The Constitutional Tribunal in international relations WP-SPM-1-MON-TKSM
I. Normative Systems Governing International Relations.
II. The Constitution of the Republic of Poland and International Relations:
The Polish State's Obligation to Obey International Law.
The Principle of Constitutional Primacy.
III. International Law and Polish Law.
Sources of International Law in the catalog of Constitutional Sources of Law.
The Act on International Agreements.
IV. The Constitutional Tribunal
The Role of the Constitutional Tribunal in the Legal System. The Constitutional Tribunal's Review of International Agreements.
The Constitutional Tribunal's Case Law Concerning Agreements from 1997 to 2025.
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Term 2024/25_L:
The classes will provide knowledge on the Constitutional Tribunal's activity in relation to acts of international law and EU law. Poland's legal situation resulting from international obligations is complicated. Obligations affect the rights and obligations of citizens. The Constitutional Tribunal controls these obligations from the perspective of their constitutionality. This causes various complications. The classes will present the mechanism of the Constitutional Tribunal's dialogue with international tribunals and the effects of the Constitutional Tribunal's judgments, as well as cooperation in this area with other state bodies |
Term 2025/26_L:
The classes will provide knowledge on the Constitutional Tribunal's activity in relation to acts of international law and EU law. Poland's legal situation resulting from international obligations is complicated. Obligations affect the rights and obligations of citizens. The Constitutional Tribunal controls these obligations from the perspective of their constitutionality. This causes various complications. The classes will present the mechanism of the Constitutional Tribunal's dialogue with international tribunals and the effects of the Constitutional Tribunal's judgments, as well as cooperation in this area with other state bodies |
(in Polish) Dyscyplina naukowa, do której odnoszą się efekty uczenia się
(in Polish) E-Learning
(in Polish) Grupa przedmiotów ogólnouczenianych
(in Polish) Opis nakładu pracy studenta w ECTS
Term 2025/26_L: 3 pkt ECTS
80 hours student's workload
20 hours of lecture
20 hours of class preparation
20 hours of literature reading
20 hours of source research | Term 2024/25_L: 4 pkt ECTS
100 hours student's workload
20 hours of lecture
20 hours of class preparation
40 hours of literature reading
20 hours of source research |
Subject level
Learning outcome code/codes
Type of subject
Preliminary Requirements
Course coordinators
Learning outcomes
SM1_W04,
the student knows the complex relations of national law and international law
SM1_W05,
the student knows the basic theories of the meaning of the law of international relations
SM1_W06,
the student knows the fundamental dilemmas regarding the transfer of competences to an international organization or organ by the state
SM1_U06,
the student is able to solve unusual problems concerning the legal aspects of the use of force by the state abroad
SM1_U07,
the student is able to formulate and solve problems concerning the guarantee of criminal liability of perpetrators of international crimes located in Poland
SM1_U08,
the student is able to communicate using specialized terminology in the field of international relations law
SM1_U09,
the student is able to plan and organize work on issues related to the protection of national minorities in Poland
SM1_U10
the student is able to independently plan and implement his own learning issues in the field of Polish law of international relations
SM1_K05,
the student is ready to cultivate patterns of proper conduct in the field of international relations law
SM1_K06
the student is ready to critically evaluate his / hers in the field of international relations law and the content received in this area
SM1_K07
the student is ready to fulfill social obligations in the field of international relations law
SM1_K08
the student is ready to perform responsible professional roles in diplomacy and state administration in the area of competence in the area of international relations law
participation in lecture 30 h
preparation 20 h
Total 50 h
Assessment criteria
A grade of "sufficient" (3) Attendance at classes and active participation in discussions. A written assignment based on the lecture.
A grade of "good" (4) Attendance at classes and active participation in discussions. A written assignment based on a search of sources and literature.
A grade of "very good" (5) Attendance at classes and active participation in discussions. A written assignment based on a search of sources, literature, and case law.
Bibliography
M. Muszyński, Supremacy and Primacy: Hierarchical Relationships Between the Polish and EU Legal Systems and Their Guardians, Central European Journal of Comparative Law 2023, t. 4, z. 2, s. 177-199. https://doi.org/10.47078/2023.2.177-199
ISSN 2732-1460
M. Muszyński, Tożsamość konstytucyjna jako granica lojalności państwa wobec UE, Prokuratura i Prawo 2023, nr 1, s. 5-40. ISSN 1233-2577
M. Muszyński, Działanie TSUE ultra vires a Trybunał Konstytucyjny RP, Prokuratura i Prawo 2022, nr 9, s. 5-36. ISSN 1233-2577
Mariusz Muszyński: Dialog Trybunału Konstytucyjnego RP i Trybunału Sprawiedliwości UE. Prokuratura i Prawo 2022, nr 7-8, s. 5-43. ISSN 1233-2577
Mariusz Muszyński, „Granice kompetencyjne Trybunału Konstytucyjnego wobec prawa Unii Europejskiej” (w:) A. Tarwacka (red.) „Tempora mutantur cum legibus. Księga jubileuszowa z okazji 20-lecia Uniwersytetu Kardynała Stefana Wyszyńskiego”, Wolters Kluwer, Warszawa 2019, s. 112-141.
Mariusz Muszyński, „Pytanie prejudycjalne jako instrument wykładni prawa UE: istota, granice i możliwości kontroli.” Prokuratura i Prawo 2020 nr 7-8, s. 84-112.
Notes
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Term 2025/26_L:
"Students are required to notify their students of any special needs and of their Individual Organization of Studies (IOS) at the beginning of the semester to determine how participation in classes and course completion will be tailored to the student's individual needs. IOS does not exempt them from attending classes!!!! Those who have received IOS or who suddenly experience special needs should report this to their instructors immediately." |
Additional information
Additional information (registration calendar, class conductors, localization and schedules of classes), might be available in the USOSweb system: