<abstract xmlns="http://www.w3.org/1999/xhtml"><p>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.</p></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.

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

University of Warmia and Mazury in Olsztyn

International and Comparative Law Review

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

The article is focused on a serious dispute between the Supreme Court and the Constitutional Tribunal over interpretative verdicts in the Republic of Poland....

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

Published Online: Feb 09, 2018

Page range: 211 - 222

DOI: https://doi.org/10.2478/iclr-2018-0009

Keywords
Constitutional Tribunal, Supreme Court, dispute, interpretative verdict, judgements, The Constitution of the Republic of Poland, interpretation, officially binding interpretation

© 2018 Marcin Dąbrowski, published by De Gruyter Open

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

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

Published Online: Feb 09, 2018

Page range: 211 - 222

DOI: https://doi.org/10.2478/iclr-2018-0009

KeywordsConstitutional Tribunal, Supreme Court, dispute, interpretative verdict, judgements, The Constitution of the Republic of Poland, interpretation, officially binding interpretation

© 2018 Marcin Dąbrowski, published by De Gruyter Open

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

Keywords
Constitutional Tribunal, Supreme Court, dispute, interpretative verdict, judgements, The Constitution of the Republic of Poland, interpretation, officially binding interpretation