Resignation of the Voivodeship Marshal. Constitutional Issues

Abstract

The article concerns the issues of the voivodeship marshal’s resignation from his function, including the mode of its submission and effectiveness. The author also analyzes the possibility of withdrawing the resignation statement. According to the author, the marshal of the voivodeship has the right to withdraw the resignation until the start of
voting on the acceptance of this resignation. Until that moment, the voivodeship marshal is the disposer of the statement, which admittedly relates to the public law sphere. This does not exclude the possibility of its withdrawal. The author indicates that the freedom of work
referred to in Article 65 section 1 of the Polish Constitution of April 2, 1997, favors granting the voivodeship marshal the right to withdraw the resignation statement until the voting in the voivodeship parliament has commenced its adoption. The declaration of resignation does not automatically produce any legal effects, which makes it possible to be evaded by the statement of the one who made it.