Scientific Articles

Vol. 37 (2021)

What are the consequences of violating the impartiality and objectiveness rule by Constitutional Tribunal? A contribution to the discussion

Piotr Soroka

Pages: 199-210

PDF (Język Polski)

Abstract

Current rulings of the Polish Constitutional Tribunal rise questions concerning impartiality and objectiveness of some from among its judges. The rule of law requires the state to assure every citizen that all court proceedings will be conducted by impartial judges, therefore a violation of such a rule can result in various consequences. When it comes to the Constitutional Tribunal, the issue becomes more complicated, because its rulings are final and cannot be verified by any other court, tribunal, or any other authority. The author is trying to find an answer to the question whether there is any possibility to counteract situations in which rulings made by non-impartial judges will affect citizens’ situation in a negative manner.