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The President against the passed resolutions

Pursuant to the provisions of Art. 122 of the Constitution, the condition for the entry into force of each act is the signing of the act by the President. There may be circumstances, however, where the President has certain doubts as to the appropriateness (purposefulness) of the solutions adopted in the act or their conformity with the Constitution.

Where the President’s doubts concern the appropriateness (purposefulness) of the adopted solutions, the President refuses to sign the act and applies to the Sejm for the reconsideration of the act. Such well-grounded application is commonly referred to as the Veto. The Sejm may reject the President's veto by majority of 3/5 of qualified votes in the presence of half of the statutory number of members of parliament. The presidential veto is not selective in its nature. This means that the President cannot question only some regulations, but in fact he questions the whole act.

Where the President’s doubts concern the compliance of the act with the Constitution, the President is entitled, under Art. 122 clauses 4 of the Constitution, prior to signing the act, to apply to the Constitutional Tribunal for examining its compliance with the Constitution. This is also known as the preventive application. Then, the entry into force of the act depends on the contents of the Constitutional Tribunal judgement.

The Constitution also provides the President with an opportunity to make the so-called follow-up application to the Constitutional Tribunal for examine the agreement of the act with the Constitution. The said application may be lodged by the President at any time in respect of any applicable act as well as any international agreement or decree. The application does not affect the applicability of the legal act it covers. Only the Constitutional Tribunal may cancel the applicability of its provisions provided that it states that the said provisions are against the Constitution.

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