Who conducts abroad policy? Constitution, not fairy tales from the “big palace”

For respective days we have heard choral singing of the “holy” PiS – in the Sejm, in the media, in the “big palace”. Refren sounds invariably: "President Nawrocki will not perceive to any abroad policy instructions".

Really?

Just open the Constitution. I did it – although I know it by heart – and I checked what its creators truly wrote. The consequence leaves no illusions:

• Poland parliamentary-office systemNot presidential.

• Government rules, assumes work and conducts state policy.

• The president is cooperatingBut he's not in charge.

What does the Constitution say?

Article 133(3)
“The president of the Republic in the field of abroad policy cooperates with the Prime Minister and the applicable Minister”

Article 146(1), (2) and (4)(9)
“The Council of Ministers conducts interior and abroad policy of the Republic of Poland”
"The Council of Ministers includes matters of state policy not reserved to another bodies"
"The Council of Ministers has general management in relations with another countries and global organisations"

That means 1 thing: The president has no right to conduct his own abroad policy. He can't fly around the planet with an alternate scenario, pretend to be a parallel MFA or push a private agenda. Maybe. only implement government decisions.

If Prime Minister Tusk or Minister Sikorski consider that the president has something to say on the global stage, he says precisely what they will determine. The constitution won't let him walk distant from this line.

That's how the law works. The remainder is just a propaganda theatre for an electorate that the Constitution has not seen.

So why the PiS fairy tales?

Probably from Article 126 of the Constitution, where we read among others:

• "President of the Republic of Poland is the highest typical of the Republic of Poland and the guarantor of the continuity of state power".

• "Keeps watch over the Constitution, upholds the sovereignty and safety of the state".

• "It shall carry out its tasks within the scope and on the principles laid down in the Constitution and the laws".

There is besides Article 127 on general elections. And that's where the manipulation begins: “The nation has chosen, so the president can do anything”.

Except that's not true.

Comparison: United Kingdom and Germany

• In Britain, the head of state is the king. In global politics, he speaks with the voice of the government.

• W Germany president Frank-Walter Steinmeier is the head of state – but in abroad policy he speaks the voice of the chancellor.

Similarly in Poland: The president represents the state, but the government conducts abroad policy.

Basic principle

Article 7 of the Constitution
“Public authorities shall act on the basis and within the limits of the law.”

So the president, too. Article 126(1) of the Royal Treaty describes its position only within the powers expressly mentioned in the Constitution and the laws. The president is the head of state, but not the sovereign monarch.

Competences of the president (chosen)

• Military and security: Chief of Armed Forces, State of War and Emergency (at the request of the government), sending troops abroad (also at the request of the government).

• Law and legislation: signing laws, veto law, legislative initiative, ratification of global agreements (informations the Sejm and the Senate).

• Personal: appoints ministers (at the request of the Prime Minister), judges, members of the Monetary Policy Council, KRRiT, president of the NBP, gives military and professorial degrees.

• Symbols and Traditions: Orders and distinctions, citizenship, messages.

• Exceptions: right of grace, referendum (with the consent of the Senate).

Some decisions are made by themselves (so-called prerogatives), but most require Prime Minister countersignates.

Conclusion

Poland parliamentary-office democracywhere Government rulesand the President, although crucial and elected in the general election, operates within the limits of the law.

In abroad policy government sets courseAnd the president only cooperates and represents.

All stories about the “president's independent policy” are political fiction, having nothing to do with the Constitution.