Chapter 1

of the Constitutional Tribunal

1. The Constitutional Tribunal, hereinafter referred to as the "Tribunal" shall be an organ of court authority, appointed to examine the conformity of normative acts and international agreements to the Constitution and implement other objectives specified in the Constitution.

2. The seat of the Tribunal shall be in Warsaw.

1. The Tribunal shall adjudicate in the following matters:

2. The Tribunal shall, upon the application of the President of the Republic of Poland, decide upon the conformity to the Constitution of a statute prior to the signing thereof and of an international agreement prior to the ratification thereof.

3. The Tribunal shall, upon the application of the Marshal of the Sejm, adjudicate in any matter referring to an impediment to the exercise of his office by the President of the Republic of Poland, where the President is not able to notify the Marshal of the Sejm about his inability to exercise the office. If a temporary inability to perform the office by the President has been found, the Tribunal shall vest the performance of the duties of the President of the Republic of Poland in the Marshal of the Sejm.

Any court may refer a question of law to the Tribunal as to the conformity of a normative act to the Constitution, ratified international agreements or a statute if the answer to this question of law determines the matter pending before the court.

1. The Tribunal shall inform the Sejm and the Senate about substantial problems arising from the activities and judgments of the Tribunal. This information shall not be subject to voting.

2. The Tribunal shall submit to the competent law-making bodies observations concerning found inconsistencies and gaps in the law, removal of which would be indispensable to ensure the integrity of the legal system of the Republic of Poland.

1. The Tribunal shall be composed of fifteen judges of the Tribunal.

2. The judge of the Tribunal shall be appointed by the Sejm for a period of nine years.

3. A judge of the Tribunal may be a person who possesses the necessary qualifications to hold the office of a judge of the Supreme Court or the Supreme Administrative Court.

4. Candidates for the office of a judge of the Tribunal shall be nominated by at least 50 deputies or the Presidium of the Sejm. A resolution of the Sejm concerning the election of a judge of the Tribunal shall require a simple majority of votes in the presence of at least half of the total number of deputies.

5. A person elected to the office of a judge of the Tribunal shall take the following oath in the presence of the President of the Republic of Poland:

"I do solemnly swear that in discharging the duties which have been vested in me as a judge of the Constitutional Tribunal, I shall faithfully serve the Polish Nation, safeguard the Constitution and perform all such duties impartially and with the utmost diligence."

The oath may be taken by adding the following sentence: "So help me God".

6. The refusal to take the oath shall be equivalent to a resignation from the office of a judge of the Tribunal.

1. Whilst exercising their office, the judges of the Tribunal shall be independent and subject only to the Constitution.

2. The basic remuneration of a judge of the Tribunal shall be equal to the basic remuneration of the Vice-Marshal of the Sejm.

3. The judge of the Tribunal shall, when his term of office has ended, have the right to return to his previous office or to be offered a post equivalent to that previously held.

4. With respect to matters not provided for in this Act and concerning the rights and duties and disciplinary liability of the judges of the Tribunal, the provisions relating to the rights and duties and disciplinary liability of judges of the Supreme Court shall apply accordingly.

1. The consent to hold a judge criminally liable or to deprive him of liberty shall be given by the General Assembly of the Judges of the Tribunal, hereinafter referred to as the "General Assembly", with the exception of the judge being the subject of the application.

2. The President of the Tribunal shall forthwith inform the General Assembly about any detention of a judge of the Tribunal and about his position taken with respect to that matter.

3. Before the resolution concerning the issue referred to in paragraph 1 is adopted, the Tribunal shall hear explanations of the judge concerned unless this is not possible. The resolution shall be adopted by a majority of two-thirds of votes of judges of the Tribunal participating in the General Assembly.

4. Until the Tribunal resolves to allow the judge to be held criminally liable or deprived of liberty, only actions of the utmost urgency may be undertaken against that judge.

A judge of the Tribunal may be subjected to disciplinary punishment for an infringement of provisions of the law, acts inconsistent with the dignity of his office or unethical conduct which might undermine confidence in his person.

1. In disciplinary proceedings, the Tribunal shall pronounce judgment:

2. The judges sitting in a bench and the person bringing disciplinary charges shall be determined by the General Assembly by lot.

3. There shall be no cassation in relation to disciplinary decisions.

The following shall be disciplinary punishment:

1) warning,

2) reprimand,

3) removal from the office of the judge of the Tribunal.

1. The mandate of a judge of the Tribunal shall be found by the General Assembly to have expired due to :

2. The expiry of the mandate of a judge of the Tribunal due to his death shall be pronounced by the President of the Tribunal.

3. The General Assembly shall adopt a resolution having performed adequate explanatory proceedings and, in particular, having read the records of criminal or disciplinary proceedings and hearing the person concerned, unless this is not possible. In the event of permanent inability of the judge of the Tribunal to perform the duties because of to his state of health, the Tribunal may request an opinion on the judge's state of health from a competent health care establishment.

4. The President of the Tribunal shall submit the act pronouncing the expiry of a mandate to the Marshal of the Sejm.

1. The following shall be the bodies of the Tribunal: the General Assembly and the President of the Tribunal.

2. The General Assembly shall consist of the judges of the Tribunal.

1. The President of the Tribunal shall, at least once a year, convene the General Assembly at which the activities of the Tribunal and problems resulting from its judicial decisions shall be subject to discussion.

2. The General Assembly may be attended by Chairpersons of relevant Sejm committees, Senate committees, the President of the Supreme Chamber of Control, the Minister of Justice - Public Prosecutor- General, the First President of the Supreme Court, the President of the Supreme Administrative Court, the Commissioner for Citizens'Rights, the Commissioner for the Rights of the Child.

3. The President of the Tribunal shall notify the President of the Republic of Poland, the Marshal of the Sejm, the Marshal of the Senate and the Prime Minister about the convening of the General Assembly, and the said persons may participate in the General Assembly or delegate representatives.

1. The powers of the General Assembly shall include:

2.The General Assembly shall adopt resolutions if at least two-thirds of the total number of judges of the Tribunal, including the President and Vice President, take part therein.

3. The President of the Tribunal shall notify all judges of the Tribunal about the agenda and the date of the General Assembly at least seven days prior to the date of its being held.

4. In special cases the General Assembly may consider itself to be able to adopt resolutions despite the failure to keep the date specified in paragraph 3 above.

5. The President or Vice President of the Tribunal shall chair the General Assembly.

6. The resolutions of the General Assembly shall be adopted by a simple majority of votes, unless a statute provides otherwise. Voting shall be open, unless a judge of the Tribunal requests a secret vote.

7. The regulations of the Tribunal shall be subject to publication in the Official Gazette of the Republic of Poland "Monitor Polski".

1. The President and the Vice President of the Tribunal shall be appointed by the President of the Republic of Poland from among the candidates nominated for each of the offices by the General Assembly.

2. The candidates for the office of the President or Vice President shall be elected by the General Assembly from amongst the judges of the Tribunal who, in secret voting, have received successively the highest number of votes. The election shall be held not later than three months prior to the expiry of the term of office of the President or Vice President currently in office. In case of vacancy in the office of the President or Vice President of the Tribunal candidates shall be elected within a period of one month.

3. The proceedings of the General Assembly, in the part referring to the election of candidates for the office of the President and Vice President of the Tribunal, shall be chaired by the judge of the Tribunal, eldest in age, participating in the General Assembly.

1. The President of the Tribunal shall represent the Tribunal in external matters and perform activities specified in the Act and the regulations.

2. The Vice President of the Tribunal shall replace the President during his absence and perform other duties resulting from the division of duties determined by the President of the Tribunal.

3. In the event of any impediments to the performance of duties by the President or Vice President, a judge of the Tribunal designated by the President of the Tribunal shall replace them; where the designation of a judge by the President of the Tribunal is impossible, the judge, eldest in age, shall replace the President or the Vice President.

1. The organisational and administrative conditions of the work of the Tribunal shall be secured by the President of the Tribunal and the Office of the Tribunal subordinate to him.

2. The detailed scope of objectives and structure of the Office shall be determined in its by-laws.

3. The relevant provisions referring to State civil servants shall apply to employees of the Office of the Tribunal.

1. The draft plan of income and expenses of the Tribunal in the wording adopted by the General Assembly shall be included by the Minister of Finance in the draft budget of the State.

2. The President of the Tribunal shall have the powers of the Minister of Finance with respect to the implementation of the Tribunal's budget.