Kontrola obowiązku notyfikowania ustawy w postępowaniu przed Trybunałem Konstytucyjnym
The Review of the Duty to Notify Statutes in the Proceedings before the Constitutional Tribunal

Summary/Abstract: This article deals with the issue of admissibility of the review of constitutionality of a statute passedin violation of the EU’s notification procedures. The analysis covers three specific issues — the subject,the base (reference) and the procedure of review exercised by the constitutional court. The subjectof the review in a case in which the allegation against the statute is based a breach of EU notification procedures, is determined by the scope of the responsibilities of the Constitutional Tribunal, which means that these procedures can be examined only in a certain range and under reservations. The jurisdiction of Court is therefore limited to the review of fulfi llment of the obligation to notify, treated as part of the national legislative proceedings. The review of constitutionality of a statute, towhich the allegation of a breach of notification duty has been made, is possible under the so-calledprocedural review of the statute; in this case the review should be based on the general constitutionalnorms establishing the principle of the democratic state ruled by law (Article 2) and principle oflegalism (Article 7). Due to the need to avoid the confl ict between the powers (jurisdiction) of theConstitutional Tribunal and the Court of Justice of the EU, the functional condition of the questionof law courts from the courts (Article 193 of the Constitution should be redefi ned). Adjudication onthe so-called EU matters should remain the domain of the national courts, acting on the principleslaid down in EU law

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