Ordinary courts may directly apply the Constitution and refuse to apply inconsistent lower laws.
Legislator summary
AI generatedThe Supreme Court ruled that ordinary courts can directly apply the Constitution and refuse to enforce inconsistent lower statutes. The lower court had awarded judges back pay based on constitutional standards, while the Constitutional Court had previously declared the relevant salary laws constitutional. The Supreme Court held that since the Constitution is the supreme law, judges are not obligated to refer every potential inconsistency to the Constitutional Court before applying it.
Legislator headnote
AI generatedArt. 190 ust. 1 Konstytucji; Art. 8 ust. 1 Konstytucji; Art. 178 ust. 1 Konstytucji; Art. 193 Konstytucji: Ordinary courts may directly apply the Constitution and refuse to apply lower laws that contradict it, without being bound by prior positive rulings of the Constitutional Court declaring such laws constitutional.