PRAWNE ASPEKTY FUNKCJONOWANIA RADY GABINETOWEJ W POLSCE
LEGAL ASPECTS OF THE FUNCTIONING OF THE CABINET ADVISE IN POLAND

Summary/Abstract: The article is devoted to the functioning of the cabinet council in the polish legal system. The cabinet council consists of the council of ministers, sitting under the leadership of the president, who has the exclusive right to summon it. However, no binding decisions can be made at meetings of the cabinet council. The cabinet council doesn’t have the competence of the council of ministers. This body has only a consultative nature. Currently, it is a completely forgotten and not valid institution. Its full bloom is the period of Aleksander Kwaśniewski’s presidency in 1995-2005. The aim of the article, apart from the very description of the institution of the cabinet council in the polish constitutional order, is to indicate the reasons for its negligible use in recent years. The withdrawal from summoning it, perceptible since the presidency of Lech Kaczyński, which fell in 2005-2010, is caused, firstly, by the lack of the obligation imposed on the president to consult his decisions with the council of ministers, and secondly, by the inability to make binding decisions by the cabinet council. These reasons lead to the statement, which is the research thesis, that the cabinet council is not a requisite body for the functioning of the president of the republic of Poland and the council of ministers.

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