The author deals with the issue of compliance of the Special Court with the Constitution according to the ruling of the assembly of the Constitutional Court PL. US 17/08 - 238 on 20th May 2009 and its consequences for the prosecution of serious crimes in the conditions of reconstitution of this court in the form of the Specialised Criminal Court. It particularly refers to the insufficient rationale of the ruling of the Constitutional Court on non-compliance with the constitution of the whole Act in relation to the Article 143 of the Constitution regulating the system of courts.
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