Act of March 11, 2022. on defense of the Homeland is a classic example of an “executive act” for the constitutional regulation of issues related to state security, including military security. The Homeland Defence Act contains the so far missing specification of the normative solutions contained in the Constitution of the Republic of Poland of April 2, 1997. They concern in particular the development of regulations concerning the following constitutional issues: the Armed Forces of the Republic of Poland, the duty of a Polish citizen to defend the Homeland, the President of the Republic as the supreme commander of the Armed Forces of the Republic of Poland and the Council of Ministers as the body that ensures the external security of the state and exercises general management in the field of national defense. The main goal of the legislator is to replace the archaic and incompatible with the current needs and tasks of the Polish state and the Armed Forces of the Republic of Poland regulations contained in the Act of November 21, 1967. on the general duty to defend the Republic of Poland.

The European Economic Community/European Union was born as an economy-oriented organization, which was to facilitate rebuilding of the Old Continent after WWII through extensive cooperation, particularly in trade. However, the appetites of the state leaders were growing along the progress of the integration processes; the economic success was an argument for further integration of the European countries. Due to this, the organization was given the ability to make decisions and influence decision-makers at the national level in subsequent spheres that earlier were the sole prerogative of states. Still, for many years EU members determinedly guarded their competences regarding broadly understood security, predominantly defence. Successive attempts to accelerate integration in this area were not effective enough to develop a real common defence policy. One of the last initiatives, Permanent Structured Cooperation (PESCO), is supposed to help change this situation. It is therefore necessary to pose several questions: What is PESCO? What is EU members’ attitude towards developing this form of cooperation? What does this cooperation look like at the early implementation stages? What factors determine the involvement of the ‘old’ and ‘new’ EU member states? This article is an attempt to answer these questions.