[co-author: Karolina Dębiec]
The outbreak of war in Ukraine has become the catalyst for the adoption of the Act of 11 March 2022 on Homeland Defence which defines the rules for the implementation of the universal duty to defend the Homeland, arising from Article 85 of the Polish Constitution. The new regulation replaced the Act on the Universal Duty to Defend the Republic of Poland which had been in force since 1967.
In accordance to the Act of 11 March 2022 on Homeland Defence (Journal of Laws of 2022, item 655), (hereinafter referred to as the "Act"), the defence duty is imposed on Polish citizens who are capable, according to their age and state of health, of performing it. The basic way of fulfilling this obligation is to perform military service which is divided into active military service and service in the reserve. Polish citizens are obliged to perform military service from the date on which they turn 18 until the end of the calendar year in which they turn 60 (in the case of non-commissioned and commissioned officers – at the age of 63). Persons recognised as permanently unfit for this service for reasons of health are not subject to this obligation. According to the explanatory memorandum to the Act, the new regulations transfer the emphasis from compulsory basic military service to voluntary forms of performing military service or performing non-professional military service, and assume a significant increase in the number of soldiers. In this edition of the...
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