The persistent practice in Poland of failing to publish Constitutional Tribunal judgements in official journals raises controversy regarding their effects. The universally binding force of such constitutional court rulings is questionable, as by such negligence they do not formally become part of the national legal order. Failure to publish a ruling in the appropriate promulgation body declaring specific provisions inconsistent with the Constitution formally means that it does not have the effect of derogating the regulation for which the presumption of constitutionality has been rebutted. This situation limits the exercise of an individual’s public subjective right arising from Article 190(4) of the Constitution of the Republic of Poland enabling the reopening of proceedings. The ability to overturn a final decision issued by a court or public administration body based on provisions deemed – by rulings of the Constitutional Tribunal – to be inconsistent with the Constitution establishes an individual’s right to restitution of constitutionality. This right is also closely linked to the guarantees arising from the constitutional right to a fair trial. The omissions to publish judgments declaring provisions inconsistent with the Constitution, a reflection of the ongoing constitutional crisis, only deepen the legal chaos in this matter. The most negative and tangible consequence of this state of affairs would involve depriving individuals of the benefit of filing a request for reopening of proceedings by deeming it premature due to the failure to enter into force of the unpublished Constitutional Tribunal ruling. It is therefore necessary to recreate mechanisms enabling the use of this institution, while simultaneously persuading common courts to examine requests for reopening of proceedings on its merits, despite doubts regarding the status and legal consequences of an unpublished constitutional court judgment.