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  1. 1 Kozioł K.

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  1. 1 2013

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Procedura wydawania i uchylania postanowień tymczasowych przez Trybunał Konstytucyjny

100%
Kozioł K.
Przegląd Sejmowy
|
2013
|
issue 2(115)
53 – 66
EN
Preliminary decision is a security measure intended to protect rights and freedoms. It may be issued only in the event that the enforcement of the judgment, decision or another ruling in the case to which the complaint refers might result in negative and irreversible consequences linked with great detriment to the person making the complaint or where a vital public interest or another vital interest of the person making the complaint speaks in favour thereof, and also in the event that the judgment, decision or another ruling in the case to which the complaint refers has not been fully enforced. After satisfying all the conditions justifying the initiation of the procedure which may result in the repeal of unconstitutional law, it is possible – in particular circumstances - to suspend or stop the enforcement of the judgment. However, when the reasons for which the preliminary decision was given have ceased to have effect, such decision should be reversed by the Constitutional Tribunal.
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