The Right of Action of Public
Undertakings and Occupational
Organizations in Procedure
by the Constitutional Tribunal
The Polish Constitutional Tribunal have been asked several times to rule in energy
law cases. Among them one of the most important issues is right to action of
occupational organizations and public undertakings in procedure by the Constitutional
Tribunal. Occupational organizations have a right to initiate procedure
before Constitutional Tribunal with some limitations. Under Article 191 (4) of
Polish Constitution occupational organizations may make an application to the
Constitutional Tribunal if the normative act relates to matters to the scope of
their activity. Tribunal explained that any questioned act has to relate to matters
of professionals in energy sector and shall not relate to the whole energy sector.
Another issue relates to public undertakings – they haven’t right to initiate the
procedure before Tribunal due to their dependence from State Treasury. This point
is however controversial among judges at the Constitutional Tribunal. The author
supports case‑law to date.

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