[b][i]The Direct Control of Executive Organs over the Armed Forces of the Republic of Poland[/i][/b]
Journal Title: Krytyka Prawa. Niezależne studia nad prawem - Year 2010, Vol 2, Issue 1
Abstract
The following issues are presented in three separate chapters: 1) the President of the Republic of Po-land as the highest authority of the armed forces; 2) the general supervision of the government in the area of national defence; 3) Military command and the specificity of the armed forces. On account of their scope, the author particularly focuses of the special powers of the President, i.e. the President as the superior of the Armed Forces. The authority of the President over the Armed Forces should not exceed the constitutional and legislative power, and should at the same time be in line with the tasks and the power of the Council of Ministers (and the government in general – see below) and take into account the requirements of the parliamentary control. The President performs his tasks (his func-tions) - in accordance with art. 126 paragraph 3 of the Constitution – within the scope and according to the rules that are defined in the constitution and the laws, which means the obligation to perform only within and based on the constitutional and legislative power. That is why the “task” regulations, which cannot be the ground for acts of power, should not be confused with the regulations concerning authority, which can be the ground for such acts. Even the description of “highest” authority of the Armed Forces does not authorize the President to arbitrarily divide the corresponding authority be-tween executive organs, i.e. the President himself and government organs.
Authors and Affiliations
Wojciech Sokolewicz
Keywords
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- EP ID EP62281
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