Control and censorship competencies vested with governors of provinces during martial law Cover Image

Właściwość wojewody w zakresie kontrolii cenzury w czasie stanu wojennego
Control and censorship competencies vested with governors of provinces during martial law

Author(s): Mirosław Karpiuk
Subject(s): Law, Constitution, Jurisprudence, Administrative Law
Published by: Wydawnictwo Uniwersytetu Warmińsko-Mazurskiego w Olsztynie
Keywords: administrative law; governor of the province; control; censorship; martial law

Summary/Abstract: A governor of the province, as a representative of the Council of Ministers at the provincial level, is vested with several competencies, including those concerning defence, security and public order. Governors not only ensure thecooperation of all public administration bodies operating in the province but also, in the event of a threat to state security, direct their activities. Control and censorship duties are also performed in the event of a threat to (external) security of the state to restore its normal functioning, except that they are directed not to administrative entities, but to natural persons, legal persons, and organisational units without legal personality.The aim of this article is to present the status of a governor of the province as a body exercising control and censorship during martial law. The powers of the Council of Minister’s representative in the province, in this respect, affect the area of human and civil rights and liberties. Therefore, they are not subject to a broadening interpretation. Within the framework of activities undertaken with the aim of ensuring national security, governors are entitled to interfere, by way of decisions, in individual rights and liberties. Such interference, however, is not arbitrary; in doing so, they must strictly follow the rule of law, and their actions must aim to restore the normal functioning of the state. The instruments used to restrict human and civil rights and liberties must not be abused. The aim of this article is to present the status of a governor of the province as a body exercising control and censorship during martial law. The powers of the Council of Ministers’ representative in the province, in this respect, affect the area of human and civil rights and liberties. Therefore, they are not subject to a broadening interpretation. Within the framework of activities undertaken with the aim of ensuring national security, governors are entitled to interfere, by way of decisions, in the area of individual rights and liberties. Such interference, however, is not arbitrary; in doing so, they must strictly follow the rule of law, and their actions must aim to restore the normal functioning of the state. The instruments used to restrict human and civil rights and liberties must not be abused.

  • Issue Year: 2022
  • Issue No: 58
  • Page Range: 205-218
  • Page Count: 14
  • Language: Polish