The constitutional framework of the term of office of public authorities

Abstract

The paper focuses on the issue of the term of office, recognized as the foundation of the functioning of public authorities in a democratic state. The starting point for more detailed considerations is the recognition that the content of the term of office consists of two basic elements – the temporal one, determining the maximum period during which a supervisor or a member of the body can perform a public function, and the stabilizing one, which ensures there is minimal staff turnover during the term of office. From the entirety of the provisions of the Constitution creating the organizational framework of constitutional bodies of public authority, the author derives the thesis on the obligatory nature of the term of office of each body, unless there is a clear legal basis justifying the opposite. However, this does not mean that the constitutional regulations regarding the term of office of individual bodies are shaped according to a uniform pattern. On the contrary, different types of the term of office can be distinguished on the basis of the Constitution. Analysing particular models of the term of office, the author gives practical examples of normative solutions and indicates the consequences resulting from their application. The conclusion presents the view that the term of office is a constitutional structure guaranteeing the authorities a certain latitude or independence in the process of realizing their legal competences.