EN
The article discusses the decision of the Polish Supreme Court, which refused to recognise the Constitutional Tribunal in Poland as a body constitutionally authorised to rule on the hierarchical incompatibility of norms. Consequently, the Supreme Court ruled that the judgement of the Tribunal does not have constitutional effect. The Supreme Court pointed out that the Tribunal’s panel was appointed in violation of the law and does not provide a guarantee of judicial independence. Firstly, the article discusses whether the Supreme Court’s reasoning supports such a firm conclusion. Secondly, it considers the problem of the legal basis for the Supreme Court’s action. Thirdly, the article attempts to outline the legal framework (nullity v. invalidity) of the Supreme Court’s decision with regard to the judgements of the Constitutional Tribunal.