Legitymacja czynna związków zawodowych i organizacji zawodowych w świetle orzecznictwa Trybunału Konstytucyjnego

Abstract

According to Article 190 para 1 subpara. 4 of the Constitution the national organs of trade unions as well as the national authorities of employers’ organizations and occupational organizations may make application to the Constitutional Tribunal regarding constitutional review. According to para 2 of Article 190 of the Constitution the subjects referred to in para. 1 subpara 4 may make such application if the normative act relates to matters relevant to the scope of their activity. The aim of this paper is to present the hinterto prevailing case law of the Constitutional Tribunal concerning the issue of locus standi of two types of subjects indicated in Article 190 para 1 subpara 4: the national organs of trade unions and national authorities of occupational organizations. The Constitutional Tribunal has received a quite precise defi nition of “ a national organ of a trade union ” as well as a defi nition of “ an occupational organization ”. On the other hand, more problems usually causes the issue of the objective scope of the competence to initiate constitutional review by one of aforementioned subjects. The Constitutional Tribunal pointed out in a few judgments merely main requirements which have to be fulfi lled when constitutional review is initiated by a national organ of a trade union or national authority of an occupational organization. It means that some questions regarding the objective scope of locus standi of trade unions and occupational organizations are still open.