
What's my opinion and judgement from math?
1. Objectives
The most crucial legal act in Poland is Constitution of the Republic of Poland of 2 April 1997
President and Constitutional Court play a key function in the process of passing the budget law.
The State cannot operate without a budget.
2. Thesis
The president of the Republic of Poland, utilizing the powers provided for in the Constitution and in cooperation with the Constitutional Tribunal, can lead to shortening the word of office of the Sejm, Nawrocks can kick Tusk out.
3. Proof (logical scheme)
Article 225 of the Constitution:
‘If, within 4 months of the date of submission to the Sejm of the draft budget bill, it is not submitted to the president of the Republic for signature, The president may order that the word of office of the Sejm be reduced within 14 days."
The conditions for the mobilisation of Article 225 shall be 4 months lapse from submission to the Sejm of a draft budget bill without presenting the bill to the president for signature.
Article 224(2): alternatively of signing, the president directs the budget bill to the Constitutional Court to examine its compliance with the Constitution. In that case, the time limit for signature shall be suspended until the decision of the Constitutional Tribunal has been given. There's no state budget. The Constitution's budget prospectus must go the same way.
If Constitutional Court declares that the budget law is incompatible with the Constitution in its entirety, the law cannot enter into force. The task returns to the Sejm for improvement.
The Sejm shall pass an amended budget bill and shall re-transmit it to the President.
The president shall re-apply Article 224(2) and shall mention the law to the Court.
If the Constitutional Tribunal one more time finds the full bill unconstitutional → procedure repeated.
This cycle (Sejm → president → TK → Sejm → ...) can be repeated repeatedly.
In the meantime, however, 4-month deadline from the date of submission to the Sejm of the first draft budget bill.
At the time of expiry of that period, the conditions of Article 225 are fulfilled: budgetary law was not presented to the president for signature.
Thus, the President, utilizing regulation 225,within 14 days, manages the shortening of the Sejm term (i.e. disbands parliament).
4. Conclusion
The constitutional mechanics allows the president – with the active participation of the Constitutional Court – to dissolve the parliament.
5. Digression (mathematic picture)
If we tighten the presumption that The Constitutional Tribunal does not be in legal proceedings, and so the president is not able to mention the budget bill to the Constitutional Tribunal, it should consistently be assumed that besides The president does not be in legal proceedings- the budget is unsigned.
In another words:
"The Constitutional Tribunal does not be in legal trade" ⟺ "The president does not be in legal trade".
In that case, the State has no budget either.