Headship, Control and Command of the Polish Armed Forces in the Context of Constitutional Regulations Cover Image

Zwierzchnictwo, kierowanie i dowodzenie w Siłach Zbrojnych RP na tle regulacji konstytucyjnej
Headship, Control and Command of the Polish Armed Forces in the Context of Constitutional Regulations

Author(s): Agnieszka Bień-Kacała, Tomasz Kacała
Subject(s): Constitutional Law
Published by: Kancelaria Sejmu
Keywords: headship; control; command; Polish Armed Forces (PAF); President; Minister of National Defence (MoND)

Summary/Abstract: The current political-military situation enforces verification of existing structural and procedural arrangements relating to the functioning of Polish defence system. According to a number of conceptual documents (including National Security Strategy of 2014) the system consists of two kinds of subsystems: the controlling and the executive. The latter kind of subsystems includes operational and supporting sorts. The Polish Armed Forces (PAF) are the key element of the national defence system and are subject to civilian supervision of the democratic authorities. With regard to this kind of supervision there are two primary (fundamental) notions that deserve particular attention: headship and control. Both forms of supervision are reserved for civilian authorities during peacetime, respectively for the President of Poland and the Minister of National Defence. During the war time, the Council of Ministers gains greater importance in controlling the state defence. In this context, the category that invariably remains in the PAF domain is command understood as a specific form of control. Noteworthy, however, is the fact that the war-time PAF command structure, considering existing legal regulations, does not seem fully optimized. Therefore the reform of PAF control and command system, initiated in 2014, requires continuation and completion.

  • Issue Year: 2015
  • Issue No: 5
  • Page Range: 41-53
  • Page Count: 13
  • Language: Polish