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Tuesday, 6 February 2018

President signed the amendment of the Act on the Institute of National Remembrance

On February 6, 2018, the President of the Republic of Poland signed the Act of 26 January 2018 amending the Act on the Institute of National Remembrance - Commission for the Prosecution of Crimes against the Polish Nation, the Act on Graves and War Cemeteries, the Act on Museums and the Act on the Liability of Collective Entities for Acts prohibited under the penalty, and ordered to have it published in the Journal of Laws (after the announcement of the Act in the Journal of Laws, it becomes applicable law).

 

See also: Statement by the President of the Republic of Poland on the amendment of the Act on the Institute of National Remembrance The Act will come into force, in principle, after 14 days from the date of the announcement (by way of exception, the regulations concerning the medal "Guardian of Places of National Remembrance" will enter into force after 3 months from the publication date).

 

When signing the law, the President of the Republic of Poland announced at the same time that due to the doubts raised in the public debate, he would submit certain provisions of this law to the Constitutional Tribunal by way of a follow-up control.

 

The Constitution provides that the President should be able to apply to the Constitutional Tribunal in the so-called "follow-up" procedure so that the Tribunal examines the conformity of an act of law with the Constitution. Any time, the President may refer any binding act of law (i.e. the Act published in the Journal of Laws), as well as an international agreement or a regulation for such an examination.

 

However, the referral of an act to the Constitutional Tribunal by means of a follow-up control does not stop its entry into force. Therefore, the Act of January 26, 2018, amending the Act on the Institute of National Remembrance - the Commission for the Prosecution of Crimes against the Polish Nation, the Act on Graves and War Cemeteries, the Act on Museums and the Act on the Liability of Collective Entities for Acts prohibited under the penalty, as signed by the President of the Republic of Poland and published in the Journal of Laws, shall come into effect on the date indicated therein, i.e. after 14 days from the date of its publication in the Journal of Laws.

 

If the Constitutional Tribunal adjudicates non-compliance of the challenged provisions of the Act with the Constitution, these provisions shall cease to apply as of the date of the publication of the Constitutional Tribunal's decision in the Journal of Laws, or as of another date specified by the Constitutional Tribunal. Judgments of the Constitutional Tribunal have a universally binding force and are final.


 

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