Consent for a Polish Citizen to Serve in a Foreign Military or ForeignMilitary Organization – Selected Legal Aspects

Abstract

The service of a Polish citizen in a foreign army or military organization undoubtedly carries far-reaching consequences from the perspective of national security. There should be no doubt that, in such situations, a conflict of conscience often arises regarding which state the citizen should remain loyal to. It is not possible to simultaneously fulfill military obligations to more than one state, given the fundamental reality that, in the event of war, those states may become adversaries. Considering this, the legislature, primarily guided by concerns of security and defense, rightly subjects the admissibility of a Polish citizen undertaking military obligations in a foreign state or military organization to a specific legal regime. In this context, the foremost requirement remains the necessity of obtaining the approval of the Minister of National Defense. This approval, in principle, depends on the joint fulfillment of conditions specified in the law, while ensuring that none of the negative premises are met.The above leads to the conclusion regarding the exceptional nature of this regulation. It must not be overlooked that the fundamental rule dictates that a Polish citizen's service in the Polish Armed Forces takes precedence over the possibility of serving in a foreign army or military organization. The legislature, in this manner, undoubtedly aims primarily to safeguard the interests of the Republic of Poland, thereby ensuring the relative stability of the state’s defense system, including its ability to effectively respond to potential threats. The adopted legal framework seeks to eliminate scenarios in which a Polish citizen might find themselves in a conflict of interest between obligations to the Republic of Poland and commitments resulting from affiliation with the armed forces of a foreign state or military organization.