Organ stosujący prawo łaski w Konstytucji z 1997 r.
Authority executing the prerogative of pardon in the Constitution of 1997

Summary/Abstract: The article is concerned with the authority that can execute prerogative of pardon as stated in the Constitution of Poland of 1997. The author points out that the use of prerogative of pardon is personal competence of the Head of State, executed exclusively by him and cannot be transferred on another authority. However when the Marshal of Sejm is temporary acting as the head of State it is possible that he uses the prerogative of pardon, as it is not forbidden by the Constitution. According to author the character of the prerogative of pardon as well as authority that decides about the subject of pardon argument to admit that no other organ can influence on executing this competences, which means that it is unacceptable to determine range of presidential pardon by act, or formulating procedural restrictions concerning the decision-maker. It is also not possible to control decisions made by the Head of State when in comes to both rejection or applying the prerogative of pardon. In no situation it is possible to evaluate whether the Head of State used his competence in a way which complies with the Constitution.

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