Przejściowa niemożność sprawowania urzędu przez prezydenta RP w świetle Konstytucji i nowej ustawy o Trybunale Konstytucyjnym
- Institution: Uniwersytet Wrocławski
- Year of publication: 2016
- Source: Show
- Pages: 11-31
- DOI Address: https://doi.org/10.15804/ppk.2016.02.01
- PDF: ppk/30/ppk3001.pdf
Temporary impossibility of performing the functions by the Polish President under the Constitution and the new Constitutional Tribunal Act
This paper discusses temporary impossibility of performing the functions by the Polish President. The Polish Constitution defines three kinds of such impossibility. First of all, there are situations when the President may inform about this impossibility, secondly – when s/he cannot do this, and thirdly – the President may be suspended because of being arraigned before the State Tribunal. Each of these situations is considered in the paper, one by one. The author refers, among others, to the grounds on which impossibility of performing the functions by the Polish President is declared and analyses in detail the provisions of the new Constitutional Tribunal Act concerning this issue. The author’s comments are accompanied by related conclusions and suggestions concerning the amendment of both the Polish Constitution and the said act.