The Issue of Legal Responsibility of the President of the Republic of Poland

This article discusses the issue of legal responsibility of the President of the Republic of Poland. The author makes an assumption that legal in a democratic state responsibility of a person holding the highest state office requires extensive and precise regulation. This is also true in relation to those countries in which the constitutional status of president do not justify the supposition that he/she is the highest authority conducting national policy and is responsible for ruling the country. In Poland, such need is justified by the manner of election of President by the Nation, and by the acceptance of his/her role in affirmation and accomplishment of important values and the scope of his/her powers to affect government's policy. The practice of 1990-2005 proves that the president of the republic may be a vital element of the executive power. The study separates and provides an analysis of three types of responsibility. Constitutional, penal and civil types of responsibility are distinguished. Moreover, the article presents the comments on the position of President as a witness in judicial proceedings. The discussion leads to critical comments and proposals. However, the author avoids reference to old legal regulations and practice of Polish institutions, as well as a wider comparative-law approach. Finally, the need is stressed for either a more comprehensive and precise constitutional regulation or further coherent changes in ordinary laws. The author supports the idea of transferring powers to adjudicate on constitutional accountability of the President to the Constitutional Tribunal, as a consequence of disapproval of the status and previous practice of the Tribunal of State [i.e. the court of impeachment].