Adopted by National Assembly on: ۲ April ۱۹۹۷
Confirmed by Referendum in: Oct ۱۹۹۷
[Preamble]
havingg regard for the existence and future of our Homeland, Which recovered,
in ۱۹۸۹, the possibility of a sovereign and democratic determination of its
fate,
We, the Polish Nation – all citizens of the Republic,
Both those who believe in God as the source of truth, justice, good and beauty,
As well as those not sharing such faith but respecting those universal values
as arising from other sources,
Equal in rights and obligations towards the common good – Poland,
Beholden to our ancestors for their labours, their struggle for independence
achieved at great sacrifice, for our culture rooted in the Christian heritage
of the Nation and in universal human values,
Recalling the best traditions of the First and the Second Republic,
Obliged to bequeath to future generations all that is valuable from our over
one thousand years” heritage, Bound in community with our compatriots
dispersed throughout the world,
Aware of the need for cooperation with all countries for the good of the Human
Family,
Mindful of the bitter experiences of the times when fundamental freedoms and
human rights were violated in our Homeland,
Desiring to guarantee the rights of the citizens for all time, and to ensure
diligence and efficiency in the work of public bodies, Recognizing our
responsibility before God or our own consciences,
Hereby establish this Constitution of the Republic of Poland as the basic law
for the State, based on respect for freedom and justice, cooperation between
the public powers, social dialogue as well as on the principle of aiding in the
strengthening the powers of citizens and their communities.
We call upon all those who will apply this Constitution for the good of the
Third Republic to do so paying respect to the inherent dignity of the person,
his or her right to freedom, the obligation of solidarity with others, and
respect for these principles as the unshakeable foundation of the Republic of
Poland.
Chapter I The Republic
Article ۱ []
The Republic of Poland shall be the common good of all its citizens.
Article ۲ []
The Republic of Poland shall be a democratic state ruled by law and
implementing the principles of social justice.
Article ۳ []
The Republic of Poland shall be a unitary State.
Article ۴ []
(۱) Supreme power in the Republic of Poland shall be vested in the Nation.
(۲) The Nation shall exercise such power directly or through their
representatives.
Article ۵ []
The Republic of Poland shall safeguard the independence and integrity of its
territory and ensure the freedoms and rights of persons and citizens, the
security of the citizens, safeguard the national heritage and shall ensure the
protection of the natural environment pursuant to the principles of sustainable
development.
Article ۶ []
(۱) The Republic of Poland shall provide conditions for the people”s equal
access to cultural goods which are the source of the Nation”s identity,
continuity and development.
(۲) The Republic of Poland shall provide assistance to Poles living abroad to
maintain their links with the national cultural heritage.
Article ۷ []
The organs of public authority shall function on the basis of, and within the
limits of, the law.
Article ۸ []
(۱) The Constitution shall be the supreme law of the Republic of Poland.
(۲) The provisions of the Constitution shall apply directly, unless the
Constitution provides otherwise.
Article ۹ []
The Republic of Poland shall respect international law binding upon it.
Article ۱۰ []
(۱) The system of government of the Republic of Poland shall be based on the
separation of and balance between the legislative, execcutive and judicial
powers.
(۲) Legislative power shall be vested in the House of Representatives (Sejm)
and the Senate, execcutive power shall be vested in the President of the
Republic of Poland and the Council of Ministers, and the judicial power shall
be vested in courts and tribunals.
Article ۱۱ []
(۱) The Republic of Poland shall ensure freedom for the creation and
functioning of political parties. Political parties shall be founded on the
principle of voluntariness and upon the equality of Polish citizens, and their
purpose shall be to influence the formulation of the policy of the State by
democratic means.
(۲) The financing of political parties shall be open to public inspection.
Article ۱۲ []
The Republic of Poland shall ensure freedom for the creation and functioning of
trades unionns, socio-occupational organizations of farmers, societies,
citizens” movements, other voluntary associations and foundations.
Article ۱۳ []
Political parties and other organizations whose programmes are based upon
totalitarian methods and the modes of activity of nazism, fascism and
communism, as well as those whose programmes or activities sanction racial or
national hatred, the application of violence for the purpose of obtaining power
or to influence the State policy, or provide for the secrecy of their own
structure or membership, shall be forbidden.
Article ۱۴ []
The Republic of Poland shall ensure freedom of the press and other means of
social communication.
Article ۱۵ []
(۱) The territorial system of the Republic of Poland shall ensure the
decentralization of public power.
(۲) The basic territorial division of the State shall be determined by statute,
allowing for the social, economic and cultural ties which ensure to the
territorial units the capacity to perform their public duties.
Article ۱۶ []
(۱) The inhabitants of the units of basic territorial division shall form a
self-governing community in accordance with law.
(۲) Local self-government shall participate in the exercise of public power.
The substantial part of public duties which local self-government is empowered
to discharrge by statute shall be done in its own name and under its own
responsibility.
Article ۱۷ []
(۱) By means of a statute, self-governments may be createed within a
profession in which the public repose confidence, and such self-governments
shall concern themselves with the proper practice of such professions in
accordance with, and for the purpose of protecting, the public interest.
(۲) Other forms of self-government shall also be createed by means of statute.
Such self-governments shall not infringe the freedom to practice a profession
nor limit the freedom to undertake economic activity.
Article ۱۸ []
Marriage, being a unionn of a man and a woman, as well as the family,
motherhood and parenthood, shall be placed under the protection and care of the
Republic of Poland.
Article ۱۹ []
The Republic of Poland shall take special care of veterans of the struggle for
independence, particularly war invalids.
Article ۲۰ []
A social market economy, based on the freedom of economic activity, private
ownership, and solidarity, dialogue and cooperation between social partners,
shall be the basis of the economic system of the Republic of Poland.
Article ۲۱ []
(۱) The Republic of Poland shall protect ownership and the right of succession.
(۲) Expropriation may be allowed solely for public purposes and for just
compensation.
Article ۲۲ []
Limitations upon the freedom of economic activity may be imposed only by means
of statute and only for important public reasons.
Article ۲۳ []
The basis of the agricultural system of the State shall be the family farm.
This principle shall not infringe the provisions of Articles ۲۱ and ۲۲.
Article ۲۴ []
Work shall be protected by the Republic of Poland. The State shall exercise
supervision over the conditions of work.
Article ۲۵ []
(۱) Churches and other religious organizations shall have equal rights.
(۲) Public authorities in the Republic of Poland shall be impartial in matters
of personal conviction, whether religious or philosophical, or in relation to
outlooks on life, and shall ensure their freedom of expression within public
life.
(۳) The relationship between the State and churches and other religious
organizations shall be based on the principle of respect for their autonomy and
the mutual independence of each in its own sphere, as well as on the principle
of cooperation for the individual and the common good.
(۴) The relations between the Republic of Poland and the Roman Catholic Church
shall be determined by international treaty concluded with the Holy See, and by
statute.
(۵) The relations between the Republic of Poland and other churches and
religious organizations shall be determined by statutes adopted pursuant to
agreements concluded between their appropriate representatives and the Council
of Ministers.
Article ۲۶ []
(۱) The Armed Forces of the Republic of Poland shall safeguard the independence
and territorial integrity of the State, and shall ensure the security and
inviolability of its borders.
(۲) The Armed Forces shall observe neutrality regarding political matters and
shall be subject to civil and democratic control.
Article ۲۷ []
Polish shall be the official language in the Republic of Poland. This provision
shall not infringe upon national minority rights resulting from ratified
international agreements.
Article ۲۸ []
(۱) The image of a crowned white eagle upon a red field shall be the
coat-of-arms of the Republic of Poland.
(۲) White and red shall be the colours of the Republic of Poland.
(۳) “Dubrowski”s Mazurka” shall be the national anthem of the Republic of
Poland.
(۴) The coat-of-arms, colours and national anthem of the Republic of Poland
shall be subject to legal protection.
(۵) Details concerning the coat-of-arms, colours and national anthem shall be
specified by statute.
Article ۲۹ []
Warsaw shall be the capital of the Republic of Poland.
Chapter II The Freedoms, Rights, and Obligations of Persons and Citizens
[Section I] General Principles
Article ۳۰ []
The inherent and inalienable dignity of the person shall constitute a source of
freedoms and rights of persons and citizens. It shall be inviolable. The
respect and protection thereof shall be the obligation of public authorities.
Article ۳۱ []
(۱) Freedom of the person shall receive legal protection.
(۲) Everyone shall respect the freedoms and rights of others. No one shall be
compelled to do that which is not required by law.
(۳) Any limitation upon the exercise of constitutional freedoms and rights may
by imposed only by statute, and only when necessary in a democratic state for
the protection of its security or public order, or to protect the natural
environment, health or public morals, or the freedoms and rights of other
persons. Such limitations shall not violate the essence of freedoms and rights.
Article ۳۲ []
(۱) All persons shall be equal before the law. All persons shall have the right
to equal treatment by public authorities.
(۲) No one shall be discriminated against in political, social or economic life
for any reason whatsoever.
Article ۳۳ []
(۱) Men and women shall have equal rights in family, political, social and
economic life in the Republic of Poland.
(۲) Men and women shall have equal rights, in particular, regarding education,
employment and promotion, and shall have the right to equal compensation for
work of similar value, to social security, to hold offices, and to receive
public honours and decorations.
Article ۳۴ []
(۱) Polish citizenship shall be acquired by birth to parents being Polish
citizens. Other methods of acquiring Polish citizenship shall be specified by
statute.
(۲) A Polish citizen shall not lose Polish citizenship except by renunciation
thereof.
Article ۳۵ []
(۱) The Republic of Poland shall ensure Polish citizens belonging to national
or ethnic minorities the freedom to maintain and develop their own language, to
maintain customs and traditions, and to develop their own culture.
(۲) National and ethnic minorities shall have the right to establish
educational and cultural institutions, institutions designed to protect
religious identity, as well as to participate in the resolution of matters
connected with their cultural identity.
Article ۳۶ []
A Polish citizen shall, during a stay abroad, have the right to protection by
the Polish State.
Article ۳۷ []
(۱) Anyone, being under the authority of the Polish State, shall enjoy the
freedoms and rights ensured by the Constitution.
(۲) Exemptions from this principle with respect to foreigners shall be
specified by statute.
[Section II] Personal Freedoms and Rights
Article ۳۸ []
The Republic of Poland shall ensure the legal protection of the life of every
human being.
Article ۳۹ []
No one shall be subjected to scientific experimentation, including medical
experimentation, without his voluntary consent.
Article ۴۰ []
No one may be subjected to torture or cruel, inhuman, or degrading treatment or
punishment. The application of corporal punishment shall be prohibited.
Article ۴۱ []
(۱) Personal inviolability and security shall be ensured to everyone. Any
deprivation or limitation of liberty may be imposed only in accordance with
principles and under procedures specified by statute.
(۲) Anyone deprived of liberty, except by sentence of a court, shall have the
right to appeal to a court for immediate decision upon the lawfulness of such
deprivation. Any deprivation of liberty shall be immediately made known to the
family of, or a person indicated by, the person deprived of liberty.
(۳) Every detained person shall be informed, immediately and in a manner
comprehensible to him, of the reasons for such detention. The person shall,
within ۴۸ hours of detention, be given over to a court for consideration of the
case. The detained person shall be set free unless a warrant of temporary
arrest issued by a court, along with specification of the charrges laid, has
been served on him) within forty-eight hours of the time of being given over to
the court”s disposal.
(۴) Anyone deprived of liberty shall be treated in a humane manner.
(۵) Anyone who has been unlawfully deprived of liberty shall have a right to
compensation.
Article ۴۲ []
(۱) Only a person who has committed an act prohibited by a statute in force at
the moment of commission thereof, and which is subject to a penalty, shall be
held criminally responsible. This principle shall not prevent punishment of any
act which, at the moment of its commission, constituted an offence within the
meaning of international law.
(۲) Anyone against whom criminal proceedings have been brought shall have the
right to defence at all stages of such proceedings. He may, in particular,
choose counsel or avail himself – in accordance with principles specified by
statute – of counsel appointed by the court.
(۳) Everyone shall be presumed innocent of a charrge until his guilt is
determined by the final judgment of a court.
Article ۴۳ []
There shall be no statute of limitation regarding war crimes and crimes against
humanity.
Article ۴۴ []
The statute of limitation regarding actions connected with offences committed
by, or by order of, public officials and which have not been prosecuted for
political reasons, shall be extended for the period during which such reasons
existed.
Article ۴۵ []
(۱) Everyone shall have the right to a fair and public hearing of his case,
without undue delay, before a competent, impartial and independent court.
(۲) Exceptions to the public nature of hearings may be made for reasons of
morality, State security, public order or protection of the private life of a
party, or other important private interest. Judgments shall be announced
publicly.
Article ۴۶ []
Property may be forfeited only in cases specified by statute, and only by
virtue of a final judgment of a court.
Article ۴۷ []
Everyone shall have the right to legal protection of his private and family
life, of his honour and good reputation and to make decisions about his
personal life.
Article ۴۸ []
(۱) Parents shall have the right to rear their children in accordance with
their own convictions. Such upbringing shall respect the degree of maturity of
a child as well as his freedom of conscience and belief and also his
convictions.
(۲) Limitation or deprivation of parental rights may be effected only in the
instances specified by statute and only on the basis of a final court judgment.
Article ۴۹ []
The freedom and privacy of communication shall be ensured. Any limitations
thereon may be imposed only in cases and in a manner specified by statute.
Article ۵۰ []
The inviolability of the home shall be ensured. Any search of a home, premises
or vehicles may be made only in cases and in a manner specified by statute.
Article ۵۱ []
(۱) No one may be obliged, except on the basis of statute, to disclose
information concerning his person.
(۲) Public authorities shall not acquire, collect nor make accessible
information on citizens other than that which is necessary in a democratic
state ruled by law.
(۳) Everyone shall have a right of access to official documents and data
collections concerning himself. Limitations upon such rights may be established
by statute.
(۴) Everyone shall have the right to demand the correction or deletion of
untrue or incomplete information, or information acquired by means contrary to
statute.
(۵) Principles and procedures for collection of and access to information shall
be specified by statute.
Article ۵۲ []
(۱) Freedom of movement as well as the choice of place of residence and sojourn
within the territory of the Republic of Poland shall be ensured to everyone.
(۲) Everyone may freely leave the territory of the Republic of Poland.
(۳) The freedoms specified in Paragraphs (۱) and (۲) above may be subject to
limitations specified by statute.
(۴) A Polish citizen may not be expelled from the country nor forbidden to
return to it.
(۵) Anyone whose Polish origin has been confirmed in accordance with statute
may settle permanently in Poland.
Article ۵۳ []
(۱) Freedom of faith and religion shall be ensured to everyone.
(۲) Freedom of religion shall include the freedom to profess or to accept a
religion by personal choice as well as to manifest such religion, either
individually or collectively, publicly or privately, by worshipping, praying,
participating in ceremonies, performing of rites or teaching. Freedom of
religion shall also include possession of sanctuaries and other places of
worship for the satisfaction of the needs of believers as well as the right of
individuals, wherever they may be, to benefit from religious
services.
(۳) Parents shall have the right to ensure their children a moral and religious
upbringing and teaching in accordance with their convictions. The provisions of
Article ۴۸ (۱) shall apply as appropriate.
(۴) The religion of a church or other legally recognized religious organization
may be taught in schools, but other peoples” freedom of religion and
conscience shall not be infringed thereby.
(۵) The freedom to publicly express religion may be limited only by means of
statute and only where this is necessary for the defence of State security,
public order, health, morals or the freedoms and rights of others.
(۶) No one shall be compelled to participate or not participate in religious
practices.
(۷) No one may be compelled by organs of public authority to disclose his
philosophy of life, religious convictions or belief.
Article ۵۴ []
(۱) The freedom to express opinions, to acquire and to disseminate information
shall be ensured to everyone.
(۲) Preventive censorship of the means of social communication and the
licensing of the press shall be forbidden. Statutes may require the receipt of
a permit for the operation of a radio or television station.
Article ۵۵ []
(۱) The extradition of a Polish citizen shall be forbidden.
۱۲. The extradition of a person suspected of the commission of a crime for
political reasons but without the use of force shall be forbidden.
(۳) The courts shall adjudicate on the admissibility of extradition.
Article ۵۶ []
(۱) Foreigners shall have a right of asylum in the Republic of Poland in
accordance with principles specified by statute.
(۲) Foreigners who, in the Republic of Poland, seek protection from oppression,
may be granted the status of a refugee in accordance with international
agreements to which the Republic of Poland is a party.
[Section III] Political Freedoms and Rights
Article ۵۷ []
The freedom of peaceful assembly and participation in such assemblies shall be
ensured to everyone. Limitations upon such freedoms may be imposed by statute.
Article ۵۸ []
(۱) The freedom of association shall be guaranteed to everyone.
(۲) Associations whose purposes or activities are contrary to the Constitution
or statutes shall be prohibited. The courts shall adjudicate whether to permit
an association to register or to prohibit an association from such activities.
(۳) Statutes shall specify types of associations requiring court registration,
a procedure for such registration and the forms of supervision of such
associations.
Article ۵۹ []
(۱) The freedom of association in trades unionns, socio-occupational
organizations of farmers, and in employers” organizations shall be ensured.
(۲) Trade unionns and employers and their organizations shall have the right
to bargain, particularly for the purpose of resolving collective disputes, and
to conclude collective labour
agreements and other arrangements.
(۳) Trade unionns shall have the right to organize workers” strikes or
other forms of protest subject to limitations specified by statute. For
protection of the public interest, statutes may limit or forbid the conduct of
strikes by specified categories of employees or in specific fields.
(۴) The scope of freedom of association in trade unionns and in employers”
organizations may only be subject to such statutory limitations as are
permissible in accordance with international agreements to which the Republic
of Poland is a party.
Article ۶۰ []
Polish citizens enjoying full public rights shall have a right of access to the
public service based on the principle of equality.
Article ۶۱ []
(۱) A citizen shall have the right to obtain information on the activities of
organs of public authority as well as persons discharrging public functions.
Such right shall also include receipt of information on the activities of
self-governing economic or professional organs and other persons or
organizational units relating to the field in which they perform the duties of
public authorities and manage communal assets or property of the State
Treasury.
(۲) The right to obtain information shall ensure access to documents and entry
to sittings of collective organs of public authority formed by universal
elections, with the opportunity to make sound and visual recordings.
(۳) Limitations upon the rights referred to in Paragraphs (۱) and (۲), may be
imposed by statute solely to protect freedoms and rights of other persons and
economic subjects, public order, security or important economic interests of
the State.
(۴) The procedure for the provision of information, referred to in Paragraphs
(۱) and (۲) above shall be specified by statute, and regarding the House of
Representatives (Sejm) and the Senate by their rules of procedure.
Article ۶۲ []
(۱) If, no later than on the day of vote, he has attained ۱۸ years of age, a
Polish citizen shall have the right to participate in a referendum and the
right to vote for the President of the Republic of Poland as well as
representatives to the House of Representatives (Sejm) and Senate and organs of
local self-government.
(۲) Persons who, by a final judgment of a court, have been subjected to legal
incapacitation or deprived of public or electoral rights, shall have no right
to participate in a referendum nor a right to vote.
Article ۶۳ []
Everyone shall have the right to submit petitions, proposals and complaints in
the public interest, in his own interest or in the interests of another person
– with his consent – to organs of public authority, as well as to organizations
and social institutions in connection with the performance of their prescribed
duties within the field of public administration. The procedures for
considering petitions, proposals and complaints shall be specified by statute.
[Section IV] Economic, Social, and Cultural Freedoms and Rights
Article ۶۴ []
(۱) Everyone shall have the right to ownership, other property rights and the
right of succession.
(۲) Everyone, on an equal basis, shall receive legal protection regarding
ownership, other property rights and the right of
succession.
(۳) The right of ownership may only be limited by means of a statute and only
to the extent that it does not violate the substance of such right.
Article ۶۵ []
(۱) Everyone shall have the freedom to choose and to pursue his occupation and
to choose his place of work. Exceptions shall be specified by statute.
(۲) An obligation to work may be imposed only by statute.
(۳) The permanent employment of children under ۱۶ years of age shall be
forbidden. The types and nature of admissible employments shall be specified by
statute.
(۴) A minimum level of remuneration for work, or the manner of setting its
levels shall be specified by statute.
(۵) Public authorities shall pursue policies aiming at full, productive
employment by implementing programmes to combat unemployment, including the
organization of and support for occupational advice and training, as well as
public works and economic intervention.
Article ۶۶ []
(۱) Everyone shall have the right to safe and hygienic conditions of work. The
methods of implementing this right and the obligations of employers shall be
specified by statute.
(۲) An employee shall have the right to statutorily specified days free from
work as well as annual paid holidays; the maximum permissible hours of work
shall be specified by statute.
Article ۶۷ []
(۱) A citizen shall have the right to social security whenever incapacitated
for work by reason of sickness or invalidism as well as havingg attained
retirement age. The scope and forms of social security shall be specified by
statute.
(۲) A citizen who is involuntarily without work and has no other means of
support, shall have the right to social security, the scope of which shall be
specified by statute.
Article ۶۸ []
(۱) Everyone shall have the right to have his health protected. (۲) Equal
access to health care services, financed from public funds, shall be ensured by
public authorities to citizens, irrespective of their material situation. The
conditions for, and scope of, the provision of services shall be established by
statute.
(۳) Public authorities shall ensure special health care to children, pregnant
women, handicapped people and persons of advanced age.
(۴) Public authorities shall combat epidemic illnesses and prevent the negative
health consequences of degradation of the environment.
(۵) Public authorities shall support the development of physical culture,
particularly amongst children and young persons.
Article ۶۹ []
Public authorities shall provide, in accordance with statute, aid to disabled
persons to ensure their subsistence, adaptation to work and social
communication.
Article ۷۰ []
(۱) Everyone shall have the right to education. Education to ۱۸ years of age
shall be compulsory. The manner of fulfilment of schooling obligations shall be
specified by statute.
(۲) Education in public schools shall be without payment. Statutes may allow
for payments for certain services provided
by public institutions of higher education.
(۳) Parents shall have the right to choose schools other than public for their
children. Citizens and institutions shall have the right to establish primary
and secondary schools and institutions of higher education and educational
development institutions. The conditions for establishing and operating
non-public schools, the participation of public authorities in their financing,
as well as the principles of educational supervision of such schools and
educational development institutions, shall be specified by statute.
(۴) Public authorities shall ensure universal and equal access to education for
citizens. To this end, they shall establish and support systems for individual
financial and organizational assistance to pupils and students. The conditions
for providing of such assistance shall be specified by statute.
(۵) The autonomy of the institutions of higher education shall be ensured in
accordance with principles specified by statute.
Article ۷۱ []
(۱) The State, in its social and economic policy, shall take into account the
good of the family. Families, finding themselves in difficult material and
social circumstances – particularly those with many children or a single parent
– shall have the right to special assistance from public authorities.
(۲) A mother, before and after birth, shall have the right to special
assistance from public authorities, to the extent specified by statute.
Article ۷۲ []
(۱) The Republic of Poland shall ensure protection of the rights of the child.
Everyone shall have the right to demand of organs of public authority that they
defend children against violence, cruelty, exploitation and actions which
undermine their moral sense.
(۲) A child deprived of parental care shall have the right to care and
assistance provided by public authorities.
(۳) Organs of public authority and persons responsible for children, in the
course of establishing the rights of a child, shall consider and, insofar as
possible, give priority to the views of the child.
(۴) The competence and procedure for appointment of the Commissioner for
Children”s Rights shall be specified by statute.
Article ۷۳ []
The freedom of artistic creation and scientific research as well as
dissemination of the fruits thereof, the freedom to teach and to enjoy the
products of culture, shall be ensured to everyone.
Article ۷۴ []
(۱) Public authorities shall pursue policies ensuring the ecological security
of current and future generations.
(۲) Protection of the environment shall be the duty of public authorities.
(۳) Everyone shall have the right to be informed of the quality of the
environment and its protection.
(۴) Public authorities shall support the activities of citizens to protect and
improve the quality of the environment.
Article ۷۵ []
(۱) Public authorities shall pursue policies conducive to satisfying the
housing needs of citizens, in particular combatting homelessness, promoting the
development of low-income housing and supporting activities aimed at
acquisition of a home by each citizen.
(۲) Protection of the rights of tenants shall be established by
statute.
Article ۷۶ []
Public authorities shall protect consumers, customers, hirers or lessees
against activities threatening their health, privacy and safety, as well as
against dishonest market practices. The scope of such protection shall be
specified by statute.
[Section V] Means for the Defence of Freedoms and Rights
Article ۷۷ []
(۱) Everyone shall have the right to compensation for any harm done to him by
any action of an organ of public authority contrary to law.
(۲) Statutes shall not bar the recourse by any person to the courts in pursuit
of claims alleging infringement of freedoms or rights.
Article ۷۸ []
Each party shall have the right to appeal against judgments and decisions made
at first stage. Exceptions to this principle and the procedure for such appeals
shall be specified by statute.
Article ۷۹ []
(۱) In accordance with principles specified by statute, everyone whose
constitutional freedoms or rights have been infringed, shall have the right to
appeal to the Constitutional Tribunal for its judgment on the conformity to the
Constitution of a statute or another normative act upon which basis a court or
organ of public administration has made a final decision on his freedoms or
rights or on his obligations specified in the Constitution.
(۲) The provisions of Paragraph (۱) above shall not relate to the rights
specified in Article ۵۶.
Article ۸۰ []
In accordance with principles specified by statute, everyone shall have the
right to apply to the Commissioner for Citizens” Rights for assistance in
protection of his freedoms or rights infringed by organs of public authority.
Article ۸۱ []
The rights specified in Articles ۶۵ (۴) and (۵), ۶۶, ۶۹, ۷۱, and ۷۴-۷۶, may be
asserted subject to limitations specified by statute.
[Section VI] Obligations
Article ۸۲ []
Loyalty to the Republic of Poland, as well as concern for the common good,
shall be the duty of every Polish citizen.
Article ۸۳ []
Everyone shall observe the law of the Republic of Poland.
Article ۸۴ []
Everyone shall comply with his responsibilities and public duties, including
the payment of taxes, as specified by statute.
Article ۸۵ []
(۱) It shall be the duty of every Polish citizen to defend the Homeland.
(۲) The nature of substitute service shall be specified by statute.
(۳) Any citizen whose religious convictions or moral principles do not allow
him to perform military service may be obliged to perform substitute service in
accordance with principles specified by statute.
Article ۸۶ []
Everyone shall care for the quality of the environment and shall be held
responsible for causing its degradation. The principles of such responsibility
shall be specified by statute.
Chapter III Sources of Law
Article ۸۷ []
(۱) The sources of universally binding law of the Republic of Poland shall be:
the Constitution, statutes, ratified international agreements, and regulations.
(۲) Enactments of local law issued by the operation of organs shall be a source
of universally binding law of the Republic of Poland in the territory of the
organ issuing such enactments.
Article ۸۸ []
(۱) The condition precedent for the coming into force of statutes, regulations
and enactments of local law shall be the promulgation thereof.
(۲) The principles of and procedures for promulgation of normative acts shall
be specified by statute.
(۳) International agreements ratified with prior consent granted by statute
shall be promulgated in accordance with the procedures required for statutes.
The principles of promulgation of other international agreements shall be
specified by statute.
Article ۸۹ []
(۱) Ratification of an international agreement by the Republic of Poland, as
well as denunciation thereof, shall require prior consent granted by statute –
if such agreement concerns:
۱) peace, alliances, political or military treaties;
۲) freedoms, rights or obligations of citizens, as specified in the
Constitution;
۳) the Republic of Poland”s membership in an international organization;
۴) considerable financial responsibilities imposed on the State;
۵) matters regulated by statute or those in respect of which the Constitution
requires the form of a statute.
(۲) The President of the Council of Ministers (the Prime Minister) shall inform
the House of Representatives (Sejm) of any intention to submit, for
ratification by the President of the Republic, any international agreements
whose ratification does not require consent granted by statute.
(۳) The principles of and procedures for the conclusion and renunciation of
international agreements shall be specified by statute.
Article ۹۰ []
(۱) The Republic of Poland may, by virtue of international agreements, delegate
to an international organization or international institution the competence of
organs of State authority in relation to certain matters.
(۲) A statute, granting consent for ratification of an international agreement
referred to in Paragraph (۱), shall be passed by the House of Representatives
(Sejm) by a two-thirds majority vote in the presence of at least half of the
statutory number of Deputies, and by the Senate by a two-thirds majority vote
in the presence of at least half of the statutory number of Senators.
(۳) Granting of consent for ratification of such agreement may also be passed
by a nationwide referendum in accordance with the provisions of Article ۱۲۵.
(۴) Any resolution in respect of the choice of procedure for granting consent
to ratification shall be taken by the House of Representatives (Sejm) by an
absolute majority vote taken in the presence of at least half of the statutory
number of Deputies.
Article ۹۱ []
(۱) After promulgation thereof in the Journal of Laws of the Republic of Poland
(Dziennik Ustaw), a ratified international agreement shall constitute part of
the domestic legal order and shall be applied directly, unless its application
depends on the enactment of a statute.
(۲) An international agreement ratified upon prior consent granted by statute
shall have precedence over statutes if such an agreement cannot be reconciled
with the provisions of such statutes.
(۳) If an agreement, ratified by the Republic of Poland, establishing an
international organization so provides, the laws established by it shall be
applied directly and have precedence in the event of a conflict of laws.
Article ۹۲ []
(۱) Regulations shall be issued on the basis of specific authorization
contained in, and for the purpose of implementation of, statutes by the organs
specified in the Constitution. The authorization shall specify the organ
appropriate to issue a regulation and the scope of matters to be regulated as
well as guidelines concerning the provisions of such act.
(۲) An organ authorized to issue a regulation shall not delegate its
competence, referred to in Paragraph (۱) above, to another organ.
Article ۹۳ []
(۱) Resolutions of the Council of Ministers and orders of the Prime Minister
shall be of an internal charracter and shall bind only those organizational
units subordinate to the organ which issues such act.
(۲) Orders shall only be issued on the basis of statute. They shall not serve
as the basis for decisions taken in respect of citizens, legal persons and
other subjects.
(۳) Resolutions and orders shall be subject to scrutiny regarding their
compliance with universally binding law.
Article ۹۴ []
On the basis of and within limits specified by statute, organs of local
self-government and territorial organs of government administration shall enact
local legal enactments applicable to their territorially defined areas of
operation. The principles of and procedures for enacting local legal enactments
shall be specified by statute.
Chapter IV The House of Representatives (Sejm) and the Senate
[Section ۰ General Provision]
Article ۹۵ []
(۱) Legislative power in the Republic of Poland shall be exercised by the House
of Representatives (Sejm) and the Senate.
(۲) The House of Representatives (Sejm) shall exercise control over the
activities of the Council of Ministers within the scope specified by the
provisions of the Constitution and statutes.
[Section I] Elections and the Term of Office
Article ۹۶ []
(۱) The House of Representatives (Sejm) shall be composed of ۴۶۰ Deputies.
(۲) Elections to the House of Representatives (Sejm) shall be universal, equal,
direct and proportional and shall be conducted by secret ballot.
Article ۹۷ []
(۱) The Senate shall be composed of ۱۰۰ Senators.
(۲) Elections to the Senate shall be universal, direct and shall be conducted
by secret ballot.
Article ۹۸ []
(۱) The House of Representatives (Sejm) and the Senate shall be chosen each for
a ۴-year term of office. The term of office of the House of Representatives
(Sejm) and Senate shall begin on the day on which the House of Representatives
(Sejm) assembles for its first sitting and shall continue until the day
preceding the assembly of the House of Representatives (Sejm) of the succeeding
term of office.
(۲) Elections to the House of Representatives (Sejm) and the Senate shall be
ordered by the President of the Republic no later than ۹۰ days before the
expiry of the ۴ year period beginning with the commencement of the House of
Representatives” (Sejm”s) and Senate”s term of office, and he shall
order such elections to be held on a non-working day which shall be within the
۳۰ day period before the expiry of the ۴ year period beginning from the
commencement of the House of Representatives” (Sejm”s) and Senate”s
term of office.
(۳) The House of Representatives (Sejm) may shorten its term of office by a
resolution passed by a majority of at least two-thirds of the votes of the
statutory number of Deputies. Any shortening of the term of office of the House
of Representatives (Sejm) shall simultaneously mean a shortening of the term of
office of the Senate. The provisions of Paragraph (۵) above shall apply as
appropriate.
(۴) The President of the Republic, after seeking the opinion of the Marshal of
the House of Representatives (Sejm) and the Marshal of the Senate, may, in
those instances specified in the Constitution, order shortening of the House of
Representatives” (Sejm”s) term of office. Whenever the term of office of
the House of Representatives (Sejm) has been so shortened, then the term of
office of the Senate shall also be shortened.
(۵) The President of the Republic, when ordering the shortening of the House of
Representatives” (Sejm”s) term of office, shall simultaneously order
elections to the House of Representatives (Sejm) and the Senate, and shall
order them to be held on a day falling no later than within the ۴۵ day period
from the day of the official announcement of Presidential order on the
shortening of the House of Representatives” (Sejm”s) term of office. The
President of the Republic shall summon the first sitting of the newly elected
House of Representatives (Sejm) no later than the ۱۵th day after the day on
which the elections were held.
(۶) In the event of shortening of the House of Representatives” (Sejm”s)
term of office, the provisions of Paragraph (۱) above shall apply as
appropriate.
Article ۹۹ []
(۱) Every citizen havingg the right to vote, who, no later than on the day of
the elections, has attained the age of ۲۱ years, shall be eligible to be
elected to the House of Representatives (Sejm).
(۲) Every citizen havingg the right to vote, who, no later than on the day of
the elections, has attained the age of ۳۰ years, shall be eligible to be
elected to the Senate.
Article ۱۰۰ []
(۱) Candidates for Deputies and Senators may be nominated by political parties
or voters.
(۲) No one may stand for election to the House of Representatives (Sejm) and
the Senate at the same time.
(۳) The principles of and procedures for the nomination of candidates and the
conduct of the elections, as well as the
requirements for validity of the elections, shall be specified by statute.
Article ۱۰۱ []
(۱) The Supreme Court shall adjudicate upon the validity of the elections to
the House of Representatives (Sejm) and the Senate.
(۲) A voter shall have the right to submit a complaint to the Supreme Court
against the validity of the elections in accordance with principles specified
by statute.
[Section II] Deputies and Senators
Article ۱۰۲ []
No one may be a Deputy and Senator at the same time.
Article ۱۰۳ []
(۱) The mandate of a Deputy shall not be held jointly with the office of the
President of the National Bank of Poland, the President of the Supreme Chamber
of Control, the Commissioner for Citizens” Rights, the Commissioner for
Children”s Rights or their deputies, a member of the Council for Monetary
Policy, a member of the National Council of Radio Broadcasting and Television,
ambassador, or with employment in the Chancellory of the House of
Representatives (Sejm), Chancellery of the Senate, Chancellery of the President
of the Republic, or with employment in government administration. This
prohibition shall not apply to members of the Council of Ministers and
secretaries of state in government administration.
(۲) No judge, public prosecutor, officer of the civil service, soldier on
active military service or functionary of the police or of the services of
State protection shall exercise the mandate of a Deputy.
(۳) Other instances prohibiting the holding of a mandate of a Deputy or
prohibiting the exercise of a mandate jointly with other public functions may
be specified by statute.
Article ۱۰۴ []
(۱) Deputies shall be representatives of the Nation. They shall not be bound by
any instructions of the electorate. (۲) Deputies, before the commencement of
the exercise of the mandate, shall take the following oath in the presence of
the House of Representatives (Sejm): “I do solemnly swear to perform my duties
to the Nation diligently and conscientiously, to safeguard the sovereignty and
interests of the State, to do all within my power for the prosperity of the
Homeland and the well-being of its citizens, and to observe the Constitution
and other laws of the Republic of Poland.”
The oath may also be taken with the additional sentence “So help me, God.”
(۳) A refusal to take the oath shall be deemed to be a renunciation of the
mandate.
Article ۱۰۵ []
(۱) A Deputy shall not be held accountable for his activity performed within
the scope of a Deputy”s mandate during the term thereof nor after its
completion. Regarding such activities, a Deputy can only be held accountable
before the House of Representatives (Sejm) and, in a case where he has
infringed the rights of third parties, he may only be proceeded against before
a court with the consent of the House of Representatives (Sejm). (۲) From the
day of announcement of the results of the elections until the day of the expiry
of his mandate, a Deputy shall not be subjected to criminal accountability
without the consent of the House of Representatives (Sejm).
(۳) Criminal proceedings instituted against a person before the day of his
election as Deputy, shall be suspended at the request of the House of
Representatives (Sejm) until the time of expiry of the mandate. In such
instance, the statute of limitation with respect to criminal proceedings shall
be extended for the equivalent time.
(۴) A Deputy may consent to be brought to criminal accountability. In such
instance, the provisions of Paragraphs (۲) and (۳) shall not apply.
(۵) A Deputy shall be neither detained nor arrested without the consent of the
House of Representatives (Sejm), except for cases in flagrante delicto and in
which his detention is necessary for securing the proper course of proceedings.
Any such detention shall be immediately communicated to the Marshal of the
House of Representatives (Sejm), who may order an immediate release of the
Deputy.
(۶) Detailed principles of and procedures for bringing Deputies to criminal
accountability shall be specified by statute.
Article ۱۰۶ []
Conditions appropriate to the effective discharrge of their duties by the
Deputies as well as for defence of their rights resulting from the exercise of
their mandate shall be specified by statute.
Article ۱۰۷ []
(۱) Deputies shall not be permitted, to the extent specified by statute, to
perform any business activity involving any benefit derived from the property
of the State Treasury or local self-government or to acquire such property.
(۲) In respect of any breach of the prohibition specified in Paragraph (۱)
above, a Deputy shall, by resolution of the House of Representatives (Sejm)
adopted on a motion of the Marshal of the House of Representatives (Sejm), be
brought to accountability before the Tribunal of State which shall adjudicate
upon forfeiture of the mandate.
Article ۱۰۸ []
The provisions of Articles ۱۰۳-۱۰۷ shall apply, as appropriate, to Senators.
[Section III] Organization and Functioning
Article ۱۰۹ []
(۱) The House of Representatives (Sejm) and the Senate shall debate in the
course of sittings.
(۲) The first sitting of the House of Representatives (Sejm) and Senate shall
be summoned by the President of the Republic to be held on a day within ۳۰ days
following the day of the elections, except for instances specified in Article
۹۸ (۳) and (۵).
Article ۱۱۰ []
(۱) The House of Representatives (Sejm) shall elect from amongst its members a
Marshal of the House of Representatives (Sejm) and Vice-Marshals.
(۲) The Marshal of the House of Representatives (Sejm) shall preside over the
debates of the House of Representatives (Sejm), safeguard the rights of the
House of Representatives (Sejm) as well as represent the House of
Representatives (Sejm) in external matters.
(۳) The House of Representatives (Sejm) shall appoint standing committees and
may also appoint special committees.
Article ۱۱۱ []
(۱) The House of Representatives (Sejm) may appoint an investigative committee
to examine a particular matter.
(۲) The procedures for work by an investigative committee shall be specified by
statute.
Article ۱۱۲ []
The internal organization and conduct of work of the House of Representatives
(Sejm) and the procedure for appointment and operation of its organs as well as
the manner of performance of obligations, both constitutional and statutory, by
State organs in relation to the House of Representatives (Sejm), shall be
specified in the rules of procedure adopted by the House of Representatives
(Sejm).
Article ۱۱۳ []
Sittings of the House of Representatives (Sejm) shall be open to the public.
The House of Representatives (Sejm) may resolve, by an absolute majority vote
taken in the presence of at least half of the statutory number of Deputies, to
hold a debate in secret.
Article ۱۱۴ []
(۱) In instances specified in the Constitution, the House of Representatives
(Sejm) and the Senate sitting in joint session, shall act as the National
Assembly, with the Marshal of the House of Representatives (Sejm) presiding or,
in his absence the Marshal of the Senate.
(۲) The National Assembly shall adopt its own rules of procedure.
Article ۱۱۵ []
(۱) The Prime Minister and other members of the Council of Ministers shall
furnish answers to interpellations and Deputies” questions within ۲۱ days.
(۲) The Prime Minister and other members of the Council of Ministers shall
furnish answers to matters raised in the course of each sitting of the House of
Representatives (Sejm).
Article ۱۱۶ []
(۱) The House of Representatives (Sejm) shall declare, in the name of the
Republic of Poland, a state of war and the conclusion of peace.
(۲) The House of Representatives (Sejm) may adopt a resolution on a state of
war only in the event of armed aggression against the territory of the Republic
of Poland or when an obligation of common defence against aggression arises by
virtue of international agreements. If the House of Representatives (Sejm)
cannot assemble for a sitting, the President of the Republic may declare a
state of war.
Article ۱۱۷ []
The principles for deployment of the Armed Forces beyond the borders of the
Republic of Poland shall be specified by a ratified international agreement or
by statute. The principles for the presence of foreign troops on the territory
of the Republic of Poland and the principles for their movement within that
territory shall be specified by ratified agreements or statutes.
Article ۱۱۸ []
(۱) The right to introduce legislation shall belong to Deputies, to the Senate,
to the President of the Republic and to the Council of Ministers.
(۲) The right to introduce legislation shall also belong to a group of at least
۱۰۰,۰۰۰ citizens havingg the right to vote in elections to the House of
Representatives (Sejm). The procedure in such matter shall be specified by
statute.
(۳) Sponsors, when introducing a bill to the House of Representatives (Sejm),
shall indicate the financial consequences of its implementation.
Article ۱۱۹ []
(۱) The House of Representatives (Sejm) shall consider bills in the course of
three readings.
(۲) The right to introduce amendments to a bill in the course of its
consideration by the House of Representatives (Sejm) shall belong to its
sponsor, Deputies and the Council of Ministers.
(۳) The Marshal of the House of Representatives (Sejm) may refuse to put to a
vote any amendment which has not previously been submitted to a committee.
(۴) The sponsor may withdraw a bill in the course of legislative proceedings in
the House of Representatives (Sejm) until the conclusion of its second reading.
Article ۱۲۰ []
The House of Representatives (Sejm) shall pass bills by a simple majority vote,
in the presence of at least half of the statutory number of Deputies, unless
the Constitution provides for another majority. The same procedure shall be
applied by the House of Representatives (Sejm) in adoption of resolutions,
unless a statute or a resolution of the House of Representatives (Sejm) provide
otherwise.
Article ۱۲۱ []
(۱) A bill passed by the House of Representatives (Sejm) shall be submitted to
the Senate by the Marshal of the House of Representatives (Sejm).
(۲) The Senate, within ۳۰ days of submission of a bill, may adopt it without
amendment, adopt amendments or resolve upon its complete rejection. If, within
۳۰ days following the submission of the bill, the Senate fails to adopt an
appropriate resolution, the bill shall be considered adopted according to the
wording submitted by the House of Representatives (Sejm).
(۳) A resolution of the Senate rejecting a bill, or an amendment proposed in
the Senate”s resolution, shall be considered accepted unless the House of
Representatives (Sejm) rejects it by an absolute majority vote in the presence
of at least half of the statutory number of Deputies.
Article ۱۲۲ []
(۱) After the completion of the procedure specified in Article ۱۲۱, the Marshal
of the House of Representatives (Sejm) shall submit an adopted bill to the
President of the Republic for signature.
(۲) The President of the Republic shall sign a bill within ۲۱ days of its
submission and shall order its promulgation in the Journal of Laws of the
Republic of Poland (Dziennik Ustaw).
(۳) The President of the Republic may, before signing a bill, refer it to the
Constitutional Tribunal for an adjudication upon its conformity to the
Constitution. The President of the Republic shall not refuse to sign a bill
which has been judged by the Constitutional Tribunal as conforming to the
Constitution.
(۴) The President of the Republic shall refuse to sign a bill which the
Constitutional Tribunal has judged not to be in conformity to the Constitution.
If, however, the non-conformity to the Constitution relates to particular
provisions of the bill, and the Tribunal has not judged that they are
inseparably connected with the whole bill, then, the President of the Republic,
after seeking the opinion of the Marshal of the House of Representatives
(Sejm), shall sign the bill with the omission of those provisions considered as
being in non-conformity to the Constitution or shall return the bill to the
House of Representatives (Sejm) for the purpose of removing the non-conformity.
(۵) If the President of the Republic has not made reference to the
Constitutional Tribunal in accordance with Paragraph (۳), he may refer the
bill, with reasons given, to the House of Representatives (Sejm) for its
reconsideration. If the said bill is repassed by the House of Representatives
(Sejm) by a three-fifths majority vote in the presence of at least half of the
statutory number of Deputies, then, the President of the Republic shall sign it
within ۷ days and shall order its promulgation in the Journal of Laws of the
Republic of Poland (Dziennik Ustaw). If the said bill has been repassed by the
House of Representatives (Sejm), the President of the Republic shall have no
right to refer it to the Constitutional Tribunal in accordance with the
procedure prescribed in Paragraph (۳).
(۶) Any such reference by the President of the Republic to the Constitutional
Tribunal for an adjudication upon the conformity of a statute to the
Constitution, or any application for reconsideration of a bill, shall suspend
the period of time allowed for its signature, specified in Paragraph (۲) above.
Article ۱۲۳ []
(۱) The Council of Ministers may classify a bill adopted by itself as urgent,
with the exception of tax bills, bills governing elections to the Presidency of
the Republic of Poland, to the House of Representatives (Sejm), to the Senate
and to organs of local self-government, bills governing the structure and
jurisdiction of public authorities, and also drafts of law codes.
(۲) The rules of procedure of the House of Representatives (Sejm) and the rules
of procedure of the Senate shall define the modifications in the legislative
procedure when a bill has been classified as urgent.
(۳) In the legislative procedure in relation to a bill classified as urgent,
the time period for its consideration by the Senate shall be ۱۴ days and the
period for its signature by the President of the Republic shall be ۷ days.
Article ۱۲۴ []
The provisions of Articles ۱۱۰, ۱۱۲, ۱۱۳, and ۱۲۰ shall apply, as appropriate,
to the Senate.
[Section IV] Referendum
Article ۱۲۵ []
(۱) A nationwide referendum may be held in respect of matters of particular
importance to the State.
(۲) The right to order a nationwide referendum shall be vested in the House of
Representatives (Sejm), to be taken by an absolute majority of votes in the
presence of at least half of the statutory number of Deputies, or in the
President of the Republic with the consent of the Senate given by an absolute
majority vote taken in the presence of at least half of the statutory number of
Senators.
(۳) A result of a nationwide referendum shall be binding, if more than half of
the number of those havingg the right to vote have participated in it.
(۴) The validity of a nationwide referendum and the referendum referred to in
Article ۲۳۵ (۶) shall be determined by the Supreme Court.
(۵) The principles of and procedures for the holding of a referendum shall be
specified by statute.
Chapter V The President of the Republic of Poland
Article ۱۲۶ []
(۱) The President of the Republic of Poland shall be the supreme representative
of the Republic of Poland and the
guarantor of the continuity of State authority.
(۲) The President of the Republic shall ensure observance of the Constitution,
safeguard the sovereignty and security of the State as well as the
inviolability and integrity of its territory.
(۳) The President shall exercise his duties within the scope of and in
accordance with the principles specified in the Constitution and statutes.
Article ۱۲۷ []
(۱) The President of the Republic shall be elected by the Nation, in universal,
equal and direct elections, conducted by secret ballot.
(۲) The President of the Republic shall be elected for a ۵-year term of office
and may be re-elected only for one more term.
(۳) Only a Polish citizen who, no later than the day of the elections, has
attained ۳۵ years of age and has a full electoral franchise in elections to the
House of Representatives (Sejm), may be elected President of the Republic. Any
such candidature shall be supported by the signatures of at least ۱۰۰,۰۰۰
citizens havingg the right to vote in elections to the House of
Representatives (Sejm).
(۴) A candidate who has received more than half of the valid votes shall be
considered elected President of the Republic. If none of the candidates has
received the required majority of votes, then a repeat ballot shall be held on
the ۱۴th day after the first vote.
(۵) The two candidates who have received the largest number of votes in the
first ballot shall participate in a repeat ballot. If one of the two such
candidates withdraws his consent to candidacy, forfeits his electoral rights or
dies, he shall be replaced in the repeat ballot by the candidate who received
the next highest consecutive number of votes in the first ballot. In such case,
the date of the repeat ballot shall be extended by a further ۱۴ days.
(۶) The candidate who receives the higher number of votes in the repeat ballot
shall be elected President of the Republic.
(۷) The principles of and procedure for nominating candidates and conducting
the elections, as well as the requirements for validity of the election of the
President of the Republic, shall be specified by statute.
Article ۱۲۸ []
(۱) The term of office of the President of the Republic shall commence on the
date of his assuming such office.
(۲) The election of the President of the Republic shall be ordered by the
Marshal of the House of Representatives (Sejm) to be held on a day no sooner
than ۱۰۰ days and no later than ۷۵ days before expiry of the term of office of
the serving President of the Republic, and in the event of the office of
President of the Republic falling vacant – no later than the ۱۴th day
thereafter, specifying the date of the election which shall be on a non-working
day and within a period of ۶۰ days of the day of ordering the election.
Article ۱۲۹ []
(۱) The Supreme Court shall adjudicate upon the validity of the election of the
President of the Republic.
(۲) A voter shall have the right to submit a complaint to the Supreme Court
concerning the validity of the election of the President of the Republic in
accordance with principles specified by statute.
(۳) In the event of the election of the President of the Republic being judged
invalid, a new election shall be held in accordance with the principles
prescribed in Article ۱۲۸ (۲) in relation to a vacancy in the office of
President of the Republic.
Article ۱۳۰ []
The President of the Republic shall assume office upon taking the following
oath in the presence of the National Assembly:
“Assuming, by the will of the Nation, the office of President of the Republic
of Poland, I do solemnly swear to be faithful to the provisions of the
Constitution; I pledge that I shall steadfastly safeguard the dignity of the
Nation, the independence and security of the State, and also that the good of
the Homeland and the prosperity of its citizens shall forever remain my supreme
obligation.”
The oath may also be taken with the additional sentence “So help me, God.”
Article ۱۳۱ []
(۱) If the President of the Republic is temporarily unable to discharrge the
duties of his office, he shall communicate this fact to the Marshal of the
House of Representatives (Sejm), who shall temporarily assume the duties of the
President of the Republic. If the President of the Republic is not in a
position to inform the Marshal of the House of Representatives (Sejm) of his
incapacity to discharrge the duties of the office, then the Constitutional
Tribunal shall, on request of the Marshal of the House of Representatives
(Sejm), determine whether or not there exists an impediment to the exercise of
the office by the President of the Republic. If the Constitutional Tribunal so
finds, it shall require the Marshal of the House of Representatives (Sejm) to
temporarily perform the duties of the President of the Republic.
(۲) The Marshal of the House of Representatives (Sejm) shall, until the time of
election of a new President of the Republic, temporarily discharrge the duties
of the President of the Republic in the following instances: ۱) the death of
the President of the Republic;
۲) the President”s resignation from office;
۳) judicial declaration of the invalidity of the election to the Presidency or
other reasons for not assuming office following the election;
۴) a declaration by the National Assembly of the President”s permanent
incapacity to exercise his duties due to the state of his health; such
declaration shall require a resolution adopted by a majority vote of at least
two-thirds of the statutory number of members of the National Assembly;
۵) dismissal of the President of the Republic from office by a judgment of the
Tribunal of State.
(۳) If the Marshal of the House of Representatives (Sejm) is unable to
discharrge the duties of the President of the Republic, such duties shall be
discharrged by the Marshal of the Senate.
(۴) A person discharrging the duties of the President of the Republic shall
not shorten the term of office of the House of Representatives (Sejm).
Article ۱۳۲ []
The President of the Republic shall hold no other offices nor discharrge any
public functions, with the exception of those connected with the duties of his
office.
Article ۱۳۳ []
(۱) The President of the Republic, as representative of the State in foreign
affairs, shall: ۱) ratify and renounce international agreements, and shall
notify the House of Representatives (Sejm) and the Senate thereof; ۲) appoint
and recall the plenipotentiary representatives of the Republic of Poland to
other states and to international organizations;
۳) receive the Letters of Credence and recall of diplomatic representatives of
other states and international organizations
accredited to him.
(۲) The President of the Republic, before ratifying an international agreement
may refer it to the Constitutional Tribunal with a request to adjudicate upon
its conformity to the Constitution.
(۳) The President of the Republic shall cooperate with the Prime Minister and
the appropriate minister in respect of foreign policy.
Article ۱۳۴ []
(۱) The President of the Republic shall be the Supreme Commander of the Armed
Forces of the Republic of Poland.
(۲) The President of the Republic, in times of peace, shall exercise command
over the Armed Forces through the Minister of National Defence.
(۳) The President of the Republic shall appoint, for a specified period of
time, the Chief of the General Staff and commanders of branches of the Armed
Forces. The duration of their term of office, the procedure for and terms of
their dismissal before the end thereof, shall be specified by statute.
(۴) The President of the Republic, for a period of war, shall appoint the
Commander-in-Chief of the Armed Forces on request of the Prime Minister. He may
dismiss the Commander-in-Chief of the Armed Forces in accordance with the same
procedure. The authority of the Commander-in-Chief of the Armed Forces, as well
as the principle of his subordination to the constitutional organs of the
Republic of Poland, shall be specified by statute.
(۵) The President of the Republic, on request of the Minister of National
Defence, shall confer military ranks as specified by statute.
(۶) The authority of the President of the Republic, regarding his supreme
command of the Armed Forces, shall be specified in detail by statute.
Article ۱۳۵ []
The advisory organ to the President of the Republic regarding internal and
external security of the State shall be the National Security Council.
Article ۱۳۶ []
In the event of a direct external threat to the State, the President of the
Republic shall, on request of the Prime Minister, order a general or partial
mobilization and deployment of the Armed Forces in defence of the Republic of
Poland.
Article ۱۳۷ []
The President of the Republic shall grant Polish citizenship and shall give
consent for renunciation of Polish citizenship.
Article ۱۳۸ []
The President of the Republic shall confer orders and decorations.
Article ۱۳۹ []
The President of the Republic shall have the power of pardon. The power of
pardon may not be extended to individuals convicted by the Tribunal of State.
Article ۱۴۰ []
The President of the Republic may deliver a Message to the House of
Representatives (Sejm), to the Senate or to the National Assembly. Such Message
shall not be a subject of debate.
Article ۱۴۱ []
(۱) The President of the Republic may, regarding particular matters, convene
the Cabinet Council. The Cabinet Council shall be composed of the Council of
Ministers whose debates shall be presided over by the President of the
Republic.
(۲) The Cabinet Council shall not possess the competence of the Council of
Ministers.
Article ۱۴۲ []
(۱) The President of the Republic shall issue regulations and execcutive
orders in accordance with the principles specified in Articles ۹۲ and ۹۳.
(۲) The President of the Republic shall issue decisions within the scope of
discharrge of his other authorities.
Article ۱۴۳ []
The Presidential Chancellory shall be the organ of assistance to the President
of the Republic. The President of the Republic shall establish the statute of
the Presidential Chancellory and shall appoint and dismiss its Chief.
Article ۱۴۴ []
(۱) The President of the Republic, exercising his constitutional and statutory
authority, shall issue Official Acts.
(۲) Official Acts of the President shall require, for their validity, the
signature of the Prime Minister who, by such signature, accepts responsibility
therefor to the House of Representatives (Sejm).
(۳) The provisions of (۲) above shall not relate to: ۱) proclaiming elections
to the House of Representatives (Sejm) and to the Senate; ۲) summoning the
first sitting of a newly elected House of Representatives (Sejm) and Senate;
۳) shortening of the term of office of the House of Representatives (Sejm) in
the instances specified in the Constitution; ۴) introducing legislation;
۵) proclaiming the holding of a nationwide referendum;
۶) signing or refusing to sign a bill; ۷) ordering the promulgation of a
statute or an international agreement in the Journal of Laws of the Republic of
Poland (Dziennik Ustaw); ۸) delivering a Message to the House of
Representatives (Sejm), to the Senate or to the National Assembly; ۹) making
a referral to the Constitutional Tribunal;
۱۰) requesting to the Supreme Chamber of Control to carry out an audit;
۱۱) nominating and appointing the Prime Minister;
۱۲) accepting resignation of the Council of Ministers and obliging it to
temporarily continue with its duties; ۱۳) applying to the House of
Representatives (Sejm) to bring a member of the Council of Ministers to
responsibility before the Tribunal of State; ۱۴) dismissing a minister in
whom the House of Representatives (Sejm) has passed a vote of no confidence;
۱۵) convening the Cabinet Council;
۱۶) conferring orders and decorations;
۱۷) appointing judges;
۱۸) exercising the power of pardon;
۱۹) granting Polish citizenship and giving consent for renunciation of Polish
citizenship;
۲۰) appointing the First President of the Supreme Court;
۲۱) appointing the President and Vice-President of the Constitutional Tribunal;
۲۲) appointing the President of the Chief Administrative Court;
۲۳) appointing the presidents of the Supreme Court and vice-presidents of the
Chief Administrative Court; ۲۴) requesting the House of Representatives
(Sejm) to appoint the President of the National Bank of Poland; ۲۵)
appointing the members of the Council for Monetary Policy;
۲۶) appointing and dismissing members of the National Security Council;
۲۷) appointing members of the National Council of Radio Broadcasting and
Television;
۲۸) establishing the statute of the Presidential Chancellery and appointing or
dismissing the Chief of the Presidential Chancellery. ۲۹) issuing orders in
accordance with the principles specified in Article ۹۳; ۳۰) resigning from
the office of President of the Republic.
Article ۱۴۵ []
(۱) The President of the Republic may be held accountable before the Tribunal
of State for an infringement of the Constitution or statute, or for commission
of an offence.
(۲) Bringing an indictment against the President of the Republic shall be done
by 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 ۱۴۰ members of the Assembly.
(۳) On the day on which an indictment, to be heard before the Tribunal of
State, is brought against the President of the Republic, he shall be suspended
from discharrging all functions of his office. The provisions of Article ۱۳۱
shall apply as appropriate.
Chapter VI The Council of Ministers and Government Administration
Article ۱۴۶ []
(۱) The Council of Ministers shall conduct the internal affairs and foreign
policy of the Republic of Poland.
(۲) The Council of Ministers shall conduct the affairs of State not reserved to
other State organs or local self-government.
(۳) The Council of Ministers shall manage the government administration.
(۴) To the extent and in accordance with the principles specified by the
Constitution and statutes, the Council of Ministers, in particular, shall:
۱) ensure the implementation of statutes;
۲) issue regulations;
۳) coordinate and supervise the work of organs of State administration;
۴) protect the interests of the State Treasury;
۵) adopt a draft State Budget;
۶) supervise the implementation of the State Budget and pass a resolution on
the closing of the State”s accounts and report on the implementation of the
Budget;
۷) ensure the internal security of the State and public order;
۸) ensure the external security of the State;
۹) exercise general control in the field of relations with other States and
international organizations;
۱۰) conclude international agreements requiring ratification as well as accept
and renounce other international agreements;
۱۱) exercise general control in the field of national defence and annually
specify the number of citizens who are required to perform active military
service;
۱۲) determine the organization and the manner of its own work.
Article ۱۴۷ []
(۱) The Council of Ministers shall be composed of the President of the Council
of Ministers (Prime Minister) and ministers.
(۲) Vice-presidents of the Council of Ministers (Deputy Prime
Ministers) may be also be appointed within the Council of Ministers.
(۳) The Prime Minister and Deputy Prime Ministers may also discharrge the
functions of a minister.
(۴) The presidents of committees specified in statutes may also be appointed to
membership in the Council of Ministers.
Article ۱۴۸ []
(۱) The Prime Minister shall:
۱) represent the Council of Ministers;
۲) manage the work of the Council of Ministers;
۳) issue regulations;
۴) ensure the implementation of the policies adopted by the Council of
Ministers and specify the manner of their implementation;
۵) coordinate and control the work of members of the Council of Ministers;
۶) exercise, within the limits and by the means specified in the Constitution
and statute, supervision of local self-government.
۷) be the official superior of employees of the government administration.
Article ۱۴۹ []
(۱) Ministers shall direct a particular branch of government administration or
perform tasks allocated to them by the Prime Minister. The scope of activity of
a minister directing a branch of government administration shall be specified
by statute.
(۲) A minister directing a branch of government administration shall issue
regulations. The Council of Ministers, on the request of the Prime Minister,
may repeal a regulation or order of a minister.
(۳) The provisions applicable to a minister directing a branch of government
administration shall apply, as appropriate, to presidents of the committees
referred to in Article ۱۴۷ (۴).
Article ۱۵۰ []
A member of the Council of Ministers shall not perform any activity
inconsistent with his public duties.
Article ۱۵۱ []
The Prime Minister, Deputy Prime Ministers and ministers shall take the
following oath in the presence of the President of the Republic:
“Assuming this office of Prime Minister (Deputy Prime Minister, minister) I do
solemnly swear to be faithful to the provisions of the Constitution and other
laws of the Republic of Poland, and that the good of the Homeland and the
prosperity of its citizens shall forever remain my supreme obligation.”
The oath may also be taken with the additional sentence “So help me, God.”
Article ۱۵۲ []
(۱) The voivode shall be the representative of the Council of Ministers in a
voivodeship.
(۲) The procedure for appointment and dismissal, as well as the scope of
activity, of a voivode shall be specified by statute.
Article ۱۵۳ []
(۱) A corps of civil servants shall operate in the organs of government
administration in order to ensure a professional, diligent, impartial and
politically neutral discharrge of the State”s obligations.
(۲) The Prime Minister shall be the superior of such corps of civil servants.
Article ۱۵۴ []
(۱) The President of the Republic shall nominate a Prime Minister who shall
propose the composition of a Council of Ministers. The President of the
Republic shall, within ۱۴ days of the first sitting of the House of
Representatives (Sejm) or acceptance of the resignation of the previous Council
of Ministers, appoint a Prime Minister together with other members of a Council
of Ministers and accept the oaths of office of members of such newly appointed
Council of Ministers.
(۲) The Prime Minister shall, within ۱۴ days following the day of his
appointment by the President of the Republic, submit a programme of activity of
the Council of Ministers to the House of Representatives (Sejm), together with
a motion requiring a vote of confidence. The House of Representatives (Sejm)
shall pass such vote of confidence by an absolute majority of votes in the
presence of at least half of the statutory number of Deputies.
(۳) In the event that a Council of Ministers has not been appointed pursuant to
Paragraph (۱) above or has failed to obtain a vote of confidence in accordance
with Paragraph (۲) above, the House of Representatives (Sejm), within ۱۴ days
of the end of the time periods specified in Paragraphs (۱) and (۲), shall
choose a Prime Minister as well as members of the Council of Ministers as
proposed by him, by an absolute majority of votes in the presence of at least
half of the statutory number of Deputies. The President of the Republic shall
appoint the Council of Ministers so chosen and accept the oaths of office of
its members.
Article ۱۵۵ []
(۱) In the event that a Council of Ministers has not been appointed pursuant to
the provisions of Article ۱۵۴ (۳), the President of the Republic shall, within
a period of ۱۴ days, appoint a Prime Minister and, on his application, other
members of the Council of Ministers. The House of Representatives (Sejm),
within ۱۴ days following the appointment of the Council of Ministers by the
President of the Republic, shall hold, in the presence of at least half of the
statutory number of Deputies, a vote of confidence thereto.
(۲) In the event that a vote of confidence has not been granted to the Council
of Ministers pursuant to Paragraph (۱), the President of the Republic shall
shorten the term of office of the House of Representatives (Sejm) and order
elections to be held.
Article ۱۵۶ []
(۱) The members of the Council of Ministers shall be accountable to the
Tribunal of State for an infringement of the Constitution or statutes, as well
as for the commission of an offence connected with the duties of his office.
(۲) On the motion of the President of the Republic or at least ۱۱۵ Deputies,
resolution to bring a member of the Council of Ministers to account before the
Tribunal of State shall be passed by the House of Representatives (Sejm) by a
majority of three-fifths of the statutory number of Deputies.
Article ۱۵۷ []
(۱) The members of the Council of Ministers shall be collectively responsible
to the House of Representatives (Sejm) for the activities of the Council of
Ministers.
(۲) The members of the Council of Ministers shall be individually responsible
to the House of Representatives (Sejm) for those matters falling within their
competence or assigned to them by the Prime Minister.
Article ۱۵۸ []
(۱) The House of Representatives (Sejm) shall pass a vote of no confidence by a
majority of votes of the statutory number of Deputies, on a motion moved by at
least ۴۶ Deputies and which shall specify the name of a candidate for Prime
Minister. If such a resolution has been passed by the House of Representatives
(Sejm), the President of the Republic shall accept the resignation of the
Council of Ministers and appoint a new Prime Minister as chosen by the House of
Representatives (Sejm), and, on his application, the other members of the
Council of Ministers and accept their oath of office.
(۲) A motion to pass a resolution referred to in Paragraph (۱) above, may be
put to a vote no sooner than ۷ days after it has been submitted. A subsequent
motion of a like kind may be submitted no sooner than after the end of ۳ months
from the day the previous motion was submitted. A subsequent motion may be
submitted before the end of ۳ months if such motion is submitted by at least
۱۱۵ Deputies.
Article ۱۵۹ []
(۱) The House of Representatives (Sejm) may pass a vote of no confidence in an
individual minister. A motion to pass such a vote of no confidence may be
submitted by at least ۶۹ Deputies. The provisions of Article ۱۵۸ (۲) shall
apply as appropriate.
(۲) The President of the Republic shall recall a minister in whom a vote of no
confidence has been passed by the House of Representatives (Sejm) by a majority
of votes of the statutory number of Deputies.
Article ۱۶۰ []
The Prime Minister may submit to the House of Representatives (Sejm) a motion
requiring a vote of confidence in the Council of Ministers. A vote of
confidence in the Council of Ministers shall be granted by a majority of votes
in the presence of at least half of the statutory number of Deputies.
Article ۱۶۱ []
The President of the Republic, on request of the Prime Minister, shall effect
changes in the composition of the Council of Ministers.
Article ۱۶۲ []
(۱) The Prime Minister shall submit the resignation of the Council of Ministers
at the first sitting of a newly elected House of Representatives (Sejm).
(۲) The Prime Minister shall also submit the resignation of the Council of
Ministers in the following instances: ۱) when a vote of confidence in the
Council of Ministers has not been passed by the House of Representatives
(Sejm); ۲) when a vote of no confidence has been passed against the Council
of Ministers;
۳) when the Prime Minister himself has resigned from office.
(۳) The President of the Republic, when accepting the resignation of the
Council of Ministers, shall oblige it to continue with its duties until a new
Council of Ministers is appointed.
(۴) The President of the Republic may, in the case referred to in Paragraph
(۲.۳) above, refuse to accept the resignation of the Council of Ministers.
Chapter VII Local Self-Government
Article ۱۶۳ []
Local self-government shall perform public tasks not reserved by the
Constitution or statutes to the organs of other public authorities.
Article ۱۶۴ []
(۱) The commune (gmina) shall be the basic unit of local self-government.
(۲) Other units of regional and/or local self-government shall be specified by
statute.
(۳) The commune shall perform all tasks of local self-government not reserved
to other units of local self-government.
Article ۱۶۵ []
(۱) Units of local self-government shall possess legal personality. They shall
have rights of ownership and other property rights.
(۲) The self-governing nature of units of local self-government shall be
protected by the courts.
Article ۱۶۶ []
(۱) Public duties aimed at satisfying the needs of a self-governing community
shall be performed by units of local self-government as their direct
responsibility.
(۲) If the fundamental needs of the State shall so require, a statute may
instruct units of local self-government to perform other public duties. The
mode of transfer and manner of performance of the duties so allocated shall be
specified by statute.
(۳) The administrative courts shall settle jurisdictional disputes between
units of local self-government and units of government administration.
Article ۱۶۷ []
(۱) Units of local self-government shall be assured public funds adequate for
the performance of the duties assigned to them.
(۲) The revenues of units of local self-government shall consist of their own
revenues as well as general subsidies and specific grants from the State
Budget.
(۳) The sources of revenues for units of local self-government shall be
specified by statute.
(۴) Alterations to the scope of duties and authorities of units of local
self-government shall be made in conjunction with appropriate alterations to
their share of public revenues.
Article ۱۶۸ []
To the extent established by statute, units of local self-government shall have
the right to set the level of local taxes and charrges.
Article ۱۶۹ []
(۱) Units of local self-government shall perform their duties through
constitutive and execcutive organs.
(۲) Elections to constitutive organs shall be universal, direct, equal and
shall be conducted by secret ballot. The principles and procedures for
submitting candidates and for the conduct of elections, as well as the
requirements for the validity of elections, shall be specified by statute.
(۳) The principles and procedures for the election and dismissal of execcutive
organs of units of local self-government shall be specified by statute.
(۴) The internal organizational structure of units of local self-government
shall be specified, within statutory limits, by their constitutive organs.
Article ۱۷۰ []
Members of a self-governing community may decide, by means of a referendum,
matters concerning their community, including the dismissal of an organ of
local self-government established by direct election. The principles of and
procedures for
conducting a local referendum shall be specified by statute.
Article ۱۷۱ []
(۱) The legality of actions by a local self-government shall be subject to
review.
(۲) The organs exercising review over the activity of units of local
self-government shall be: the Prime Minister and voivodes and regarding
financial matters – regional audit chambers.
(۳) On a motion of the Prime Minister, the House of Representatives (Sejm) may
dissolve a constitutive organ of local self-government if it has flagrantly
violated the Constitution or a statute.
Article ۱۷۲ []
(۱) Units of local self-government shall have the right to associate.
(۲) A unit of local self-government shall have the right to join international
associations of local and regional communities as well as cooperate with local
and regional communities of other states.
(۳) The principles governing the exercise of the rights referred to in
Paragraphs (۱) and (۲) above by units of local self-government shall be
specified by statute.
Chapter VIII Courts and Tribunals
[Section ۰ General Provisions]
Article ۱۷۳ []
The courts and tribunals shall constitute a separate power and shall be
independent of other branches of power.
Article ۱۷۴ []
The courts and tribunals shall pronounce judgments in the name of the Republic
of Poland.
Article ۱۷۵ []
(۱) The administration of justice in the Republic of Poland shall be
implemented by the Supreme Court, the common courts, administrative courts and
military courts.
(۲) Extraordinary courts or summary procedures may be established only during a
time of war.
Article ۱۷۶ []
(۱) Court proceedings shall have at least two stages.
(۲) The organizational structure and jurisdiction as well as procedure of the
courts shall be specified by statute.
Article ۱۷۷ []
The common courts shall implement the administration of justice concerning all
matters save for those statutorily reserved to other courts.
Article ۱۷۸ []
(۱) Judges, within the exercise of their office, shall be independent and
subject only to the Constitution and statutes.
(۲) Judges shall be provided with appropriate conditions for work and granted
remuneration consistent with the dignity of their office and the scope of their
duties.
(۳) A judge shall not belong to a political party, a trade unionn or perform
public activities incompatible with the principles of independence of the
courts and judges.
Article ۱۷۹ []
Judges shall be appointed for an indefinite period by the President of the
Republic on the motion of the National Council
of the Judiciary.
Article ۱۸۰ []
(۱) Judges shall not be removable.
(۲) Recall of a judge from office, suspension from office, removal to another
bench or position against his will, may only occur by virtue of a court
judgment and only in those instances prescribed in statute.
(۳) A judge may be retired as a result of illness or infirmity which prevents
him discharrging the duties of his office. The procedure for doing so, as well
as for appealing against such decision, shall be specified by statute.
(۴) A statute shall establish an age limit beyond which a judge shall proceed
to retirement.
(۵) Where there has been a reorganization of the court system or changes to the
boundaries of court districts, a judge may be allocated to another court or
retired with maintenance of his full remuneration.
Article ۱۸۱ []
A judge shall not, without prior consent granted by a court specified by
statute, be held criminally responsible nor deprived of liberty. A judge shall
be neither detained nor arrested, except for cases when he has been apprehended
in the commission of an offence and in which his detention is necessary for
securing the proper course of proceedings. The president of the competent local
court shall be forthwith notified of any such detention and may order an
immediate release of the person detained.
Article ۱۸۲ []
A statute shall specify the scope of participation by the citizenry in the
administration of justice.
Article ۱۸۳ []
(۱) The Supreme Court shall exercise supervision over common and military
courts regarding judgments.
(۲) The Supreme Court shall also perform other activities specified in the
Constitution and statutes.
(۳) The First President of the Supreme Court shall be appointed by the
President of the Republic for a ۶-year term of office from amongst candidates
proposed by the General Assembly of the Judges of the Supreme Court.
Article ۱۸۴ []
The Chief Administrative Court and other administrative courts shall exercise,
to the extent specified by statute, control over the performance of public
administration. Such control shall also extend to judgments on the conformity
to statute of resolutions of organs of local self-government and normative acts
of territorial organs of government administration.
Article ۱۸۵ []
The President of the Chief Administrative Court shall be appointed by the
President of the Republic for a ۶-year term of office from amongst candidates
proposed by the General Assembly of the Judges of the Chief Administrative
Court.
Article ۱۸۶ []
(۱) The National Council of the Judiciary shall safeguard the independence of
courts and judges.
(۲) The National Council of the Judiciary may make application to the
Constitutional Tribunal regarding the conformity to the Constitution of
normative acts to the extent to which they relate to the independence of courts
and judges.
Article ۱۸۷ []
(۱) The National Council of the Judiciary shall be composed as follows:
۱) the First President of the Supreme Court, the Minister of Justice, the
President of the Chief Administrative Court and an individual appointed by the
President of the Republic;
۲) ۱۵ judges chosen from amongst the judges of the Supreme Court, common
courts, administrative courts and military courts; ۳) ۴ members chosen by the
House of Representatives (Sejm) from amongst its Deputies and ۲ members chosen
by the Senate from amongst its Senators.
(۲) The National Council of the Judiciary shall choose, from amongst its
members, a chairperson and two deputy chairpersons.
(۳) The term of office of those chosen as members of the National Council of
the Judiciary shall be ۴ years.
(۴) The organizational structure, the scope of activity and procedures for work
of the National Council of the Judiciary, as well as the manner of choosing its
members, shall be specified by statute.
[Section I] The Constitutional Tribunal
Article ۱۸۸ []
The Constitutional Tribunal shall adjudicate regarding the following matters:
۱) the conformity of statutes and international agreements to the Constitution;
۲) the conformity of a statute to ratified international agreements whose
ratification required prior consent granted by statute;
۳) the conformity of legal provisions issued by central State organs to the
Constitution, ratified international agreements and statutes;
۴) the conformity to the Constitution of the purposes or activities of
political parties; ۵) complaints concerning constitutional infringements, as
specified in Article ۷۹ (۱).
Article ۱۸۹ []
The Constitutional Tribunal shall settle disputes over authority between
central constitutional organs of the State.
Article ۱۹۰ []
(۱) Judgments of the Constitutional Tribunal shall be of universally binding
application and shall be final.
(۲) Judgments of the Constitutional Tribunal regarding matters specified in
Article ۱۸۸, shall be required to be immediately published in the official
publication in which the original normative act was promulgated. If a normative
act has not been promulgated, then the judgment shall be published in the
Official Gazette of the Republic of Poland, Monitor Polski.
(۳) A judgment of the Constitutional Tribunal shall take effect from the day of
its publication, however, the Constitutional Tribunal may specify another date
for the end of the binding force of a normative act. Such time period may not
exceed ۱۸ months in relation to a statute or ۱۲ months in relation to any other
normative act. Where a judgment has financial consequences not provided for in
the Budget, the Constitutional Tribunal shall specify date for the end of the
binding force of the normative act concerned, after seeking the opinion of the
Council of Ministers.
(۴) A judgment of the Constitutional Tribunal on the non-conformity to the
Constitution, an international agreement or statute, of a normative act on the
basis of which a legally
effective judgment of a court, a final administrative decision or settlement of
other matters was issued, shall be a basis for re-opening proceedings, or for
quashing the decision or other settlement in a manner and on principles
specified in provisions applicable to the given proceedings.
(۵) Judgments of the Constitutional Tribunal shall be made by a majority of
votes.
Article ۱۹۱ []
(۱) The following may make application to the Constitutional Tribunal regarding
matters specified in Article ۱۸۸: ۱) the President of the Republic, the Marshal
of the House of Representatives (Sejm), the Marshal of the Senate, the Prime
Minister, ۵۰ Deputies, ۳۰ Senators, the First President of the Supreme Court,
the President of the Chief Administrative Court, the Public Prosecutor-General,
the President of the Supreme Chamber of Control and the Commissioner for
Citizens” Rights, ۲) the National Council of the Judiciary, to the extent
specified in Article ۱۸۶ (۲); ۳) the constitutive organs of units of local
self-government;
۴) the national organs of trade unionns as well as the national authorities of
employers” organizations and occupational organizations;
۵) churches and religious organizations; ۶) the subjects referred to in
Article ۷۹ to the extent specified therein.
(۲) The subjects referred to in Paragraphs (۱.۳)-(۱.۵) above, may make such
application if the normative act relates to matters relevant to the scope of
their activity.
Article ۱۹۲ []
The following persons may make application to the Constitutional Tribunal in
respect of matters specified in Article ۱۸۹: the President of the Republic, the
Marshal of the House of Representatives (Sejm), the Marshal of the Senate, the
Prime Minister, the First President of the Supreme Court, the President of the
Chief Administrative Court and the President of the Supreme Chamber of Control.
Article ۱۹۳ []
Any court may refer a question of law to the Constitutional Tribunal as to the
conformity of a normative act to the Constitution, ratified international
agreements or statute, if the answer to such question of law will determine an
issue currently before such court.
Article ۱۹۴ []
(۱) The Constitutional Tribunal shall be composed of ۱۵ judges chosen
individually by the House of Representatives (Sejm) for a term of office of ۹
years from amongst persons distinguished by their knowledge of the law. No
person may be chosen for more than one term of office.
(۲) The President and Vice-President of the Constitutional Tribunal shall be
appointed by the President of the Republic from amongst candidates proposed by
the General Assembly of the Judges of the Constitutional Tribunal.
Article ۱۹۵ []
(۱) Judges of the Constitutional Tribunal, in the exercise of their office,
shall be independent and subject only to the Constitution.
(۲) Judges of the Constitutional Tribunal shall be provided with appropriate
conditions for work and granted remuneration consistent with the dignity of the
office and the scope of their duties.
(۳) Judges of the Constitutional Tribunal, during their term of office, shall
not belong to a political party, a trade unionn or perform public activities
incompatible with the principles of the independence of the courts and judges.
Article ۱۹۶ []
A judge of the Constitutional Tribunal shall not be held criminally responsible
or deprived of liberty without prior consent granted by the Constitutional
Tribunal. A judge shall be neither detained nor arrested, except for cases when
he has been apprehended in the commission of an offence and in which his
detention is necessary for securing the proper course of proceedings. The
President of the Constitutional Tribunal shall be notified forthwith of any
such detention and may order an immediate release of the person detained.
Article ۱۹۷ []
The organization of the Constitutional Tribunal, as well as the mode of
proceedings before it, shall be specified by statute.
[Section II] The Tribunal of State
Article ۱۹۸ []
(۱) For violations of the Constitution or of a statute committed by them within
their office or within its scope, the following persons shall be
constitutionally accountable to the Tribunal of State: the President of the
Republic, the Prime Minister and members of the Council of Ministers, the
President of the National Bank of Poland, the President of the Supreme Chamber
of Control, members of the National Council of Radio Broadcasting and
Television, persons to whom the Prime Minister has granted powers of management
over a ministry, and the Commander-in -Chief of the Armed Forces.
(۲) Deputies and Senators shall also be constitutionally accountable to the
Tribunal of State to extent specified in Article ۱۰۷.
(۳) The types of punishment which the Tribunal of State may impose shall be
specified by statute.
Article ۱۹۹ []
(۱) The Tribunal of State shall be composed of a chairperson, two deputy
chairpersons and ۱۶ members chosen by the House of Representatives (Sejm) for
the current term of office of the House of Representatives (Sejm) from amongst
those who are not Deputies or Senators. The deputy chairpersons of the Tribunal
and at least one half of the members of the Tribunal shall possess the
qualifications required to hold the office of judge.
(۲) The First President of the Supreme Court shall be chairperson of the
Tribunal of State.
(۳) The members of the Tribunal of State, within the exercise of their office
as judges of the Tribunal, shall be independent and subject only to the
Constitution and statutes.
Article ۲۰۰ []
A member of the Tribunal of State shall not be held criminally responsible nor
deprived of liberty without prior consent granted by the Tribunal of State. A
member of the Tribunal of State shall be neither detained nor arrested, except
for cases when he has been apprehended in the commission of an offence and in
which his detention is necessary for securing the proper course of proceedings.
The chairperson of the Tribunal of State shall be notified forthwith of any
such detention and may order an immediate release of the person detained.
Article ۲۰۱ []
The organization of the Tribunal of State, as well as the mode of proceedings
before it, shall be specified by statute.
Chapter IX Organs of State Control and for Defence of Rights
[Section I] The Supreme Chamber of Control
Article ۲۰۲ []
(۱) The Supreme Chamber of Control shall be the chief organ of state audit.
(۲) The Supreme Chamber of Control shall be subordinate to the House of
Representatives (Sejm).
(۳) The Supreme Chamber of Control shall act in accordance with the principles
of collegiality.
Article ۲۰۳ []
(۱) The Supreme Chamber of Control shall audit the activity of the organs of
government administration, the National Bank of Poland, state legal persons and
other State organizational units regarding the legality, economic prudence,
efficacy and diligence.
(۲) The Supreme Chamber of Control may audit the activity of the organs of
local self-government, communal legal persons and other communal organizational
units regarding the legality, economic prudence and diligence.
(۳) The Supreme Chamber of Control may also audit, regarding the legality and
economic prudence, the activity of other organizational units and economic
subjects, to the extent to which they utilize State or communal property or
resources or satisfy financial obligations to the State.
Article ۲۰۴ []
(۱) The Supreme Chamber of Control shall present to the House of
Representatives (Sejm): ۱) an analysis of the implementation of the State
Budget and the purposes of monetary policy;
۲) an opinion concerning the vote to accept the accounts for the preceding year
budget presented by the Council of Ministers;
۳) information on the results of audits, conclusions and submissions specified
by statute.
(۲) The Supreme Chamber of Control shall present an annual report on its
activities to the House of Representatives (Sejm).
Article ۲۰۵ []
(۱) The President of the Supreme Chamber of Control shall be appointed by the
House of Representatives (Sejm), with the consent of the Senate, for a period
of ۶ years, which may be extended for one more period only.
(۲) The President of the Supreme Chamber of Control shall not hold any other
post, except for a professorship in an institute of higher education, nor
perform any other professional activities.
(۳) The President of the Supreme Chamber of Control shall not belong to a
political party, a trade unionn or perform public activities incompatible with
the dignity of his office.
Article ۲۰۶ []
The President of the Supreme Chamber of Control shall not be held criminally
responsible nor deprived of liberty without prior consent granted by the House
of Representatives (Sejm). The President of the Supreme Chamber of Control
shall be neither detained nor arrested, except for cases when he has been
apprehended in the commission of an offence and in which his detention is
necessary for securing the proper course of proceedings. The Marshal of the
House of Representatives (Sejm) shall be notified forthwith of such detention
and may order an immediate release of the person detained.
Article ۲۰۷ []
The organization and mode of work of the Supreme Chamber of Control shall be
specified by statute.
[Section II] The Commissioner for Citizens” Rights
Article ۲۰۸ []
(۱) The Commissioner for Citizens” Rights shall safeguard the freedoms and
rights of persons and citizens specified in the Constitution and other
normative acts.
(۲) The scope and mode of work of the Commissioner for Citizens” Rights
shall be specified by statute.
Article ۲۰۹ []
(۱) The Commissioner for Citizens” Rights shall be appointed by the House of
Representatives (Sejm), with the consent of the Senate, for a period of ۵
years.
(۲) The Commissioner for Citizens” Rights shall not hold any other post,
except for a professorship in an institute of higher education, nor perform any
other professional activities.
(۳) The Commissioner for Citizens” Rights shall not belong to a political
party, a trade unionn or perform other public activities incompatible with the
dignity of his office.
Article ۲۱۰ []
The Commissioner for Citizens” Rights shall be independent in his
activities, independent of other State organs and shall be accountable only to
the House of Representatives (Sejm) in accordance with principles specified by
statute.
Article ۲۱۱ []
The Commissioner for Citizens” Rights shall not be held criminally
responsible nor deprived of liberty without prior consent granted by the House
of Representatives (Sejm). The Commissioner for Citizens” Rights shall be
neither detained nor arrested, except for cases when he has been apprehended in
the commission of an offence and in which his detention is necessary for
securing the proper course of proceedings. The Marshal of the House of
Representatives (Sejm) shall be notified forthwith of any such detention and
may order an immediate release of the person detained.
Article ۲۱۲ []
The Commissioner for Citizens” Rights shall annually inform the House of
Representatives (Sejm) and the Senate about his activities and report on the
degree of respect accorded to the freedoms and rights of persons and citizens.
[Section III] The National Council of Radio Broadcasting and Television
Article ۲۱۳ []
(۱) The National Council of Radio Broadcasting and Television shall safeguard
the freedom of speech, the right to information as well as safeguard the public
interest regarding radio broadcasting and television.
(۲) The National Council of Radio Broadcasting and Television shall issue
regulations and, in individual cases, adopt resolutions.
Article ۲۱۴ []
(۱) The members of the National Council of Radio Broadcasting and Television
shall be appointed by the House of Representatives (Sejm), the Senate and the
President of the Republic.
(۲) A member of the National Council of Radio Broadcasting and Television shall
not belong to a political party, a trade
unionn or perform public activities incompatible with the dignity of his
function.
Article ۲۱۵ []
The principles for and mode of work of the National Council of Radio
Broadcasting and Television, its organization and detailed principles for
appointing its members, shall be specified by statute.
Chapter X Public Finances
Article ۲۱۶ []
(۱) Financial resources devoted to public purposes shall be collected and
disposed of in the manner specified by statute.
(۲) The acquisition, disposal and encumbrance of property, stocks or shares,
issue of securities by the State Treasury, the National Bank of Poland or other
State legal persons shall be done in accordance with principles and by
procedures specified by statute.
(۳) Any monopoly shall be established by means of statute.
(۴) The contracting of loans as well as granting guarantees and financial
sureties by the State shall be done in accordance with principles and by
procedures specified by statute.
(۵) It shall be neither permissible to contract loans nor provide guarantees
and financial sureties which would engender a national public debt exceeding
three-fifths of the value of the annual gross domestic product. The method for
calculating the value of the annual gross domestic product and national public
debt shall be specified by statute.
Article ۲۱۷ []
The imposition of taxes, as well as other public imposts, the specification of
those subject to the tax and the rates of taxation, as well as the principles
for granting tax reliefs and remissions, along with categories of taxpayers
exempt from taxation, shall be by means of statute.
Article ۲۱۸ []
The organization of the State Treasury and the manner of management of the
assets of the State Treasury shall be specified by statute.
Article ۲۱۹ []
(۱) The House of Representatives (Sejm) shall adopt the State budget for a
fiscal year by means of a Budget [ustawa budgetowa-budgetary statute].
(۲) The principles of and procedure for preparation of a draft State Budget,
the level of its detail and the requirements for a draft State Budget, as well
as the principles of and procedure for implementation of the Budget, shall be
specified by statute.
(۳) In exceptional cases, the revenues and expenditures of the State for a
period shorter than one year may be specified in an interim budget. The
provisions relating to a draft State Budget shall apply, as appropriate, to a
draft interim budget.
(۴) If a State Budget or an interim budget have not come into force on the day
of commencement of a fiscal year, the Council of Ministers shall manage State
finances pursuant to the draft Budget.
Article ۲۲۰ []
(۱) The increase in spending or the reduction in revenues from those planned by
the Council of Ministers may not lead to the adoption by the House of
Representatives (Sejm) of a budget deficit exceeding the level provided in the
draft Budget.
(۲) The Budget shall not provide for covering a budget deficit by way of
contracting credit obligations to the State”s central
bank.
Article ۲۲۱ []
The right to introduce legislation concerning a Budget, an interim budget,
amendments to the Budget, a statute on the contracting of public debt, as well
as a statute granting financial guarantees by the State, shall belong
exclusively to the Council of Ministers.
Article ۲۲۲ []
The Council of Ministers shall submit to the House of Representatives (Sejm) a
draft Budget for the next year no later than ۳ months before the commencement
of the fiscal year. In exceptional instances, the draft may be submitted later.
Article ۲۲۳ []
The Senate may, within the ۲۰ days following receipt of the Budget, adopt
amendments thereto.
Article ۲۲۴ []
(۱) The President of the Republic shall sign the Budget or interim Budget
submitted to him by the Marshal of the House of Representatives (Sejm) within ۷
days of receipt thereof, and order its promulgation in the Journal of Laws of
the Republic of Poland (Dziennik Ustaw). The provisions of Article ۱۲۲ (۵)
shall not apply to the Budget or any interim budget.
(۲) If the President of the Republic has made reference to the Constitutional
Tribunal for an adjudication upon the conformity to the Constitution of the
Budget or interim budget before signing it, the Tribunal shall adjudicate such
matter no later than within a period of ۲ months from the day of submission of
such reference to the Tribunal.
Article ۲۲۵ []
If, after ۴ months from the day of submission of a draft Budget to the House of
Representatives (Sejm), it has not been adopted or presented to the President
of the Republic for signature, the President of the Republic may, within the
following of ۱۴ days, order the shortening of the House of Representatives”
(Sejm”s) term of office.
Article ۲۲۶ []
(۱) The Council of Ministers, within the ۵-month period following the end of
the fiscal year, shall present to the House of Representatives (Sejm) a report
on the implementation of the Budget together with information on the condition
of the State debt.
(۲) Within ۹۰ days following receipt of the report, the House of
Representatives (Sejm) shall consider the report presented to it, and, after
seeking the opinion of the Supreme Chamber of Control, shall pass a resolution
on whether to grant or refuse to grant approval of the financial accounts
submitted by the Council of Ministers.
Article ۲۲۷ []
(۱) The central bank of the State shall be the National Bank of Poland. It
shall have the exclusive right to issue money as well as to formulate and
implement monetary policy. The National Bank of Poland shall be responsible for
the value of Polish currency.
(۲) The organs of the National Bank of Poland shall be: the President of the
National Bank of Poland, the Council for Monetary Policy as well as the Board
of the National Bank of Poland.
(۳) The House of Representatives (Sejm), on request of the President of the
Republic, shall appoint the President of the National Bank of Poland for a
period of ۶ years.
(۴) The President of the National Bank of Poland shall not belong to a
political party, a trade unionn or perform public activities incompatible with
the dignity of his office.
(۵) The Council for Monetary Policy shall be composed of the President of the
National Bank of Poland, who shall preside over it, as well as persons
distinguished by their knowledge of financial matters – appointed, in equal
numbers, by the President of the Republic, the House of Representatives (Sejm)
and the Senate for a period of ۶ years.
(۶) The Council for Monetary Policy shall annually formulate the aims of
monetary policy and present them to the House of Representatives (Sejm) at the
same time as the submission of the Council of Ministers” draft Budget.
Within ۵ months following the end of the fiscal year, the Council for Monetary
Policy shall submit to the House of Representatives (Sejm) a report on the
achievement of the purposes of monetary policy.
(۷) The organization and principles of activity of the National Bank of Poland,
as well as detailed principles for the appointment and dismissal of its organs,
shall be specified by statute.
Chapter XI Extraordinary Measures
Article ۲۲۸ []
(۱) In situations of particular danger, if ordinary constitutional measures are
inadequate, any of the following appropriate extraordinary measures may be
introduced: martial law, a state of emergency or a state of natural disaster.
(۲) Extraordinary measures may be introduced only by regulation, issued upon
the basis of statute, and which shall additionally require to be publicized.
(۳) The principles for activity by organs of public authority as well as the
degree to which the freedoms and rights of persons and citizens may be subject
to limitation for the duration of a period requiring any extraordinary measures
shall be established by statute.
(۴) A statute may specify the principles, scope and manner of compensating for
loss of property resulting from limitation of the freedoms and rights of
persons and citizens during a period requiring introduction of extraordinary
measures.
(۵) Actions undertaken as a result of the introduction of any extraordinary
measure shall be proportionate to the degree of threat and shall be intended to
achieve the swiftest restoration of conditions allowing for the normal
functioning of the State.
(۶) During a period of introduction of extraordinary measures, the following
shall not be subject to change: the Constitution, the Acts on Elections to the
House of Representatives (Sejm), the Senate and organs of local
self-governments, the Act on Elections to the Presidency, as well as statutes
on extraordinary measures.
(۷) During a period of introduction of extraordinary measures, as well as
within the period of ۹۰ days following its termination, the term of office of
the House of Representatives (Sejm) may not be shortened, nor may a nationwide
referendum, nor elections to the House of Representatives (Sejm), Senate,
organs of local self-government nor elections for the Presidency be held, and
the term of office of such organs shall be appropriately prolonged. Elections
to organs of local self-government shall be possible only in those places where
the extraordinary measures have not been introduced.
Article ۲۲۹ []
In the case of external threats to the State, acts of armed aggression against
the territory of the Republic of Poland or when an obligation of common defence
against aggression
arises by virtue of international agreement, the President of the Republic may,
on request of the Council of Ministers, declare a state of martial law in a
part of or upon the whole territory of the State.
Article ۲۳۰ []
(۱) In the case of threats to the constitutional order of the State, to
security of the citizenry or public order, the President of the Republic may,
on request of the Council of Ministers, introduce for a definite period no
longer than ۹۰ days, a state of emergency in a part of or upon the whole
territory of the State.
(۲) Extension of a state of emergency may be made once only for a period no
longer than ۶۰ days and with the consent of the House of Representatives
(Sejm).
Article ۲۳۱ []
The President of the Republic shall submit the regulation on the introduction
of martial law or a state of emergency to the House of Representatives (Sejm)
within ۴۸ hours of signing such regulation. The House of Representatives (Sejm)
shall immediately consider the regulation of the President. The House of
Representatives (Sejm), by an absolute majority of votes taken in the presence
of at least half the statutory number of Deputies, may annul the regulation of
the President.
Article ۲۳۲ []
In order to prevent or remove the consequences of a natural catastrophe or a
technological accident exhibiting charracteristics of a natural disaster, the
Council of Ministers may introduce, for a definite period no longer than ۳۰
days, a state of natural disaster in a part of or upon the whole territory of
the State. An extension of a state of natural disaster may be made with the
consent of the House of Representatives (Sejm).
Article ۲۳۳ []
(۱) The statute specifying the scope of limitation of the freedoms and rights
of persons and citizens in times of martial law and states of emergency shall
not limit the freedoms and rights specified in Articles ۳۰ (the dignity of the
person), ۳۴, ۳۶ (citizenship), ۳۸ (protection of life), ۳۹, ۴۰, ۴۱ (۴) (humane
treatment), ۴۲ (ascripttion of criminal responsibility), ۴۵ (access to a
court), ۴۷ (personal rights), ۵۳ (conscience and religion), ۶۳ (petitions), as
well as Articles ۴۸ and ۷۲ (family and children).
(۲) Limitation of the freedoms and rights of persons and citizens only by
reason of race, gender, language, faith or lack of it, social origin, ancestry
or property shall be prohibited.
(۳) The statute specifying the scope of limitation of the freedoms and rights
of persons and citizens during states of natural disasters may limit the
freedoms and rights specified in Articles ۲۲ (freedom of economic activity), ۴۱
(۱), (۳), and (۵) (personal freedom), ۵۰ (inviolability of the home), ۵۲ (۱)
(freedom of movement and sojourn on the territory of the Republic of Poland),
۵۹ (۳) (the right to strike), ۶۴ (the right of ownership), ۶۵ (۱) (freedom to
work), ۶۶ (۱) (the right to safe and hygienic conditions of work) as well as
Article ۶۶ (۲) (the right to rest).
Article ۲۳۴ []
(۱) Whenever, during a period of martial law, the House of Representatives
(Sejm) is unable to assemble for a sitting, the President of the Republic
shall, on application of the Council of Ministers, and within the scope and
limits specified in Article ۲۲۸ (۳)-(۵), issue regulations havingg the force
of statute. Such regulations must be approved by the House of Representatives
(Sejm) at its next sitting.
(۲) The regulations, referred to in Paragraph (۱) above shall have the
charracter of universally binding law.
Chapter XII Amending the Constitution
Article ۲۳۵ []
(۱) A bill to amend the Constitution may be submitted by the following: at
least one-fifth of the statutory number of Deputies; the Senate; or the
President of the Republic.
(۲) Amendments to the Constitution shall be made by means of a statute adopted
by the House of Representatives (Sejm) and, thereafter, adopted in the same
wording by the Senate within a period of ۶۰ days.
(۳) The first reading of a bill to amend the Constitution may take place no
sooner than ۳۰ days after the submission of the bill to the House of
Representatives (Sejm).
(۴) A bill to amend the Constitution shall be adopted by the House of
Representatives (Sejm) by a majority of at least two-thirds of votes in the
presence of at least half of the statutory number of Deputies, and by the
Senate by an absolute majority of votes in the presence of at least half of the
statutory number of Senators.
(۵) The adoption by the House of Representatives (Sejm) of a bill amending the
provisions of Chapters I, II or XII of the Constitution shall take place no
sooner than ۶۰ days after the first reading of the bill.
(۶) If a bill to amend the Constitution relates to the provisions Chapters I,
II or XII, the subjects specified in Paragraph (۱) above may require, within ۴۵
days of the adoption of the bill by the Senate, the holding of a confirmatory
referendum. Such subjects shall make application in the matter to the Marshal
of the House of Representatives (Sejm), who shall order the holding of a
referendum within ۶۰ days of the day of receipt of the application. The
amendment to the Constitution shall be deemed accepted if the majority of those
voting express support for such amendment.
(۷) After conclusion of the procedures specified in Paragraphs (۴) and (۶)
above, the Marshal of the House of Representatives (Sejm) shall submit the
adopted statute to the President of the Republic for signature. The President
of the Republic shall sign the statute within ۲۱ days of its submission and
order its promulgation in the Journal of Laws of the Republic of Poland
(Dziennik Ustaw).
Chapter XIII Final and Transitional Provisions
Article ۲۳۶ []
(۱) Within a period of ۲ years from the day on which the Constitution comes
into force, the Council of Ministers shall present to the House of
Representatives (Sejm) such bills as are necessary for the implementation of
the Constitution.
(۲) Statutes bringing Article ۱۷۶ (۱) into effect, to the extent relevant to
proceedings before administrative courts, shall be adopted before the end of ۵
years from the day on which the Constitution comes into force. The provisions
relating to extraordinary review of judgments by the Chief Administrative Court
shall remain in effect until the entry into force of such statutes.
Article ۲۳۷ []
(۱) Within the ۴-year period following the coming into force of this
Constitution, cases of misdemeanours shall be heard and determined by the
Boards for Adjudication of Misdemeanours attached to district courts, but the
punishment of arrest may be imposed only by a court.
(۲) Appeals from a judgment of a Board shall be considered by a court.
Article ۲۳۸ []
(۱) The term of office of constitutional organs of public power and the
individuals composing them, whether elected or appointed before the coming into
force of the Constitution, shall end with the completion of the period
specified in provisions valid before the day on which the Constitution comes
into force.
(۲) In the event that provisions valid prior to the entry into force of the
Constitution do not specify any such term of office, and from the election or
appointment there has expired a period longer than that specified in the
Constitution, the constitutional term of office of organs of public power or
individuals composing them shall end one year after the day on which the
Constitution comes into force.
(۳) If provisions valid before to the entry into force of the Constitution do
not specify any such term of office, and from the day of election or
appointment there has expired a period shorter than that specified in the
Constitution, the time for which such organs or individuals shall serve in
accordance with existing provisions shall be included in the term of office
specified in the Constitution.
Article ۲۳۹ []
(۱) Within ۲ years of the day on which the Constitution comes into force a
judgment of the Constitutional Tribunal of the non-conformity to the
Constitution of statutes adopted before its coming into force shall not be
final and shall be required to be considered by the House of Representatives
(Sejm) which may reject the judgment of the Constitutional Tribunal by a
two-third majority vote in the presence of at least half of the statutory
number of Deputies. The foregoing provision shall not concern judgments issued
in response to questions of law submitted to the Constitutional Tribunal.
(۲) Proceedings in cases to formulate a universally binding interpretation of
statutes by the Constitutional tribunal instituted before the coming into force
of the Constitution, shall be discontinued.
(۳) On the day on which the Constitution comes into force, resolutions of the
Constitutional Tribunal on interpretation of statutes shall lose their
universally binding force, but final judgments of the courts and other final
decisions made by organs of public authority whilst taking into account the
meaning of provisions as decided by the Constitutional Tribunal by way of
universally binding interpretation of statutes, shall remain in force.
Article ۲۴۰ []
Within one year of the day on which the Constitution comes into force, the
Budget may allow for the covering of the budget deficit by contracting debt in
the central bank of the State.
Article ۲۴۱ []
(۱) International agreements, previously ratified by the Republic of Poland
upon the basis of constitutional provisions valid at the time of their
ratification and promulgated in Dziennik Ustaw, shall be considered as
agreements ratified with prior consent granted by statute, and shall be subject
to the provisions of Article ۹۱ of the Constitution if their connection with
the categories of matters mentioned in Article ۸۹ (۱) of the Constitution
derives from the terms of an international agreement.
(۲) The Council of Ministers shall, within ۲ years of the coming into force of
the Constitution, present to the House of Representatives (Sejm) a list of
international agreements containing provisions not in conformity to the
Constitution.
(۳) Senators, elected before the day on which the Constitution comes into
force, who have not attained ۳۰ years of age, shall maintain their seats until
the end of the term of office for which they were elected.
(۴) Joint holding of the mandate of a Deputy or Senator with a function or
employment forbidden by Article ۱۰۳, shall result in the expiry of the mandate
after one month from the day on which the Constitution comes into force, unless
the Deputy or Senator resigns from such function or such employment ceases.
(۵) Cases subject to legislative procedure or under consideration by the
Constitutional Tribunal or the Tribunal of State, and which have been commenced
before the coming into force of the Constitution, shall be conducted in
accordance with the constitutional provisions valid on the day of the
commencement thereof.
(۶) Within ۲ years of the coming into force of the Constitution, the Council of
Ministers shall identify which resolutions of the Council of Ministers and
orders of ministers or other organs of government administration adopted or
issued prior to the day on which the Constitution comes into force require,
pursuant to the conditions specified in Articles ۸۷ (۱) and ۹۲ of the
Constitution, are to be replaced by regulations issued upon the basis of
statutes to be drafted and submitted, at the appropriate time, to the House of
Representatives (Sejm) by the Council of Ministers. At the same time, the
Council of Ministers shall submit to the House of Representatives (Sejm) a bill
specifying those normative acts issued by the government administration before
the day on which the Constitution comes into force which shall become
resolutions or orders within the meaning of Article ۹۳ of the Constitution.
(۷) Enactments of local law as well as provisions issued by communes shall
become enactments of local law within the meaning of Article ۸۷ (۲) of the
Constitution.
Article ۲۴۲ []
The following are hereby repealed: ۱) the Constitutional Act of ۱۷ Oct ۱۹۹۲, on
the Mutual Relations between the Legislative and execcutive Institutions of
the Republic of Poland and on Local Self-government (Dziennik Ustaw of ۱۹۹۲ No.
۸۴, item ۴۲۶; of ۱۹۹۵ No. ۳۸, item ۱۸۴, No. ۱۵۰, item ۷۲۹ as well as of ۱۹۹۶
No. ۱۰۶, item ۴۸۸); ۲) the Constitutional Act of ۲۳ April ۱۹۹۲ on the
Procedure for Preparing and Enacting a Constitution for the Republic of Poland
(Dziennik Ustaw of ۱۹۹۲ No. ۶۷, item ۳۳۶; and of ۱۹۹۴ No. ۶۱, item ۲۵۱).
Article ۲۴۳ []
The Constitution of the Republic of Poland shall come into force on the expiry
of the ۳-month period following the day of its promulgation.