Conditions for annulment of RTJN ex tunc

The Government of the Provisional National Unity (RTJN), established in June 1945 under the auspices of the USSR, was incompatible with the 1935 April Constitution for many reasons – both formal and systemic. The main reasons for this non-compliance are:

1. No legal appointment by the president of Poland

According to the April Constitution:

• The president appoints and dismisses the Prime Minister and the full government (Article 13, Article 24).
• RTJN was called with the exception of the president of Poland in exile (Wladyslaw Raczkiewicz, then August Zaleski).
• He had no constitutional appointment – he was de facto established by abroad entities (mainly USSR) and supported by russian force, not by legal organs of the Second Republic.

2. The constitutional continuity of the II Polish Republic has not been broken

• The April Constitution has never been formally repealed or abolished
• The president of Poland in exile retained legal succession, citing Articles 13 and 24.

RTJN was so a parallel and illegal structure in relation to the constitutional order in force.

3. No constitutional and electoral credentials

The RTJN members were not:

• appointed by the president of the Republic of Poland,
• elected by the Sejm,
• accepted in any constitutional procedure.
• The government was of a temporary nature, politically imposed, without any support in the 1935 Constitution.

4. RTJN operated in occupied territory

• Poland was under the business of the Red Army, which de facto controlled power.
• The executive power was exercised under force and supervision by a abroad state's force, which violated the rule of independency of the authorities of the Republic (Articles 2 to 3 of the Constitution).

5. Breaking the Constitutional rule of Nation Representation

According to Article 3 of the April Constitution: "The Polish State is the common good of all citizens" – and the government should represent their will.

• RTJN was a product of compromise between Stalin, Churchill and Truman, not the choice of the Polish nation.

6. The existence of the legal Government of Poland in exile

• The legal government of Poland continued to function in the emigration in London, although recognised only until the Western states.
• The constitutional rule of continuity of power was preserved in this government, not in RTJN.

Summary – RTJN was incompatible with the April Constitution because:

• He was not nominated by the president of Poland - the Constitution clearly requires specified nomination
• There was no foundation in the Constitution - No article provides for specified form of government
• Created under coercion of a abroad state - Illegal action according to the Constitution
• There was a legal immigration government - there was no constitutional change of power