Uwagi o zgodności z Konstytucją badania dopuszczalności inicjatywy ustawodawczej
Remarks on the constitutionality of control of the admissibility of legislative initiatives

Summary/Abstract: The provision of Art. 34 p. 8 of the Standing Order of the Sejm, which allows for testing the constitutionality of the bill before the first reading, grants the Marshall of the Sejm a non-constitutional basis to prevent entities authorized to introduce legislative initiatives from benefiting from this right. For this reason it is questionable from the point of view of the constitutional principles of legislative proceedings. In light of these principles the draft of a statutory act may he rejected by the parliament following the procedure of three readings, but not at the stage preceding this procedure. The above mentioned provision is inconsistent with the principle of the specificity of law, because it contains ambiguous wording concerning the conditions, criteria and impact of the assessments made in this mode. What is more, the analyzed provision introduces a procedural solution which poses the risk of precluding the drafts of minority without referring them to the first reading,which is a threat to the principle of pluralism and the freedom of political parties, especially the parliamentary opposition.

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