Notyfikacja jako przedmiot kontroli Trybunału Konstytucyjnego
Notification as the object of the control by constitutional tribunal

Summary/Abstract: The article is devoted to the analysis of the legal admissibility of the control of the constitutionality of notification procedures by the Constitutional Tribunal. One of the features of legislative procedure is its sequential character. However, since the moment of entering the European Union specific stages of the procedure as well as legislative activities have been determined by European law. The examples of a new duty put on the legislative, which has its source in EU law are the so called notification procedures. They mean the obligation to notify officially EU authorities about the intention to begin a legislative procedure, or — if the procedure is already in progress — about the content of the new draft law. The previous findings of the Constitutional Tribunal concerning the procedural control of a legal act should be developed and supplemented by the "European thread". By controlling the constitutionality of the procedural aspect of an act, the Tribunal should take into account the issue of notification and as a consequence it should eliminate legal provisions that violate this requirement from the legal system. The breach of notification obligations stemming from EU law can be classified as a serious breach of the legislative process, which in a particular case, with regard to the circumstances of the case considered by the Tribunal, can justify the derogation of the provision for formal reasons.

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