Parlamentarna kontrola konstytucyjności projektów uchwał Sejmu
Parliamentary control of the constitutionality of the draft resolutions of the Sejm

Summary/Abstract: The Sejm as a collegian body makes decisions in the form of resolutions. At the same time it is required to comply with the standards of the Constitution as well as to create conditions for the full implementation of these standards. The under statutory nature of Sejm’s resolutions and the diversity of norms included in such acts, cause that judicial review of constitutionality is limited. In case of resolutions, the parliamentary control of their constitutionality is of particular importance.Each of the stages of the resolution making process contains a number of mechanisms to control the constitutionality of the draft resolution and to eliminate the proposed regulations affected by the deficiency of unconstitutionality. Parliamentary constitutional guarantees are analyzed on two levels: institutional and procedural. The first relates to the institution, which in the course of the resolution making process are particularly committed to ensure the compliance of these regulations with the Constitution. This obligation applies both to the elected bodies of the Sejm and other entities that participate in the procedure for making resolutions. In addition to this type of guarantee, at the subsequent stages of the resolution making process a set of procedures designed to protect the constitutionality of a proposal can be identified. The procedural guaranties can be divided into those that are directly designed to protect the constitutionality of the proposal and those which serve other functions, but in an indirect way contribute to the reflection on the constitutionality of the proposed regulation. The latter ones make up the largest group. The characteristic feature of the parliamentary control of constitutionality is that it is ,,scattered” in the process of resolution making. The attention to the compliance of a draft resolution with the Constitution starts before submitting the proposal to the Marshal of the Sejm. Then it takes place at the next stages of the resolution making process. The parliamentary control of the resolutions focuses on: the assumptions of the draft resolution, the draft itself, and finally the resolution adopted by the Sejm.

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