Skarga konstytucyjna jako środek ochrony praw człowieka. Przyczynek do dyskusji

Abstract

At the turn of the 19th and 20th centuries, regulating rights and freedoms, and in particular the means of their ensuring, was the essence of constitutionalism. Recently, in Poland there is a rising wave of critique of the way constitutional complaint is regulated by law. In its current shape, as provided in the Article 79 of the Polish Constitution, it cannot fulfil its basic function, which is the protection of human rights. A reform that would widen the subjective scope of the protection that grants rights for lodging a complaint against law enforcement acts is required. Similarly unfavourable for the protection of human rights in the proceeding initiated by a complaint is the use of Article 190, section 3 of the Constitution and this is the reason why the “privilege of benefits” should be positively assessed. The essence of the complaint, as a means of human rights protection, is negated by the Supreme Court of the Republic of Poland, which ruled of the possibility of applying Article 190, section 4 of the Constitution in the case when the Polish Constitutional Tribunal passes a so-called interpretative judgement. In the current state of law and considering the position of the Supreme Court, a reform of the constitutional complaint seems the more necessary. Thus, it shall comply with the vision of the contemporary constitutionalism.