Constitutionally Conforming Interpretation in Poland

We will present the Polish approach to constitutionally conforming interpretation in Poland before the beginning of the current constitutional crisis (ie before the Autumn of 2015) and how this approach has been changing since 2015. We will note that in Poland there is a complicated relationship between constitutionally conforming interpretation and the doctrine of direct effect (direct application) of the Constitution by ordinary courts (eg to disapply an unconstitutional statutory rule). Our method will not be limited to doctrinal and theoretical analysis, we will also present results of an empirical study on a large corpus of the case law of Polish courts.