The Commander-in-Chief* in the Command-and-Control System According to Polish Regulations and De Lege Ferenda Postulates

Malwina Kołodziejczak

doi:10.35808/ersj/2556

War Studies Academy

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Title

The Commander-in-Chief* in the Command-and-Control System According to Polish Regulations and De Lege Ferenda Postulates

Authors

Malwina Kołodziejczak (WBN) ^{[ 1 ][ 6.3 ][ P ]}

^{[ 1 ]} Instytut Bezpieczeństwa Państwa, Wydział Bezpieczeństwa Narodowego, Akademia Sztuki Wojennej | ^{[ P ]} employee

Scientific discipline (Law 2.0)

[6.3] Security studies

Year of publication

2021

Published in

European Research Studies Journal

Journal year: 2021 | Journal volume: vol. XXIV | Journal number: issue 3B

Article type

scientific article

Publication language

english

Keywords

EN

Commander-in-Chief
War
Martial law
Security
Command-and-control system

PL

Dowódcy
Dowodzenie (wojsko)
Naczelny Dowódca Sił Zbrojnych
Prawo
Stan wojenny (prawo)
Systemy dowodzenia
Wojna
Polska

Abstract

EN Purpose: The aim of the research is to characterize the role and position of the Commander-in-Chief of the Armed Forces in the Republic of Poland in command-and-control system, including the appointment procedure and functioning afterwards. Design/Methodology/Approach: During research the author uses the method of legal and comparative analysis, and structural and functional analysis, as well as the method of synthesis, deduction, and reduction. However, the method of interpretation is also important, which make it possible to interpret legal. Due to the nature of the topic, the author uses elements of the concept - descriptive and improving, functional and modelling as well as diagnostic and functional. Findings: The main hypothesis refers to the assumption that the role and place of the Commander-in-Chief of the Armed Forces in the Republic of Poland is regulated to a limited extent, because the current legal provisions do not treat this matter in a comprehensive manner. The result is doubts as well as existing gaps in the law (both extra legem and intra legem). The Commander-in-Chief should take and play the leading role and place. Therefore, considering experience of other states and the available tools and means, considering the changes at the constitutional level, the assumption was made that the President of the Republic of Poland should be Commander-in-Chief. Practical Implications: In this paper the author describes contingencies that may give rise to the appointment of the Commander-in-Chief and analyses the provisions of the Commander-in-Chief’s functioning in peacetime and in wartime and presents some hypothetic solutions. Originality/Value: Politicians, decision-makers and academics have been discussing the role of the Commander-in-Chief of the Polish Armed Forces in Poland for several years. Currently, efforts are underway to develop and implement new comprehensive legal basis for position and role of the Commander-in-Chief and to streamline the existing regulations through the amendments of relevant legal acts. In this context, it is pertinent to reflect on the role that the Commander-in-Chief would play during a war or under martial law as well as in the case of acts of terrorism and cybersecurity threats.

Pages (from - to)

1041 - 1050

DOI

10.35808/ersj/2556

URL

https://www.ersj.eu/journal/2556

License type

CC BY (attribution alone)

Open Access Mode

open journal

Open Access Text Version

final published version