)a precise identification of the statute or another normative act on the basis of which a court or another organ of public administration has given ultimate decision in respect of freedoms or rights or obligations determined in the Constitution and which is challenged by the person making the complaint for the confirmation of non-conformity to the Constitution,

2)indication as to which constitutional freedoms and rights and in what manner have, according to the person making the complaint, been infringed,

3)grounds of the complaint including precise description of the facts of the case.

2.The judgment, order or another ruling, given on the basis of the challenged normative act, together with an indication of its delivery date shall be enclosed with the complaint.

Article 48

1.The complaint shall be drawn up by an advocate or legal counsel unless the person making the complaint is a judge, prosecutor, notary public, professor or doctor habilitated of legal science.

2.Where the person making the complaint cannot bear the costs of legal assistance, he/she may request the district court of his/her place of residence to appoint an advocate or legal counsel ex officio on the basis of the Code of Civil Procedure. Until such time as the court adjudicates the application, the time limit specified in Article 46, paragraph 1 shall not run.

Article 49

The complaint shall be subject to preliminary examination; Article 36 shall apply accordingly.

Article 50

1.The Tribunal may issue a preliminary decision to suspend or stop the enforcement of the judgment in the case to which the complaint refers if the enforcement of the said judgment, decision or another ruling might result in irreversible consequences linked with great detriment to the person making the complaint or where a vital public interest or another vital interest of the person making the complaint speaks in favour thereof.

2.The preliminary decision shall be forthwith delivered to the person making the complaint and to the appropriate court organ or enforcement organ.

3.The Tribunal shall reverse the preliminary decision if the reasons for which it was given are no longer in effect.

Article 51

1.The Tribunal shall inform the Commissioner for Citizens'Rights about the institution of proceedings. Provisions of Article 33 shall apply accordingly.

2.The Commissioner for Citizens' Rights may, within the period of 14 days from the receipt of information, give notice of his/her participation in the proceedings.

Article 52

1.The participants in the proceedings before the Tribunal shall be: the person making the complaint, the organ which promulgated the challenged normative act and the Public Prosecutor-General; the Commissioner of the Citizens'Rights shall also be the participant in the proceedings when he/she has given notice of his/her participation therein.

2.The hearing shall be held irrespective of the appearance or failure to appear of the participants in the proceedings.

Settling of Disputes concerning Powers

Article 53

1.The Tribunal shall arbitrate disputes concerning powers where two or more central constitutionally recognized State organs have considered themselves competent to decide in the same case or have made a ruling in it (positive powers dispute) or where the said organs have not considered themselves competent to decide in a particular case (negative powers dispute).

2.The application shall identify the challenged action or omission as well as the provision of the Constitution or a statutory provision which has been infringed.

Article 54

1.Institution of the proceedings before the Tribunal shall result in the suspension of the proceedings before the organs which are in dispute concerning powers.

2.The Tribunal, having established the position of the participants in the proceedings, may decide to rule on the disputed issues provisionally, and in particular, to suspend executory actions, if this is necessary to prevent an occurrence of serious damage or prescribed by a particularly vital social interest.

Examination of Conformity to Constitution of Purposes or Activities of Political Parties

Article 55

1.The Tribunal shall determine the persons appointed to represent a political party on the basis of the act and articles thereof.

2.Where it is impossible to determine who is the person authorised to represent the party or it is impossible to contact such a person or where there has been a change of the authorised person after the application has been filed with the Tribunal, the Tribunal shall consider the person in fact leading the party during the time of undertaking by the party of the activity challenged in the application as non-conformable to the Constitution.

Article 56

The Tribunal shall examine applications concerning the non-conformity to the Constitution of the purposesof political parties specified in their articles or programme on the basis and in the procedure provided for examination of applications concerning the conformity of normative acts to the Constitution.

Article 57

1.Applications concerning the conformity of activities of political parties to the Constitution shall be examined by the Tribunal by applying the provisions of the Code of Criminal Procedure accordingly.

2.The burden of proving the non-conformity to the Constitution shall rest with the applicant, who therefore shall present or give notice of evidence indicating such non-conformity.

Article 58

The Tribunal may, in order to collect and record evidence, charge the Public Prosecutor-General with conducting an investigation to a specified extent concerning conformity of the activities of the political party to the Constitution. The provisions of the Code of Criminal Procedure shall apply accordingly to the said investigation. The extent of proceedings determined in the Tribunal's decision shall be binding.

CHAPTER 3
Principles and Procedure of Adjudication and Enforcement of Judicial Decisions

Hearings and Sittings

Article 59

1.The Tribunal shall, at a hearing, examine applications in cases specified in Article 2.

2.The Tribunal may, at a sitting in camera, examine a complaint concerning constitutional infringements if, from the pleadings submitted by the participants in the proceedings in writing, it results without dispute that the normative act, on the basis of which a court or another organ of public administration has made a final decision in respect of freedoms or rights or obligations of the person making the complaint, is in non-conformity to the Constitution. The decision given in this procedure shall be subject to publication.

Article 60

1.The hearing shall not be held before the expiry of 14 days from the date of delivery of the notice about the date thereof, except the case specified in Article 2, paragraph 3 which shall be examined by the Tribunal without delay.

2.Presence of the applicant at the hearing shall be obligatory. If the applicant or his/her representative is in default, the Tribunal shall discontinue the proceedings or adjourn the hearing.

3.If the participants in the proceedings, whose presence at the hearing is obligatory, or their representatives are in default, the Tribunal may adjourn the hearing and at the same time fix a new date for the hearing. The condition specified in paragraph 1 above shall not apply.

4.Absence from the hearing of the Public Prosecutor-General, who has been properly notified thereof, or his/her representative shall not prevent examination of the case unless the obligation to participate in the hearing results from the provisions of the Act.

5.Default of other participants in the proceedings shall not prevent examination of the case; in such a case the judge rapporteur shall, at the hearing, present the opinion of the absent participant in the proceedings.

6.The Tribunal shall adjourn the hearing in the case of lack of proof of delivery or irregularities in delivery of the notice of hearing to the participants in the proceedings; it may also adjourn the hearing for other important reasons.

Article 61

The hearing shall commence with calling the case before the court, the applicant and afterwards the other participants in the proceedings presenting their opinions and evidence in support thereof. To this end, the presiding judge of the bench shall enable each of the participants in the proceedings to address the court.

Article 62

1.The presiding judge of the bench shall direct the hearing and give dispositions necessary to keep order thereat and shall, in the case of need, apply measures prescribed in the law on the organisation of ordinary courts, for maintaining the authority of the court.

2.The participants in the proceedings shall have the right to appeal to the bench against the orders of the presiding judge given in the course of the hearing.

Article 63

1.The recording clerk shall, directed by the presiding judge of the bench, draw up a record of the course of the hearing.

2.The record shall include:

1)the date and place of the hearing, names and surnames of the members of the bench, recording clerk and the participants in the proceedings, representatives and authorized representatives as well as designation of the case with a note whether the hearing is public or closed to the public;

2)the course of the hearing, and in particular applications and statements of the participants in the proceedings, results of the hearing of evidence, list of orders and judicial decisions made at the hearing and information whether or not they have been announced.

3.The participants in the proceedings may submit requests for corrections or supplementing the record - until the judgment is announced, and with respect to the record of the hearing at which the judgment has been announced - within 14 days from the date of the hearing.

4.The record shall be signed by the presiding judge of the bench and the recording clerk. A note referring to corrections of the record shall be signed by the presiding judge of the bench.

5.Requests referred to in paragraph 3 shall, after hearing the recording clerk, be decided by the presiding judge in the form of order. The ruling shall not be subject to appeal.

6.The hearing may, independently of drawing up the record, be recorded in shorthand record or by means of sound recording equipment. The shorthand record as translated to regular writing or the recording shall be attached to the said record.

Article 64

The presiding judge of the bench shall close the hearing where the Tribunal considers the case to be sufficiently considered.

Article 65

In cases, whose examination at the hearing is not required by the Act, the Tribunal shall announce the decision at a sitting.

Judicial Decisions of the Tribunal

Article 66

The Tribunal shall, while adjudicating, be bound by the limits of the application , question of law or complaint.

Article 67

1.The Tribunal shall announce judicial decisions following deliberation by the judges of the bench held in camera.

2.Deliberations shall include discussion and voting on the ruling and fundamental reasoning for the ruling as well as drawing up the judgment.

3.Deliberations shall be controlled by the presiding judge of the bench.

4.In a particularly complicated case or for other vital reasons, the announcement of a judicial decision may be postponed for a period not exceeding 14 days.

Article 68

1.The judicial decision shall be made by a majority of votes.

2.The presiding judge of the bench shall ask the judges for votes according to their age, beginning with the youngest, and shall vote himself/herself last.

3.A member of the bench, who does not agree with the voting majority, may, before the announcement of the judicial decision, express dissenting opinion, explained in writing; Dissenting opinion shall be indicated in the judicial decision. Dissenting opinion may also refer to the reasoning only.

4.The judgment shall be signed by the whole bench, including the outvoted judge.

Article 69

The judicial decision of the Tribunal may refer to the entire normative act or to individual provisions thereof.

Article 70

1.The Tribunal shall pass judgments in cases concerning:

1)the conformity of statutes and international agreements to the Constitution;

2)the conformity of statutes to ratified international agreements whose ratification required prior consent granted by a statute;

3)the conformity of legal provisions enacted by central State organs to the Constitution, ratified international agreements and statutes;

4)a complaint concerning constitutional infringements;

5)the conformity to the Constitution of the purposes and/or activity of political parties.

2.The Tribunal shall make orders in cases referring to:

1)the settlement of disputes between constitutionally recognized central State organs with respect to powers;

2)adjudication on the finding of impediments to the exercise of the office by the President of the Republic of Poland;

3)vesting in the Marshal of the Sejm of the temporary performance of the duties of the President of the Republic of Poland;

4)in other cases, in which passing of a judgment is not required.

Article 71

1.The judgment of the Tribunal shall include:

1)an indication of the bench and the recording clerk,

2)the date and place of passing thereof,

3)identification of the applicant and other participants in the proceedings,

4)a precise specification of the normative act which the judgment concerns,

5)presentation of the claims alleged by the applicant or the person making the complaint concerning constitutional infringements,

6)the Tribunal's ruling.

2.Where the Tribunal decides that the normative act ceases to have effect after the day of the publication of the judicial decision confirming its non-conformity to the Constitution, ratified international agreement or statutes, it shall, in the judicial decision, determine the date the act shall cease to have effect.

3.The Tribunal shall, not later than within one month from the publication of its judgment, draw up its reasoning in a written form; the reasoning shall be signed by the judges of the Tribunal taking part in the voting thereon.

4.If any of the judges specified in paragraph 3 cannot sign the reasoning, the presiding judge of the bench indicates the reasons for the lack of signature; if the reasoning cannot be signed by the presiding judge of the bench, the reason thereof shall be indicated in the judicial decision by the eldest, in age, of the voting judges of the Tribunal.

Article 72

Article 71, paragraph 1 and paragraph 3 and 4 shall apply accordingly to a judicial decision on the non-conformity of ratified international agreements to the Constitution, their reasoning and any dissenting opinion.

Article 73

1.A bench of the Tribunal may, at any time, sitting in camera, make an order to correct inaccuracies, clerical or calculational errors or any other evident mistakes in a judicial decision or its reasoning.

2.Corrections shall be indicated in a note, signed by the presiding judge of the bench on the original of the judicial decision, and at the request of the participants in the proceedings also on copies sent to them.

Article 74

1.On application by a participant in the proceedings, the bench of the Tribunal, which passed the judicial decision at a sitting in camera, shall, by an order, settle all doubts as to its contents.

2.If the application for explanation of doubts cannot be considered by the bench specified in paragraph 1, the application shall be considered by the bench sitting with the same number.

Article 75

1.Final orderds in proceedings shall be made at a sitting in camera. They shall require reasoning to be given.

2.Non-final orders in proceedings may be reversed or changed owing to a change in circumstances.

Article 76

Instructions shall be given in matters connected with the preparation for a hearing or sitting and in matters of order.

Article 77

1.Judgements and orders drawn up in a written form shall be announced to the participants in the proceedings. While the judgment or order is pronounced, all persons present in court shall, except the bench, stand.

2.The presiding judge of the bench or judge rapporteur shall, in oral reasoning of the judicial decision, state the essential reasons thereof and disclose any dissenting opinions. The judge who expressed a dissenting opinion shall present his/her reasons therefor.

Article 78

Judicial decisions of the Tribunal, announced in the manner specified in Article 77 shall, without delay, after drawing up of the reasoning, be delivered to the participants in the proceedings .

Article 79

1.Judgements of the Tribunal shall, subject to paragraph 2, be published in the Dziennik Ustaw of the Republic of Poland (Journal of Laws of the Republic of Poland).

2.Judgments of the Tribunal finding there to be non-conformity of a normative act to the Constitution, ratified international agreements or statutes shall be subject to publication without delay in the publication in which the said act was published, and if the judicial decision concerns an act which was not published in a publication - in the official gazette of the Republic of Poland - "Monitor Polski".

3.Publication of judgments in the publication shall be ordered by the President of the Tribunal.

Article 80

Decisions specified in Article 70, paragraph 2, subparagraph 1 to 3, shall be subject to publication in the Official Gazette of the Republic of Poland - "Monitor Polski".

Article 81

The Tribunal shall publish a collection of its judicial decisions.

CHAPTER 4
Amendments to Obligatory Provisions, Transitory and Final Provisions

Article 82

In the Act of 14 June 1960 - Code of Administrative Procedure (Dziennik Ustaw 1980 No. 9, item 26 and No.27, item 111, 1982 No. 7, item 55 and No. 45, item 289, 1983, No. 41, item 185, 1984 No. 34, item 183, 1986 No. 47, item 228, 1987, No.21, item 123 and No. 33, item 186, 1989 No. 20, item 107 and 1990 No. 34, item 201, 1991 No. 100, item 442 and No. 119, item 513, 1994 No. 122, item 593, 1995 No. 1, item 1, No. 74, item 368, 1996 No. 43, item 189 and No.106, item 496 and 1997 No. 75, item 471) the following amendments shall be introduced:

1)after Article 145, Article 145a shall be added reading as follows:

"Article 145a.

§1.Reopening of the proceedings may be also requested where the Constitutional Tribunal adjudicated that there is non-conformity of the normative act to the Constitution, international agreement or statutes on the basis of which the decision was made.

§2In the situation specified in §1, a complaint concerning a reopening shall be filed within a period of one month from the day the judicial decision of the Constitutional Tribunal comes into force".;

2)In Article 146, §1 after the words "in Article 145 §1, subparagraph 3 -8", the words "and in Article 145a" shall be added;

3)In Article 147, after the words "in Article 145 §1, subparagraph 4", the words "and in Article 145a" shall be added;

4)In Article 151, §1, subparagraph 1 and 2", the words "or Article 145a" shall be added".

Article 83

In the Act of 17 November 1964 - Code of Civil Procedure (Dziennik Ustaw No. 43, item 296, 1965 No. 15, item 113, 1974 No.27, item 157 and No. 39, item 231, 1975, No. 45, item 234, 1982 No. 11, item 82 and No. 30, item 210, 1983, No. 5, item 33, 1984, No.45, item 241 and 242, 1985, No. 20, item 86, 1987, No.21, item 123, 1988, No.41, item 324 and 1989, No. 4, item 21 and No.33, item 175, 1990, No.14, item 88, No. 34, item 198, No. 53, item 306, No. 55, item 318 and No. 79, item 464, 1991, No. 7, item 24, No. 22, item 92 and No.115, item 496, 1993, No.12, item 53, 1994, No.105, item 509, 1995, No. 83, item 417, 1996, No. 24, item 110, No. 43, item 189, No. 73, item 350 and No.149, item 703 and 1997, No. 43, item 270, No. 54, item 348 and No. 75, item 471), Article 4011 shall be added reading as follows:

"Article 4011 

§1.Reopening of the proceedings may be also requested where the Constitutional Tribunal adjudicated that there is non-conformity of the normative act to the Constitution, international agreement or statutes on the basis of which the judgment was made.

§2.In the situation specified in §1, a complaint concening a reopening shall be filed within a period of one month from the day the judicial decision of the Constitutional Tribunal comes into force".;

Article 84

In the Act of 19 April 1969 - Code of Criminal Procedure (Dziennik Ustaw No. 13, item 96, 1982 No. 16, item 124, and No. 41, item 273, 1983 No. 44, item 203, 1985, No.23, item 100, and No 31, item 138, 1987 No. 21, item 123, 1988, No. 20, item 135, 1989, No. 29, item 154 and No. 34, item 180, 1990, No. 34, item 198, No. 43, item 251 and No. 53, item 306, and No. 72, item 422, 1991, No. 83, item 371 and No. 100, item 442, 1992, No. 24, item 101, 1994, No. 74, item 332 and No.126, item 615, 1995, No. 89, item 443 and 444, No. 95, item 475, 1996, No. 152, item 720, and No.155, item 756 and 1997, No. 6, item 31, No. 71, item 449, No.75, item 471 and No. 79, item 485), the following amendments shall be introduced:

1)In Article 474, §1, subparagraph 2, the fullstop shall be replaced by a comma and subparagraph 3, reading as follows, shall be added:

"3)the legally valid sentence was given on the basis of a statute which was found by the Constitutional Tribunal to be in non-conformity to the Constitution.";

2)In Article 476:

a)in §1, the words "in Article 474 §2" shall be replaced by the words "in "in Article 474 §1, subparagraph 3 and §2",

3)§3 shall be added reading as follows:

"§3Reopening of the proceedings in connection with the judicial decision of the Constitutional Tribunal may take place for the benefit of the convicted person only; provisions of § 2 shall apply accordingly."

Article 85

In the Act of 20 May 1971 - Code of Procedure in Petty Offences (Dziennik Ustaw No. 12, item 116, 1972 No. 49, item 312, 1975 No.16, item 91 and No. 45, item 234, 1982, No.16, item 125, and No. 45, item 291, 1983 No. 6, item 35 and No. 44, item 203, 1985, No. 23, item 100, 1986 No.39, item 193, 1988, No. 20, item 135, 1989, No. 34, item 180, 1990 No. 20, item 121, No. 43, item 251 and No. 72, item 422, 1991, No. 32, item 131 and No. 94, item 419, 1992 No. 24, item 101, 1994 No. 27, item 96, 1995, No. 95, item 475 and 1997, No. 43, item 272), in Article 112 the fullstop shall be deleted and the words "or were given on the basis of the normative act, which was found by the Constitutional Tribunal to be in non-conformity to the Constitution, international agreement or the statute."

Article 86

In the Fiscal Penal Act of 26 October 1971 (DziennikUstaw 1984, No. 22, item 103, 1985, No. 23, item 100, 1990 No. 14, item 84 and No. 86, item 503, 1991, No.100, item 442, and No. 107, item 458, 1992, No. 21, item 85 and No. 68, item 341, 1994, No. 43, item 160, No. 126, item 615 and No. 136, item 703, 1995, No. 132, item 641, 1996, No. 132, item 621, No. 137, item 640 and No. 152, item 720 and 1997, No. 71, item 449 and No. 79, item 485), in Article 227, subparagraph 2, the fullstop shall be replaced by a comma and subparagraph 3 shall be added reading as follows:

"3)if a legally valid decision of the financial authority was given on the basis of a normative act, which was found by the Constitutional Tribunal to be in non-conformity to the Constitution, international agreement or the statute. The provision of Article 228, §1 shall not apply."

Article 87

In the Act of 28 July 1990 on Political Parties (Dziennik Ustaw No. 54, item 312) in Article 5:

1)in paragraph 1, the words "as a result of submission of the Voivodeship Court in Warsaw or upon the application of the Minister of Justice" shall be replaced by the words "upon the application of the Public Prosecutor-General";

2)in paragraph 2 the words "the Minister of Justice" shall be replaced by the words "the Public Prosecutor-General".

Article 88

1.The members of the Tribunal composing the same shall, on the day on which the Act comes into force, become the judges of the Tribunal within the meaning of the Act.

2.The term of office of the judges of the Tribunal appointed on the basis of Article 15, paragraph 2 and 4 and Article 16, paragraph 3, of the Act of 29 April 1985 on the Constitutional Tribunal shall last eight years from the day of appointment.

3.The Sejm shall elect the judges of the Tribunal in the number necessary to adjust the Tribunal to the requirements specified in Article 5.

Article 89

1.Within a period of two years from the day on which the Constitution of the Republic of Poland, enacted on 2 April 1997, comes into force, the judicial decisions of the Tribunal referring to non-conformity to the Constitution of the statutes enacted prior to its coming into force shall not be final and shall be subject to examination of the Sejm, which may reject the judicial decision of the Tribunal by a majority of two-thirds of the votes of at least a half of the statutory number of deputies. This provision shall not apply to judgments given following questions of law addressed to the Tribunal.

2.The Sejm shall examine the judicial decision, specified in paragraph 1, not later than within a period of six months from the day of submission thereof by the President of the Tribunal.

3.The Sejm shall, if it considers the judicial decision to be well founded, introduce appropriate amendments to the act being the subject of the judicial decision or repeal it, in whole or in part, within the time limit specified in paragraph 2.

4.A judicial decision of the Tribunal, referring to non-conformity of an act to the Constitution which has not been considered by the Sejm within a period of six months from the date of its submission to the Sejm by the President of the Tribunal or which has been subject to consideration but the Sejm has not introduced amendments to or repealed the provisions which are in non-conformity to the Constitution, shall be final and shall result in the repeal of the act or the provisions in question on the date of the publication in the Dziennik Ustaw of the Republic of Poland of the announcement of the President of the Tribunal concerning loss of their effect.

Article 90

The proceedings of the Tribunal in cases instituted prior to the day on which the Constitution takes effect shall be held on the basis of the provisions obligatory on the day of their institution.

Article 91

Whenever in the provisions of the Act there is reference to the "statute" it shall be understood as statutes or other legislative acts issued on the basis of the provisions obligatory prior to the day on which the Constitution of the Republic of Poland, enacted on 2 April 1997, takes effect.

Article 92

The Act of 29 April 1985 on the Constitutional Tribunal (Dziennik Ustaw 1991, No. 109, item 470, 1993, No. 47, item 213, 1994, No. 122, item 593, 1995, No. 13, item 59, 1996 No. 77, item 367 and 1997, No. 98, item 604) shall cease to have effect.

Article 93

This Act shall come into force on 17 October 1997, except the provisions of Article 5, paragraph 1 and Article 88 paragraph 2 and 3, which shall come into force after the expiry of 7 days from the date of promulgation.