TY - JOUR
TI - A.D. 2015/2016. Anni horribili of the Constitutional Tribunal in Poland
AU - Zubik, Marek
TI - A.D. 2015/2016. Anni horribili of the Constitutional Tribunal in Poland
AB - 
	The article is a polemic with the main theses presented on the website of our host, the Constitutional Court of Moldova. These theses were officially presented, among others, by persons in power in Poland since November 2015, when political decisions were made regarding the Polish Constitutional Court. These actions actually led to undermining the authority of the Tribunal. This happened on the eve of the thirtieth anniversary of the establishment of this body in Poland. The article presents the legal circumstances that took place in 2015 and 2016. It presents the findings of the Constitutional Tribunal, which are most often different than the theses published on the website of the Moldovan Court. This is mainly about the Polish Tribunal clarifying the separation of competences of the Sejm and the President in the case of appointing judges of the Tribunal and the competence of the head of state to take the vow. Finally, the article presents the actions of state organs destroying the Constitutional position of the Tribunal. The text indicates the practice of not announcing the Tribunal’s judgments and adopting subsequent acts regarding the functioning of the Tribunal. Attention was also paid to the process of degrading the social authority of the Tribunal, in campaigns conducted in public media.
VL - 2018
IS - Numer 2 (2018)
PY - 2018
SN - 2544-2031
C1 - 2956-3623
SP - 46
EP - 57
UR - https://ejournals.eu/czasopismo/przeglad-konstytucyjny/artykul/a-d-2015-2016-anni-horribili-of-the-constitutional-tribunal-in-poland
KW - Constitutional Tribunal
KW - independence of judiciary
KW - appointment of judges
KW - constitutional crisis
KW - publication of the judgments
KW - rules of law