Trybunał Konstytucyjny (Constitutional Tribunal)

is an independent organ of the State responsible for controlling hierarchical conformity of the legal norms of lower rank to those considered superior, especially the Constitution.  The primary function of the Constitutional Tribunal is to eliminate the provisions of unconstitutional statues from the system of law. The Tribunal consists of 15 judges appointed by Sejm (The Lower Chamber of Polish Parliament) for a 9-year term of office, however the President and Vice-President of the Tribunal are appointed by the President of the Republic of Poland from candidates submitted by the General Assembly of the Judges of the Constitutional Tribunal. According to Polish Constitution all judges “in the exercise of their office, shall be independent and subject only to the Constitution” (article 195 par.1). In practice, Tribunal quite often annuls laws that are contrary to Constitution. It happens because the quality of laws passed by the Parliament is insufficient.

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