poland

Report of the Team of Experts on the Issues Related to the Constitutional Tribunal

Report of the Team of Experts on the Issues Related to the Constitutional Tribunal of 15 July 2016

Acting on the basis of the individual appointments by the Marshal of the Sejm of the Republic of Poland of 31 March 2016, carried out on the basis of the decision of the Sejm Marshal no. 4 of 30 March 2016, issued pursuant to §5 paragraph 2 of the Resolution No. 28 of the Presidium of the Sejm of 19 April 1995 on the principles of organisation of scientific advice to the Sejm and its bodies, the appointment of parliamentary advisors and the use of expert opinions (as amended) – and within the framework defined by the accompanying agreements with the Chancellery of the Sejm of the Republic of Poland, the Team of Experts on the Issues Related to the Constitutional Tribunal, composed of:

- Prof. dr hab. Arkadiusz Adamczyk (Jan Kochanowski University in Kielce)

- Dr Wojciech Arndt

- Prof. dr hab. Bogusław Banaszak

- Prof. dr hab. Andrzej Bryk

- Prof. dr hab. Paweł Czubik (Cracow University of Economics)

- Prof. dr hab. Andrzej Dziadzio

- Prof. dr hab. Jolanta Jabłońska-Bonca

- Prof. dr hab. Anna Łabno

- Prof. dr hab. Jan Majchrowski (University of Warsaw) – Team Coordinator

- Prof. dr hab. Maciej Marszał (University of Wrocław)

- Justice emeritus of the Supreme Court Bogusław Nizieński

- Prof. dr hab. Bogdan Szlachta

- Prof. dr hab. Bogumił Szmulik (Cardinal Stefan Wyszyński University)

- Prof. dr hab. Jarosław Szymanek (University of Warsaw)

- with the participation of the Secretary of the Team, mgr. Rafał Czarski,

hereby notifies the Sejm Marshal of the Republic of Poland of the completion of its work.

In accordance with the aforementioned acts constituting the legal basis for the team’s activities, and in reference to the Declaration of the Sejm Marshal of the Republic of Poland of 22 March 2016 on the political and legal conflict which arose around the Constitutional Tribunal in which the Sejm Marshal, Mr Marek Kuchciński, announced the appointment of a team of experts to analyse in a comprehensive manner the issues related to the Constitutional Tribunal, using in its work the statements and opinions concerning the said issues made by various entities, the Team of Experts on the Issues Related to the Constitutional Tribunal hereby submits this report, emphasising at the same time that the primary opinion which was taken into account while formulating the theses and postulates of this report was the Opinion of the European Commission for Democracy through Law on the amendment of the Act of 25 June 2015 on the Constitutional Tribunal of the Republic of Poland adopted by the Venice Commission on the 106th plenary session in Venice, on 11-12 March 2016 (hereinafter referred to as the “'Opinion of the Venice Commission”).

Full text of the Report 

14.09.2016