Współudział Prezydenta Rzeczypospolitej i Trybunału Konstytucyjnego w procesie ustawodawczym

The article analyses the scope of the President’s competences in the legislative process in the context of cooperation and partnership with the Constitutional Tribunal. The author observes that both of these organs perform the role of ‘guardians of the Constitution’, and that, counter-intuitively, the President’s refusal to sign an unconstitutional act has a stronger impact on legislation than his legislative initiative prerogatives. In view of the fact that the Tribunal cannot act on its own initiative, the President should be guided by ‘constitutional sensitivity’ in the exercise of his competences, in the initiation of both preventive and subsequent control. The author also notes that the Constitutional Tribunal, through its jurisprudence, protects the President’s competences in order to ensure that he is able to effectively monitor the observance of the Constitution.