kompetencje organów państwowych

  • Przekazanie kompetencji organów władzy państwowej na podstawie art. 90 Konstytucji RP. Zagadnienia wybrane

    Author: Bartłomiej Opaliński
    Institution: Akademia Leona Koźmińskiego w Warszawie
    Year of publication: 2010
    Source: Show
    Pages: 85-101
    DOI Address: https://doi.org/10.15804/ppk.2010.04.04
    PDF: ppk/04/ppk404.pdf

    Progressing integration processes in Europe generate the need to create legal mechanisms determining relations of the domestic law with the acts of foreign official authority. Polish constitutional legislator created appropriate regulation in the article 90 of Constitution. Present study describes issues associated with handing over of state agencies competences for international organizations and bodies. In the beginning there was made an explanation who can hand over competences and whom is qualified to hand them over for. Considering the explanation of doctrine and the judicial decisions of The Constitutional Tribunal there was showed, which of competences could be handed over and which of them constitutes the inviolable hard core of the national sovereignty. Hereinaf- ter there was made analysis of modes of giving consent to the ratification of an international agreement based in article 90, determining their mutual location. Next there were analyzed the role and participation of the President in the rati- fication process. On the basis of made arrangements there was taken an attempt of evaluation of the contemporary constitutional regulation, formulating appro- priate conclusions de lege ferenda.

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