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  • 12 - Division of Competences in the Field of Foreign Relations in the Polish Constitutional System

  • from Part III - Powers and Processes
  • Edited by Helmut Philipp Aust, Freie Universität Berlin, Thomas Kleinlein, Friedrich-Schiller-Universität, Jena, Germany
  • Book:
    Encounters between Foreign Relations Law and International Law
    Published online:
    20 May 2021
    Print publication:
    03 June 2021, pp 252-273
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  • Summary

    Foreign relations law is treated in Poland as part of constitutional law. One of the most important issues is the distribution of competencies in this field among state authorities in the light of the 1997 Constitution. This is mainly the domain of the executive, which is dualistic: it consists of the President and the Council of Ministers (government). In principle, the tasks and competencies in foreign relations belong to the government, while the President has competencies only in the cases specified in the constitution and in the laws. There is, however, a constitutional obligation of the President to cooperate with the government in the field in question. The competence dispute over the representation of Poland in the European Council settled by the Constitutional Tribunal in 2009 was spectacular. The President's limited constitutional powers do not prevent him from showing significant political activity in foreign relations and military cooperation.