Miejsce umów międzynarodowych w polskim porządku prawnym

Abstract

The Polish Constitution of April 2, 1997 is the first polish constitutional act, which in compound way defines meaning of international law in domestic law system. It generates the systemic base of binding force of international treaties. The key article of this issue is art.9 which obliges The Republic of Poland to respect international law binding upon it. The Constitution straightens out polish system of sources of law and divides it into two parts: first and more important component are sources of universally binding law; second component are sources of internal character obligating “only organizational entities subject to the organ that emitted these acts” ( pro foro interno). Purpose of this reform was to form a closed catalogue of sources of law and creating their hierarchy. In this established hierarchy, important role is given to international agreements. There are four categories of international treaties in polish system. The first ones are international agreements, in which the Republic of Poland delegates to an international organization or international institution the competence of organs of State authority in relation to certain matters. That treaty requires granting consent for rati fication by a statute, that should be passed by quali fied majority vote (two – thirds) or by a nationwide referendum. Second category are international agreements ratified with the consent of the Parliament passed by ordinary vote. This procedure applies to the treaties which concerns five matters: a) peace, alliances, political or military treaties; b) freedoms, rights or obligations of citizens, as specified in the Constitution; c) the Republic of Poland’s membership in an international organization; d) considerablefinancial responsibilities imposed on the State; e) matters regulated by statute or those in respect of which the Constitution requires the form of a statute. Third category are other ratified international agreements (without the consent of the Parliament) appropriate in other subjects. Only those three first kinds of treaties have a universally binding law character. Fourth category are unratified international agreements, often called as a departamental, usually concern to the governmental issues. New constitutional order is open and friendly to the international law. Force of the ratified international agreements and their position in the hierarchy of sources of law is strong and privileged, since in constitution are mechanisms like that set by article 91 par. 2: international agreement ratified upon prior consent granted by statute have precedence over statutes if such an agreement cannot be reconciled with the provisions of such statutes