O przekazywaniu kompetencji organów władzy państwowej organizacji międzynarodowej. Uwagi na tle wyroku Trybunału Konstytucyjnego z dnia 26 czerwca 2013 r.
On the Transfer of the Competence of Organs of State Authority to an International Organization. The Remarks on the Judgment of the Constitutional Tribunal of June 26, 2013

Summary/Abstract: The Polish Constitution of 2 April 1997 provides for three procedures of ratification of internationalagreements: 1) by the President without the participation of the Sejm, 2) by the President, underthe law approving the ratifi cation in respect of contracts referred to in Article 89 para. 1 of the Constitution,3) by the President on the basis of the specific act of consent adopted by the Sejm and the Senate according to a special procedure. In the third case, it is also possible to agree with a referendum. The third procedure is reserved for international agreements, under which the conferral (transfer) competence of the Polish state occurs. In practice, this procedure is adopted in connectionwith the provisions of the European Union treaties. In the judgment discussed in the article, the Polish Constitutional Tribunal ruled on a dispute against the ratification act concerning the decisionof the European Council of the EU of 25 March 2011 on the amendment of Article 136 ofthe Treaty on the Functioning of the European Union. This article provides an analysis of some importantissues from the point of view of Polish constitutional law. Among them are: 1) analysis ofthe provisions of the Constitution of “transferring/conferring” the competence of the Polish state,2) understanding the phrase “powers/competences of public authorities” They are of great importancein the context of the development of the institutional structures and organizational changeswithin the European Union.

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