Fatherland in exile. Polish state in exile after 1945

myslsuwerenna.pl 7 months ago

The armed aggression of Germany and the russian Union to Poland in September 1939 caused the country to leave the country by the chief authorities of Poland. At the time, they benefited from the provisions of the April Constitution (1935) which enabled them, through force majeure, to proceed to function legally abroad. The application of the provisions of the Constitution at that time involved, in particular, the transmission of power, that is, the appointment of a fresh president of the Republic of Poland (Wladyslaw Raczkiewicz), who established a fresh cabinet of General Władysław Sikorski. This process was doubtful at the time. However, in general, it was carried out in the correct way – according to the possibilities provided by the basic law as a consequence of the war.

See also: Comparison of the improvement of Polish and Czech economies

The Constitution allowed the legal continuity of the Polish state, defined his location and status international law, which has not been challenged by another participants in the interstate community (except allied countries of III Reich). This. recognition for an emigration centre power – as Representative of the entity of global law named: Rzeczpospolita Polska – was not contested between 1939 and 1945. State This has only changed under End of planet War II, when this is due to the entry into land pre-war Polish russian troops and provisions of the conference in Yalta, San Francisco and Potsdam – withdrawn recognition. Support for the global community moved au new – Communist – centre of power in Warsaw. Constitution There. Temporary Unity Government The national was granted the anticipation under external approval representing the entity of global law named: Rzeczpospolita Polska. The planet said, I thought it was national power structures proceed continuity Polish country.

Polish politicians in London did not agree with the verdict, au Head with the government of Tomasz Arczewski. It was his cabinet that was withdrawn from designation since July 1945. However, from their position – the state, where they were then, no changed since 1939. So they recognized them, that by means of external decisions, in which they did not participate, must not be deprived of the right to represent the Polish State. So they decided, They'll be stop on defender his continuity under pre-war legislation. Therefore also After 1945 – The structure of the Polish state in exile will proceed They've done their job. tasks, although in a changed and heavy limited role.

History emigration Statehood after 1945 were still inseparable from the April Constitution. For only the force of the basic law gave her the chance of continuing. However, the failure of this condition did not consequence in, that all phenomenon, which We call the Polish country in exile marginalised And reject. W Think of many political and legal concepts that let describe the phenomenon of the country's duration, among another things, the phenomenon of statehood in decline.

History shows, that many times specified processes were spread over time. Thus hard sometimes was to find the minute full the end of specified a phenomenon. so also until the Polish State, de ure II Republic, was able to show his own efficiency after 1945, that can't be said o his full decomposition.

Of course, this efficiency – in the field of interior law – had Yours bright specified continuity. Legal perspective–constitutional In with case unambiguous. Therefore, The constitutional authorities of that country continued to emigrate continuously, until 1990 and 1991. This one. point of view, how crucial in the context of our identity and legal continuity and systemic tradition, However, it is of limited character. Bo legal attitude, compatible au provisions of the pre-war constitution that shaped Polish statehood on emigration – limited in its framework to influence only against citizens Poland recognition. Then the anticipation of effective enforcement by that State had this disadvantage, that it afraid only the selected group of people – mainly Polish emigrants – who These decisions respected. This mainly refers to presidential decrees which, according to the Constitution, were published in the ‘official gazette’, which was Journal Set RP.

However, going outside this area is simply a key problem. Name, How method international community rod 1945 The year she reacted to this statehood? Can we find legal and recognized elements presence of the Polish State in exile among another legal entities international? Because it's from The answer to these questions depends on assessment of the condition of this statehood, which only through an external form acceptance was possible to show au its effectiveness in the territory of another countries. If another countries recognized the effects of the legal decisions of the Republic of Poland in exile, they gave emergence to the legal treatment of this entity, despite its interior disability. Thus, they gave a chance for a restaurant of this legal order in the future during the period after the business of the population and territory of the country. Formally this on this premise he based au the fact of continued emigration of the Polish state and the belief in the anticipation of restoring the legal state before occupation.

Polish state in exile has the advantage In This confusing fact, that in a formal way it could real number to keep its presence on the margins of the global community. Why? Because five countries rod 1945, in method permanent, legal Government of Poland in exile. W consequences in their territories were formally recognized diplomatic and consular representations of the Polish centre of power in London, which may perform tasks of the Polish State – including, How important, consular activities towards citizens RP. Most importantly,, These countries respected all the legal decisions that the Polish authorities in London carried out through these representations. Postwar Time recognition of government Poland in exile was In Each case different but chronologically it looked as follows:: Lebanon (until 1956), Ireland (until 1957), Cuba (au 1959), Spain (until 1968) and the Holy See (au 1972 year).

In turn, in the interior law field, the, that the Polish state in exile had the following systemic characteristics. Head of State the president of the Republic of Poland, which at the time of the war could have designated his successor. president Poland He exercised the law through decrees that published in the authoritative newspaper. The head of state besides designated further executive offices – Polish governments. Under the Constitution, she appointed the president At the highest of the Chamber of Control. It was one. au the most crucial organs of the Polish state in exile, which provided control functions. Except NIK, on emigration there was the General Inspectorate of Armed Forces as a working body General Inspector of the Armed Forces. Despite, that in 1947 Polish Armed Forces in the West were liquidated, the Polish State retained the function of general inspector, which existed in specified a form – until 1980.

See also: Homeland in the political discourse of the United Right in the 2023 election campaign

The authorities mentioned above had their sources in pre-war law of Poland. Conditions independence refugees favoured However, forming fresh systemic solutions. Using a legal position President of Poland and its decrees, in the late 1940s. 2 institutions were established in the 20th century, on fixed entered the scenery of state life on emigration. I'm talking here. o National Council Poland And the National Treasure RP. The tradition of operation Council National RP had his Roots already on emigration in 1939. Then, even in the French period, President Władysław Raczkiewicz appointed I National Council as some kind of substitute Parliament (not being able to convene the Sejm and the legislature Poland). W between 1939 and 1945 there were I and II National Council of Poland. Mission the second ended – au the consequence of disputes after the Yalta Conference – in March 1945.

Just So in 1949 President August Zaleski created III Council National Poland, to which the head of state has mainly entered — representing different political parties. W subsequent years, as a consequence of the fragmentation of emigrationParliament He changed his name – Council of Poland – and after unification, he returned to the first nomenclature.

W The same year – also by decree – President Zaleski created the National Treasury Poland, as an institution with purpose State financing Polish refugees and the global activity of their bodies. These measures were collected from voluntary donations of Polish expatriates from whole The world. It was a form. ,Self-taxing” for the activities of an independent executive centre in London.

History of Polish independency emigration, based on legalism (continuousness and identity of the state Polish), show However, different looks au issues of continuity structures State in exile. Many political and legal disputes constitutional – at the head of the most crucial in determining August's word of office Zaleski cause, that emigration statehood was different interpreted.

The most crucial division within the meaning of the objectives and mission of the Polish emigration state took place in the first years of the 5th decade of the 20th century. This. alone in 1954 on effect many factors – legalist emigration divided au for 2 camps. One – literally understood constitutional provisions – he became active with the individual of president Zaleski. It was commonly called “Zamek” after the name of the pre-war seat of the President., which was naturally reproduced in relation to au residence next presidents Poland in exile in London (at Eaton) Place 43). The second – called ‘Unification“ – found, that as a consequence of the end of August Zaleski's word of office, which did not want to leave the position, temporary and substitute state institutions specified as the Council should be established Three (colonial head of state), Enforcement of the National Unity (representing the function of government) and Provisional Council National Unity (opposing to the Council Poland form of emigration parliament).

Only the death of president August Zaleski in 1972 year and designation by him his successor in the individual of Stanisław Ostrowski ended this dispute. W the method so-far fighting state authorities scale into uniform institutions and for the decades of the 1970s and 1980s one more time functioning common: government RP and National Council Poland. Of course, with the fresh president and his successors in the future.

Emigration of disputes, headed by split of 1954, by far negative on the state of emigration. W the consequences of unification from the 1970s the age was no longer so crucial for Polish emigration masses, who, surviving in a hard everyday reality – became more and more distant from political disputes.

However, the individual authorities of the Polish State fulfilled their Task and filled A mission before him in 1945. They kept organization continuity and a deposit of an independent state on emigration. The epilogue of this activity was domestic systemic transformation. W first, Because of Lech's choice Whales for President, the insignia of the presidential authority has been passed au Warsaw and the government was liquidated Poland in exile and its agenda (1990). One year later completed their mission of the VIII National Council Poland (operating from 1989 to 1991), Supreme Chamber of Control and National Treasury of Poland.