Inicjowanie postępowań przed Trybunałem Konstytucyjnym przez przedsiębiorstwa energetyczne i organizacje branżowe

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.