ARGUMENTS IN FAVOUR OF APPLYING THE CONSTITUTION OF THE REPUBLIC OF POLAND IN EXTRADITION CASES

Amending the Constitution of the Republic of Poland in 2006, the lawmaker introduced a new extradition obstacle into Article 55 para. 4 in the form of a violation of freedoms and rights of man and citizen. At the same time, extensive provisions related to this negative prerequisite had not been derogated from the legislation. In consequence, common courts face difficulties in the proper application of provisions for the fear of violating human rights in the country demanding the surrender of a suspect. The supraregulation in force leads to divergences in the jurisprudence, especially as regards the proper formulation of legal bases for the passed judgments. Inconsistencies in this scope contained in judgments are presented herein and a manner of solving the problem based on the constitution is presented.