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SUPERIOR POWERS OF THE PRIME MINISTER WITHIN THE STRUCTURE OF GOVERNMENT ADMINISTRATION (Kierownicze kompetencje Prezesa Rady Ministrów w strukturze administracji rzadowej)

100%
Sarnecki P.
Przegląd Sejmowy
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2011
|
issue 3(104)
57-71
EN
According to the Constitution of the Republic of Poland, the Prime Minister performs the functions of 'coordinator and controller of the work of members of the government' in carrying out of the task 'to ensure the implementation of the policies adopted by the Council of Ministers' (Article 148(4) and (5)). Those functions of the President of the Council of Ministers are specified in detail in secondary legislation. They are contained in 150 statutes currently in force. This article attempts to classify these competences. They may be arranged into the following groups: organizational powers, appointment powers, issuance of guidelines and instructions, direct management over matters assigned to individual ministers. Considering those numerous competences, contained both in the Constitution and statutes, the author puts forward a proposal to recognize the Prime Minister, formally, in Article 10 of the Constitution as the third element of the executive power, in addition to the Council of Ministers and the President of the Republic.
2

ÚSTAVNÝ STATUS PREDSEDU VLÁDY

100%
Giba M.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
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2023
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vol. 106
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issue 1
3 – 11
EN
In this article, the author deals with the question of whether, in terms of the Constitution of the Slovak Republic, the Prime Minister should be considered as a member of the Government. The question may seem strange or unnecessary at first glance. However, the need for its thorough and correct analysis has emerged from an opinion presented in the theory, according to which, where the Constitution speaks of members of the Government, it means all its members except for the Prime Minister. This opinion has been repeatedly presented by Radoslav Procházka. This article is a response to the stated opinion, which the author considers legally untenable. Based on the analysis of the constitutional position of the Prime Minister, the author demonstrates in detail why, in Slovakia, the Prime Minister has the status of a member of the Government and is to be considered as such. In the paper, the author also explains some essential connotations of the constitutional position of the Prime Minister.
3

DEMISIA VLÁDY Z DÔVODU DEMISIE JEJ PREDSEDU

88%
Giba M.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2021
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vol. 104
|
issue 4
306 – 317
EN
In this article, the author analyses the provision of Art. 116 par. 5 of the Constitution of the Slovak Republic. As a result of the resignation of the Prime Minister, this provision enshrines the resignation of the entire government, but does not specify exactly how these processes should take place. In recent times (2018, 2021), the constitutional practice has twice produced a situation where the government ceased to exist due to the resignation of the Prime Minister. In both cases, there have been steps on the part of the government that can be assessed as illogical and incorrect. The aim of the author is to subject this course of action to a critical analysis, taking into account the constitutional definition and functioning of resignation in the conditions of Slovakia. On this basis, the main goal of the author is to formulate how all procedures should be conducted in a constitutionally compliant manner in the event that the government is resigned due to the resignation of the Prime Minister.
4

WLADYSLAW GRABSKI'S GOVERNMENT (FROM 23RD OF JUNE TO 24TH OF JULY, 1920) (Rzad Wladyslawa Grabskiego (23 VI-24 VII 1920 r.), sklad, dzialalnosc i pozycja wobec Rady Obrony Panstwa)

88%
Goclon J.
Klio. Czasopismo poświęcone dziejom Polski i powszechnym
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2011
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issue 3(18)
75-111
EN
After establishing a new government with Prime Minister Wladyslaw Grabski, because of the fear from the Red Army coming closer to the border, one of the most signifying ideas was to create the Council for the Defence of the State, which could seize part of the Parliament duties and privileges. The Parliament bill, enacted rapidly, defined very wide authority of the Council, including passing regulations and ordinances, which ought to be fulfilled immediately. It was obligatory, that those ordinances, which needed to be fulfilled by Parliament, were to be approved during the next session. That means, the whole system of constituting the law by the Parliament was not restrained, but limited, because the Council got authority to make decisions and force governing bodies to act rapidly. The Council was not 'a government', but it enabled to coordinate all state functions with an economic activity and the headquarters' work. Not violating the basis of political system, it was possible to intervene on all fields of state duties. The fact is, that establishing the Council for the Defence of the State weakened the government, as well as the Prime Minister's position. But also his fatuous decision about going to Spa for the meeting with British Prime Minister, with humiliating proposition of conditions of a truce, if only Russian invasion would be stopped, had weakened the position of whole government. Despite the Council for the Defence of the State, government still worked, and after the 1st of July it made eight sessions. Nevertheless, international politics pursued by W. Grabski, especially the case of a Spa meeting, considerably weakened the position of whole government, criticized for the whole period of its shortly existence, and even fought by left-centre factions.
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