Ewolucja pozycji prawnej ministra
The evolution of the legal position of a minister

Author(s): Kamil Kaczmarek
Subject(s): Administrative Law
Published by: Wydawnictwa Uniwersytetu Warszawskiego
Keywords: minister; legal position; government administration; Council of Ministers; department of government administration
Summary/Abstract: The publication concerns the issue of the legal position of a minister, which is regulated primarily by the provisions of the Constitution of the Republic of Poland of 1997 and by statutes. The analysis shows the evolution of this legal position, which took place due to the existence of many fundamental laws in Poland, shaping the competences of ministers in a different way. In this respect, particular attention has been paid to selected provisions of the Constitution of the People’s Republic of Poland of 1952, as well as the Small Constitution of 1992, thus acts that directly preceded the binding Constitution of the Republic of Poland and had some impact on the shape of the current systemic solutions. The discussion of the scope of competences and duties of ministers was carried out within the framework of three spheres of the legal position of a minister, which can be distinguished on the grounds of the provisions of the currently binding constitution. These spheres are: the function of a member of the Council of Ministers, the function of a minister heading a department of government administration, and the function of a minister performing tasks assigned by the Prime Minister.

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