%0 Journal Article
%T Glosa do uchwały składu siedmiu sędziów Sądu Najwyższego z dnia 31 maja 2017 r., sygn. akt I KZP 4/17. Granice prezydenckiego prawa łaski 
%A Wiszowaty, Marcin Michał
%J Przegląd Konstytucyjny
%V 2017
%N Numer 4 (2017)
%P 134-141
%K the President of the Republic of Poland, power of pardon, Polish Constitution, Poland, individual abolition, Supreme Court
%@ 2544-2031
%D 2017
%U https://ejournals.eu/czasopismo/przeglad-konstytucyjny/artykul/commentary-to-the-resolution-of-the-supreme-court-of-may-31st-2017-ref-no-i-kzp-4-17-the-scope-of-the-presidential-power-of-pardon
%X 
	Commentary to the resolution of the Supreme Court of May 31st, 2017 (Ref. No. I KZP 4/17). The scope of the presidential power of pardon 

	The dispute over the scope of the power of pardon, caused by the decision of the President of the Republic of Poland Andrzej Duda to apply this power before issuance of a final judgment by the court, is undoubtedly one of the most interesting problems in the field of constitutional law under the Polish Constitution of 1997, with which the courts and the doctrine of law must currently deal with.

	I believe that, in its argument concerning the scope of the presidential power of pardon, the Supreme Court did not take into account one important argument which is based on the norm expressed in Art. 99 § 3 of the Polish Constitution.

	I believe that the scope of the presidential power of pardon specified in Art. 139 of the Polish Constitution is also determined by the norm expressed in Art. 99 § 3. The application of the power of pardon in the form of the so-called individual abolition against a deputy or senator accused of committing a crime prosecuted by indictment and penalized with deprivation of liberty, impedes the possible execution of the principle contained in Art. 99 § 3 of the Polish Constitution, and thus violates the norm expressed in Art. 7 and Art. 126 § 3 of this Constitution. The nature of presidential pardon, including the scope of its limits, should be determined by way of a joint interpretation of the provisions of the Polish Constitution, also taking into account its Art. 99 § 3.