Legal opinion on presented by President of Republic Act amending Act on Martial Law and Act on Competence of Commander-in-Chief of the Armed (...) Cover Image

Opinia prawna na temat przedstawionego przez Prezydenta Rzeczypospolitej Polskiej projektu ustawy o zmianie ustawy o stanie wojennym oraz (...)
Legal opinion on presented by President of Republic Act amending Act on Martial Law and Act on Competence of Commander-in-Chief of the Armed (...)

Author(s): Andrzej Szmyt
Subject(s): Law, Constitution, Jurisprudence
Published by: Kancelaria Sejmu
Keywords: Poland; armed forces; martial law; security;

Summary/Abstract: The opinion relates to presidential project amending Act on martial law and Act of competence of Commander-in-Chief of the Armed Forces and its subordination to constitutional authorities of Republic of Poland and other acts, which was introduced to Marshal of the Sejm on 10th of July 2011. This project amends Acts contained in its title and Act on State of Emergency and Act of state of natural disaster. Author stresses that legislator should pass laws, which brings new legal norms, which are not included in current law. In opinion of the Author, interpretation of current law shall provide to conclusion that presidential project contains norms, already binding at the moment of introducing the amendment. Author criticizes definition of “cyberspace”, proposed by the project. In Author’s opinion this definition is not precisely specified. At the end of the opinion, Author repeats the thesis that, he doubts in necessity of this amendment, presented at the begging.

  • Issue Year: 2012
  • Issue No: 1
  • Page Range: 172-176
  • Page Count: 4
  • Language: Polish