The State Anthem as a Subject of Review in Proceedings Before the Constitutional Tribunal in Poland?

Abstract

The national anthem is regulated in Poland at the constitutional and statutory levels. The legislature has determined which song is to be the anthem and in this way has bound other legislative bodies. However, the details of the anthem were left to the legislature. This gives room to consider the possibility of assessing the compatibility of the statutory arrangements for the anthem, including its content, with the Constitution. Although the issue prima facie seems to be purely hypothetical and may be treated as a mere curiosity, the analysis of the problem shows that the findings may affect both the perception of the scope of control of the constitutionality of the law and the degree of protection of national and state symbols, including the anthem. This article thus aims to determine whether the anthem can be subject to scrutiny in proceedings before the Constitutional Tribunal, and if so, what the framework of tribunal adjudication is.