PRESIDENT AND THE CONSTITUTIONAL
TRIBUNAL IN POLAND. LEGAL RELATIONSHIPS
PRESIDENT AND THE CONSTITUTIONAL
TRIBUNAL IN POLAND. LEGAL RELATIONSHIPS
Author(s): Jakub StelinaSubject(s): Law, Constitution, Jurisprudence, Constitutional Law
Published by: C.H. Beck Publishing House - Romania
Keywords: president; Constitutional Tribunal; State Tribunal; relations between president and the Constitutional Tribunal; presidential elections; impeachment;
Summary/Abstract: In the Polish legal system, the legal relations between president and the Constitutional Tribunal cover five areas: the president's participation in making up the CT, the president's initiation of the constitutional review of the law, the Constitutional Tribunal's resolution of competence disputes, the ruling, at the president's request, on the inconsistency of the goals of political parties with the law, and the Constitutional Tribunal's ruling on the president's temporary inability to perform his function. As regards the influence exerted on the electoral process, it should be stated that the Constitutional Tribunal has no powers in that field. The election results are announced by the National Electoral Commission, while the validity of the elections is determined by the Supreme Court. When it comes to removing the president from office, it is only the State Tribunal that has such powers, a special body acting to assess the legality of the actions of the most important persons in the state. A qualified majority of 2/3 of the votes of the statutory number of members of the National Assembly (both houses of parliament) is required to impeach the president.
Journal: Studii Juridice şi Administrative
- Issue Year: 32/2025
- Issue No: Supplement
- Page Range: 186-198
- Page Count: 13
- Language: English
