The creation of a special body whose sole purpose is to rule on violations of the constitution or statutes by senior state officials, including the president, is relatively rare. Only Greece and Poland have implemented such a solution and until recently also the French law provided such a possibility but the amendment of the Constitution in 2007 changed the legislation within that scope. The subject of the study is the analysis of Polish regulations concerning the State Tribunal in the context when the National Assembly adopts a resolution to put the President in charge of committing a constitutional delinquency.

Genesis of the republican Head of the State in Poland

The article presents the genesis of the republican Head of State in Poland after the First World War (until the adoption of the March Constitution). It was a particularly important moment when the election of the form of government of the Polish State being rebuilt took place. The Author draws attention to the significant relationship between historical events taking place during the First World War, including especially political changes happening in the partitioning states influencing the decision for choosing the republican path.

The aim of this article is to present the system of state authorities in the Republic of Uzbekistan, shaped under the provisions of the existing fundamental law amended in 2014. We will also address the question whether the implemented reform of an institutional character means the adoption of a democratic form of government.

Hungarian constitutional system has a number of characteristics, including division of power. This is a result atypical evolution of the political system in Hungary after 1989. Most of the countries of Central and Eastern made a thorough reconstruction of the political system in the nineties of the twentieth century, many constitutions were adopted in 1991–1994. Otherwise had done Hungarians, making a 1989 amendment to the Constitution of 1949. and the adoption of a new constitution putting off indefinitely. Completely new Fundamental Law was adopted only in 2011., in force since 1 January 2012. It introduced in the Hungarian constitutional system significant changes, modifying the way the principle the division of powers. The changes seem to be rational, and therefore to be expected that the Hungarian model finds followers.

Position of the President of the Turkish Republic of Northern Cyprus

The subject of this article is an analysis of the position of the President of the Turkish Republic of Northern Cyprus (TRNC). TRCP is considered as the so-called quasi-state, also referred to as “unrecognized state”. In the first place a notion of a quasi-state was discussed and reasons for which this systemic being must be subject to analysis from the point of view of constitutional law were given. The main part of the article is dedicated to a detailed description of the most important regulations related to TRNC President, such as method of election, responsibility, his competence towards legislative authorities, executive bodies and judiciary units. Separate considerations were intended for competence of TRNC President with regard to defensiveness and security, which are crucial due to complicated legal and international situation of TRNC. Also, an attempt to evaluate the presidency model applicable in TRNC Constitution in terms of classifying it as one of the models distinguished in the doctrine was taken. Besides, the impact of constitutional regulations of Turkey being the so-called “patron state” for TRNC on TRNC systemic solutions was discussed.

Divesting the Ukrainian President of power by parliament in 2014 (constitutional analysis)

The article brings up issues of the removing V. Janukovych from power by Ukrainian parliament in February 2014. For that reason resolutions from that period passed by Verkhovna Rada of Ukraine (concerning divesting V. Janukovych of president’s power) were discussed, particularly Resolution on February 22nd, 2014 on Self-Removal of the president of Ukraine from his Constitutional Authority and Early Elections of the president of Ukraine. Thorough analysis of Ukrainian parliament’s resolutions mentioned above in the light of legally binding Ukrainian Constitution at that time, judicial decisions of the Constitutional Court of Ukraine and literature, leads to conclusion, that the divesting V. Janukovych of power by Verkhovna Rada of Ukraine occurred with violation of the Fundamental Law of Ukraine, first of all, principles of: people’s sovereignty, state power division, rule of law and supremacy of Constitution, legality of acting of bodies of state power, ban of state power usurpation, too. This analysis proves an assumption made in the article that Verkhovna Rada of Ukraine divested the Ukrainian president of power unlawfully.

Conceptions of the head of state in drafts of the Polish Constitution of 1918–1921

The article deals with a conception of the head of state while working on the March Constitution. The first part presents motives for adopting a republican form of the future system of Poland and describes draft constitutions drawn up by the Constitutional Bureau of the Presidium of the Council of Ministers. The second part presents characteristics of a political status of the head of state in the draft of the so-called “Survey,” the draft of W. Wakar as well as the governmental “Constitutional Declaration” and the draft of the Popular National Union. Moreover, it describes controversies connected with the titles of “Chief” and “President.” The third part presents a description of views on the head of state revealed during the works of the Constitutional Committee as well as in the second draft drawn up by the Council of Ministers, along with amendments made by the Skulski’s government. The last, 4th part discusses causes which influenced the final shape of the office of President in the March Constitution.

The referendum on the dissolution of the parliament held in Latvia on July 23, 2011

Of the numerous direct democracy instruments present in the Latvian Satversme, one of the most interesting solutions is the mechanism of a referendum concerning dissolution of the parliament, initiated by the head of state. A spectacular, and so far the only, example of application of this mechanism was the referendum held on 23 July 2011, as a result of which the Latvian Saeima was dissolved. The article analyzes the constitutional provisions that define this form of direct democracy, taking into account the Latvian political practice. The article focuses on the application of this institution in 2011 and emphasizes the associated social and political conditions. On the background of the Latvian constitutional and political system, in particular the mutual relations between the President of the State and the Saeima, the article presents the importance of this instrument to the Latvian political system and an evaluation of its potential with regard to the system of government.

The president’s command over the Polish Armed Forces during a war

The objective of this paper is to analyse normative grounds for the president’s exercise of command over the Polish Armed Forces during a war. As a result of his research conducted, the author states that significance of the head of the state as regards military affairs in the period of war is subject to visible formal enhancement as compared to the period of peace. This is mainly due to the direct method of fulfilment of the president’s functions under Article 134, par. 1 of the Constitution and the president’s power to appoint the Commander-in-Chief of the Armed Forces, who reports directly to the president. However, effective exercise of the president’s command over the army during a war may prove difficult. The reasons for this may be, among others, problems in determining, whether there is a period of war in the territory of the Republic of Poland, it is necessary to act jointly and cooperate with the Prime Minister or there are no legal provisions relating to functions of the state during a war, including, supervision over defense of the state. Additionally, the author indicates to some legal gaps relating to the institution of Commander-in-Chief of the Armed Forces, as a result of which the current normative status of the subject issue has to be evaluated as very poor.

National Security Council

National Security Council is an advisory body to the President of Poland on issues relating to internal and external security of the country. This body is not equipped with any powers of a governing nature, its role is focused on advising the President on matters of national security. The Constitution does not specify who may be a member of the Council, leaving decisions on the composition of RBN to sole discretion of the head of state. The actual role of the National Security Council is determined by the activity of the President, who convenes sessions of that body, and also sets themes for such meetings.

The complexity of the concept of energy security  and its basic principles in the Constitution

One of the important dimensions of the evaluation of society existence is energy security. Providing the right framework for the electricity sector is the basis for the operation of this type of security in its economic dimension, and so this issue can be seen as one of the top priorities of energy policies. This raises the need for an appropriate legal framework to enable proper interaction of administration bodies responsible for the overall relations, both inside and outside the state. Associated with this is also the issue of the appropriate rank of the fundamental – constitutional – norms. The Polish example of a system of constitutional law shows that, despite the lack of a reference to this issue in the Constitution, by means of interpretation of “sustainable development” (art. 5 of the Constitution of the Republic of Poland) one can find the relevant legislation, allowing the chief state authorities to carry out the activity in relation to the issue of “energy security”.

Formation of cabinet in countries of Central and Eastern Europe:  comparative analyze

The existence of cabinet in parliamentary systems of government depends on the parliament, which appoints and dismiss cabinet. Aim of the article is comparative analyze of cabinet appointment method in 11 post-communist countries of central and eastern Europe, which are members of European Union, based on constitutional provisions. Research question is whether constitution leave the presidents, who formally nominate the governments, the possibility of real influence on the cast of prime minister post. As a result, I position constitutions on a two dimension scale in which the ends are countries in which the president in principle has no possibility appoint the cabinet against the will of the parliamentary majority (the Czech Republic, Bulgaria, Estonia, Poland and Slovenia) and countries where the constitution formally leaves the President ability to influence the composition of the government (Lithuania, Hungary and Slovakia). Other countries (Croatia, Romania, Latvia) are in between these extremes.

The Institution of the Oath of Office of Head of State in European States

This article as one of the first in legal – not only polish-language – literature presents a comparative analysis of the issue of a head of state’s oath of office. The paper underlines differences, similarities and peculiarities in legal regulations of the institution of the oath of office in regard to European presidents and monarchs. The study touches especially on such topics as the oath formula, its optional or obligatory religious dimension, the time of taking the oath, the subject which officially receives it, consequences of taking the oath and legal effects of the oath’s infringement. The basic normative analysis, both on constitutional and statutory level, was supplemented with remarks on the practice of the given institution, for example the oath’s taking ceremony. Description of presidential or royal authority in particular states is not complete without a reference to the institution of the oath of office. The arguments undertaken in the article aim to prove that the title subject cumulates several relevant issues, which are noteworthy for jurisprudence. Taking the oath of office by any president or monarch is not so much a solemn symbolic event as conventional activity important in view of the legal order.

System of Government of the Republic of Poland in the light  of the proposals of its changes

System of government of the Republic of Poland, based upon the Constitution of 2 April 1997, is considered as an appropriate. It created a base for the stable governments and alternation of power without conflicts. Since its introduction, not major government’s crisis was noted. Some tensions between President and the Premier Minister has occurred, however, during a cohabitation between President Lech Kaczyński and Premier Minister Donald Tusk (1997–2000). Controversies in the question of representation of the Republic of Poland in the European Council has been solved by the Constitutional Tribunal. It occurred however a problem, whether level of 3/5 to override presidential veto is not too high in situation, when President has backed an opposition and make impossible to fulfill the fundamental reforms introduced by the Committee of Ministers. The death of President Kaczyński make this controversies un-actual. When occasion of changes of Constitution may occurred, this problem should be analyzed in the context of rationalization of those regulation.

Institution of President’s oath of office in the Polish legal order

The President’s oath of office is a solemn declaration taken in the presence of the National Assembly by which a new head of state swears to be faithful to the provisions of the Constitution; to steadfastly safeguard the dignity of the Nation, the independence and security of the State, and also that the good of the Homeland and the prosperity of its citizens shall forever remain his supreme obligation. The oath of office has been taken by all Presidents of the Republic of Poland, from Gabriel Narutowicz in 1922 to Bronisław Komorowski in 2010. Over the span of 90 years the words and the form of the oath of office were subject to changes. In the interwar period, the President’s oath of office was religious in nature and was articulated in following words „I swear to Almighty God, One in the Holy Trinity”. After World War II, i.e. between 1947 and 1952, the President’s oath of office partially lost its sacral dimension, although it was still ended with obligatory Invocatio Dei. Nowadays, namely from 1992, secular oath of office may also be optionally taken with the additional sentence „So help me, God”. President’s oath of office is an example of a specific type of legal institution that originated from interaction between different normative systems. This institution combines law with morality, religion and custom. Legal relevancy of the President’s oath of office reveals itself in the fact that swearing-in is a condition which President has to fulfill to take over the office. Whereas infringement of the oath of office can be one of the grounds, rather than the only ground, for Presidential impeachment before The Tribunal of State. Swearing-in is a crucial element of Presidential inauguration. Official schedule of the first day of the Presidential term also contains taking control of the Armed Forces and receiving insignia of the two highest polish orders (The Order of the White Eagle and The Order of Polonia Restituta). The President also participates in the Eucharist held in the Archcathedral in Warsaw, which is rather a private ceremony. Characteristic of the given institution requires not only the analysis of the law but also its practice. Analysis of statues and other normative acts should be accompanied by empirical case study.

The political position of President of the Czech Republic in view  of recent amendments to the Constitution of 8 February 2012

The subject of the article below is the appearance of Czech Republic President’s political position under the newest amendments to the Constitution from February 8, 2012. At the beginning, reasons for the Constitution to be corrected were pointed out, which among all, had a political background. Later, the article focused on the presentation of detailed analysis of each change. With the historical support, a comparison was made between the current basic law and its previous version, as well as the comparison between the traditions of Czech and Czechoslovakian constitutionalism. The most important change was the introduction, common for the presidential or semi-presidential system method of choosing the head of the state in common elections, which occurred by limiting president’s prerogatives and normalization of the range of president’s responsibilities, stepping out of the rules of law and the constitutional irresponsibility of the head of the state.

Criminal liability of the head of the state on the example of the President of Romania

The Constitution of Romania of 1991 provides the President with an immunity. Exclusion from prosecution granted by the immunity is not only connected with the lack of legal liability for statements or political opinions stated by the President in the course of his office and after. The President is protected from the liability during the course of office and after his mandate expires also as far as actions and damages inflicted in connection with his powers are concerned. Analysis of the President’s liability requires distinction of constitutional and criminal liability. Constitutional liability includes liability towards the electorate as well as suspension from the office which can result in the recall of the President. Criminal liability, on the other hand, should be associated with the lack of civil and penal liability for actions and opinions stated by the President in the course of his office and after. However, according to the Article 96 (1) of the Constitution the Parliament is entitled to indict the President for the high treason. The constitution limits the President’s criminal liability only to penal liability for the high treason. It does not regulate the President’s immunity in other penal issues.

Criminal liability of the President of Poland 

In this paper, we presented the criminal responsibility of the Republic of Poland President before the Tribunal of State and related issues. Objective scope of this responsibility against other republican European countries was described. Time scope of the criminal responsibility of the president as well as matters related to the procedure and modes of impeachment by the National Assembly have also been mentioned. In the second part of the paper, we presented the right to fair trial issues and characterized the role of the Tribunal of State as the adjudicating body in the criminal proceeding. International Criminal Court judicature was also mentioned.

Early termination of parliamentary plenipotentiary powers illustrated  by the cases of Poland and the Czech Republic

This paper concerns early termination of representative body’s term of office executed by the head of the state. The competence has a character of sanction that occurs in case of improper parliamentary performance. It takes on an obligatory or optional form. The act of the President does not require countersignature. The major difference between Poland and the Czech Republic consists in the effect of the institution application. It is not automatic in Poland – the period of parliamentary operation is extended in time and expires the day before the Sejm of the new term gathers. Whereas in the Czech Republic we deal with immediate termination of the lower house activity. Unlike in Poland, the end of the lower house term of office does not affect duration of the Senat plenipotentiary powers. Concerning the termination of term of office under the constitutional act, it needs to be emphasized that there are doubts regarding possibility of its passing in Poland. The reasons for that include regulation of the institution expressed in the constitution in the apparently complete way and the lack of separate constitutional act in the catalogue of the law sources. The Czech Constitutional Court recognizes such an act as being in contradiction with the Czech constitution, which may be additional argument in the discourse.

The countersignature as a determinant of the system of government

The task undertaken by the Author of the article is to demonstrate that the countersignature is such a significant element of the system of government established in a given state that the existence or lack of the countersignature, as well as the method of incorporating it into the procedure of a given model of government, determines which particular system or which of its modifications had been accepted on the grounds of a given constitution. In the article it has been also proved that the constitutional principles have only general influence on the regulation of the countersignature. Many of them are necessary for the countersignature to function, however their establishment in the constitutional law do not determine the existence of the countersignature. The most important factors that decide whether this institution exist are components of the system of government, such as the dualism of the executive power and the assumption of lack of political responsibility of the head of the state. These features occur together within the parliamentary system. In order to prove the aforementioned thesis, a typology of the systems of government has been presented, then – after indicating the systems in which the countersignature does not exist and presenting the reasons of such situation – the countersignature and the form in which it has been adopted, in regard to the degree of the modification of the system, has been systematized.