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The Dispute between the Constitutional Tribunal and the Supreme Court over Interpretative Verdicts in the Republic of Poland Cover

The Dispute between the Constitutional Tribunal and the Supreme Court over Interpretative Verdicts in the Republic of Poland

Open Access
|Feb 2018

Abstract

The article is focused on a serious dispute between the Supreme Court and the Constitutional Tribunal over interpretative verdicts in the Republic of Poland. This kind of decisions are issued by the Tribunal. Interpretative verdicts contain explanation (interpretation) of a statutory provision, which constitutionality is controlled by the Tribunal. The main problem is, if this kind of decisions bind other courts. Judges of the Tribunal Court claim that courts, including the Supreme Court, are suppose to obey interpretative verdicts. The judges of Supreme Court maintain that this kind of decisions only indicates one of possible interpretation of a statutory provision and courts don’t have to follow it. In the article the author describes this type of verdicts, their history and explains the essence of the dispute.

DOI: https://doi.org/10.2478/iclr-2018-0009 | Journal eISSN: 2464-6601 | Journal ISSN: 12138770
Language: English
Page range: 211 - 222
Published on: Feb 9, 2018
Published by: Palacký University Olomouc
In partnership with: Paradigm Publishing Services
Publication frequency: 2 issues per year

© 2018 Marcin Dąbrowski, published by Palacký University Olomouc
This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.