The study presents the position of administrative courts relating to the issues of presidencial prerogative related to the appointment of judges. For years now, administrative courts have been consistent in not recognizing their competence to adjudicate in matters regarding President̀ s decisions concerning the appointment of judges. The arguments of the courts can be divided into several groups: 1) those connected with prerogatives and non-inclusion of the President among the organs of public administration, 2) those referring to the principle of the separation of powers, 3) those regarding the way the President̀ s decisions are classified. It is flagging out a certain new trend in the case-law of administrative courts, relating the classification of certain activities of President of Republic of Poland as activities of public administration in a functional sense.

The Political Position of the President in the Parliamentary and Semi-presidential Systems in the Light of the Lithuanian Constitutions of 1922 and 1992

This article aims to analyze the political position of the president in the parliamentary systems of interwar Lithuania and the semi-presidential system of modern Lithuania. The analysis covers the regulations of Lithuanian constitutions of 1922 and 1992. The article assesses the most important legal provisions concerning the political position of the head of state. The subject of the analysis is still relevant, as Lithuania, like during the first independence period, adopted the same political system, restoring its pre-war solutions (including reactivating the institution of the head of state). Identifying the differences and similarities in the systemic position of the institution of the head of state in the light of the Lithuanian basic laws seems to be an issue worth scientific research.

The Syntactic and Chronological Structure of the Article 10 section 2 of the Constitution and Voting Legitimacy of Governments of the President of the Republic of Poland

The subject of the foregoing considerations will be the adequacy of constitutional and political competences of the President to the investiture method of a given person assigned to act in this office. Political and legal view of this issue will comprise, in particular, reflection on the division of powers, the impact that citizens may have on the state, the analysis of relations between entitlements and elections, as well as the study of opinions in the referred scope. The aspects of the states of emergency have been omitted here. In the article uses formal-dogmatic, comparative, and historical method. The aim of limiting the President’s influence on politics is to maintain state balance. However, according to the syntactic and chronological construction of the Art. 10 sec. 2 of the Constitution, the institution of the President should be strengthened so that it would be a real organ of the „first place”.

Prerogatives of the President of the Republic of Poland and His Scope Discretionary Power to Appoint Judges

The thesis analyses the extent of the Polish President’s discretionary power to appoint judges. The starting point for the discussion is an examination of the origins of the term prerogative and its appearance in Polish literature, followed by an analysis of the constitutional position of the President of the Republic of Poland in the powers’ system. The paper posits two theses. The understanding of prerogatives in Polish legal science fundamentally differs from that of the British term Royal Prerogatives. The constitutional model of the President’s position in Art. 126 of the Constitution assumes an active presidency. Although the President is not entitled to conduct the affairs of the State, as the head of State, using his powers, he performs the functions of the Constitution’s guardian and the arbiter as a guarantor of the continuity of State authority.