PRELIMINARY EXAMINATION OF CONSTITUTIONAL COMPLAINTS IN THE COURSE OF PROCEEDINGS BEFORE THE CONSTITUTIONAL TRIBUNAL (Wstepne rozpoznanie skarg konstytucyjnych w postepowaniu przed Trybunalem Konstytucyjnym)
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This article deals with preliminary examination of constitutional complaints by the Constitutional Tribunal. This procedure is governed by the Constitutional Tribunal Act and the Rules of Procedure of the Constitutional Tribunal. Additionally, pursuant to Article 20 of the Act, the provisions of the Code of Civil Procedure apply, as appropriate, in relation to cases not regulated in the Act concerning the proceedings before the Tribunal. Preliminary examination is the first and obligatory stage of the proceedings in the Constitutional Tribunal in relation to constitutional complaints. It formally begins at the moment of its submission and ends with either the issuance of an order to refer the complaint for consideration or a decision concerning the refusal to proceed with further action, or a decision concerning non-admittance of the complaint against the refusal - if such complaint has been submitted. The stage of preliminary examination of the complaint differs considerably from the successive stages of possible further consideration of the complaint. The difference results, above all, from the fact that preliminary examination has another goal, which is the selection of constitutional complaints aimed at eliminating of those submissions, marked by the applicant as complaints, which cannot be the subject of proceedings in the Tribunal because they do not meet the constitutional and/or statutory requirements (either substantive or formal. At the stage of preliminary examination the Tribunal assesses whether the requirements for consideration of the complaint are satisfied. The popularization of constitutional complaints in Poland is reflected in an increased number of complaints concerning constitutional infringements submitted to the Tribunal. Consequently, the importance of the stage of preliminary examination of complaints grows respectively, as it exerts considerable influence on the scope and way of the exercise of protection of fundamental rights and freedoms guaranteed by the Constitution... The stage of preliminary examination does not constitute part of jurisprudence of the Tribunal; however, it plays an important role in the proceedings concerning constitutional complaints.
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