Umarzanie postępowania przez Trybunał Konstytucyjny w przypadku prewencyjnej kontroli umów międzynarodowych
Redemption of the proceedings before the constitutional tribunal in case of the preventive review of international agreements

Summary/Abstract: The issue of the constitutional review of international agreements by the Constitutional Tribunal is not regulated in the Polish Constitution correctly. It also relates to the redemption of proceedings concerning the constitutionality of international agreements which have not yet been ratified by the president of the Polish Republic. The redemption of proceedings concerning the constitutional review of such important international agreements as EU treaties requires particular attention. The provision of art. 39 par. I p. 1 of the Act on the Constitutional Tribunal concerning the inadmissibility of ruling in the case of the above mentioned agreements cannot be applied as mechanically as it is after the loss of a binding force by an act.The Constitutional Tribunal’s opinion that the review of a statute authorizing to ratify the treaty can be fully separated from the review of the treaty itself is not convincing. Relationship between the Treaty and the Act ratified, is diverse in its nature.The division of the review of international agreements into ,,preventive” and ,,repressive”, as in the case analyzed in the article, is not enough. As a result, this division is unreliable.

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