The scope of a presidential pardon : gloss to the judgement of the Constitutional Tribunal of 17 July 2018, K 9/17

The article includes a critical commentary on the Constitutional Tribunal's judgement regarding a presidential pardon. In the ruling discussed, the Constitutional Tribunal stated that the scope of a presidential pardon, referred to in Art. 139 of the Constitution of the Republic of Poland, also includes individual abolition. Consequently, the Tribunal declared it to be admissible to apply a presidential pardon to a person accused of a crime, i.e. at the stage preceding the issuance of a final judgment. The gloss discusses two problems. First, the errors made by the Tribunal in interpreting the Constitution were pointed out. In the author's assessment, the Constitutional Tribunal violated the basic interpretive canons, which delegitimises the interpretation result obtained. Second, it is also pointed out that the constitutional boundaries of public authority have been exceeded by an unjustified extension of the scope of the President's powers. According to the author, individual abolition by the President violates the powers of the judiciary. The final part of the article points to the consequences of the discussed judgement for the protection of constitutional freedoms and rights of the individual.