Grzelak, Agnieszka Author aut Text xx# 2017 Verfassungsblog 2017-03-17 eng

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One of the latest topics in the debate on the future of constitutional control in Poland concerns the possibility and the need of common court judges to directly apply the Constitution. This possibility has already existed in theory – according to the Article 8 para 2 of the Constitution of Poland, the provisions of the Constitution shall apply directly, unless the Constitution provides otherwise. However, in practice, until now in case when the conformity of the normative act with the Constitution was questioned in particular case, the court has always referred the question of law the Constitutional Tribunal. The need to come back to the discussion on direct applicability of the Constitution stems from the questionable legality of some Constitutional Tribunal rulings in connection with the incorrect appointment of three so-called “quasi-judges” in December 2015. CC BY-NC-ND 4.0 Grzelak, Agnieszka Constitutional Review Polish Constitutional Tribunal Rule of Law 342 https://verfassungsblog.de/sententia-non-existens-the-future-of-jurisprudence-of-the-polish-constitutional-tribunal/ 2366-7044 Max Steinbeis Verfassungsblog gGmbH 10.17176/20170317-212917 170317 10.17176/20170317-212917 Converted from MARCXML to MODS version 3.7 using MARC21slim2MODS3-7.xsl (Revision 1.140 20200717)