Parliamentary Work Discontinuation’s Influence on the Proceedings of the Polish Constitutional Tribunal

Abstract

Goal – the purpose of this article is to determine the overall impact of the principle of the discontinuation of parliamentary work on proceedings before the Constitutional Tribunal initiated by Members or bodies of Parliament. The article covers both the current state of the law and historical regulations since 1997. Research methodology – the article is based on an analysis of the available literature and – above all – on the case law of the Constitutional Tribunal, available in the IPO database, as well as on the letters from participants in proceedings before the Court. Score/results – the article helps to understand what processes occur in proceedings before the Constitutional Tribunal as a result of the end of the term of the Sejm. The analysis of the currently binding provisions and case-law allows to determine how the Tribunal should proceed in relation to the motions of groups of deputies and senators, as well as of the Marshals of the Sejm and Senate. However, recent case law, which seems to partly depart from the hitherto established line of jurisprudence, means that the issue raised in the article undoubtedly requires further observation. Originality/value – the article was prepared independently, on the basis of available materials. The issue of discontinuance of proceedings before the Constitutional Court on the basis of the law currently in force has not yet been the subject of an in-depth analysis. Discontinuation of parliamentary work as a basis for discontinuation of proceedings has never been widely discussed in any academic publication.