Source of Law in Poland

Law in Poland

Sources of Polish law (generally applicable law)

In the Polish legal order, the sources of universally binding law are primarily:

  • The Constitution of the Republic of Poland of April 2, 1997 , i.e. the Basic Law,
  • ratified international agreements (with prior consent expressed in the Act),
  • acts,
  • regulations (of ministers, the Prime Minister, the Council of Ministers, the National Broadcasting Council),
  • acts of local law (legal acts issued by local government bodies and local government administration bodies on the basis and within the limits of statutory authorizations (valid only in the area of ​​activity of these bodies),
  • regulation of the President of the Republic of Poland with the force of law (only during martial law),

The prerequisite for the entry into force of laws, regulations and acts of local law is their publication in the official publication.

Other legal acts

Apart from the constitutional sources of universally binding law, there are also other legal acts in the Polish legal system. Belong to them:

  • ratified international agreements (not requiring consent expressed in the act),
  • accepted international agreements (other than ratified ones),
  • regulation of the President of the Republic of Poland on the introduction of martial law or a state of emergency,
  • decisions of the President of the Republic of Poland,
  • resolutions of the Council of Ministers,
  • orders of the Prime Minister,
  • ordinances of ministers,
  • regulation of the National Broadcasting Council,
  • judgments of the Constitutional Tribunal (amending or repealing legal acts).

Where to find the binding acts of Polish law?

Acts of generally applicable law are published in official publications : Journal of Laws of the Republic of Poland, Official Journal of the Republic of Poland – “Monitor Polski”, official journals of ministers, official journals of central offices and voivodeship official journals.

Journal of Laws

[Dziennikustaw.gov.pl]

The Journal of Laws announces:

  • Constitution of the Republic of Poland,
  • acts,
  • ratified international agreements,
  • regulations issued by the President, the Council of Ministers, the Prime Minister, ministers, the National Broadcasting Council,
  • uniform texts of the above-mentioned acts,
  • judgments of the Constitutional Tribunal concerning normative acts published in the Journal of Laws,
  • resolutions of the Council of Ministers repealing a ministerial regulation,
  • other acts, e.g. concerning elections, states of emergency.

Official Journal of the Republic of Poland – Monitor Polski

[monitorustaw.gov.pl]

The following are published in Monitor Polski:

  • international agreements that do not require ratification,
  • acts other than generally applicable, e.g. orders of the President of the Republic of Poland, resolutions of the Council of Ministers and orders of the Prime Minister, official acts of the President, resolutions of the Sejm and Senate.

SOURCE: POVT OF POLAND


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