This paper is devoted to the problem of developing constitutional standards for the protection of individual freedoms and rights in the case-law of the Polish Constitutional Tribunal. It analyzes the problem of the minimum standard of protection of individual rights set in the Constitution of the Republic of Poland of 1997 and the possibility of its development in the form of an ordinary statute, as well as the problem of a collision between constitutional and EU standards. The author comes to the conclusion that after 2015 in the jurisprudence of the Constitutional Tribunal we observe a consistent lowering of constitutional standards of protection of individual rights and freedoms.

Developing Constitutional Standards for the Protection of Individual Rights in the Case-Law of the Constitutional Tribunal

This paper is devoted to the problem of developing constitutional standards for the protection of individual freedoms and rights in the case-law of the Polish Constitutional Tribunal. It analyzes the problem of the minimum standard of protection of individual rights set in the Constitution of the Republic of Poland of 1997 and the possibility of its development in the form of an ordinary statute, as well as the problem of a collision between constitutional and EU standards. The author comes to the conclusion that after 2015 in the jurisprudence of the Constitutional Tribunal we observe a consistent lowering of constitutional standards of protection of individual rights and freedoms.