The Legal and Constitutional Status of the Council of Ministers in the Sphere of the Military Security of the Republic of Poland

Abstract

The Council of Ministers is one of the bodies of the executive power, with jurisdiction over matters of state security. It performs tasks in this field either independently or in cooperation with the President of the Republic of Poland. It is obliged to ensure both internal and external security of the state, for which it also bears responsibility. As external security involves, to a large extent, military threats, the powers vested in the Council of Ministers also refer to the sphere of the state’s defence system. Defence tasks are of strategic importance not only for the proper functioning of the state but also for its existence. Armed conflicts can lead to the loss of independence or part of the state’s territory. Therefore, defence policy should be a priority among the policies established and implemented by the public authorities, including the Council of Ministers. It is, on the one hand, a collegial body as a whole. On the other hand, it consists of single-member bodies which also have the  jurisdiction over military security (including the Prime Minister and the Minister of Defence). This strengthens its legal and constitutional standing in the sphere of state security, in the context of current or potential military threats.