NEWSLETTER

Kancelaria Adwokacka adw. dr Joanna Kaźmierczak​

Constitutional law

Constitutional law

The legal assistance provided in the field of constitutional law includes the development of a constitutional complaint and representation in the course of proceedings before the Constitutional Court, as well as advice and opinion as to the grounds for exercising the right to control the compliance of a legal norm with the Basic Law.

Pursuant to Article 79(1) of the Constitution, anyone whose constitutional freedoms or rights have been violated has the right, on the principles set out in the law, to submit a complaint to the Constitutional Tribunal regarding the compliance with the Constitution of a statute or another normative act on the basis of which a court or public administration body has made a final decision on his/her freedoms or rights or on his/her obligations set out in the Constitution.

In accordance with Article 53(1) of the Act of 30.11.2016 on the organisation and procedure before the Constitutional Court, the constitutional complaint shall contain:

1) identification of the challenged provision of the law or other normative act on the basis of which the court or public administration body made a final decision on the freedoms or rights or obligations of the applicant set out in the Constitution and in relation to which the applicant claims the establishment of inconsistency with the Constitution;

2) an indication of which constitutional freedom or right of the applicant and how, in the applicant’s opinion, it has been infringed;

3) justification of the allegation of incompatibility of the challenged provision of the law or other normative act with the indicated constitutional freedom or right of the complainant, citing arguments or evidence in support thereof;

4) presentation of the facts;

5) documenting the date of service of the judgment, decision or other determination referred to in Article 77(1);

6) whether an extraordinary appeal has been lodged against a judgment, decision or other ruling referred to in Article 77(1).

A constitutional complaint may be brought after exhausting the legal remedies within three months from the date of service on the applicant of a final judgment, final decision or other final determination.

A constitutional complaint should be prepared and brought by an advocate or legal adviser, unless the complainant is a judge, prosecutor, advocate, legal adviser, notary, professor or doctor habilitated in legal sciences (advocacy compulsion). In addition to the preparation and filing of the constitutional complaint, this compulsion additionally extends to the representation in the proceedings before the Constitutional Tribunal after the acceptance of the constitutional complaint for examination, as well as at the stage of drafting and filing a complaint against the decision on the refusal to assign further course to the constitutional complaint.

Legal assistance in the field of constitutional law also includes the preparation of legal opinions on issues regulated by the Basic Law. Legal opinions may concern both the issues of rights, freedoms and duties of a human being and a citizen, as well as the provisions regulating the system and principles of functioning of the state, its bodies, state and local government offices.