„Hidden powers” of the President of the Republic of Poland in Light of the Polish Constitution Cover Image

„Ukryte kompetencje” Prezydenta Rzeczypospolitej Polskiej w świetle Konstytucji RP
„Hidden powers” of the President of the Republic of Poland in Light of the Polish Constitution

Author(s): Janusz Roszkiewicz
Subject(s): History of Law, Constitutional Law
Published by: Wydawnictwo Uniwersytetu Jagiellońskiego
Keywords: presidential powers; government;Constitution of the Republic of Poland

Summary/Abstract: The article shows how to use imprecise provisions of the Constitution of the Republic of Poland to strengthen the powers of the President. ‘Hidden’ competences are powers explicitly granted to the President in the Constitutionbut used in an unorthodox way, unforeseen by the creators of the Constitution.The article discusses five cases: 1) possibility to ‘push the Prime Minister out’of the international event ‘hidden’ in the power to convene the first parliamentary meeting after the election; 2) a „small pocket veto” ‘hidden’ in the powerto announce the bill in Journal of Laws within 21 days; 3) possibility of delayingof the signing of a bill ‘hidden’ in the mechanism of veto-withdrawal of vetochallenge to the Constitutional Tribunal; 4) appointment of the presidentialPrime Minister against the will of the parliament ‘hidden’ in the power to designate a temporary head of government; 5) possibility of evading the obligationto dissolve the parliament in the event of an inability to elect a government‘hidden’ in the power to notify the Marshal of the Sejm of the temporary inability to hold office (the Constitution forbids Marshal of the Sejm, who actsas the President, to dissolve the parliament).

  • Issue Year: 13/2020
  • Issue No: 1
  • Page Range: 56-75
  • Page Count: 20
  • Language: Polish