Council of Ministers,

  • The Evolution of the Institution of President’s Prerogative Powers in the Polish Legal System

    Author: Marcin Dąbrowski
    Institution: The Department of Constitutional Law of the Faculty of Law and Administration of the University of Warmia and Mazury in Olsztyn
    ORCID: https://orcid.org/0000-0001-8780-9715
    Year of publication: 2018
    Source: Show
    Pages: 155-165
    DOI Address: https://doi.org/10.15804/ppk.2018.06.13
    PDF: ppk/46/ppk4613.pdf

    The essay describes the concept and evolution of a countersignature and prerogatives of the President of the Republic of Poland. The countersignature is a special signature (a consent) of a member of the Council of Ministers which is necessary to validate the President’s legal (official) act. Prerogatives are enumerated in a constitutional act as presidential competences, which do not require a signature of a member of the Government (a countersignature). The author claims that the institution of independent presidential competences was invented by Polish lawyers and used for the first time ever in the Polish Constitution of 1935. Further, the author describes the evolution of the institution of a countersignature and prerogatives in the Polish political system. It is said that nowadays the number of independent competences does not have such significant importance as it is claimed in constitutional law and in reality prerogatives do not strengthen the political position of the President significantly. His/her power depends on whole relations between the authorities described in constitutional provisions.

  • The Role of the Constitutional Regulations in the Area of Security and Defense of the Republic of Poland

    Author: Krzysztof Prokop
    Institution: Siedlce University of Natural Sciences and Humanities
    ORCID: https://orcid.org/0000-0002-3447-4592
    Year of publication: 2019
    Source: Show
    Pages: 227-234
    DOI Address: https://doi.org/10.15804/ppk.2019.05.16
    PDF: ppk/51/ppk5116.pdf

    The article focuses on the constitutional aspects of defense and security of the Republic of Poland. It analyzes the provisions of the Constitution concerning defense and security, including the tasks and the competences of the state bodies in the area of defense and security, the principles of commanding over the Armed Forces in time of peace and wartime, their tasks in the field of defense and security. According to the author of article the constitutional regulation on security of the Republic of Poland leaves room for numerous doubts. They can be largely attributed to the lack of a distinct division of the state bodies’ competencies in the area of security and defense. The Constitution does not stipulate the rules on commanding over the country in wartime. Whereas solutions included in the statutes arouse doubts in terms of their accordance with the Constitution.

  • Prawnoustrojowe aspekty statusu krajowych organów regulacyjnych w sektorach infrastrukturalnych

    Author: Marcin Grzybowski
    Institution: Uniwersytet Ekonomiczny w Krakowie
    ORCID: https://orcid.org/0000-0003-1905-8942
    Year of publication: 2021
    Source: Show
    Pages: 217-230
    DOI Address: https://doi.org/10.15804/ppk.2021.03.14
    PDF: ppk/61/ppk6114.pdf

    Legislative Aspects of the NRAs’ Status in the Infrastucture Sectors

    Ownership and structural changes in the infrastructural sectors of the Polish economy in the last three decades, while maintaining the public interest (art. 22 of the Constitution) and the implementation of the “social” market economy principle (art. 20) of the state’s influence on these sectors, justify the need for a legal and constitutional reflection on the status of activities of regulatory bodies in these sectors. The accession to the European Union has placed said activities on the path of the Union’s integration policies, aimed at “horizontal” integration of the infra-structural sectors of the EU member states. A typical and most commonly used legal tool for implementing EU integration undertakings are sectoral directives of the European Parliament and the Council. The Polish regulatory authorities with their postulated attributes of independence, professionalism and objectivity, have found themselves in the field where two routes of the addressed impacts cross: the EU sectoral integration route and the route of implementation of national policy toward infrastructure sectors (steaming from the Polish Council of Ministers and from relevant ministries). The author, identifying the elements of such use, points out the constitutional and legal uncertainties (even: dilemmas) in regard to the relationship between the Council of Ministers (and the Prime Minister)/relevant ministries and the state sectoral regulatory bodies.

  • W poszukiwaniu optymalnego modelu Rady Ministrów – 100 lat doświadczeń

    Author: Joanna Juchniewicz
    Institution: Uniwersytet Warmińsko-Mazurski w Olsztynie
    ORCID: https://orcid.org/0000-0002-7837-0963
    Year of publication: 2021
    Source: Show
    Pages: 57-73
    DOI Address: https://doi.org/10.15804/ppk.2021.04.03
    PDF: ppk/62/ppk6203.pdf

    In search of an optimal model of the Council of Ministers – a hundred years of experience

    Since Poland regained independence in 1918, there have been several constitutional acts in force (constitutions and the so-called “small constitutions”). Each of them contained provisions defining the scope of government activity, its structure, the mechanisms of appointing and dismissing cabinet members, as well as the principles of accountability. The paper outlines the way in which these issues have been developing over the past 100 years and to what extent the current solutions constitute the continuation of the solutions of the Constitution of 17 March 1921.

  • Kilka uwag na temat rekonstrukcji rządu w Polsce

    Author: Marek Woźnicki
    Institution: Uniwersytet Marii Curie-Skłodowskiej w Lublinie
    ORCID: https://orcid.org/0000-0001-7010-134X
    Year of publication: 2021
    Source: Show
    Pages: 335-346
    DOI Address: https://doi.org/10.15804/ppk.2021.04.21
    PDF: ppk/62/ppk6221.pdf

    Some remarks about the Cabinet reconstrucion in Poland

    The article provides the analysis of the current regulations about changing the organisation and composition of the Council of Ministers (Cabinet) in Poland. In light of the Constitution of Poland of 1997, the Prime Minister is responsible for the composition and overall organisation of the Cabinet and the allocation of functions between ministers according to the Branches of Government Administration Bill. In addition, the head of government has a certain margin of discretion in delivering the Cabinet reconstructions and the Machinery of Government changes. The Sejm plays a small role in this matter, however the consent of the parliament is necessary to change the Branches of Government Administration Bill.

  • Dualizm władzy wykonawczej w III Rzeczypospolitej Polskiej - regulacje konstytucyjne i praktyka polityczna

    Author: Bożena Dziemidok-Olszewska
    Institution: Uniwersytet Marii Curie-Skłodowskiej w Lublinie
    ORCID: https://orcid.org/0000-0003-2944-5073
    Year of publication: 2022
    Source: Show
    Pages: 15-29
    DOI Address: https://doi.org/10.15804/ppk.2022.01.01
    PDF: ppk/65/ppk6501.pdf

    Dualism of Executive Power in the Third Polish Republic – Constitutional Regulations and Political Practice

    The aim of the article is a critical analysis of the rationalized parliamentary system established in the Constitution of the Republic of Poland with the strengthened position of both bodies of the dualistic executive. The study presents the regulations increasing the political role of the President and the government (prime minister) as well as the conditions and political effects of the adopted system. The premise of the article is to highlight the dysfunctionality of the constittional model of the executive and the practice of its implementation.

  • Prokuratura a Sejm

    Author: Halina Zięba-Załucka
    Institution: Uniwersytet Rzeszowski
    ORCID: https://orcid.org/0000-0003-1646-3141
    Year of publication: 2022
    Source: Show
    Pages: 173-187
    DOI Address: https://doi.org/10.15804/ppk.2022.03.13
    PDF: ppk/67/ppk6713.pdf

    The Prosecutor’s Office and the Sejm

    Author argues in the article that under the legal status preceding the 2009 amendment to the Act on the Public Prosecutor’s Office, the Sejm’s control over the actions of the Minister of Justice – Prosecutor General found a direct basis in the constitutional norm, which entrusts the Sejm with the control over the Council of Ministers. Under the 2009 prosecution model, where the functions of the Prosecutor General and the Minister of Justice were separated, the Prosecutor General, directing the activities of the prosecution service, was an autonomous body in relation to Council of Ministers, President, Sejm and Senate. The reconnection of the functions of the Minister of Justice and Prosecutor General by the 2016 Act gives the Sejm the possibility of parliamentary control of the Prosecutor General. Author indicates the instruments of parliamentary control emphasizing that the Sejm is entitled only to such powers of control that have been clearly defined in the Constitution and laws. Author justifies the thesis that the diversity of the models of functioning of the prosecutor’s office in Poland, as an institution beyond the framework of the classical Montesquieu classification, does not deprive the Sejm of the right to control the prosecutor’s office, which he realizes with the help of diverse means.

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