Antoni Ciszewski: In the name and for the Polish Nation
President of Poland, MPs and senators, marshals of voivodships and old age, as well as presidents and mayors of cities and mayors and councillors – they all receive individual right to execute their duties by choosing a sovereign, on the basis of ordered, conducted (without suspicion of manipulation), crucial general elections.
On the another hand, Prime Minister of the Polish Government, president Supreme Audit Chamber, ministers, ambassadors, but besides independent judges, independent prosecutors, candidates for general degrees in the Polish army – they, in turn, receive the honor of service on the basis of the authoritative paper stating this appointment, in individual nomination, at the hands of the president of Poland.
With this explanation, the Prime Minister of the Polish Government has previously designated the Sejm as appointed president of the Council of Ministers, and the president of the NIK according to the Sejm and the legislature at the request of the talker of the Sejm or the number of 35 Members.
Other officials and public officers at the lower level – i.e. officers and officers of the Polish Armed Forces and soldiers of the Polish Armed Forces, officers of the State Police, officers of the State Fire Service, officers of the Customs and taxation Service, officers of the Border defender – receive their individual vocations at the hands of the superior body, depending on the level, given pawn and the degree of service in the state administration.
On the another hand, all appointed officials and public officials make a pledge, whose commitment is faithful and devoted service, in the name and for the benefit of the Polish Nation, who is an undisputed sovereign – as the first (real) owner of public and private rights – i.e. as the first and chief guardian and defender of constitutional rights.
Given the above legal order in the Republic of Poland, as well as the constitutional work in the worthy and liable public service, the last speech of president Andrzej Duda with the Message to the Sejm was a manifestation of deep concern for the affairs of Poland and Poles. At least in that verbal sound.
Unfortunately, but, a kind of ripost of Prime Minister Donald Tusk, contesting any of the sentences spoken by president A. Duda, not only was it unacceptable from a constitutional point of view (because the messages of the president of Poland cannot be discussed in any way in parliament), in addition, it turned out to be a "word grass" of a central public body.
It should be noted that there are no another references in the public service but straight related to the implementation of the state's economical projects and objectives and to the socio-economic improvement of all citizens.
Elements of the electoral process, narrowed by D. Tusk to the game (stricte) political responsibilities are not covered by public responsibilities; in particular, any political considerations are not subject to normative standardisation, and are purely propaganda alternatively than legal and systemic.
The political tendency, outside of the system, is the domain of individuals and environments most frequently conflicted with natural law, i.e. the eternal Law of the 10 Commandments of God and the Law of Love from God in the Holy Trinity, the Law of God, which is based solely on service and assistance to one's neighbor, a good customized derived from people of good will, and from the pragmatism of the law established--with its appropriate knowing of what is good and right, from a normative point.
Prime Minister D. Tusk, seems to be completely unreasonably correct of a functioning state, taking into account first and foremost the primacy of the prerogatives of the head of the state – i.e. the president of the Republic of Poland – in certain areas of duty, and in peculiar the main tasks of the state, specified as: representation of the country on the global stage, interior and external security, constitutional order, defence of the territory of the Polish State.
This constitutional prerogative (Article 126 of the Constitution of the Republic of Poland) of the president of the Republic of Poland, as the highest (and executive) body of the State, binds and subordinates all powers of the Prime Minister and the Polish Government, including duties. In another words, it is the Prime Minister, ministers, voivodes, marshals of voivodships, old age, presidents and mayors of cities and mayors, in the event of an interior and external threat of the state, who are obliged to apply straight to the abovementioned provisions of the Constitution of Poland – on the basis of a normative understanding.
Another issue is that the above-mentioned prerogative does not let the president of the Republic of Poland to presume his passive attitude, in his main function – pro-state and pro-state – as head of state. After all, it is the highest public and executive authority (on the rule of logical reasoning) – in this function there is neither the Prime Minister of the Polish Government nor ministers nor voivodes.
The Polish government, with the Prime Minister at the head, and the voivodes in the field carry out tasks commissioned, in the manner of laws and regulations which are implementing acts.
The regulations issued by the president of the Republic of Poland have a legal basis based on this constitutional prerogative. Depriving the president of the Republic of Poland of an implementing act, with the power of equal law, is illogical and offensive from a legal point of view. Especially since specified an implementing act of the head of state, on the same basis as another laws, is subject to constitutional conformity, reserved exclusively for the Constitutional Court.
In the event of a legal conflict involving the issue of a circumstantial law by the Sejm (III RP) and the issuing of a regulation by the president of the Republic of Poland with the law, the validity and precedence of a given legal act would be decided by the judgement of the Constitutional Tribunal, whose task would be to establish objectively and reliably any normative measurement contained in both acts, subject to simultaneous constitutional control, completed by a judgement of the Constitutional Tribunal indicating a more favourable legal regulation, in the interests of the Homeland and the well-being of citizens.
In this way, the main constitutional duties of the Polish State, as well as executive duties, shared between the president of the Republic of Poland and the Polish Government, would consequence from the real representation, provided for and guaranteed by the Basic Act (the Constitution of the Republic of Poland) for both primates of the above-mentioned authorities of the State.
So understood the constitutional importance of the Polish state, which is closely linked to the integrity and work of the service, at all levels of the public service, would not give any another public authority (e.g. the Prime Minister) the slightest pretext of undermining anyone's service powers, with the exception of the superiority of the constitutional body, and in peculiar the disregard of constitutional prerogatives, reserved exclusively for the chief superior of the armed forces.
Because specified an unopposed will of a lower-ranking body would endanger the apparent defamation of the head of state. With all the consequences of legal or even criminal responsibility, for defamatory presidential office.
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