EN
The paper aims to analyze what kind of solutions are available for the administrative court when the derogation of the legal rule contrary to the Constitution has been postponed by the Constitutional Tribunal. According to author’s view deadlock which may arise as a result of such postponement can be solved by the adopting of a concept of a free judi-cial decision and law of the administrative court. As a result the court will have two possible solutions: either to decide that legal provision in question despite Tribunal’s ruling is still binding or to pass this provi-sion over in the process of issuing a judgment. Statement according to which legal rule applied by the administrative court is contrary to the Constitution causes the rebuttal of a presumption of constitutionality of legal norms which cannot be ignored by the administrative court in the process of administration of justice. In a given case court decides on the consequences of the Tribunal’s ruling having regard to the circums-tances of the case and reasons for postponing of the ruling’s effect by the Tribunal.