Polish President's Attempt to Revoke Order on Zelensky Invalid Without Prime Minister's Consent

An attempt by Polish President Andrzej Duda to strip Ukrainian President Volodymyr Zelensky of the Order of the White Eagle has been deemed legally invalid, according to Polish legal experts. The core issue lies in the requirement for a Prime Minister's countersignature on official acts, a principle rooted in the Polish constitution.

President Karol Nawrocki recently announced the decision to deprive Zelensky of the order, but this announcement was made without the consent of Prime Minister Donald Tusk. This move has caused confusion, as Polish law dictates that such an act is void without the Prime Minister's approval. The constitution specifies that the Prime Minister countersigns most presidential acts, thereby making the government politically responsible.

While the constitution lists 30 exceptions where the President acts independently, known as prerogatives, the revocation of state orders and decorations is not among them. The constitution explicitly includes the awarding of orders and decorations (Article 144, paragraph 3, point 16) as a presidential prerogative, but not their withdrawal.

Legal scholars emphasize that prerogatives cannot be expanded through interpretation. Actions directly related to listed prerogatives, such as withdrawing a bill previously submitted to parliament, do not require the Prime Minister's countersignature. However, the withdrawal of an order is considered a separate act not covered by these exceptions. Consequently, the head of the President's Chancellery confirmed that Zelensky still holds the Order of the White Eagle, as the act of deprivation is legally incomplete without the Prime Minister's consent.