Doubts as to the Constitutionality of Article 66(1)(5)(B) of the Law on the Bar Act – Outline of the Problems

Abstract

The purpose of this paper is to draw attention to the doubts concerning the constitutionality of Article 66(1)(5) of the Law on the Bar Act to the extent to which it requires a total of 3 years of professional experience from persons holding the academic degree of doctor of juridical sciences (social sciences in the discipline of juridical sciences) with Article 2, Article 32(1) and (2), Article 65(1) of the Constitution of the Republic of Poland, in a situation where it does not require any practical experience from persons holding the academic degree of post-doctoral degree (doktor habilitowany) and the title of professor. The research problem described in the article was presented in a historical perspective. The inconsistency of the Act with the legal system concerning the analysed issue was also pointed out. In conclusion, the powers of the administrative court to consider the potential unconstitutionality of the indicated provision in a specific case were indicated. It was also reminded of the possibility of filing a constitutional complaint by citizens who believe that their constitutional freedoms or rights have been violated. Attention was also drawn to the possibility of submitting a request to the Commissioner for Human Rights who can use his powers, such as a general speech to the Minister of Justice.