Incydentalna kontrola rozporządzeń przez sądy
The right of courts to refuse incidentally to apply regulations

Summary/Abstract: Among sources of law in Poland regulations are especially important for the public commercial law. While the legislative proceedings in the Sejm and Senat is regulated in some details on the level of the Constitution itself, procedural provisions determining issuing normative acts by public administration are scarce and, if they exist, deal usually with a particular regulation. Due to lack of universally binding procedural provisions concerning enacting laws by administration it is particularly important to establish a proper control system to test the legality of such acts. An important element of this system is the right of court to refuse incidentally to apply a regulation. It has some advantages like immediate protection of an individual who feels injured by the appliance of a regulation which is contrary to law. It has disadvantages, however, which are connected with potentially possible breach of the principle of equality before law. The aim of the paper is to present an essence of the right of courts to refuse incidentally to apply a regulation and problems arising out its application.

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