Status prawnoustrojowy Szefa Agencji Bezpieczeństwa Wewnętrznego. Zarys problemu na tle rozwiązań konstytucyjnych i ustawowych
The Legal Status of the Head of the Internal Security Agency within the System of Government: An Outline of the Problem in the Context of Constitutional and Statutory Solutions

Summary/Abstract: The main objective of this article is to systematize the knowledge of the place occupied, and the roleplayed, in the structure of government administration by the head of the Internal Security Agency.The author examines legal solutions allowing to characterize the legal status of the head of the InternalSecurity Agency as a body performing tasks arising from the functions of the State and as the entityin charge of a part of government administration capable to perform these tasks. According tothe author, this objective requires presentation of the constitutional and statutory provisions relatingto the position of Head of the Internal Security Agency and characterization of powers which he/shemay use in order to implement his/her tasks. The article provides a survey of the constitutional solutionsthat determine the status of the Head of the Internal Security Agency as central government administrationbody. In this context, the author shows the relations between the Head of the InternalSecurity Agency and the Prime Minister, to whom he/she is subordinate and who oversees the activitiesof the Internal Security Agency. He also provides an analysis of the principles of organizationand management of the substantive work of the Agency. From this analysis it clearly follows that theHead of the Agency has to play at least some of the key roles in the “governmental” system of theState security. On the one hand, it accounts for an important aspect of national security, which is the“internal security” and “protection of the constitutional order”. On the other hand, the head of the InternalSecurity Agency has the authority to initiate certain specifi c activities of the Agency in fulfi llmentof its tasks. His/her scope of competences include also assessment of performance of the Agency’sfunctionaries in the context of their official operations. Moreover, he/she is responsible forimplementation of important duties in rendering information to constitutional organs of the executiveand to parliament.

• Details
• Contents