The Constitutional Complaint

Pursuant to Article 79 of the Constitution everyone whose constitutional freedoms or rights had been infringed has the right to lodge a constitutional complaint on the conformity to the Constitution of a statute or another normative act upon which basis a court or an organ of public administration has made a final decision on his freedoms or rights defined in the Constitution. It means that the constitutional complaint may only concern a normative act (act, regulation or decision, etc.). The Constitutional Tribunal will refuse to examine the complaint lodged only against a given judgement of the court or administrative organ. The complainant may question only a legal regulation which was the basis of a given judgement.

Remember, the constitutional complaint may be lodged only if all the available domestic remedies had been exhausted (e.g. if a decision is final in this instance). The complaint should be submitted to the Constitutional Tribunal within three months from delivering to the complainant the legally valid decision, the final decision or other final judgement.

The complaint may be drawn up only by an advocate or a legal advisor.

The constitutional complaint is free of charge.

More information on the constitutional complaint on
www.trybunal.gov.pl/index2.htm

Office of the Constitutional Tribunal [Biuro Trybunału Konstytucyjnego]
12a Al. Szucha
00-918 Warsaw

Department of the Initial Review of Applications and Constitutional Complaint [Zespół Wstępnej Kontroli Skarg Konstytucyjnych i Wniosków]
(The Department deals with, among other things, the initial qualification of individual cases submitted to the Constitutional Tribunal, the records of cases concerning the constitutional complaint and information on the constitutional complaint procedure.)

Director Piotr Tuleja
phone (022) 657-45-12, (022) 657-45-78
e-mail: tuleja@trybunal.gov.pl, skarga@trybunal.gov.pl

Deputy director Beata Szepietowska
phone (022) 657-45-88, 022 657-45-78
e-mail: szepietowska@trybunal.gov.pl, skarga@trybunal.gov.pl