Opinia prawna w sprawie konstytucyjności poselskiego projektu ustawy – Przepisy wprowadzające ustawę o Trybunale Konstytucyjnym z dnia 6 marca 2024 r.

The conducted analysis proves that the legislative process restoring constitutionality control in Poland after lawless years must combine three dimensions that serve as a point of reference for the legislator and legislative choices: normative, pragmatic and symbolic. Interpreted together, these three dimensions play a fundamental role in assessing whether the adopted legislative solutions are compatible with the Polish Constitution. These three dimensions for assessing the constitutionality of the draft act must be read in the light of three fundamental “moments”. First, the starting point must be precisely defined; second, the route and its basic signposts must be calibrated; and finally, third, the purpose of the route and the desired effect must be defined. The repair of the Constitutional Tribunal and, more broadly, the restoration of the rule of law (both aspects are inextricably linked) are complex and situational in nature. The choice of specific legislative solutions must be determined by weighing the constitutional values in each situation and pragmatically considering the consequences for the entire legal order resulting from the continued maintenance of a state of affairs inconsistent with the constitutional document and its axiology. The argumentation presented aims to demonstrate that the element of weighing constitutional values and principles plays a key role in this process. In making legislative reforms, one must never lose sight of the fact that any solution (or model) adopted to restore the Constitutional Court to its rightful place and to rebuild an effective of the constitutionality of the law must be intended to realise the primary goal of restoring meaning to key elements of our civic vocabulary that have been stripped of meaning and manipulated in the service of ruthless politics.