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arc obliged to relinquish thcir posts. If an int.cn.al in cxccuting functwci docs not excecd mnc years, a judge ot a prosecuior ;s slalulorily cntitlcd to return to a prcvious post. The limitauon of mnc years docs not apply howcver to instanccs wherc the function is performed in International judień: organ*.

Thus the tnentioned provision do not cover ibe partjcipation in into. national missions. As a matlcr of fact, it is the State who delegates aa ofTicial and bcars a social and financial burden bcing its contribution to the attainmcnl of objectivcs of an international mixsion. Morcovcr, judges aad prosccutors would be rcluctant to rehnquish their posts if Ihis woukl havt bcen the precondition of thcir cligibility for the mission.

The need to climinatc thosc obstacles has bccomc cven morę pressioj taking into consideration a growing number of international law-based obligations to be performed by the Polish judges and prosccutors, e.g to designate a member to Eurojust, or a prospcctive appointmcnt of a prose-cutor to an EU joint invcstigation team.

As amendment is currcnlly bcing introduccd to the Act on Coraroot Courts and the Act on Prosecutions Scrvicc. pursuant to which a judge or a prosecuior, rcspectivcly. subject to thcir conscnt, mighl be appointed to perform duties within the framework of an international organisation or u International team cstabLished on grounds of a treaty ratiHcd by Polani Such appointmcnt is to be determined for a specific period, not cxccedicg four years. A delegated ofTicial will retain a right to a basie ranuneratioa cbgible on a post of a judge or a prosecuior.

In addition to that, a judge or a prosecutor is to have a right to obtaia necessary benefits, in particular a reimbursement of travd eipcnscs, media-treatment, per diems and other benefits compcnsating major inconvcniences resulting from a dcployracnt off a permanent place of work and lifc. Tka part the provisions is bascd on the analogous rcgulations pertaining to the diplomatic sersie*.

The bill aims at ensuring the representation of the Polish judges and prosccutors on all echelons of international and EU połicy-making, which might enhancc and bring the value added to the national partidpation in the international administration in cri&is arcas.

Is the participation clTcctcd dircctly through govcrnmental actors or bo*

much is outsoureed (to NGOs, private security, cxport or other or-

ganisations/companies etc.)?

There is so far no legał possibility of deleguting persons not employed in the Polish public administration. In the planncd rcgulation there should be a possibility of delegating cxpcm employed by NGOs or private companict within Polish crisis management missions.

Report

on eharacurictie

163

Legał ptcoepU for the financing of international administration in

crisis arcas

Prorisions concerning tinancing of international administration in crisis treis are included in cach act giving legał basis for actions taken by cacta o! mentioncd services

Under the Act of 6 April 1990 on Police, the Act of 24 August 1991 oa State Firc Brigade and Act of 12 October 1990 on Customs Serrice all costs resulting form deployment of Police‘$, Firc Brigade’s forccs or ofTiccrs of customs service in crisis arcas are covcrcd by the sute budget. the part oo interna! affairs.

Costs of delegation of soldicrs are to be providcd by budget of Ministry of National Dcfcncc or Ministry of Interior and Administration of the Rcpuhlic of Poland, or by the govcrnment in other cascs.

In cases not set out in detailed regulations costs of sending cxpcrts to aisis arcas are to be beard by an employer (mostly an entity of public administration from its owa budget).

In condusion, it musi be noticed, that Poland has not crcalcd any spedfic legał mechanism. which may be used soldy for participation in international crisis management.

Use of indiridual scrvices outside the country borders is regulated in *vend separate acts, which howcvcr, do not directly identify a crisis management missions as an aim of sending Polish forccs or serrices abroad.

There is a visiblc lack of coordination between tasks performed under diferent regulations. There is no organ indicated as a coordinating body in l case e g. armed foroes, civil servants, judges or police are send abroad to perform the same mission.

However, given a number of actions in which Polish forces and services took part and widc geographical rangę of thcir missions, the lack of a complcx rcgulation has not the effectivcncss of the Polish participation in the international administration in crisis arcas.

UL AKSWKRS TO THE QtJESTIONS FROM SECTION 3c DKBATK CONCRRNESC INTERNATIONAL ADMINISTRATION IN CRISIS ARIAS

Neithcr Polish legał scientists nor practinoncrs lead the debatę which sole and dircct subject is international administration in crisis arcas. Any opinions carrying this ąuestion are cxprcsscd occasionally durmg disputes concerning issues of security, military interventions or international ohli-gations of the Rcpublic of Poland.