POSITION OF INTERNATIONAL AGREEMENTS IN THE LEGAL ORDER IN THE REPUBLIC OF POLAND

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POSITION OF INTERNATIONAL AGREEMENTS IN THE LEGAL ORDER IN THE REPUBLIC OF POLAND

Journal Title: Annuals of the Administration and Law - Year 2014, Vol 2, Issue 0

Abstract

Openness of Polish Republic Constitution for international law and integration processes is expressed mainly in regulations of the Ist chapter entitled ”the Republic”, including norms concerning the system and basic institutions of society and country. Obviously, important system principles can be found also in other chapters of the Constitution. *ey also result from interpretations of regulations included in it. *e Constitution from 1997, for the +rst time in Polish constitutionalism, deals with those problematic aspects, and in particular with the issue of international law presence in the Polish legal order. As L. Garlicki emphasizes it is a problem of a considerable debatability on a world scale. In the +rst chapter of the the Polish Constitution in art. 9 we can +nd one of the rules that is of fundamental constitutional meaning in the state: “*e Republic of Poland shall respect international law binding upon it”. It has the most general character among other rules referring to international law. It has been emphasized in it towards international society that Poland is a legal state also in respect of foreign relations. A clause that is wider in its sense than the principle pacta sunt servanda from Vienna Convention on Treaties Law from 1969, was applied because it covers the whole international law, including also commonly known principles of international law and common law.<br/><br/>

Authors and Affiliations

Maciej Borski

Keywords

Sprawozdanie z ogólnopolskiej konferencji naukowej „Działania człowieka. Bodźce – mechanizmy – konsekwencje. Konferencja prawno-ekonomiczno-socjologiczna”. Kraków 27-28 września 2014 r.

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EP ID EP417484
DOI -
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