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EN
The subject of the analysis is the question of the limits of the countersignature of official acts of the President of the Republic of Poland. The considerations are made in the context of the institution of presidential announcement on vacant judicial positions in the Supreme Court of Poland and the Supreme Administrative Court of Poland. Firstly, the genesis and nature of the prerogatives of the head of state, the concept of prerogative powers against the background of the institution of countersignature, the substantive and formal limits of the countersignature, as well as the notion of the legal effect of the presidential official acts were discussed. Secondly, the question of the legal qualification of the presidential announcement was analysed and, based on it, the conclusion was drawn that the material limits of the institution of countersignature stand in the way of recognising the presidential announcement as a official act subject to countersignature. Next, the concept of instrumental sub-competences was proposed, which, as fragments of prerogative powers, include within their scope acts that depend on the underlying official act. In the final part of the study, fundamental arguments are presented in favour of adopting the view that the presidential announcement analysed is a sovereign official act which by its nature is not subject to countersignature.
EN
The limitation period plays a crucial role in any legal system. It is commonly used in the fields of criminal and civil law. As for the administrative law, the regulation was introduced partially and in an inconsistent way. The Polish Constitutional Court pointed out, that one cannot claim its right or even expectative for setting up the limitation period in the field of administrative law. Nonetheless, once introduced in the legal system, the limitation period has to fulfill the require- ments resulting from the Constitution. As for the energy law, the limitation period was introduced in 2015 by providing the reference to the provisions of Tax Code. However, the reference to the provisions of Tax Code concerning the limitation period were partially removed just one year later. The reform of Administrative Procedure Code introducing inter alia the rules for the limitation period of impos- ing and executing administrative penalties, was supposed to provide the general provisions applicable to all persons and legal entities. Nevertheless, due to the inconsistent regulations contained in multiple legal acts, such as the Energy Act, the usage of limitation period still casts doubt.
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