Stosowanie Konstytucji RP przez sądy na przykładzie art. 25 ust. 1b Ustawy o emeryturach i rentach

Abstrakt

The aim of the article is to draw attention to the problem of applying the Constitution by courts and to the dialogue between courts in regard to the understanding and application of constitutional norms. A canvas for such aim is the entry into force of art. 25 p. 1b of the Act of 17 December 1998 on old-age and disability pensions from the Social Insurance Fund, which caused a number of constitutional doubts. This example shows that courts do not always speak with the same voice on constitutional matters, and the results of the proconstitutional interpretation may lead to various decisions not only issued by common courts, but also by the highest judicial instances in Poland.