Chapter 4

In the Act of 14 June 1960 - Code of Administrative Procedure (Dziennik Ustaw 1980 No. 9, item 26 and No.27, item 111, 1982 No. 7, item 55 and No. 45, item 289, 1983, No. 41, item 185, 1984 No. 34, item 183, 1986 No. 47, item 228, 1987, No.21, item 123 and No. 33, item 186, 1989 No. 20, item 107 and 1990 No. 34, item 201, 1991 No. 100, item 442 and No. 119, item 513, 1994 No. 122, item 593, 1995 No. 1, item 1, No. 74, item 368, 1996 No. 43, item 189 and No.106, item 496 and 1997 No. 75, item 471) the following amendments shall be introduced:

1) after Article 145, Article 145a shall be added reading as follows:

2) In Article 146, §1 after the words "in Article 145 §1, subparagraph 3 -8", the words "and in Article 145a" shall be added;

3) In Article 147, after the words "in Article 145 §1, subparagraph 4", the words "and in Article 145a" shall be added;

4) In Article 151, §1, subparagraph 1 and 2", the words "or Article 145a" shall be added".

In the Act of 19 April 1969 - Code of Criminal Procedure (Dziennik Ustaw No. 13, item 96, 1982 No. 16, item 124, and No. 41, item 273, 1983 No. 44, item 203, 1985, No.23, item 100, and No 31, item 138, 1987 No. 21, item 123, 1988, No. 20, item 135, 1989, No. 29, item 154 and No. 34, item 180, 1990, No. 34, item 198, No. 43, item 251 and No. 53, item 306, and No. 72, item 422, 1991, No. 83, item 371 and No. 100, item 442, 1992, No. 24, item 101, 1994, No. 74, item 332 and No.126, item 615, 1995, No. 89, item 443 and 444, No. 95, item 475, 1996, No. 152, item 720, and No.155, item 756 and 1997, No. 6, item 31, No. 71, item 449, No.75, item 471 and No. 79, item 485), the following amendments shall be introduced:

1) In Article 474, §1, subparagraph 2, the fullstop shall be replaced by a comma and subparagraph 3, reading as follows, shall be added:

2) In Article 476:

3) § 3 shall be added reading as follows:

In the Act of 20 May 1971 - Code of Procedure in Petty Offences (Dziennik Ustaw No. 12, item 116, 1972 No. 49, item 312, 1975 No.16, item 91 and No. 45, item 234, 1982, No.16, item 125, and No. 45, item 291, 1983 No. 6, item 35 and No. 44, item 203, 1985, No. 23, item 100, 1986 No.39, item 193, 1988, No. 20, item 135, 1989, No. 34, item 180, 1990 No. 20, item 121, No. 43, item 251 and No. 72, item 422, 1991, No. 32, item 131 and No. 94, item 419, 1992 No. 24, item 101, 1994 No. 27, item 96, 1995, No. 95, item 475 and 1997, No. 43, item 272), in Article 112 the fullstop shall be deleted and the words "or were given on the basis of the normative act, which was found by the Constitutional Tribunal to be in non-conformity to the Constitution, international agreement or the statute."

In the Fiscal Penal Act of 26 October 1971 (DziennikUstaw 1984, No. 22, item 103, 1985, No. 23, item 100, 1990 No. 14, item 84 and No. 86, item 503, 1991, No.100, item 442, and No. 107, item 458, 1992, No. 21, item 85 and No. 68, item 341, 1994, No. 43, item 160, No. 126, item 615 and No. 136, item 703, 1995, No. 132, item 641, 1996, No. 132, item 621, No. 137, item 640 and No. 152, item 720 and 1997, No. 71, item 449 and No. 79, item 485), in Article 227, subparagraph 2, the fullstop shall be replaced by a comma and subparagraph 3 shall be added reading as follows:

In the Act of 28 July 1990 on Political Parties (Dziennik Ustaw No. 54, item 312) in Article 5:

1. The members of the Tribunal composing the same shall, on the day on which the Act comes into force, become the judges of the Tribunal within the meaning of the Act.

2. The term of office of the judges of the Tribunal appointed on the basis of Article 15, paragraph 2 and 4 and Article 16, paragraph 3, of the Act of 29 April 1985 on the Constitutional Tribunal shall last eight years from the day of appointment.

3. The Sejm shall elect the judges of the Tribunal in the number necessary to adjust the Tribunal to the requirements specified in Article 5.

1. Within a period of two years from the day on which the Constitution of the Republic of Poland, enacted on 2 April 1997, comes into force, the judicial decisions of the Tribunal referring to non-conformity to the Constitution of the statutes enacted prior to its coming into force shall not be final and shall be subject to examination of the Sejm, which may reject the judicial decision of the Tribunal by a majority of two-thirds of the votes of at least a half of the statutory number of deputies. This provision shall not apply to judgments given following questions of law addressed to the Tribunal.

2. The Sejm shall examine the judicial decision, specified in paragraph 1, not later than within a period of six months from the day of submission thereof by the President of the Tribunal.

3. The Sejm shall, if it considers the judicial decision to be well founded, introduce appropriate amendments to the act being the subject of the judicial decision or repeal it, in whole or in part, within the time limit specified in paragraph 2.

4. A judicial decision of the Tribunal, referring to non-conformity of an act to the Constitution which has not been considered by the Sejm within a period of six months from the date of its submission to the Sejm by the President of the Tribunal or which has been subject to consideration but the Sejm has not introduced amendments to or repealed the provisions which are in non-conformity to the Constitution, shall be final and shall result in the repeal of the act or the provisions in question on the date of the publication in the Dziennik Ustaw of the Republic of Poland of the announcement of the President of the Tribunal concerning loss of their effect.

The proceedings of the Tribunal in cases instituted prior to the day on which the Constitution takes effect shall be held on the basis of the provisions obligatory on the day of their institution.

Whenever in the provisions of the Act there is reference to the "statute" it shall be understood as statutes or other legislative acts issued on the basis of the provisions obligatory prior to the day on which the Constitution of the Republic of Poland, enacted on 2 April 1997, takes effect.

The Act of 29 April 1985 on the Constitutional Tribunal (Dziennik Ustaw 1991, No. 109, item 470, 1993, No. 47, item 213, 1994, No. 122, item 593, 1995, No. 13, item 59, 1996 No. 77, item 367 and 1997, No. 98, item 604) shall cease to have effect.

This Act shall come into force on 17 October 1997, except the provisions of Article 5, paragraph 1 and Article 88 paragraph 2 and 3, which shall come into force after the expiry of 7 days from the date of promulgation.