This article concerns the legal status of the Commander-in-Chief of the Polish Armed Forces (Naczelny Dowódca Sił Zbrojnych). This is one of the most significant state organs for security that is nominated for a time of war. The main elements of his legal status were defined in the Constitution of the Republic of Poland and elaborated in the statutory regulation. Pursuant to these documents this organ is subordinate to the Head of State and his functioning is defined during a war. His basic competences embrace commanding of the Polish Armed Forces together with ensuring the co-operation of the subordinated forces with their allied counterparts in planning and conducting the military operations. He bears the constitutional responsibility for the violation of the Constitution and the statute. Nevertheless, this regulation is neither comprehensive nor holistic. The reason of this is the fact that some of its components require various rules of interpretation (e.g. neutrality concerning the political issues), whereas the other have not been regulated at all (e.g. the demands in respect to the candidates). For these reasons it was demanded to specify the legal status of the Commander-in-Chief of the Polish Armed Forces. 

Sejm as the Competent Authority Responsible for Indictment against the Commander-in-Chief of Armed Forces to Constitutional Responsibility before the Tribunal of State

The control function of the Sejm does not imply that it has the power to directly control the armed forces. Control powers may be exercised only against certain civilian authorities authorized to control and direct the armed forces, such as the Council of Ministers or the Minister of National Defense. It is the responsibility of the government to ensure the external security of state and the general direction of defense in the country. The Commander-in-Chief of the Armed Forces is appointed and dismissed by the President of the Republic of Poland at the request of the President of the Council of Ministers, only during the time of war. He is subordinated to the President of the Republic of Poland. That implies the existence of subordinated position between those authorities. Therefore, the Author of this paper is wondering whether the right to indictment against of the Commander-in-Chief of the Armed Forces to constitutional charges to the Tribunal of State shall be within competences of Sejm. Such competence of the Sejm may be interpreted as a mechanism for assessment of the activity of the President himself, which in the light of the constitutional principles of division of powers is not allowed.

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.

Supreme command of the President of the  Republic of Poland of the Armed Forces (selected subjects)

The article presents the status of the President of the Republic of Poland in the executive structure in Poland, taking into account the judgment of the Constitutional Tribunal on the dispute settlement between the Prime Minister and the President of the Republic of Poland (Kpt 2/08). The author also defines the Presidential power of „supreme command” over the Armed Forces of the Republic of Poland (Polish Constitution, Article 134) and the manner in which it is exercised it in times of peace (through the Minister of National Defence), as well as in times of war (through the Commander-in-Chief of the Armed Forces). The article also shows selected specific powers of the President provided for in the statutory law.