Usprawnienie działań Sił Zbrojnych Rzeczypospolitej Polskiej, Policji oraz Straży Granicznej na wypadek zagrożenia bezpieczeństwa państwa

The author analyses the Government’s Bill on Amending Certain Acts in order to Improve the Actions of the Polish Armed Forces, the Police and the Border Guard in the Event of a Threat to State Security, which aims to ensure the effective operation of the Armed Forces in the defence of the state border. Despite the positive assessment of the efforts to improve the regulation of these issues, the author expresses doubts as to the conformity of the Bill to the Constitution. The analysed provisions, in particular those referring to ‘military operation’, may constitute an attempt to circumvent the constitutional provisions regulating extraordinary measures. In the author’s opinion, the introduction of the justification of an officer’s use of means of direct coercion, weapons or other armament contrary to the principles violates the principle of legality. The manner in which the principles governing the use of force by officers are regulated is also questionable.