President of a Committee Specifi ed in Statute as a Member of the Council of Ministers Cover Image

Przewodniczący określonego w ustawie komitetu jako członek Rady Ministrów
President of a Committee Specifi ed in Statute as a Member of the Council of Ministers

Author(s): Maciej Pach
Subject(s): Constitutional Law
Published by: Kancelaria Sejmu
Keywords: president of the committee specified in statute; Council of Ministers; government; composition of the government

Summary/Abstract: The article provides an analysis of the constitutional position of presidents of committees specified in statutes. In accordance with Article 147, para. 4 of the Constitution such presidents may be appointed to membership in the Council of Ministers. But so far this regulation attracted little interest from scholars. The analysis covers both constitutional solutions and the practice of the period of Polish People’s Republic, when for the first time in the history of Polish constitutionalism presidents of committees were accepted as members of the government, as well as legal regulations and practice of the Third Republic of Poland. In the author’s view, in the application of the above-mentioned Article more negative than positive experiences occurred. Moreover, due to the complexity of normative regulation relating to the said office — combining the elements of a collective (committee)with a one-person management (president of a committee) — interpretative problems may arise. The author claims that the current trend to not apply Article. 147, para. 4 of the Constitution will be continued in the political practice.

  • Issue Year: 2015
  • Issue No: 4
  • Page Range: 25-54
  • Page Count: 30
  • Language: Polish