dated 16
January 1997
[Preamble]
WHEREAS in our concern for the existence and future of our
Fatherland, on having regained in 1989 the possibility of making sovereign and
democratic decisions on its fate, we, Polish citizens, both those of us who
believe in God as the source of truth, justice, good, and beauty, and those of
us who do not share this belief and derive our values from other sources, being
equal in our rights and duties regarding the common good of Poland, and feeling
gratitude to our ancestors for their toil, for their struggle for independence,
for the culture which they built, are obligated to transmit to future
generations everything that is best in our accomplishments for more than a
millennium, and
WHEREAS we are aware of the need to cooperate with all
countries for the good of the Human Family, and desire to safeguard civil
rights forever and assure the integrity and efficiency of the activities of
public institutions, NOW THEREFORE, We hereby establish the Constitution of the
Republic as the supreme law of the land and one based on respect for freedom
and justice, cooperation of the authorities, and the principle of helpfulness
in strengthening the rights of citizens and their communities. THEREFORE ALSO We appeal to all who exercise
these rights to do so with special care for preserving the dignity of man, his
right to freedom, and for the obligation of solidarity with others.
Article 1
The Republic of Poland is the common good of all citizens.
Article 2
The Republic of Poland is a democratic, law-ruled country
implementing the principles of social justice.
Article 3
The Republic of Poland is one and indivisible as a State.
Article 4
4.1. Supreme
power in the Republic of Poland is held by
the Nation.
46.2.The Nation exercises power
through its democratically elected representatives or directly.
46.3.Article 5
The Republic of Poland guards the independence and inviolability of its territory, guarantees civil liberties and the rights of man, protects public security, guards national heritage, and assures environmental protection on the principle of balanced development.
Article 6
6.1. The Republic of
Poland provides the conditions for the dissemination of and equal access to cultural
treasures, which are a source of national identity and the survival and
development of the Nation.
6.2. The Republic of
Poland provides assistance to Poles living abroad in preserving their ties to
national cultural heritage.
Article 7
The agencies of public administration operate pursuant to
and within the bounds of law.
Article 8
8.1. The Constitution
is the supreme law of the Republic of Poland.
8.2. The provisions
of the Constitution are applied directly, unless the Constitution specifies
otherwise. Article 9
9.1. The Republic of
Poland adheres to the international law binding thereon. 9.2. The Republic of
Poland may, by virtue of an international agreement, transfer to an
international organization or agency the exercise of certain governmental powers.
Article 10
10.1. The
political system of the Republic of Poland is based on the division into and
balancing of legislative, executive, and judicial powers.
10.2. Legislative
power is exercised by the Sejm and the Senate; executive power by the President
of the Republic of Poland and the Council of Ministers; and judicial power by
the courts and tribunals.
Article 11
11.1. The
Republic of Poland guarantees the freedom of formation and activity of
political parties. Political parties
associate citizens of the Republic of Poland on the principle of freedom of
choice and equality, with the object of influencing the formation of the
State's policies by democratic methods.
11.2. The
financing of political parties is public.
Article 12
The Republic of Poland guarantees the freedom of formation
and activity of trade unions, civic movements, foundations, and other voluntary
legally operating associations whose purpose it is to promote the interests and
express the opinions of citizens.
Article 13
The existence of political parties and other organizations
whose programs are sympathetic to the totalitarian methods and operating
procedures of Nazism, Fascism, and Communism, is prohibited. Also prohibited is the existence of parties
and organizations whose programs or activities presuppose or tolerate racial
and national hatred and resorting to force with the object of gaining power or
influencing state policy, or provide for secrecy of their
structures or membership.
Article 14
The Republic of Poland safeguards freedom of the press and other mass media.
Article 15
15.1. The
territorial administrative system of the Republic of Poland assures the
decentralization of public power.
15.2. The basic
administrative division of the state, such as to allow for the social and
economic bonds enabling units of that division to discharge their public
duties, is defined by law.
16.1. The
population of a unit of administrative division of the country constitutes a
self-governing community by virtue of law.
16.2. Local governments
participate in the exercise of public power.
They discharge on their own behalf and responsibility the substantial
duties legally appertaining to them.
Article 17
17.1. The law may
define self-governing occupational and professional associations representing
persons engaging in occupations and professions subject to public trust and
attending to their proper exercise within the limits of public interest and in
order to protect it.
17.2. Pursuant to
and within the bounds of law the possibility of forming other forms of
self-governing associations is protected.
But these may not violate the freedom of exercise of profession nor
abridge the freedom to engage in economic activity.
Article 18
The family, marriage, and maternity are under the care and
protection of the Republic of Poland.
Article 19
19.1. The
Republic of Poland protects the right of ownership and the right of
inheritance. 19.2. Expropriation is admissible only for public purposes and
upon equitable compensation. Article 20
20.1. The Republic
of Poland guarantees the freedom of economic activity.
20.2. Limitations
on the freedom of economic activity are admissible only by law and only if due
to an important public interest.
Article 21
The basis of the agricultural system is the family farm. This principle does not infringe on the
provisions of Articles 19 and 20.
Article 22
Labor is protected by the Republic of Poland. The state supervises the conditions in which it is performed. Article 23
23.1. Churches
and denominational unions receive equal treatment.
23.2. The
government of the Republic of Poland remains neutral on matters concerning
religious belief, world outlook, and personal philosophies, while at the same
time safeguarding the freedom of expressing them in public life. 23.3. The
relations between the State and churches and denominational unions are based on
the principle of mutual respect for the autonomy and independence of each
within its
own scope, as well as of cooperating for the good of man
and for the common good.
23.4. The
relations between the State and the Roman Catholic Church are defined by the
international agreement concluded with the Apostolic See, and by law.
23.5. The
relations between the State on other churches and denominational unions are
defined by the laws passed pursuant to agreements concluded between the Council
of Ministers and their authorized representatives.
Article 24
24.1. The Armed
Forces of the Republic of Poland protect the sovereignty, independence,
territorial integrity, security, and inviolability of the boundaries of the
Republic of Poland. 24.2. The Armed Forces adhere to neutrality on political
affairs and are subject to civilian and democratic control.
Article 25
In the Republic of Poland the official language is
Polish. This
provision does not infringe upon the rights of the national minorities ensuing
from ratified international agreements.
Article 26
26.1. The emblem
of the Republic of Poland is the image of a crowned white eagle on red gules.
26.2. The colors of the Republic of Poland are the colors white and red.
26.3. The hymn of
the Republic of Poland is "Mazurek Dabrowskiego."
26.4. The emblem,
colors, and hymn of the Republic of Poland are subject to legal protection.
26.5. Details concerning the emblem, colors, and hymn are defined by law.
Article 27
The capital of the Republic of Poland is Warsaw.
Chapter II. Rights, Liberties, and obligations of Man and Citizen
Article 28
The innate and inalienable dignity of man is the source of
the rights and liberties of man and citizen.
It is inviolable, and respecting and protecting it are an obligation of
the public authorities.
Article 29
29.1. The freedom
of man is subject to legal protection.
29.2. Everyone is
obligated to respect the rights and liberties of others. No one may be compelled to do what is not
prohibited by law.
29.3. Restrictions
on the exercise of constitutional rights and liberties may be established only
by law, when such restrictions are needed in the democratic State in the
interest of national security or public order or for the purpose of protecting
the environment, health, public morality, or the rights and liberties of
others.
Article 30
30.1. Every person is equal before the law and has
the
right to equal treatment by the agencies of public
administration.
30.2. No person
may be discriminated against in political, social, or economic life for any
reason whatsoever.
Article 31
31.1. Women and
men in the Republic of Poland have equal rights in political, economic, social,
and cultural life.
31.2. Women and
men are, in particular, guaranteed equal rights to education, employment, and
advancement, as well as to the same remuneration for labor of the same value,
to social security, and to holding positions and public distinctions and
decorations.
Article 32
32.1. Polish citizenship is acquired upon birth to parents who are Polish citizens. Other cases of acquisition of Polish citizenship are defined by law. 32.2. No person may forfeit Polish citizenship, unless voluntarily renounced.
Article 33
33.1. The
Republic of Poland guarantees Polish citizens who belong to national and ethnic
minorities the right to preserve and develop their own language, culture,
customs, and traditions, and to develop their own culture. 33.2. National and
ethnic minorities have the right to establish their own educational and
cultural institutions as well as institutions serving to protect their
religious identity and the right to participate in decisions on matters
concerning the recognition and protection of their cultural identity.
Article 34
While sojourning abroad, Polish citizens are entitled to
protection by the Republic of Poland.
Article 35
35.1. Every
person who is subject to the jurisdiction of the Polish State is entitled to
the rights and liberties guaranteed in the Constitution. 35.2. Exceptions from
this principle, as pertaining to foreign nationals, are defined by law.
Article 36
Every person has the right to the protection of his life.
Article 37
No person may be subjected to scientific experiments,
including medical ones, without his or her freely expressed consent.
Article 38
No person may be subjected to torture or cruel, inhuman,
or degrading treatment or punishment.
Corporal punishment is prohibited.
Article 39
War crimes and crimes against humanity are not subject to
the statute of limitation.
Article 40
The statute of limitations with regard to crimes that
are not prosecuted for political reasons, committed by or
on the recommendation of public servants, is subject to suspension until such
time as these reasons no longer apply.
Article 41
40.1. Every
person is guaranteed personal liberty and personal security. Deprivation or restriction of liberty may
take place only in accordance with the principles and procedures defined by
law.
40.2. Every
person deprived of liberty in the absence of due process of law has the right
of appeal to courts of law for an immediate determination of the legality of
that deprivation. The family or a
person named by the person
deprived of liberty is immediately notified following said
deprivation.
40.3. Every
detainee should be immediately, and in understandable language, notified of the
reasons for detention. He should be
released if he is not handed within 48 hours a copy of the ruling of a court of
law in favor of his temporary detention, specifying the charges. 40.4. Every
person who is deprived of liberty should be treated in a humanitarian manner.
40.5. Every
person who is illegally deprived of liberty has the right to compensation.
Article 42
42.1. Only those
perpetrating a deed prohibited under threat of penalty by the laws binding at
the time of the perpetration are subject to criminal prosecution. This principle does not conflict with
punishment for a deed which, at the time of its perpetration, constituted a
crime according to international law.
42.2. Every
person against whom penal proceedings are being instituted has the right to
protection by a legal defender during every stage of the proceedings; he may,
in particular, choose his defender or avail himself of a court-appointed
defender.
42.3. Every
person is considered to be innocent until his guilt is established by a valid
court verdict.
Article 43
43.1. Every
person has the right to a fair and public examination of his case without
unjustified delay, by an independent, impartial, and autonomous court of law.
43.2. A closed trial may be held in consideration of morality, public order, or
the need to protect the security and private lives of the parties. The verdict is announced publicly.
43.3. Each party
to the trial has the right to appeal the verdict of a court of the first
instance.
Article 44
Forfeiture of property may occur solely in cases specified
by law, pursuant to a valid court ruling.
Article 45
Every person has the right to the legal protection of
his private and family life, and of his honor and good
name, as well as the right to decide on his personal life.
Article 46
46.1. Parents
have the right to raise their children in accordance with their beliefs. This right should be exercised with
allowance for the degree of maturity of the child and for the freedom of his or
her conscience, religious belief, and convictions.
46.2.
Curtailment, suspension, or deprivation of
parental authority may be imposed only in legally defined
instances, and only pursuant to a judicial ruling.
Article 47
Freedom and secrecy of communications are inviolable.
They may be abridged in the cases and on the terms defined
by law.
Article 48
A person's home
is inviolable. Searches of homes,
premises, or vehicles may take place solely in the cases and by the procedure
defined by law.
Article 49
49.1. No one may
be obligated to disclose personal information except by virtue of law.
49.2. Public authorities may not procure, collect, and
make public information on citizens, other than that
absolutely needed in a democratic law-ruled state.
49.3. Every person has the right of access to official
documents and records concerning himself.
Restrictions on this right may be defined by law.
49.4. Every person
has the right to demand the rectification or removal of the information that is
inaccurate, incomplete, or collected in a manner contrary to the law.
49.5. The
principles and procedure for collecting and disclosing information are defined
by law.
Article 50
50.1.
Every person is entitled to freedom of movement
and freedom of choice of domicile or site of sojourn on
the territory of the Republic of Poland.
50.2. Every person can freely depart the territory of the
Republic of Poland.
50.3.
The freedoms referred to in Paragraphs 1 and 2 may be
subject to abridgments defined by law.
50.4.
A Polish citizen may not be expelled from this country or
banned from returning thereto.
50.5. A person sojourning abroad whose Polish origin has
been verified pursuant to law, may settle permanently in Poland.
Article 51
51.1. Every
person has the right to freedom of conscience and religion.
51.2. Freedom of
religion includes the freedom to profess or accept a religion according to
personal choice and to express it individually or with others, publicly or
privately, by means of religious practices, prayers, participation in rituals,
or by practicing and teaching. Freedom
of religion also extends to ownership of churches and other places of worship
depending on the needs of the believers and the right of individuals to avail
themselves of religious succor wherever they are.
51.3. Parents
have the right to provide their children with moral and religious education and
teachings according to their beliefs.
The provisions of Article 46, Paragraph 1, apply correspondingly.
51.4. The
religion of a legally existing church or denominational union may be the
subject of instruction in school, provided that this does not violate the
freedom of religion and conscience of others.
51.5. The freedom
of publicly professing one's religion may be abridged solely by law, and only
when this is necessary to national security, public order, or the health,
morality, or freedom of others.
51.6. No person
may be coerced to participate or not to participate in religious practices.
51.7. No person
may be obligated by public authorities to disclose his personal or religious
beliefs or creed. Article 52
52.1. Every
person is entitled to the freedom of expressing his views and obtaining and
disseminating information.
52.2. Preventive
censorship of the mass media and licensing of the press is prohibited. The law may introduce the duty of applying
for licenses to operate radio and television stations.
Article 53
53.1. The extradition of Polish citizens is
prohibited.
53.2. The extradition of a person suspected of
committing a political crime without resorting to force is
prohibited.
53.3. Extradition is ruled upon by a court of law.
Article 54
54.1. Foreign nationals may avail themselves of the
right of asylum in the Republic of Poland on
principles
defined by law.
54.2. A foreigner
who seeks protection in the Republic of Poland against persecution may be
granted the status of a refugee pursuant to the international agreements
binding upon the Republic of Poland.
Article 55
Every person is guaranteed the freedom to organize and participate in peaceful assemblies. Restrictions on this freedom may be defined by law.
Article 56
56.1.Every person is entitled to the freedom of
association.
56.2. Associations
whose purpose or activities conflict with the Constitution or law are
prohibited. Refusal to register an
association or a ban against its activities is ruled upon by a court of law.
56.3. The law
defines the kinds of associations subject to registration in a court of law,
the procedure for that registration, and the forms of oversight of these
associations.
Article 57
57.1. Freedom of
association in trade unions and in employer organizations is guaranteed. 57.2.
Trade unions and employers and their organizations have the right to negotiate,
in particular with the object of resolving collective bargaining disputes, and
to conclude collective labor agreements and other agreements.
57.3. Trade
unions have the right to organize employee strikes and other forms of protest
within the bounds defined by law. In
consideration of public welfare, the law may restrict the conduct of a strike
or prohibit it with regard to specified categories of employees or in specified
fields. 57.4. The scope of the freedom to associate in trade unions and
employer organizations, and of other trade union freedoms, may be subject only
to such legal abridgments as are permitted by the international agreements
binding upon the Republic of Poland.
Article 58
A Polish citizen with full civil rights has the right
of access to public service on the principle of
equality. Article 59
59.1. Citizens
have the right to obtain information on the activities of government agencies
and persons serving in government posts.
This right also applies to obtaining information on the activities of
economic and professional associations and persons and organizational units
insofar far as they perform tasks of public administration or manage municipal
or Treasury assets.
59.2. The right
to obtain information comprises access to documents and admission to the
meetings of the governmental bodies elected by universal suffrage, with the
possibility of recording sounds or images.
59.3. Restrictions
on the right referred to in Paragraphs 1 and 2 may be imposed solely in
consideration of the legally established protection of the rights and
liberties of other persons, businesses and enterprises,
public order, security, or important economic interests of
the State.
59.4. The
procedure for obtaining the information referred to in Paragraphs 1 and 2 is
defined by law, and with respect to the Sejm and Senate, by their house rules.
Article 60
60.1. Polish
citizens who attain the age of 18 by election day have the right to participate
in referendums and to elect the President of the Republic of Poland and their
representatives to the Sejm, the Senate, and local governments.
60.2. The right
to participate in referendums and the right to vote does not apply to legally
incapacitated persons as well as to persons legally deprived of their civil or
voting rights, for the duration of said incapacitation or deprivation of these
rights.
Article 61
Every person can submit petitions, proposals, and
complaints in public interest, on his own behalf, or on the behalf of another
person with the latter's consent, to agencies of public administration or to
public organizations and institutions, concerning the performance of their
official duties relating to public administration. The procedure for considering these petitions, proposals, and
complaints is defined by law.
Article 62
62.1. Every
person has the right to ownership, other property rights, and the right of
inheritance. 62.2. ownership, other property rights, and the right of
inheritance are subject to legal protection that is equal for all.
62.3. ownership
may be restricted only by law and only to the extent to which it does not
infringe upon the essence of the right of ownership.
Article 63
63.1. Every
person has the right to choose and exercise his trade or profession and to
choose his place of work. Exceptions
are defined by law. 63.2. The obligation to work may be imposed only by law.
63.3. Regular
employment of children below the age of 16 is prohibited.
63.4. The minimum
remuneration of labor and the procedure for determining it are defined by law.
63.5. Public authorities pursue a policy intended to promote full, productive
employment by implementing programs for reducing unemployment, inclusive of the
organization and sponsorship of vocational counseling and schooling as well as
of public works and temporary jobs.
Article 64
64.1. Every
person has the right to safe and hygienic working conditions. The exercise of this right and the
obligations of the employer are defined by law.
64.2. Every
employee is guaranteed the right to legal days off as well as to an annual paid
leave. The law defines the maximum
norms of work time.
Article 65
65.1. Citizens
have the right to social protection in the event of work disability due to
illness or disabling as well as upon attaining retirement age. The scope and forms of social protection are
defined by law.
65.2. Citizens
who remain unemployed against their will and who lack other sources of support
have the right to social protection, whose scope and forms are defined by
law. Article 66
66.1. Citizens
have the right of access to basic health care financed with public funds,
regardless of their material situation.
The terms on which that care is provided are defined by law.
66.2. Public
authorities are obligated to provide health care for children, pregnant women,
incapacitated persons, and the elderly.
66.3. Public
authorities are obligated to combat epidemic diseases and prevent the adverse
consequences of environmental pollution to health.
66.4. Public
authorities provide citizens with the conditions for practicing physical
culture and sports. Article 67
67.1. Every person has the right to education.
Education until the age of 16 is obligatory. The procedure for performing this obligation
is prescribed by law. 67.2. Instruction in all public schools is free of
charge. The law may allow the payment
of partial tuition for attending public institutions of higher education. 67.3.
Parents have the right to choose schools other than public schools for their
children. Citizens and institutions
have the right to establish elementary, supraelementary, and higher schools, as
well as boarding schools. The requirements
for the establishment and operation of nonpublic schools and for the
participation of public authorities in their financing, as well as the
principles of pedagogical oversight of schools, are defined by law.
67.4. Public
authorities assure equal access to education for citizens. To this end they establish and support systems
for individual and financial and organizational assistance to pupils and
students, on terms defined by law.
67.5. The
autonomy of institutions of higher education is safeguarded on principles
defined by law.
Article 68
68.1. In its social and economic policies the State
takes into consideration the interests of the
family.
Families in a difficult material situation, and especially
large families, have the right to special assistance from public authorities.
68.2. Before and
after the child's birth, the mother has the right to special assistance from
public authorities, with its extent defined by law.
Article 69
69.1. The
Republic of Poland guarantees the protection of rights of the child. Every person has the right to demand of
public authorities that they protect a child against duress, cruelty,
exploitation, and demoralization.
69.2. A child who is deprived of parental care has
the
right to care by and assistance from public
authorities.
69.3. While determining the rights of a child,
public
authorities and persons responsible for the child are
obligated to listen to and, insofar as possible, take into consideration the
child's personal views.
Article 70
Every person is guaranteed the freedom of artistic
creativity and scientific research, the freedom to make public their results,
the freedom of instruction, and also
the freedom of benefiting from cultural treasures.
Article 71
71.1. Public
authorities pursue a policy of safeguarding the ecological security of the
present and
future generations.
71.2. Environmental protection is an obligation of
public authorities.
71.3. Every person has the right to information on
the
condition and protection of the environment.
71.4. Public authorities support the activities of
citizens to promote and improve environmental health.
Article 72
72.1. Public
authorities pursue a policy promoting the satisfaction of the housing needs of
citizens. In particular, they
counteract homelessness, sponsor the construction of low-income housing, and
support the efforts of citizens to obtain their own housing.
72.2. The
protection of tenant rights is defined by law.
Article 73
Public authorities protect consumers, users, and lessees
against practices endangering their health and safety, as well as against
dishonest market practices. The scope
of this protection is defined by law.
Article 74
74.1 Every person
has the right to compensation for the damage or damages caused by unlawful
activities of the agencies of public administration.
74.2. The law may
not bar anyone from resorting to judicial redress for violations of rights and
liberties. Article 75
75.1. Every
person whose constitutional rights or liberties are violated has the right, on
principles defined by law, to lodge a complaint with the Constitutional
Tribunal so that it may determine consonance between the Constitution and the
law or other normative act pursuant to which a court of law or an agency of
public administration has issued a final ruling on the complainant's rights, liberties,
or obligations defined in the Constitution.
75.2. The provisions of Paragraph 1 do not apply to
the
right specified in Article 54.
Article 76
Every person has the right to apply, on the principles
defined by law, to the Citizens' Rights Spokesman with a request for assistance
to protect his rights or liberties violated by the agencies of public
administration.
Article 77
The rights referred to in Article 63, Paragraphs 4 and 5,
Article 64, Article 68, Articles 71-73, and Article 213, Paragraph 3, may be
claimed within the bounds defined by law.
Article 78
Faithfulness and loyalty to the Fatherland and concern for
public welfare are the obligation of Polish citizens. Article 79
Every person is obligated to bear the burdens and
provide the public services, including the payment of
taxes defined by law.
Article 80
80.1. It is the obligation of Polish citizens to
defend
their Fatherland.
80.2. The scope
of the obligation of military service is defined by law.
80.3. Citizens
whose religious principles or professed moral principles prevent them from
performing military service may be obligated to perform alternative service on
principles defined by law.
Article 81
Every person is obligated to care for the condition of the
environment and held accountable if personally causing its deterioration. The principles of such accountability are
defined by law.
Article 82
82.1. The sources
of the commonly binding law of the Republic of Poland are: the Constitution,
laws, ratified international agreements, and executive orders.
82.2. Locally,
the sources of the commonly binding law of the Republic of Poland are the local
laws applying within the administrative boundaries of the bodies establishing
them.
Article 83
83.1. For
national and local laws and executive orders to take effect, they must first be
made public by the legally prescribed procedure.
83.2. The
principles and procedure for the publication of normative acts are defined by
law.
83.3. International
agreements ratified pursuant to the law are made public by the legally
prescribed procedure. The rules for
making public other international agreements are defined by law.
Article 84
84.1. The
ratification of international agreements by the Republic of Poland, as well as
their renunciation, require prior legally defined consent if they concern:
1) Changes in the boundaries or integrity of the
State.
2) Peace, alliances, political or military
alignments.
3) Civil rights, liberties, or civil obligations
defined in the Constitution.
4) Membership of
the Republic of Poland in international organizations.
5) Substantial financial obligations of the State.
6) Legally regulated matters or matters for which
the
Constitution requires legal regulation.
84.2. The Chairman of the Council of Ministers notifies
the Sejm of the intent to submit to the President of the Republic for
ratification international agreements whose ratification does not require
legally defined consent.
84.3. The principles and procedure for the conclusion and
renunciation of international agreements are defined by law.
Article 85
85.1.
A law consenting to the ratification of an
international agreement pursuant to which the Republic of
Poland is to transfer the exercise of specified governmental powers to an international
organization or an international agency, must be passed in the Sejm by a
majority of two-thirds of the votes in the presence of at least one-half of the
statutory number of deputies, and in the Senate by a majority of two-thirds of
the votes in the presence of at least one-half of the statutory number of
senators.
85.2. Consent to the ratification of said agreement may be
given through a national referendum pursuant to the provisions of Article 122.
85.2.
Decisions on choosing the procedure for expressing
consent to ratification are taken by the Sejm by an
absolute majority of votes in the presence of at least one-half of the
statutory number of deputies.
Article 86
86.1. Ratified
international agreements constitute, following their publication in DZIENNIK
USTAW RZECZYPOSPOLITEJ POLSKIEJ, part of the domestic legal order and are
directly applicable, unless their application is contingent on issuing new
legislation.
86.2. An
international agreement ratified on the basis of a law consenting thereto supersedes
domestic laws whose provisions conflict therewith, unless those laws can be
reconciled with the agreement.
86.3. When so
ensuing from the founding charter of an international organization that has
been ratified by the Republic of Poland, the laws it issues are applied
directly and have precedence in the event of conflict with the norms of
domestic laws.
Article 87
87.1. Executive
orders are issued by the agencies specified in the Constitution only when so
specifically authorized by law and with the object of implementing it. The authorization should specify the agency
proper for issuing the executive orders and the scope of its competences as
well as the textual guidelines. 87.2. The agency authorized to issue executive
orders may not delegate its powers, as referred to in Paragraph 1, to another
agency.
Article 88
88.1. Resolutions
of the Council of Ministers and executive orders of the Chairman of the Council
of Ministers and of the ministers are the in-house normative acts of government
agencies and are binding only upon the organizational units subordinated to the
agency issuing these acts.
88.2. Executive
orders are issued only pursuant to the law.
They may not be grounds for decisions concerning citizens, legal
entities, and other entities.
88.3. Resolutions
and executive orders are subject to monitoring their consonance with commonly
binding laws. Article 89
Local-government agencies and local agencies of the
general government administration issue, pursuant to and within the bounds of
the powers vested in them by law, provisions of local laws applicable within
their administrative borders. The
principles and procedure for issuing provisions of local laws are defined by
law. Chapter IV. The Sejm and the Senate
Article 90
90.1. Legislative
power in the Republic of Poland is exercised by the Sejm and the Senate. 90.2.
The Sejm exercises control over the activities of the Council of Ministers to
the extent defined by the provisions of the Constitution and the laws. Elections and Terms of Office
Article 91
91.1. The Sejm consists of 460
deputies.
91.2. Elections
to the Sejm are general, direct, equal, and proportional, with the votes cast
by secret ballot. Article 92
92.1. The Senate consists of 100 senators.
92.2. Elections to the Senate are general and
direct,
with the votes cast by secret ballot.
Article 93
93.1. The Sejm
and the Senate are elected for a term of four years. The terms of the newly elected Sejm and Senate commence on the
day the Sejm assembles for its first sitting and continues until the day
preceding the day of the first sitting of the Sejm of the next term.
93.2. Elections
to the Sejm and the Senate are ordered by the President of the Republic not
later than 90 days prior to the elapse of the four years since the beginning of
the previous term of the Sejm and the Senate, upon designating the election day
on a nonworkday some time during the last 30 days prior to the elapse of the
four years since the beginning of the previous term of the Sejm and the Senate.
93.3. The Sejm
may cut short its own term of office by a resolution passed by a majority of at
least two-thirds of the statutory number of deputies. Shortening the Sejmls term of office also means a concurrent
shortening of the term of office of the Senate. The provisions of Paragraph 5 apply correspondingly.
93.4. The
President of the Republic may, upon consulting the Speaker of the Sejm and the
Speaker of the Senate, in cases defined by the Constitution, order shortening
the term of office of the Sejm. This is
automatically followed by shortening the term of office of the Senate.
93.5. When
ordering the shortening of term of office of the Sejm, the President of the
Republic at the same time orders new elections to the Sejm and the Senate, upon
designating their date on a day occurring not later than 45 days following the
official announcement of the President's order to shorten the term of office of
the Sejm. The President of the Republic
convenes the first session of the newly elected Sejm not later than on the 15th
day after the elections to the Sejm are held.
93.6. In the
event the term of the Sejm is shortened and consequently new elections are
ordered, the provisions of Paragraph 1 apply correspondingly.
Article 94
94.1. To be
eligible for election to the Sejm a candidate has to be a Polish citizen and
attain 21 years of age by election day..
94.2. To be
eligible for election to the Senate a candidate has to be a Polish citizen and
attain 30 years of age by election day.
Article 95
95.1.
Candidates for deputies and senators may be nominated by
political parties and voters.
95.2. No one may be simultaneously a candidate for the
Sejm and the Senate.
95.3. The
principles and procedure for nominating candidates and conducting elections and
the requirements for validity of elections are defined by law.
Article 96
96.1. The
validity of elections to the Sejm and the Senate is verified by the Supreme
Court. 96.2. Voters have the right to contest before the Supreme Court the
validity of elections according to principles defined by law.
Article 97
No one may be simultaneously a deputy and a senator.
Article 98
98.1. The mandate
of a deputy may not be combined with holding the office of the Chairman of the
National Bank of Poland, the Chairman of the Supreme Chamber of Audits, the
Citizens' Rights Spokesman, a voivode, a deputy voivode, a member of the
Council on Monetary Policy, a member of the National Radio and Television
Council, or an ambassador. 98.2. Judges, public prosecutors, civil servants,
military personnel on active duty, and personnel of the police and of the
services protecting the State, may not hold the mandate of a Sejm deputy.
98.3. The law may
define other instances in which holding the mandate of a Sejm deputy is
incompatible with other posts or prohibited.
Article 99
99.1. Deputies
are representatives of the entire Nation.
They are not bound by the instructions of voters. 99.2. Before beginning
to execute their mandate the deputies swear the following oath before the Sejm:
"I do solemnly swear to perform honestly and conscientiously my
obligations to the Nation, to guard national sovereignty and interests, to do
everything for the welfare of the Fatherland and the good of the citizens, and
to obey the Constitution and other laws of the Republic of Poland." 99.3.The
oath may be sworn with the additional words, "So help me God."
99.4. Refusal to
swear the oath signifies renunciation of the mandate.
Article 100
100.1. A deputy
may not be held accountable for his activities insofar as they belong in the
scope of performance of his mandate, neither during nor after the expiration of
that mandate; for such activities the deputy is accountable to the Sejm alone,
and in the event of violation of the rights of third parties, he may be held
accountable before a court of law only with the concurrence of the Sejm.
100.2. During the
period from the day the results of elections are announced until the day of
expiration of his mandate, the deputy may not be prosecuted for a crime without
the concurrence of the Sejm.
100.3.
Criminal proceedings instituted prior to the day
of election of the deputy are, upon the demand of the
Sejm, subject to suspension until the expiration of the deputy's mandate. In this event the statute of limitations is
also subject to suspension for the period in question.
100.4. A deputy may consent to being prosecuted for a
crime. In this event the provisions of
Paragraphs 2 and 3 do not apply.
100.5. A deputy
may not be detained or arrested without the consent of the Sejm or, while the
Sejm is not in session, without the consent of the Sejm Presidium, with one
exception--when he is caught in flagrante delicto while committing a crime,
provided that his detention is indispensable to assuring the proper course of
the proceedings; upon his detention, the Speaker of the Sejm is immediately
notified. On the Speaker's demand, the
deputy must be immediately released.
100.6. Detailed
principles for the criminal prosecution of deputies and the related procedures
are defined by law. Article 101
The law defines for deputies the requirements for the
effective performance of their duties and for the protection of the rights
ensuing from the exercise of their mandates.
Article 102
102.1.
Deputies may not, within the limits established by
law, engage in economic activity and derive unjustified
advantages from the assets of the State Treasury or local governments, and
neither may they acquire such assets. 102.2. For violating the prohibitions
referred to in Paragraph 1 a deputy may be held accountable before the Tribunal
of State by a Sejm resolution adopted on the recommendation of the Speaker of
the Sejm. The Tribunal of State rules
on depriving the deputy of his mandate.
102.2.
Article 103
Articles 98-102 apply correspondingly to senators.
organization and Functioning
Article 104
104.1. The Sejm
and the Senate deliberate at their sittings.
104.2. The first sitting of the newly elected Sejm
and
Senate is convened by the President of the Republic
on a day
within the first 30 days after election day.
Article 105
105.1. The Sejm chooses from among its members the
Speaker, the deputy speakers, and the secretaries. 105.2.
The Speaker of the Sejm chairs the deliberations of the Sejm, guards the rights
of the Sejm, and represents the Sejm outside.
105.3. The course
of work of the Sejm monitored by the Sejm Presidium. 105.4. The Sejm Presidium
consists of the Sejm and vice speakers.
Article 106
The Sejm appoints standing committees and may establish
special committees.
Article 107
107.1. The Sejm may appoint an investigating
committee
to investigate a particular matter.
107.2. The
operating procedure of the investigating committee is defined by law.
Article 108
108.1. The
internal organization and order of work of the Sejm, as well as the procedure
for the appointment and activities of its bodies and the manner in which
government agencies perform their constitutional and legal duties vis a vis the
Sejm are defined by the house rules defined by the Sejm.
108.2. The
provisions of the Sejmls house rules may not infringe upon the powers of other
government organs as defined in the Constitution and the laws.
Article 109
Sessions of the Sejm are public. If so required by the good of the State, the Sejm may resolve, by
an absolute majority of votes and in the presence of at least one-half of the
statutory number of deputies, to deliberate in a
closed session.
Article 110
110.1. In cases defined by the Constitution the Sejm
and the Senate, convening jointly under the chairmanship
of the Speaker of the Sejm, or, in his absence, of the Speaker of the Senate,
act as the National Assembly. 110.2. The National Assembly adopts its own house
rules.
Article 111
111.1. The
Chairman of the Council of Ministers and its members have the obligation of
providing answers to the
and its bodies is the Speaker of
interpellations or questions of Sejm deputies within 21 days.
111.2. The
Chairman of the Council of Ministers and its members have the obligation of
providing answers on current affairs at every sitting of the Sejm.
Article 112
112.1. The Sejm
decides on behalf of the Republic of Poland on the declaration of war and the
conclusion of peace.
112.2. The Sejm
may adopt a resolution declaring war only in the event of an armed attack on
the territory of the Republic of Poland or when an obligation of common defense
against aggression ensues from international agreements. In the event that it is not possible for the
Sejm to assemble, the President of the Republic decides on the declaration of
war.
Article 113
113.1. The
principles for using the Armed Forces of the Republic of Poland outside the
boundaries of the State are defined by law.
The principles for the sojourn on or movement of foreign troops across
the territory of the Polish Republic are defined by ratified international
agreements or by laws.
113.2. The
stationing and utilization of the Armed Forces of the Republic of Poland
outside the boundaries of the State, or any prolonged sojourn of foreign troops
on the territory of the Republic of Poland, or their movement across said
territory, requires prior concurrence of the Sejm as expressed in a resolution.
113.3. In urgent
situations in which the Sejm is unable to adopt a resolution, the President of
the Republic may order, on the recommendation of the Council of Ministers,
using the Armed Forces of the Republic of Poland without the concurrence of the
Sejm. Under the same circumstances and
by the same procedure the President of the Republic expresses consent to the
sojourn of foreign troops on the territory of the Republic of Poland or to
their movement across said territory.
Article 114
114.1. Legislative
initiative belongs to the deputies, the Senate, the President, and the Council
of Ministers. 114.2. Legislative initiative also belongs to groups of at least
100,000 citizens having the right to vote for the Sejm. The operating procedure in this case is
defined by law.
114.3. When
presenting draft laws to the Sejm, deputies also present the financial
consequences of their passage. Article
115
115.1. The Sejm
considers a draft law in the course of its three successive readings.
115.2. The right
to propose amendments to draft laws during their consideration by the Sejm
belongs to the presenter, the deputies, and the Council of Ministers. 115.3.
The Speaker of the Sejm may refuse to present for a vote an amendment which has
not previously been submitted to a committee.
115.4. The
presenter may withdraw the draft law during its legislative proceedings in the
Sejm before its second reading is completed.
Article 116
The Sejm passes laws by an ordinary majority of votes,
in the presence of at least one-half of the statutory
number of deputies, unless the Constitution provides for a
different majority.
By the same procedure the Sejm shall adopt resolutions unless the
provisions of laws or of Sejm resolutions specify otherwise.
Article 117
117.1. Once a law
is passed by the Sejm, it is transmitted by the Speaker of the Sejm to the
Senate. 117.2. Within 30 days from the transmittal of the law the Senate may
either accept it unamended or propose amendments thereto or reject it in its
entirety. If the Senate does not adopt
a resolution concerning said law within 30 days form its transmittal, the law
is considered as accepted and as having the language adopted by the Sejm.
117.3. A Senate resolution rejecting a law or proposing an amendment thereto is
considered as accepted if the Sejm does not, in its turn, reject it by an
absolute majority of votes in the presence of at least one-half of the
statutory number of deputies.
Article 118
118.1. Once a law
is adopted by the procedure defined in Article 117, the Speaker of the Sejm
presents the law to the President of the Republic for signing.
118.2. The
President of the Republic signs the law within 21 days from the day of its
presentation and orders its publication in DZIENNIK USTAW RZECZYPOSPOLITEJ
POLSKIEJ (Legislative Record of the Polish Republic].
118.3. Before
signing the law the President of the Republic may request the Constitutional
Tribunal to verify its consonance with the Constitution. The President's request to the
Constitutional Tribunal is tantamount to vetoing the law and suspends the
period of time envisaged for its signing.
The President of the Republic may not veto a law which the
Constitutional Tribunal rules consonant with the Constitution.
118.4. The
President of the Republic vetoes a law which the Constitutional Tribunal rules
inconsonant with the Constitution. If,
however, that inconsonance applies only to discrete provisions of the law and
the Tribunal does not rule that they are inseparable from the law as a whole,
the President, upon consulting the Speaker of the Sejm, signs the law upon
omitting the provisions ruled to be inconsonant with the Constitution or
returns the law to the Sejm for elimination of the attendant inconsistencies.
118.5. If the
President of the Republic does not turn to the Constitutional Tribunal by the
procedure specified in Paragraph 3, he may return the law in question, together
with a rationale, to the Sejm for reconsideration. Should the Sejm once again pass said law, this time by a majority
of two-thirds of the votes, in the presence of at least one-half of the
statutory number of deputies, the President of the Republic signs the law
within seven days and orders its publication in DZIENNIK USTAW RZECZYPOSPOLITEJ
POLSKIEJ. In the event that the Sejm
again passes the law, the President of the Republic is not empowered to turn to
the Constitutional Tribunal by the procedure specified in Paragraph 3.
Article 119
119.1. The
Council of Ministers may request the Sejm to consider a draft law as urgent.
119.2. The house rules of the Sejm and the Senate
define the differences in their legislative
treatment of
urgent draft laws.
119.3. In cases of urgent draft laws, the time limit
for their consideration by the Senate is 14 days, and for
their signing by the President, seven days.
Article 120
The Senate supports the activities of the agencies of public administration and public organizations intended to preserve the bonds between the Poles who live abroad and the national cultural heritage.
Article 121
Articles 105-106, 108-109, and 116 apply
correspondingly to the Senate.
Article 122
122.1. Matters of
special importance to the State may be subjected to a national referendum.
122.2. The Sejm
has the right to order a national referendum by an absolute majority of votes
in the presence of at least one-half of the statutory number of deputies. Otherwise, the President of the Republic of
the Republic may order it with the consent of the Senate as expressed by an
absolute majority of votes in the presence of at least one-half of the
statutory number of senators.
122.3. If more than one-half of the eligible voters take part in a
national referendum, the results of the referendum are binding.
122.4. The validity of the national referendum and of
the referendum referred to in Article 231, Paragraph 6, is verified by the
Supreme Court.
122.5. The
principles and procedure for conducting the referendum are defined by law.
Chapter V. The President of the Republic of Poland Article
123
123.1. The President of the Republic is the supreme representative of the Republic of Poland and the guarantor of the continuity of governance.
123.2. The
President of the Republic watches over adherence to the Constitution and stands
guard over national sovereignty and security and the inviolability and
indivisibility of the territory of the State.
123.3. The
President of the Republic discharges his duties to the extent and on the
principles defined in the Constitution and laws.
Article 124
124.1. The President of the Republic is elected by
the
Nation in general, equal, and direct elections, and
by
secret ballot.
124.2. The President of the Republic is elected for a
term of five years and may be reelected only once. 124.3.
Any Polish citizen who has attained the age of 35 and is fully eligible to vote
for the Sejm may be elected President. A candidate has to be nominated by at least
100,000 voters who are eligible to vote for Sejm deputies. 124.4. The candidate
elected is one who has received more than one-half of the valid ballots
cast. If no candidate gains the
required majority of votes, runoff elections are held 14 days following the initial elections.
124.5. In the runoff elections a choice is made between the two candidates who
had during the first elections won the most votes. If one of these two candidates withdraws his consent to
candidacy, forfeits his eligibility to vote, or dies, he is replaced in the
runoff elections by the candidate who had received the next largest number of
votes in the initial elections. In this
event the date of the runoff elections is postponed by an additional 14 days.
124.6. In the runoff elections the President-elect is
the candidate who receives the most votes.
124.7. The principles and procedure for nominating
candidates and conducting elections as well as the requirements for the
validity of election of the President of the Republic are defined by law.
Article 125
125.1. The term
of office of the President of the Republic begins on the day he takes office.
125.2. Presidential
elections are ordered by the Speaker of the Sejm for a day that is not earlier
than 100 days and not later than 75 days prior to the elapse of the term of
office of the incumbent President, and in the event the office of the President
of the Republic is vacated, not later than 14 days after it is vacated, on
designating election day on a nonworkday within not more than 60 days after the
day the elections are ordered.
Article 126
126.1. The
validity of election of the President of the Republic is established by the Supreme
Court.
126.2. Voters
have the right to lodge with the Supreme Court a protest against the validity
of election of the President of the Republic, following the principles defined
by law.
126.3. In the
event the election of the President of the Republic is found to be invalid, new
elections are held on the principles defined in Article 125, Paragraph 2, that
apply to a vacant presidency.
Article 127
The President of the Republic takes office upon swearing
before the National Assembly the following oath: "on assuming by the will
of the Nation the office of the President of the Republic of Poland, I swear
that I shall remain faithful to the provisions of the Constitution, guard
adamantly the dignity of the Nation and the independence and security of the State,
and that to me the good of the Fatherland and the welfare of the citizens shall
always remain the paramount behest."
The oath may be sworn upon adding the following words,
"So help me God."
Article 128
128.1. In the
event that the President of the Republic is temporarily unable to exercise his
office, he notifies accordingly the Speaker of the Sejm, upon whom thereupon
the duties of the President of the Republic temporarily devolve. If the President of the Republic is unable
to thus notify the Speaker of the Sejm, the existence of an obstacle to the
President's exercise of his duties is ruled upon by the Constitutional
Tribunal, which entrusts to the Speaker of the Sejm temporary exercise of the
President's duties. 128.2. The Speaker of the Sejm temporarily exercises, until
the election of a new President, the duties of the President of the Republic in
the event of:
1) Demise of the President of the Republic.
2) Resignation of the President of the Republic
from
office.
3) Invalidation
of election of the President of the Republic or other reasons for failure to
take office after the election.
4) Acknowledgment
by the National Assembly of permanent inability of the President of the
Republic to exercise his office owing to the state of his health, by a resolution
adopted by a majority of at least two-thirds of the votes of the statutory
number of members of the National Assembly.
5) Deposal of the President of the Republic from office
by a ruling of the Tribunal of State. 128.3. If the Speaker of the Sejm is
unable to exercise the duties of the President of the Republic, these duties
shall be exercised by the Speaker of the Senate. 128.4. The person temporarily
exercising the duties of the President of the Republic may not decide to
shorten the term of the Sejm.
The President of the Republic may discharge no other
office or public duties, except those associated with his office.
Article 130
130.1.
The President of the Republic, as the representative of
the State in foreign relations:
1)Ratifies and renounces international agreements, whereof
he notifies the Sejm and the Senate.
2) Appoints and recalls authorized representatives of the
Republic of Poland in other countries and in international organizations.
3)Accepts letters of accreditation and recall of the
diplomatic representatives of other countries and international organizations
accredited to him.
130.2. Before ratifying an international agreement the
President of the Republic may request the Constitutional Tribunal to verify its
consonance with the Constitution. 130.3. The President of the Republic
exercises his powers as regards foreign policy in cooperation with the Chairman
of the Council of Ministers and the proper ministers.
Article 131
131.1.
The President of the Republic is the Commander in
Chief of the Armed Forces of the Republic of Poland.
131.2. In peacetime the President of the Republic commands
the Armed Forces through the mediation of the Minister of National Defense.
131.3. The
President of the Republic appoints and recalls the Chief of the General Staff
on the recommendation of the Chairman of the Council of Ministers.
131.4. In time of
war the President of the Republic appoints the Supreme Commander of the Armed
Forces on the recommendation of the Chairman of the Council of Ministers. By the same procedure he may recall the
Supreme Commander of the Armed Forces.
131.5. The
President of the Republic bestows legally prescribed military ranks on the
recommendation of the Minister of National Defense.
131.6. Detailed powers of the President of the
Republic
in his capacity as the Commander in Chief of the
Armed
Forces are defined by law.
Article 132
The advisory body of the President of the Republic on
domestic and foreign security is the National Security Council.
Article 133
In the event of a direct foreign threat to the State,
the President of the Republic, on the recommendation of
the Chairman of the Council of Ministers, orders general or partial
mobilization and use of the Armed Forces in defense of the Republic of Poland.
Article 134
The President of the Republic grants Polish citizenship
and expresses consent to the renunciation thereof.
Article 135
The President of the Republic bestows orders and
decorations.
Article 136
The President of the Republic exercises the right of
pardon. The right of pardon does not
apply to persons sentenced by the Tribunal of State.
Article 137
The President of the Republic may present a message to the
Sejm or the Senate or to the National Assembly. The message is not subject to a debate.
138.1. In cases
of special importance the President of the Republic may convene the Cabinet
Council. The Cabinet Council is formed
by the Council of Ministers deliberating under the chairmanship of the
President.
138.2. The
Cabinet Council lacks the powers of the Council of Ministers.
Article 139
139.1. The President of the Republic issues executive
orders on principles defined in Articles 87 and 88.
139.2. The President of the Republic takes decisions
concerning the implementation of other powers vested in
his office.
Article 140
The Chancellery of the President of the Republic exists
to serve the President of the Republic. The President of the Republic confers a
statute on the Chancellery and appoints and recalls its chief.
Article 141
141.1.
Exercising his constitutional and legal powers,
the President of the Republic issues official acts.
141.2. The official acts of the President of the Republic
need to be validated by the signature of the Chairman of the Council of
Ministers, who is accountable to the Sejm for signing them.
141.3. Paragraph 2 does not apply to:
1) Ordering elections to the Sejm and the Senate.
2) Convening the first sitting of the newly
elected
Sejm and Senate.
3) Shortening the
term of the Sejm in the case defined in Article 93, Paragraph 4.
4) Legislative initiative.
5) Ordering a national referendum.
6) Signing or vetoing a law.
7) Ordering the publication of a law in DZIENNIK
USTAW
RZECZYPOSPOLITEJ POLSKIEJ.
8) Delivering a
message to the Sejm, the Senate, or the National Assembly.
9) Making a request to the Constitutional
Tribunal.
10) Recommending
an audit to the Supreme Chamber of Audits
11) Designating
and appointing the Chairman of the Council of Ministers.
12)Accepting the resignation of the Council of Ministers and charging said Council with a
temporary continued exercise of its duties.
13) Recalling a minister who receives a vote of no
confidence by the Sejm.
14) Convening the Cabinet Council.
15) Bestowing orders and decorations.
16) Making judicial appointments.
17) Exercising the right of pardon.
18) Appointing and recalling members of the National Security
Council.
19) Bestowing a statute on the
Chancellery of the
President, and appointing and
recalling the Chief of the
Chancellery of the President.
20) Resigning the presidency.
Article 142
142.1. The President of the Republic may be held answerable before the
Tribunal of State for violating the Constitution or law or for committing a
crime.
142.2. Impeachment of the President of the Republic may take place by
means of a resolution of the National Assembly passed by a majority of at least
two-thirds of the statutory number of members of the National Assembly, on the
motion of at least 140 members of the National Assembly.
142.3.
On the day the resolution to
impeach the President
of the Republic before the
Tribunal of State is adopted, the discharge of duties by the President of the
Republic is subject to suspension. The
provisions of Article 128 apply accordingly.
Chapter VI. The Council of Ministers and the Government Administration
Article 143
143.1. The Council of Ministers pursues the domestic and foreign
policies of the Republic of Poland. 143.2. Matters relating to national
policies are within the purview of the Council of Ministers, provided that they
are not already arrogated to the jurisdiction of other government agencies and
local governments. 143.3. The Council of Ministers directs the governmental
administration. 143.4. To the extent and on the principles established by the
Constitution and laws, the Council of Ministers, in particular:
1) Assures the
implementation of laws.
2) Issues
executive orders.
3) Coordinates
and monitors the work of the agencies of
governmental administration.
4) Protects the
interests of the State Treasury.
5) Votes on
the draft of the State Budget.
6) Directs the
execution of the State Budget and votes
on closing State accounts as
well as on the report on the execution of the budget.
7) Safeguards
domestic security and public order.
8) Safeguards
the foreign security of the State.
9) Exercises
overall leadership in the field of
relations with other countries
and international organizations.
10) Concludes international agreements
requiring ratification and confirms and renounces other international
agreements.
11)Exercises overall leadership
in the domain of national defense and annually determines the number of
citizens subject to drafting for active military service.
12) Determines its own
organizational structure and operating procedures.
Article 144
144.1.
The Council of Ministers consists of the Chairman of the
Council of Ministers and the ministers.
144.2. Deputy chairmen of the
Council of Ministers may be appointed from among members of the Council of
Ministers. 144.3. The Chairman and deputy chairmen of the Council of Ministers
may also discharge the duties of ministers.
144.4. Chairmen of legally established committees may also be included in the membership of the Council of Ministers.
Article 145
145.1. The Chairman of the Council of Ministers:
1) Represents the Council of Ministers.
2) Directs the work of the Council of Ministers.
3) Issues executive orders.
4) Determines the guidelines for implementing the
national policies pursued by the Council of Ministers and
assures adherence thereto.
5) Coordinates
and supervises the work of members of the Council of Ministers.
6) Exercises,
within the bounds and in the ways defined by the Constitution and law,
oversight of local governments. Article
146
146.1. Ministers
of state are appointed to direct particular branches of the governmental
administration or to exercise the duties assigned to them by the Chairman of
the Council of Ministers. The scope of
activities of a minister directing a particular branch of the governmental
administration is defined by law.
146.2. The
minister directing a branch of the governmental administration issues executive
orders. The Council of Ministers may,
on the recommendation of the Chairman of the Council of Ministers, waive said
executive orders or regulations.
146.3. The
provisions concerning ministers who direct a particular branch of government
administration apply correspondingly to the chairmen of committees referred to
in Article 144, Paragraph 4,
Article 147
Members of the Council of Ministers may not engage in
activities whose nature conflicts with their public duties. Article 148
The Chairman of the Council of Ministers, the deputy
chairmen of the Council of Ministers, and the ministers swear the following
oath in the presence of the President: "On assuming the office of the
Chairman of the Council of Ministers (deputy chairman of the Council of
Ministers, minister), I solemnly swear that I shall remain faithful to the
provisions of the Constitution and other laws of the Republic of Poland, and
that the good of the Fatherland and the welfare of citizens shall always remain
my paramount behest."
The oath may also be sworn upon adding the words, "So
help me God."
Article 149
149.1. The
voivode is the representative of the Council of Ministers in a voivodship.
149.2. The procedure for the appointment and recall of voivodes and the scope
of their activities are defined by law.
Article 150
150.1. The
President of the Republic designates the Chairman of the Council of Ministers
who in his turn proposes members of the Council of Ministers. The President of the Republic appoints the
Chairman of the Council of Ministers together with other members of the Council
of Ministers within 14 days from the first sitting of the Sejm or from
acceptance of resignation of the previous Government, and swears them into
office.
150.2. The Chairman of the Council of Ministers
presents to the Sejm, not later than on the 14th day since
his appointment by the President, the program of action of the Council of
Ministers along with a request for a vote of confidence. The Sejm passes the vote of confidence by an
absolute majority of votes, in the presence of at least one-half of the total
number of deputies.
150.3. In the
event that the Council of Ministers is not appointed by the procedure specified
in Paragraph 1, or that it is not granted a vote of confidence by the procedure
specified in Paragraph 2, the Sejm chooses the Chairman of the Council of
Ministers, and the members of the Council of Ministers whom he proposes, within
14 days after the elapse of the deadlines specified in Paragraphs 1 and 2, by an
absolute majority of votes in the presence of at least one-half of the
statutory number of deputies. The
President of the Republic appoints the thus chosen Government and swears its
members into office.
Article 151
151.1. In the
event of failure to appoint the Council of Ministers by the procedure specified
in Article 150, Paragraph 3, the President of the Republic appoints the
Chairman of the Council of Ministers and, on the latter's recommendation, other
members of the Council of Ministers, within 14 days. Not later than on the 14th day after the appointment of the
Council of Ministers by the President, the Sejm passes a vote of confidence in
the Government by a majority of votes in the presence of at least one-half of
the statutory number of deputies.
151.2. In the
event that a Council of Ministers is not appointed by the procedure specified
in Paragraph 1, the President of the Republic shortens the term of the Sejm and
orders early elections.
Article 152
152.1. Members of
the Council of Ministers are held answerable before the Tribunal of State for
violating the Constitution and law, as well as for crimes perpetrated in
connection with their posts.
152.2. The
resolution to make a member of the Council of Ministers constitutionally
answerable is taken by the Sejm on the motion of at least 115 deputies and by a
majority of three-fifths of the statutory number of deputies.
Article 153
153.1. Members of
the Council of Ministers are jointly and severally answerable to the Sejm.
153.2. Members of
the Council of Ministers also are individually answerable to the Sejm for
matters belonging within the purview of their competences or entrusted to them
by the Chairman of the Council of Ministers.
Article 154
154.1. The Sejm
passes a vote of no confidence in the Council of Ministers by a majority of the
statutory number of deputies on a motion by at least 46 deputies, with the
motion containing the name of a new candidate for the Chairman of the Council
of Ministers. If the resolution is
adopted by the Sejm, the President of the Republic accepts the resignation of
the Council of Ministers and appoints the new Chairman of the Council of
Ministers chosen by the Sejm and, on the Chairman's recommendation, the other
members of the Council of Ministers and swears them in.
154.2. The motion
for the resolution referred to in Paragraph 1 may be subjected to a vote not
earlier than after seven days from the day it is offered. A second motion
may be offered three months after the day on which the original motion was proposed. This time limit does not apply if the motion is offered by at least 115 deputies. Article 155
155.1. The Sejm
may pass a vote of no confidence in a minister. The motion for that vote may be offered by at least 69
deputies. The provisions of Article
154, Paragraph 2, apply correspondingly.
155.2. The
President of the Republic recalls a minister in whom the Sejm passed a vote of
no confidence by a majority of votes of the statutory number of deputies. Article 156
The Chairman of the Council of
Ministers may the Sejm to pass a vote of confidence in the Ministers; this
requires a majority of votes of at least one-half of the statutory number
Article 157
The President, on the motion of
the Chairman Council of Ministers, changes the membership of Ministers.
158.1. The Chairman of the Council of Ministers offers the resignation
of the Council of Ministers at the first sitting of the newly elected Sejm.
158.2. The Chairman of the Council of Ministers also
offers the resignation of the Council of Ministers
in the
event of:
1)The Sejmls failure to pass a vote of confidence in the
Council of Ministers.
2) The passage of a vote of no confidence in the Council
of Ministers by the procedure specified in Article 154.
3) The resignation
of the Chairman of the Council of Ministers.
158.3. The
President, in accepting the resignation of the Council of Ministers, charges it
with the continued exercise of its duties until such time as a new Council of
Ministers is appointed.
158.4.
The President of the Republic may, in the case
referred to in Paragraph 2, Point 3), refuse to accept the
resignation of the Council of Ministers.
Article 159
Local governments perform public duties that are not
reserved by the Constitution or laws for other agencies of government
administration.
Article 160
160.1. The basic
unit of local government is the gmina (township]. Gminas are divided into rural and urban gminas. 160.2. Other
units of regional government or of local and regional government are defined by
law.
160.3. The gmina
performs all the objectives of local government that are not reserved for other
units of local government.
Article 161
161.1. Local
governments are legal entities. They
have the right of ownership and other property rights.
161.2. The autonomy of local governments is protected
by the courts.
Article 162
162.1. The public duties serving to meet the needs of
the self-governing community in a given administrative
unit of the country are performed by units of local government as
their own duties.
162.2. When so warranted by the needs of the
State, laws may recommend to local governments the performance of other public
duties. The law defines the procedure
for the transmission of said duties and the manner in which they are to be
performed.
162.3. Jurisdictional disputes between local governments and the
general governmental administration are resolved by administrative courts.
Article 163
163.1. Local governments are guaranteed participation in public
revenues in accordance with the duties allocated to them.
163.2. The revenues of local governments are their own revenues plus
general subsidies and targeted grants from the State Budget.
163.3. The sources of the revenues of local governments are defined by
law.
163.4. Changes in the objectives and powers of
local governments entail corresponding changes in their share of public
revenues.
Article 164
Local governments have the right
to determine the amount of taxes and local fees they collect, to the extent
defined by law.
Article 165
165.1. Local governments perform their duties through the mediation of
their constituent and executive branches. 165.2. Elections to the constituent
branch are popular, direct, and equal, and take place by secret ballot. The principles and procedure for the nomination
of candidates and conduct of elections are defined by law.
165.3. The principles and procedure for the elections and recall of
local-goverranent executives are defined by law.
165.4. The internal organization of local governments is determined by
their constituent bodies, within the bounds of the applicable laws.
Members of the local community
may decide on matters concerning the community by means of a referendum. The referendum may also concern the recall
of a directly elected local-government representative. The principles and procedure for conducting the referendum are
defined by law. Article 167
167.1. The legality of the activities of local governments is subject
to monitoring.
167.2. The organs monitoring the activities of local governments are
the Chairman of the Council of Ministers and the voivodes and, so far as budget
matters are concerned, the regional accounting chambers.
167.3. The Sejm may, on the recommendation of
Chairman of the Council of Ministers, dissolve the constituent body of a local
government in the event that it glaringly violates the Constitution or the law.
Article 168
168.1. Local governments have the right to associate themselves. The principles and procedure for their
mutual association are defined by law.
168.2. Local
governments have the right to
join international associations of local and regional communities and to
cooperate with the local and regional communities of other countries.
Article 169
Courts and tribunals are a branch of power separate and
independent of the other branches.
Article 170
Courts and tribunals pass sentences in the name of the
Republic of Poland.
Article 171
171.1. The administration of justice in the Republic
of
Poland is exercised by the Supreme Court, common
courts,
administrative courts, and military courts.
171.2. Special
courts or summary proceedings may be established only in wartime.
Article 172
172.1. Judicial proceedings are of at least two-
instance kind.
172.2. The organization and competences of the courts
and proceedings before the courts are defined by
laws. Article 173
Common courts administer justice in all cases except those
reserved under law for the jurisdiction of other courts.
Article 174
174.1. In
exercising their office, judges are independent and subject only to the
Constitution and the law.
174.2. Judges are
provided with the working conditions and remuneration appropriate to the
dignity of their office and the scope of their duties.
174.3. Judges may
not belong to any political party or trade union, and neither may they engage
in any public activities that cannot be reconciled with the principles of
autonomy of the judiciary and independence of judges. Article 175
Judges are appointed by the President of the Republic
on the recommendation of the National Judiciary Council,
for an indefinite period.
Article 176
176.1. Judges are not subject to removal from
office.
176.2. The dismissal or suspension of a judge, or
his
transfer to another site or post against his will may
occur solely by virtue of a ruling handed down by a court of law, and only in
the cases specified by law.
176.3. A judge
may be retired owing to illness or incapacitation. The procedure in this case, including the procedure for appealing
to a court of law, is defined by law.
176.4. The law
specifies the age limit at which judges are retired.
176.5. In the
event of a change in the judicial system or in the boundaries of judicial
districts, a judge may be transferred to another court or retired on full pay. Article 177
A judge may not be prosecuted for a crime or deprived of
liberty without prior consent of the court of law specified by law. A judge may not be detained or arrested
unless caught in flagrante delicto while committing a crime, if his detention
is necessary for assuring a correct course of proceedings. In this event it is necessary to notify the
president of the competent local court, who may order the immediate release of
the detainee.
Article 178
The participation of citizens in the administration of
justice is defined by law.
Article 179
179.1. The activities 179.2. The defined in 179.3.
The elected to Supreme Court exercises oversight of the
of common and military courts as regards rulings.
Supreme
Court also exercises other functions the Constitution and laws.
Chief Justice of the Supreme Court is a six-year term by the Sejm by a
majority of votes in the presence of at least one-half of the statutory number
of deputies, from among candidates nominated by the General Assembly of
Justices of the Supreme Court.
Article
180
The Superior Administrative
Court and other
administrative courts exercise
judicial oversight of the activities of public administration to the extent established by law. That oversight also includes ruling on consonance between laws
and the resolutions of local governments and the normative acts of the local
agencies of general governmental administration.
Article 181
The Chief Justice of the
Superior Administrative Court
is elected to a six-year term by
the Sejm by a majority of votes, in the presence of at least one-half of the
statutory number of deputies, from among candidates nominated by the General
Assembly of Justices of the Superior Administrative Court.
Article 182
182.1. The
National Judiciary Council guards the autonomy of courts and the independence
of judges. 182.2. The National Judiciary Council may request the Constitutional
Tribunal to verify the constitutionality of the normative acts concerning the
autonomy of courts and the independence of judges.
Article 183
183.1. The National Judiciary Council consists of:
1) The Chief Justice of the Supreme Court, the Minister of Justice, the Chief Justice of the Superior Administrative Court, and a person indicated by the President.
2) Fifteen
Justices chosen from among Justices of the Supreme Court and judges of the
common, administrative, and military courts.
3) Four members
chosen by the Sejm from among its deputies and two members chosen by the Senate
from among senators.
183.2. The National Judiciary Council elects from among its members a chairman and two vice chairmen. 183.3. The term of office of the elected members of the National Judiciary Council is four years. 183.4. The organizational structure, scope of activities, and operating procedure of the National Judiciary Council and the procedure for electing its members are defined by law.
Article 184
The Constitutional Tribunal rules on matters pertaining
to:
1) Consonance
between laws and international agreements and the Constitution.
2) Consonance
between laws and ratified international agreements whose ratification requires
prior consent under law.
3) Consonance
between legal regulations issued by the central government agencies and the
Constitution, ratified
international agreements, and laws.
4) Inconsonance between the Constitution and the
goals
or activities of political parties.
5) The constitutional complaints referred to in
Article
75, Paragraph 1.
Article 185
The Constitutional Tribunal resolves jurisdictional
disputes between constitutional organs of the State.
Article 186
186.1. The
rulings of the Constitutional Tribunal have general binding power and are
final.
186.2. The
rulings of the Constitutional Tribunal on matters referred to in Article 184
are subject to being immediately made public in the publication in which the
normative act had been published, and when the ruling concerns a normative act
not thus published, it is subject to publication in DZIENNIK URZEDOWY
RZECZYPOSPOLITEJ POLSKIEJ 'MONITOR POLSKI.1
186.3. Rulings of
the Constitutional Tribunal take effect on the day of their publication. However, the Constitutional Tribunal may
specify a different timetable for voiding a particular normative act. That timetable may provide for a period of
not more than 18 months when a legislative act is concerned, and not more than
12 months when other normative acts are concerned. In the case of rulings that involve financial outlays not
envisaged in the Budget Law, the Constitutional Tribunal specifies the deadline
for voiding a normative act only after consulting the Council of Ministers.
186.4. A ruling
by the Constitutional Tribunal on inconsonance between the Constitution and an
international agreement, a normative act pursuant to which a judicial ruling
had been pronounced, a final administrative decision, or a decision on other
matters, provides the foundation for resuming proceedings, waiving the
decision, or resolving a matter differently, on the principles and by the
procedure envisaged in the regulations governing the proceedings concerned.
Article 187
187.1. The
following may direct a request to the Constitutional Tribunal concerning the
matters referred to
in Article 184:
1) The President, the Speaker of the Seim, the
Speaker
of the Senate, the Chairman of the Council of
Ministers, 50
deputies, 30 senators, the Chief Justice of the Supreme
Court, the Chief Justice of the Superior Administrative Court, the Prosecutor
General, the Chairman of the Supreme Chamber of Audits, and the Citizens'
Rights Spokesman.
2) The National Judiciary Council, to the extent referred
to in Article 182, Paragraph 2.
3) Constituent bodies of local-government units.
4) National trade union bodies and national
officers of
employer organizations and professional organizations.
5) Churches and denominational unions.
6) Entities defined in Article 75, to the extent
specified therein.
187.2. The
entitles referred to in Points 3)-5) may direct such requests to the
Constitutional Tribunal if the normative act in question concerns matters
within their scope of activities.
Article 188
A request on the matters referred to in Article 185 may be
made to the Constitutional Tribunal by: the President,
the Speaker of the
Sejm, the Speaker of the Senate, Chairman of the Council of Ministers, the
Chief Justice of the Supreme Court, the Chief Justice of the Superior
Administrative Court, and the Chairman of the Supreme Chamber of Audits.
Article 189
Any court may pose to the
Constitutional Tribunal a juridical question about the consonance between a
normative act and the Constitution, ratified international agreement, or a
law, if the resolution of the case being examined by the court hinges on the
answer to that juridical question.
Article 190
190.1. The
Constitutional Tribunal consists of 15 justices chosen individually by the Sejm
for a term of nine years from among persons distinguished by their knowledge of
jurisprudence. Reelection to membership
in the Tribunal is inadmissible.
190.2. The Chief
Justice and Deputy Chief Justice of the Constitutional Tribunal are chosen by
the Sejm from among candidates nominated by the General Assembly of Justices of
the Constitutional Tribunal.
Article 191
191.1. The
Justices of the Constitutional Tribunal are independent in exercising their
office and subject to the Constitution alone.
191.2. The
Justices of the Constitutional Tribunal are provided with the working
conditions and remuneration suitable to the dignity of their office and the
scope of their duties.
191.3. The
Justices of the Constitutional Tribunal may not, while holding their posts,
belong to any political party or trade union or engage in public activities
that cannot be reconciled with the principles of judicial autonomy and
independence of judges.
Article 192
A Justice of the Constitutional Tribunal may not be
prosecuted for a crime or deprived of liberty without prior consent of the
Constitutional Tribunal. The Justice
may not be placed in detention, unless he is caught in flagrante delicto while
committing a crime, if his detention is necessary to assuring the proper course
of the proceedings. In this event it is
necessary to immediately notify the Chief Justice of the Constitutional
Tribunal, who may order immediate release of the detainee.
Article 193
The organizational structure of the Constitutional
Tribunal and the rules for proceedings before said Tribunal are defined by law.
Article 194
194.1. For
violating the Constitution or laws in connection with the position held and
within the scope of their duties of office, the following are held
constitutionally accountable before the Tribunal of State: The President; the Chairman of the Council of Ministers and
members of the Council of Ministers; the Chairman of the National Bank of
Poland; the Chairman of the Supreme Chamber of Audits; members of the National
Radio and Television Council; persons entrusted by Chairman of the Council of
Ministers with heading a ministry or a central office; and the Supreme Commander of the Armed Forces.
194.2. Constitutional responsibility before the
the extent specified in Article 102.
194.3.The nature of the penalties imposed by the Tribunal
of State is defined by law.
Article 195
195.1.The Tribunal of State consists of: The chairman,
two vice chairmen, and 16 members, chosen by the Sejm from among persons other than deputies or senators, for the duration of the term of the Sejm. The vice chairmen of the Tribunal and at least one-half of the members of the Tribunal should posses the qualifications required for holding the post of a judge.
195.2. The Chief
Justice of the Supreme Court is the Chairman of the Tribunal of State.
195.3. Members of
the Tribunal of State are independent and subject only to the Constitution and the
laws when exercising their duties as
Justices of the Tribunal of State.
Article 196
A member of the
Tribunal of State may not be prosecuted for a crime or deprived of liberty without
prior consent of the Tribunal. The
member may not be detained or arrested, unless he is caught in flagrante
delicto while committing a crime, if his detention is necessary to assure the
proper course of the proceedings. In this
event it is necessary to immediately notify the Chairman of the Tribunal of
State, who may order immediate release of the detainee.
Article 197
The organizational structure of the
Tribunal of State
and the proceedings before the Tribunal
are defined by law. Chapter IX.
Agencies of State Control and Law Enforcement
The
Supreme Chamber of Audits
Article 198
198.1. The Supreme Chamber of Audits is the supreme agency of state control.
198.2. The Supreme Chamber of Audits is subject to the Sejm.
198.3. The Supreme Chamber of Audits operates as a collegial body.
Article 199
199.1. The Supreme Chamber of Audits monitors the legality, efficiency
of management, purposiveness, and integrity of the activities of the agencies
of governmental administration, the National Bank of Poland, governmental legal
entities, and other governmental organizational units. 199.2. The Supreme
Chamber of Audits may monitor the legality of the activities of
local-government agencies and municipal legal entities and
other municipal organizational units.
199.3. The Supreme Chamber of Audits may also
monitor the legality and efficiency of management of the activities of other organizational
units and companies to the extent to which they utilize State or municipal assets
or funds and settle their financial obligations to the State.
Article 200
200.1. The
Supreme Chamber of Audits presents to the
Sejm:
1) Analyses of
execution of the State Budget and of the premises of monetary policy. 2)
Opinions on accepting the reports of the Council of Ministers.
3) Information on
results of audits, recommendations and comments, as defined by law.
200.2. The
Supreme Chamber of Audits presents to the Sejm an annual report on its
activities.
Article 201
201.1. The
Chairman of the Supreme Chamber of Audits is appointed by the Sejm with the
consent of the Senate for a term of six years and may be reappointed only once.
201.2. The Chairman of the Supreme Chamber of Audits may not hold any other
post other than that of a professor at an institution of higher education, nor
perform any extraneous professional duties.
201.3. The
Chairman of the Supreme Chamber of Audits may not belong to any political party
or trade union, and neither may he engage in public activities that cannot be
reconciled with the dignity of his office.
Article 202
The Chairman of the Supreme Chamber of Audits may be
neither prosecuted for a crime nor deprived of liberty in the absence of prior
concurrence of the Sejm. Said Chairman
may not be detained or arrested, unless he was caught in flagrante delicti while
committing a crime, if his detention is indispensable to assuring the proper
course of the proceedings. In this
event it is necessary to immediately notify the Speaker of the Sejm, who may
order immediate release of the detainee.
Article 203
The organizational structure and operating procedures of
the Supreme Chamber of Audits are defined by law. The Citizens' Rights Spokesman
Article 204
204.1. The
Citizens' Rights Spokesman guards the rights and liberties of man and citizen
as defined in the Constitution and other normative acts.
204.2. The scope of activities and operating
procedure
of the Citizens' Rights Spokesman are defined by law.
Article 205
205.1. The Citizens' Rights Spokesman is appointed by
the Sejm with the consent of the Senate for a term of five
years.
205.2. The
Citizens' Rights Spokesman may not hold any other post other than that of a
professor at a higher educational institution, nor engage in any extraneous
professional activities.
205.3. The
Citizens' Rights Spokesman may not belong to any political party or trade
union, and neither may he engage in public activities that cannot be reconciled
with the dignity of his office.
Article 206
The Citizens' Rights Spokesman operates on his own,
independently of other government agencies, and is answerable only to the Sejm
on principles defined by law. Article
207
The Citizens' Rights Spokesman may be neither prosecuted
for a crime nor deprived of liberty in the absence of prior concurrence of the
Sejm. The Citizens' Rights Spokesman
may not be detained or arrested, unless he was caught in flagrante delicti
while committing a crime, if his detention is indispensable to assuring the
proper course of the proceedings. In
this event it is necessary to immediately notify the Speaker of the Sejm, who
may order immediate release of the detainee.
Article 208
Sejm about his activities and about the status of
observance
of the rights and liberties of
man and citizen. The National Radio and Television Council Article 209
209.1. The National Radio and Television Council guards freedom of
speech, the right to information, and public interest in radio and television.
209.2. The National Radio and Television Council issues executive
orders, and it also adopts resolutions concerning individual cases.
Article 210
210.1. The members of the
National Radio and Television
Council are appointed by the Sejm,
the Senate, and the
President.
210.2. The Chairman of the National Radio and Television Council is
appointed by the Sejm from a list of two candidates from among the members of
the Council, nominated by the Council.
Article 211
The principles and operating
procedure of the National Radio and Television Council, its organizational structure,
and detailed guidelines for appointing its members are defined by law.
Article 212
212.1. Funds for public purposes are obtained and utilized by the legally
prescribed procedure.
212.2. The acquisition and sale of, and the imposition of liens, on
real estate, stocks, and shares as well as the issuance of securities, by the
State Treasury, the National Bank of Poland, or other governmental legal
entities, take place on the principles and by the procedure defined by
law. The establishment of a monopoly
takes place by law. 212.3. Government borrowing and the granting of loan guarantees
by the Government take place on the principles and by the procedure defined by law.
212.4. Loans may not be raised, nor loan guarantees granted, if this
causes the ratio of public debt to the value of the annual gross national
product to exceed three-fifths. The
procedure for calculating the annual gross national product is defined by law.
Article 213
213.1. The levying of taxes and other personal and material fees and
the determination of taxable subjects and objects, tax rates, and guidelines
for granting rebates and moratoriums and the tax-exempt categories are defined by
law.
213.2. Taxes and public fees should not deprive citizens or other
persons and entities of income or assets to the extent making it impossible for them to benefit from said income
and assets in accordance with the essence of the right of ownership.
Article 214
The organizational
structure of the State Treasury and the procedure for managing its assets are
defined by law.
Article 215
215.1. The
Sejm votes on the State budget for the
fiscal year in
the form of the budget law.
215.2. The
principles and procedure for drafting the
State budget, its itemization,
and other requirements which should be met by the draft of the budget
law, and the principles and procedure for executing the State budget, are
defined by law.
215.3. In exceptional cases the receipts and spending
of the State within a period shorter than a year may be
defined by an interim budget law. The
provisions governing the draft of the budget law apply correspondingly to the
draft of the interim budget law.
215.4. If the
budget law or the interim budget law does not take effect on the first day of
the fiscal year, the Council of Ministers handles fiscal management on the
basis of the proposed draft law.
Article 216
216.1. Higher-than-planned
spending or a reduction in planned receipts by the Council of Ministers may not
result in voting on a budget deficit greater than that envisaged in the draft
budget law.
216.2. The budget
law may not provide for offsetting the budget deficit by borrowing on credit
from the central bank of the State.
Article 217
Legislative initiative on the budget law, on the
interim budget law, on amendments to the budget law, on
the law on contracting public debt, and on the law on granting financial
guarantees by the State belongs solely to the Council of Ministers.
Article 218
The Council of Ministers presents to the Sejm the draft
budget law not later than three months before the commencement of the new
fiscal year. In special cases the
presentation of the draft budget law may be delayed. Article 219
The Senate may propose amendments to the budget law within
20 days from the day of its transmission to the Senate.
Article 220
220.1. The
President of the Republic signs within seven days the budget law, or the
interim budget law, presented by the Speaker of the Sejm and orders its
publication in DZIENNIK URZEDOWY RZECZYPOSPOLITEJ POLSKIEJ. The provisions of Article 118, Paragraph 5,
do not apply to the budget law and the interim budget law.
220.2. In the
event that the President of the Republic requests the Constitutional Tribunal
to verify the consonance between the Constitution and the budget law or the
interim budget law before signing it, the Tribunal rules thereon not later than
within two months after receiving said request.
Article 221
If within four months from the day the draft budget law is
presented to the Sejm, it is not presented to the President of the Republic for
signature, the President may order within 14 days afterward shortening the term
of office of the Sejm.
Article 222
222.1. The Council of Ministers presents to the Sejm
a
report on the execution of the State budget, together
with
information on the status of the national debt, within
five months after the end of the fiscal year.
222.2. The Sejm
examines the report of the Council of Ministers and, upon consulting the
Supreme Chamber of Audits, it adopts a resolution approving or disapproving the
report of the Council of Ministers within 90 days from the day that report is
presented to the Sejm.
Article 223
223.1. The National Bank of Poland is the central
bank
of the State and has the exclusive right to issue
money and
to establish and pursue a monetary policy. The National Bank of Poland is responsible
for the value of the Polish currency.
223.2. The organs
of the National Bank of Poland are: the Chairman of the National Bank of
Poland, the Council on Monetary Policy, and the Board of Governors of the
National Bank of Poland.
223.3. The
Chairman of the National Bank of Poland is appointed by the Sejm on the
recommendation of the President
of the Republic for a term of six years.
223.4. The Chairman of the National Bank of Poland
is a
member of the Council on Monetary Policy and chairs
it. The
other members of the Council are appointed for a term of
six years from among financial experts, in equal numbers by the President, the
Sejm, and the Senate.
223.5. The
Council on Monetary Policy annually determines the premises of monetary policy
and notifies the Sejm thereof concurrently with the presentation of the draft
budget law by the Council of Ministers.
The Council on Monetary Policy presents to the Sejm a report on the
implementation of the premises of monetary policy. 223.6. The organizational
structure and operating procedures of the National Bank of Poland and the
detailed guidelines for the appointment and recall of its directors are defined
by law.
Article 224
224.1. In the
event that ordinary constitutional means are insufficient in situations of
special peril, a corresponding state of emergency, state of war, martial law,
or state of natural disaster may be declared.
224.2. A state of
emergency may be declared only by a lawful executive order, which is
additionally subject to being publicly announced.
224.3. The law
defines the guidelines for action by public authorities and the extent to which
the rights and liberties of man and citizen may be abridged for the duration of
the various states of emergency.
224.4. The law
may define the principles, scope, and procedure for the compensation of
material damages ensuing from the abridgment of the rights and liberties of man
and citizen during a state of emergency.
224.5. The
actions taken as a result of the declaration of a state of emergency must
remain proportional to the magnitude of the peril and should be intended to
restore as soon as possible the conditions for a normal functioning of the Government.
224.6. While the
state of emergency lasts there can be no amending of: the Constitution; the
laws governing elections to the Sejm, the Senate, and local-government bodies;
the law governing Presidential elections; and the law on states of emergency.
224.7. While the
state of emergency lasts, and for 90 days afterward, there can be no shortening
of the term of the Sejm, no national referendum may be held, no elections to
the Sejm, the Senate, and local-government bodies may be held, and no Presidential
elections may be held; the terms of office of these organs are subject to a
commensurate extension. Elections to
local-government bodies may be held only in the areas where no state of
emergency is imposed. Article 225
In the event of an external peril to the State, or an
armed attack on the Republic of Poland, or when the
obligation of a common
defense against aggression ensues
from international agreements, the President of the Republic may, on the
recommendation of the Council of Ministers, declare a state of war in parts or
on the entire territory of the State.
Article 226
226.1. In the event of a constitutional peril to the
polity of the State, the security of citizens, or thepublic
order, the President of the Republic may, on the
recommendation of the Council of Ministers, declare, for a
specified period of time to be no longer than 90 days, a state of emergency in
parts or on the entire territory of
the State.
226.2. Any
prolongation of the state of emergency may occur only once, for a period of not
more than 60 days, with the concurrence of the Sejm.
Article 227
The declaration of a state of war or of a state of
emergency is presented by the President of the Republic to the Sejm within 48
hours after signing the executive order, for immediate consideration by the
Sejm. The Sejm may waive the
Presidential declaration by a majority of votes in the presence of at least
one-half of the statutory number of deputies.
Article 228
To avert the consequences of natural disasters or of
technological breakdowns bearing the hallmarks of a natural disaster, and with
the object of eliminating them, the Council of Ministers may declare for a
specified period, not longer than 30 days, a state of natural disaster for
parts or the entire territory of the State.
229.1. The law
defining the scope of the abridgments of the rights and liberties of man and
citizen during a state of war or a state of emergency may not abridge the
Constitutional guarantees of the dignity of man (Article 28), citizenship
(Article 32, Paragraph 1, and Article 34), protection of life (Article 36),
humanitarian treatment (Article 38 and Article 41, Paragraph 4), penal
accountability (Article 43), the right to due process (Article 43), personal
and privacy rights (Article 45), freedom of conscience and religion (Article
51), the right of petition (Article 61), and the rights of the family and the
child (Articles 46 and 69).
229.2. The
abridgment of the rights and liberties of man and citizen solely by reason of
race, gender, language, creed or its absence, social origin, birth, or
property, is inadmissible.
229.3. Laws
defining the scope of the abridgments of the rights and liberties of man and
citizen during a state of natural disaster may curtail the Constitutional
guarantees of rights and liberties defined in Article 19, Paragraph 1 (right of
ownership); Article 20, Paragraph 1 (freedom of economic activity); Article 41,
Paragraphs 1, 3-5 (personal freedom); Article 50, Paragraph 1 (freedom of
movement and sojourn on the territory of the Republic of Poland; Article 57,
Paragraph 3 (the right to strike); Article 63, Paragraph 1 (freedom of
employment); Article 64, Paragraph 1 (the right to safe and hygienic working
conditions); and Article 64, Paragraph 2 (the right to vacation).
Article 230
In the event that during a state of war the Sejm is
unable to assemble, the President of the Republic shall,
to the extent and within the bounds defined in Article 224, Paragraphs 3-5, on
the recommendation of the Council of Ministers, issue executive orders having
the power of laws. These executive
orders are subject to confirmation by the Sejm at its next sitting.
Article 231
231.1. A draft
law on amending the Constitution may be proposed by at least one-fifth of the
statutory number of deputies, by the Senate, or by the President.
231.2. Amending
the Constitution takes place by means of a resolution adopted in the same
language by both the Sejm and, subsequently within not more than 60 days, the
Senate.
231.3.
The first reading of the draft law on amending the
Constitution may be held not earlier than on the 30th day
after the draft law is presented to the Sejm.
231.4. The draft law on amending the Constitution is
passed by the Sejm by a majority of at least two-thirds of the votes in the
presence of at least one-half of the statutory number of deputies, and by the
Senate by an absolute majority of votes in the presence of at least one-half of
the total statutory number of senators.
231.5. Laws on
amending the provisions of Chapters I, II, or XII of the Constitution may be
passed by the Sejm not earlier than on the 60th day after the first reading of
their drafts.
231.6. In the
event that the law on amending the Constitution concerns amending Chapter I,
II, or XII, the Sejm, the Senate, or the President of the Republic may demand
holding a ratifying referendum thereon within 45 days from the day said law is
passed by the Senate. A corresponding
proposal is made to the Speaker of the Sejm, who thereupon orders holding the
referendum within 60 days afterward. An
amendment to the Constitution is approved if it is supported by a majority of
the voters in the referendum.
231.7. After the
procedure defined in Paragraphs 4 and 6 is completed, the Speaker of the Sejm
presents the adopted amendment for signing to the President of the
Republic. The President of the Republic
signs the amendment within 21 days from the day of its presentation and orders
its publication in DZIENNIK USTAW RZECZYPOSPOLITEJ POLSKIEJ.
Chapter XIII.
Interim and Final Provisions Article 232
232.1. Within two
years from the day the Constitution takes effect the Council of Ministers shall
present to the Sejm drafts of the laws needed to apply the Constitution. 232.2.
The laws implementing Article 172, Paragraph 1, insofar as it concerns
proceedings before administrative courts shall be passed within five years from
the day the Constitution takes effect.
Article 233
233.1. The terms
of office of the constitutional organs of public administration and of their
members, whether elected or appointed before the Constitution takes effect, end
with the elapse of the period of time defined in the provisions binding on the
effective date of the Constitution.
233.2. In the
event that the regulations binding before the effective date of the
Constitution do not specify such terms of office and the period of time
elapsing since the
day of election or appointment is longer than that
established by the Constitution, the constitutional term of office of the
organs of public administration or for their members elapses one year after the
effective date of the Constitution.
233.3. In the
event that the regulations binding before the effective date of the
Constitution do not specify such terms of office and the period of time
elapsing since the day of the election or appointment is shorter than that
established by the Constitution for the constitutional organs of public
administration or for their members, the period of time during which said
organs or individuals have been discharging their duties pursuant to the
heretofore binding provisions is credited to the term of office established by
the Constitution.
Article 234
For the first two years from the day the Constitution takes
effect the rulings of the Constitutional Tribunal on the inconsonance between
the Constitution and the laws passed prior to said day are not final and are
subject to consideration by the Sejm, which may reject a ruling of the
Constitutional Tribunal by a majority of two-thirds of votes in the presence of
at least one-half of the statutory number of deputies. This does not apply to the rulings issued
consequent to the legal issues addressed to the Constitutional Tribunal.
Article 235
235.1. Within three months from the day the
Constitution of the Republic of Poland is publicly
announced a constitutional law will be passed.
That law, to be termed Implementing Regulations of the Constitution of
the Republic of Poland, is to take effect together with the present
Constitution.
235.2. The
constitutional law referred to in Paragraph 1 is passed pursuant to Article 106
of the constitutional provisions upheld on the basis of Article 77 of the
constitutional law referred to in Article 236, Point 1) Article 236
The following laws are hereby voided:
1) Constitutional
Law of 17 October 1992 Concerning the Relations Between the Legislative and
Executive Branches of the Republic of Poland and Concerning Local Governments
(DZ.U., No. 84, Item 426, 1992; No. 38, Item 184 and No. 150, Item 729, 1995;
and No. 106, Item 488, 1996). 2) Constitutional Law of 23 April 1992 concerning
the Procedure for the Drafting and Passage of the Constitution of the Republic
of Poland (DZ.U., No. 67, Item 336, 1992; No. 61, Item 251, 1994).
The Constitution of the Republic of Poland takes effect
six months from the day of its publication, with the exception of Article 235,
which takes effect on said day of publication.
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