THE PRESIDENT’S POWERS OF THE REPUBLIC OF POLAND IN RELATIONS WITH THE PARLIAMENT

Abstract

The article is devoted to the research of the President’s powers of the Republic of Poland in relations with the Sejm and the Senate as the chambers of the Polish Parliament. The main approaches to defining the specific President’s powers in the Polish constitutional doctrine, the Constitution and current legislation are described. The dominant doctrinal classification of the President’s powers of the Republic of Poland in relation to the Sejm and the Senate is given; the separate parts, such as powers related to setting elections and convening the first meeting of the Sejm and the Senate; powers related to the Sejm term reduction; powers in the legislative sphere, as well as the opportunity to appeal to the Sejm the Senate or the National Assembly with a message, are highlighted due to the classification. The scientific position is argued, according to which the President’s powers of the Republic of Poland that are related to setting the elections and convening the first session of the Sejm and the Senate influence on the Polish Parliament work, but do not play a significant role, because they have a procedural (organizational and technical) character. At the same time, it is stated that, the opportunity to influence on the period, over which the parliament can carry out its activities, and the terms of its powers is undoubtedly an important power in contrast to procedural rights. It is emphasized that the scope of the President’s powers of the Republic of Poland in the legislative sphere is quite wide and includes the right of legislative initiative, the right of suspensive veto, as well as the opportunity to appeal to the Constitutional Tribunal on the approved law constitutionality. It is concluded that due to the President’s obligation on signing a law, which constitutionality to the Main Law is certified by the Constitutional Tribunal, the requirement to certify it by the head of state represents only as a political safeguard, especially in the context of total implementation of EU systemic decisions into the national legal system of Poland. The special attention is paid to the opportunity of the President of the Republic of Poland to appeal to the Sejm, the Senate or the National Assembly with a message as an effective tool for bringing his position on a particular issue within the mechanism of proper cooperation between authorities.