Internal legal acts in the Polish constitutional system

Abstract

The author analyses art. 93.1 of the Constitution of Republic of Poland stating that “Resolutions of the Council of Ministers and orders of the Prime Minister and ministers shall be an internal character and shall bind only those organizational units subordinate to the organ which issues such act”. These internal acts are different from the “sources of universally binding law of the Republic of Poland” which includes: the Constitution, statutes, ratified international agreements, and regulations (art. 87.1 of the Constitution). This dichotomy is generally clear and has a special meaning for protection of citizens’ rights and freedoms in the democratic state of law. However constitutional practice during 25 years reveled existence of the acts which do not belong to one of those two categories. It may open the way de lege fundamentali ferenda to create a new group of legal acts. It is important because some acts of internal character have influenced the situation of the citizens and it should be recognized in the constitutional system.