CIVIL PROTECTION AND CIVIL DEFENCE IN CRISIS SITUATIONS: A MILITARY JUDICIARY PERSPECTIVE

Abstract

This article aims to identify and assess selected challenges associated with the functioning of the civil protection and civil defence system in Poland during crisis situations. Particular attention is given to criminal and disciplinary liability, the issuing of military orders, the limits of permissible decision-making risk, and cooperation between public administration authorities and the Armed Forces of the Republic of Poland. The study adopted a qualitative approach. The study collected empirical data through individual, semi-structured expert interviews. The study involved four military judges at the Military Garrison Court in Wrocław, each with 14 to 25 years of judicial experience. The interviews were conducted in May 2026. The theoretical part of the study employed the doctrinal legal method and involved a critical examination of relevant legislation and academic literature. The findings indicate that the civil protection and civil defence system may face significant organisational, procedural, and competence-related challenges, particularly at the interface between civilian crisis management structures and the military command system. The principal problems identified include insufficiently precise civil–military coordination mechanisms, potential conflicts of competence, uncertainty regarding legal responsibility for decisions made in crises, and difficulties in the ex post assessment of decisions taken under time pressure and on the basis of incomplete information. Although the findings are not representative of the military justice system as a whole, they provide an in-depth expert assessment of potential interpretative problems that may arise when the new regulations are applied during an actual crisis. The findings suggest that the system’s effectiveness may depend not only on statutory provisions but also on clearly defined decision-making procedures, effective institutional cooperation, and appropriate legal criteria for assessing permissible decision-making risk.