Komisja Ustawodawcza

  • Parliamentary Review of the Constitutionality of Bills – Some Remarks on the Background of the Article 34 p. 8 of the Standing Orders of the Sejm

    Author: Anna Rytel-Warzocha
    E-mail: anna.rytel@prawo.ug.edu.pl
    Institution: Uniwersytet Gdański
    ORCID: https://orcid.org/0000-0001-8972-4088
    Year of publication: 2019
    Source: Show
    Pages: 71-81
    DOI Address: https://doi.org/10.15804/ppk.2019.05.05
    PDF: ppk/51/ppk5105.pdf

    According to the Standing Orders of the Sejm the Speaker of the Sejm, after seeking the opinion of the Presidium of the Sejm, may refer any bills which raise doubts as to their consistency with law, in particular with the Constitution, to the Legislative Commit- tee for its opinion. If the Committee finds the bill unconstitutional and therefore in- admissible, the Speaker can refuse to initiate the legislative procedure. The above reg- ulation has for many years raised doubts as to its consistency with the Constitution, in particular the constitutional right to legislative initiative (Article 118) or the rule of considering statutes in three readings by the Sejm (Article 119, Article 120). The arti- cle presents the genesis and the analysis of the current regulation of the parliamenta- ry review of the constitutionality of bills in Poland at the very beginning of the legis- lative procedure, the controversies that arise on that background and the discussion on that issue among the representative of the doctrine as well as conclusions de lege lata and de lege ferenda.

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