Uwagi o statusie prawnym Komendanta Straży Marszałkowskiej

Abstract

Recently, the position of the Marshal’s Guard and the legal status of the guards employed in this formation have changed significantly. Under the provisions of the Act of 26 January 2018, the Marshal’s Guard gained the attribute of militarised service. On the basis of the solutions adopted by this regulation, the guards of the Marshal’s Guard are no longer employees of state offices but officers performing their duties on the basis of a non-employment relationships. Despite the (seemingly) identical regulations, the legal status of the Chief of the Marshal’s Guard has also changed on the basis of the 2018 Act. Currently, the Chief of the Marshal’s Guard can be both an officer of this service and a person without such an attribute. The article attempts to characterise the legal status of the Chief of the Marshal’s Guard, whose position in the state structure does not fit into the model solution used by other pragmatics. In the comparative context the service pragmatics of other militarised formations were also taken into account. Contrary to most regulations, the Chief of the Marshal’s Guard is not a central body of government administration. Besides, the Act of 26 January 2018 on the Marshal’s Guard is the only one that authorises the act of appointment to the post of head of the service not by the Prime Minister, but by the Head of the Chancellery of the Sejm. The publication attempts to establish the possible reasons for the introduction of such normative solutions. In particular, efforts were made to answer the question of whether these solutions are a consequence of the principle of the Sejm’s autonomy. Finally, the employment status of the Chief of the Marshal’s Guard is an issue that requires analysis and is discussed in the article. Taking into account the variety of forms of employment occurring in the militarised services, as well as the lack of precise statutory regulations in this field, the nature (employee or non-employee) of this employment relationship requires clarification.