Polish Judiciary and Constitutional Fidelity: beyond the institutional “Great Yes”?

We, the Polish Nation – all citizens of the Republic,

Both those who believe in God as the source of truth, justice, good and beauty,

As well as those not sharing such faith but respecting those universal values as arising from other sources

Equal in rights and obligations towards the common good – Poland […]

Obliged to bequeath to future generations all that is valuable from our over one thousand years‘ heritage […]

Hereby establish this Constitution of the Republic of Poland as the basic law for the State, based on respect for freedom and justice, cooperation between the public powers, social dialogue as well as on the principle of subsidiarity in the strengthening the powers of citizens and their communities

We call upon all those who will apply this Constitution for the good of the Third Republic to do so paying respect to the inherent dignity of the person, his or her right to freedom, the obligation of solidarity with others, and respect for these principles as the unshakeable foundation of the Republic of Poland.

Preamble to the Polish Constitution of 1997 (excerpts)

Institutional critical juncture and …

As the Polish government continues to refuse the publication of the judgments of the Constitutional Court (as of writing 10 judgments have not been published, most of these dealing with the fundamental rights of citizens), the issue of legal consequences of a judgment delivered, but unpublished, comes to the fore.

On 26th of April, 2016 the General Assembly of the Polish Supreme Court composed of 85 judges of the Supreme Court and acting to ensure the uniformity of the case law of ordinary and military courts, adopted the following resolution: “in accordance with the article 190 paragraph 2 of the Constitution, judgments of the Constitutional Court shall be immediately published ...

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