Deprivation of Orders and Distinctions by the President of the Republic of Poland

The article focuses on the order and distinction deprivation procedure executed by the President of the Republic of Poland. The Author considers the function and legal nature thereof, a possibility of judicial review and results caused thereby. The research carried out indicates that the analysed competence of the President of the Republic of Poland shall be a manifestation of fulfillment of the state supreme representative’s function, whereas the performance thereof shall not constitute activity in the scope of public administration. It serves mostly to protect the honour of the orders and distinctions as well as – to some extend – it may also play a preventive and repressive role. A material portion of the research carried out shall concern a possibility of judicial review of a decision made by the President on order or distinction deprivation. The Author opposes the opinion of the majority of scholars that the review shall be excluded. Moreover, the Author indicates that such a statement is in contrary to the constitutional guarantees concerning the protection of acquired rights, the right to a fair trial as well as the right to protect honour and good name.

https://doi.org/10.32082/fp.v2i52.207

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