波兰宪法1997英文
2012-07-14 14:15阅读：
THE CONSTITUTION OF THE REPUBLIC OF POLAND OF 2nd APRIL, 1997
As published in Dziennik Ustaw No. 78, item 483
Having regard for the existence and future of our Homeland,
Which recovered, in 1989, 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
ou
r 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 subsidiarity 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 1
The Republic of Poland shall be the common good of all its
citizens.
Article 2
The Republic of Poland shall be a democratic state ruled by law and
implementing the principles of social justice.
Article 3
The Republic of Poland shall be a unitary State.
Article 4
1.
Supreme power in the Republic of Poland shall be vested in
the Nation.
2.
The Nation shall exercise such power directly or through
their representatives.
Article 5
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 6
1.
The Republic of Poland shall provide conditions for the
people's equal access to the products of culture which are the
source of the Nation's identity, continuity and development.
2.
The Republic of Poland shall provide assistance to Poles
living abroad to maintain their links with the national cultural
heritage.
Article 7
The organs of public authority shall function on the basis of, and
within the limits of, the law.
Article 8
1.
The Constitution shall be the supreme law of the Republic of
Poland.
2.
The provisions of the Constitution shall apply directly,
unless the Constitution provides otherwise.
Article 9
The Republic of Poland shall respect international law binding upon
it.
Article 10
1.
The system of government of the Republic of Poland shall be
based on the separation of and balance between the legislative,
executive and judicial powers.
2.
Legislative power shall be vested in the Sejm and the
Senate, executive 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 11
1.
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.
2.
The financing of political parties shall be open to public
inspection.
Article 12
The Republic of Poland shall ensure freedom for the creation and
functioning of trade unions, socio-occupational organizations of
farmers, societies, citizens' movements, other voluntary
associations and foundations.
Article 13
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 prohibited.
Article 14
The Republic of Poland shall ensure freedom of the press and other
means of social communication.
Article 15
1.
The territorial system of the Republic of Poland shall
ensure the decentralization of public power.
2.
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 16
1.
The inhabitants of the units of basic territorial division
shall form a self-governing community in accordance with law.
2.
Local government shall participate in the exercise of public
power. The substantial part of public duties which local government
is empowered to discharge by statute shall be done in its own name
and under its own responsibility.
Article 17
1.
By means of a statute, self-governments may be created
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.
2.
Other forms of self-government shall also be created 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 18
Marriage, being a union 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 19
The Republic of Poland shall take special care of veterans of the
struggle for independence, particularly war invalids.
Article 20
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 21
1.
The Republic of Poland shall protect ownership and the right
of succession.
2.
Expropriation may be allowed solely for public purposes and
for just compensation.
Article 22
Limitations upon the freedom of economic activity may be imposed
only by means of statute and only for important public
reasons.
Article 23
The basis of the agricultural system of the State shall be the
family farm. This principle shall not infringe the provisions of
Articles 21 and 22.
Article 24
Work shall be protected by the Republic of Poland. The State shall
exercise supervision over the conditions of work.
Article 25
1.
Churches and other religious organizations shall have equal
rights.
2.
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.
3.
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.
4.
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.
5.
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 26
1.
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.
2.
The Armed Forces shall observe neutrality regarding
political matters and shall be subject to civil and democratic
control.
Article 27
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 28
1.
The image of a crowned white eagle upon a red field shall be
the coat-of-arms of the Republic of Poland.
2.
White and red shall be the colours of the Republic of
Poland.
3.
'D.browski's Mazurka' shall be the national anthem of the
Republic of Poland.
4.
The coat-of-arms, colours and national anthem of the
Republic of Poland shall be subject to legal protection.
5.
Details concerning the coat-of-arms, colours and national
anthem shall be specified by statute.
Article 29
Warsaw shall be the capital of the Republic of Poland.
Chapter II THE FREEDOMS, RIGHTS AND OBLIGATIONS OF PERSONS AND
CITIZENS
GENERAL PRINCIPLES
Article 30
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 31
1.
Freedom of the person shall receive legal protection.
2.
Everyone shall respect the freedoms and rights of others. No
one shall be compelled to do that which is not required by
law.
3.
Any limitation upon the exercise of constitutional freedoms
and rights may be 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 32
1.
All persons shall be equal before the law. All persons shall
have the right to equal treatment by public authorities.
2.
No one shall be discriminated against in political, social
or economic life for any reason whatsoever.
Article 33
1.
Men and women shall have equal rights in family, political,
social and economic life in the Republic of Poland.
2.
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 34
1.
Polish citizenship shall be acquired by birth to parents
being Polish citizens. Other methods of acquiring Polish
citizenship shall be specified by statute.
2.
A Polish citizen shall not lose Polish citizenship except by
renunciation thereof.
Article 35
1.
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.
2.
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 36
A Polish citizen shall, during a stay abroad, have the right to
protection by the Polish State.
Article 37
1.
Anyone, being under the authority of the Polish State, shall
enjoy the freedoms and rights ensured by the Constitution.
2.
Exemptions from this principle with respect to foreigners
shall be specified by statute.
PERSONAL FREEDOMS AND RIGHTS
Article 38
The Republic of Poland shall ensure the legal protection of the
life of every human being.
Article 39
No one shall be subjected to scientific experimentation, including
medical experimentation, without his voluntary consent.
Article 40
No one may be subjected to torture or cruel, inhuman, or degrading
treatment or punishment. The application of corporal punishment
shall be prohibited.
Article 41
1.
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.
2.
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.
3.
Every detained person shall be informed, immediately and in
a manner comprehensible to him, of the reasons for such detention.
The person shall, within 48 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 charges laid, has been served on
him within 24 hours of the time of being given over to the court's
disposal.
4.
Anyone deprived of liberty shall be treated in a humane
manner.
5.
Anyone who has been unlawfully deprived of liberty shall
have a right to compensation.
Article 42
1.
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.
2.
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.
3.
Everyone shall be presumed innocent of a charge until his
guilt is determined by the final judgment of a court.
Article 43
There shall be no statute of limitation regarding war crimes and
crimes against humanity.
Article 44
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 45
1.
Everyone shall have the right to a fair and public hearing
of his case, without undue delay, before a competent, impartial and
independent court.
2.
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 46
Property may be forfeited only in cases specified by statute, and
only by virtue of a final judgment of a court.
Article 47
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 48
1.
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.
2.
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 49
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 50
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 51
1.
No one may be obliged, except on the basis of statute, to
disclose information concerning his person.
2.
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.
3.
Everyone shall have a right of access to official documents
and data collections concerning himself. Limitations upon such
rights may be established by statute.
4.
Everyone shall have the right to demand the correction or
deletion of untrue or incomplete information, or information
acquired by means contrary to statute.
5.
Principles and procedures for collection of and access to
information shall be specified by statute.
Article 52
1.
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.
2.
Everyone may freely leave the territory of the Republic of
Poland.
3.
The freedoms specified in paras. 1 and 2 above may be
subject to limitations specified by statute.
4.
A Polish citizen may not be expelled from the country nor
forbidden to return to it.
5.
Anyone whose Polish origin has been confirmed in accordance
with statute may settle permanently in Poland.
Article 53
1.
Freedom of conscience and religion shall be ensured to
everyone.
2.
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.
3.
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 48, para. 1 shall
apply as appropriate.
4.
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.
5.
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.
6.
No one shall be compelled to participate or not participate
in religious practices.
7.
No one may be compelled by organs of public authority to
disclose his philosophy of life, religious convictions or
belief.
Article 54
1.
The freedom to express opinions, to acquire and to
disseminate information shall be ensured to everyone.
2.
Preventive censorship of the means of social communication
and the licensing of the press shall be prohibited. Statutes may
require the receipt of a permit for the operation of a radio or
television station.
Article 55
1.
The extradition of a Polish citizen shall be prohibited,
except in cases specified in paras 2 and 3.
2.
Extradition of a Polish citizen may be granted upon a
request made by a foreign state or an international judicial body
if such a possibility stems from an international treaty ratified
by Poland or a statute implementing a legal instrument enacted by
an international organisation of which the Republic of Poland is a
member, provided that the act covered by a request for
extradition:
1) was committed outside the territory of the Republic of Poland,
and
2) constituted an offence under the law in force in the Republic of
Poland or would have constituted an offence under the law in force
in the Republic of Poland if it had been committed within the
territory of the Republic of Poland, both at the time of its
commitment and at the time of the making of the request.
3.
Compliance with the conditions specified in para. 2 subparas
1 and 2 shall not be required if an extradition request is made by
an international judicial body established under an international
treaty ratified by Poland, in connection with a crime of genocide,
crime against humanity, war crime or a crime of aggression, covered
by the jurisdiction of that body.
4.
The extradition of a person suspected of the commission of a
crime for political reasons but without the use of force shall be
forbidden, so as an extradition which would violate rights and
freedoms of persons and citizens.
5.
The courts shall adjudicate on the admissibility of
extradition.
Article 56
1.
Foreigners shall have a right of asylum in the Republic of
Poland in accordance with principles specified by statute.
2.
Foreigners who, in the Republic of Poland, seek protection
from persecution, may be granted the status of a refugee in
accordance with international agreements to which the Republic of
Poland is a party.
POLITICAL FREEDOMS AND RIGHTS
Article 57
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 58
1.
The freedom of association shall be guaranteed to
everyone.
2.
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.
3.
Statutes shall specify types of associations requiring court
registration, a procedure for such registration and the forms of
supervision of such associations.
Article 59
1.
The freedom of association in trade unions,
socio-occupational organizations of farmers, and in employers'
organizations shall be ensured.
2.
Trade unions 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.
3.
Trade unions 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.
4.
The scope of freedom of association in trade unions 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 60
Polish citizens enjoying full public rights shall have a right of
access to the public service based on the principle of
equality.
Article 61
1.
A citizen shall have the right to obtain information on the
activities of organs of public authority as well as persons
discharging 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.
2.
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.
3.
Limitations upon the rights referred to in paras. 1 and 2
above, 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.
4.
The procedure for the provision of information, referred to
in paras. 1 and 2 above shall be specified by statute, and
regarding the Sejm and the Senate by their rules of
procedure.
Article 62
1.
If, no later than on the day of vote, he has attained 18
years of age, 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 Sejm and
Senate and organs of local government.
2.
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 63
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.
ECONOMIC, SOCIAL AND CULTURAL FREEDOMS AND RIGHTS
Article 64
1.
Everyone shall have the right to ownership, other property
rights and the right of succession.
2.
Everyone, on an equal basis, shall receive legal protection
regarding ownership, other property rights and the right of
succession.
3.
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 65
1.
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.
2.
An obligation to work may be imposed only by statute.
3.
The permanent employment of children under 16 years of age
shall be prohibited. The types and nature of admissible employment
shall be specified by statute.
4.
A minimum level of remuneration for work, or the manner of
setting its levels shall be specified by statute.
5.
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 66
1.
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.
2.
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 67
1.
A citizen shall have the right to social security whenever
incapacitated for work by reason of sickness or invalidism as well
as having attained retirement age. The scope and forms of social
security shall be specified by statute.
2.
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 68
1.
Everyone shall have the right to have his health
protected.
2.
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.
3.
Public authorities shall ensure special health care to
children, pregnant women, handicapped people and persons of
advanced age.
4.
Public authorities shall combat epidemic illnesses and
prevent the negative health consequences of degradation of the
environment.
5.
Public authorities shall support the development of physical
culture, particularly amongst children and young persons.
Article 69
Public authorities shall provide, in accordance with statute, aid
to disabled persons to ensure their subsistence, adaptation to work
and social communication.
Article 70
1.
Everyone shall have the right to education. Education to 18
years of age shall be compulsory. The manner of fulfilment of
schooling obligations shall be specified by statute.
2.
Education in public schools shall be without payment.
Statutes may allow for payments for certain services provided by
public institutions of higher education.
3.
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.
4.
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.
5.
The autonomy of the institutions of higher education shall
be ensured in accordance with principles specified by
statute.
Article 71
1.
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.
2.
A mother, before and after birth, shall have the right to
special assistance from public authorities, to the extent specified
by statute.
Article 72
1.
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.
2.
A child deprived of parental care shall have the right to
care and assistance provided by public authorities.
3.
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.
4.
The competence and procedure for appointment of the
Commissioner for Children's Rights shall be specified by
statute.
Article 73
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 74
1.
Public authorities shall pursue policies ensuring the
ecological security of current and future generations.
2.
Protection of the environment shall be the duty of public
authorities.
3.
Everyone shall have the right to be informed of the quality
of the environment and its protection.
4.
Public authorities shall support the activities of citizens
to protect and improve the quality of the environment.
Article 75
1.
Public authorities shall pursue policies conducive to
satisfying the housing needs of citizens, in particular combating
homelessness, promoting the development of low-income housing and
supporting activities aimed at acquisition of a home by each
citizen.
2.
Protection of the rights of tenants shall be established by
statute.
Article 76
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.
MEANS FOR THE DEFENCE OF FREEDOMS AND RIGHTS
Article 77
1.
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.
2.
Statutes shall not bar the recourse by any person to the
courts in pursuit of claims alleging infringement of freedoms or
rights.
Article 78
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 79
1.
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.
2.
The provisions of para. 1 above shall not relate to the
rights specified in Article 56.
Article 80
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 81
The rights specified in Article 65, paras. 4 and 5, Article 66,
Article 69, Article 71 and Articles 74-76, may be asserted subject
to limitations specified by statute.
OBLIGATIONS
Article 82
Loyalty to the Republic of Poland, as well as concern for the
common good, shall be the duty of every Polish citizen.
Article 83
Everyone shall observe the law of the Republic of Poland.
Article 84
Everyone shall comply with his responsibilities and public duties,
including the payment of taxes, as specified by statute.
Article 85
1.
It shall be the duty of every Polish citizen to defend the
Homeland.
2.
The nature of military service shall be specified by
statute.
3.
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 86
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 87
1.
The sources of universally binding law of the Republic of
Poland shall be: the Constitution, statutes, ratified international
agreements, and regulations.
2.
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 88
1.
The condition precedent for the coming into force of
statutes, regulations and enactments of local law shall be the
promulgation thereof.
2.
The principles of and procedures for promulgation of
normative acts shall be specified by statute.
3.
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 89
1.
Ratification of an international agreement by the Republic
of Poland, as well as renunciation thereof, shall require prior
consent granted by statute - if such agreement concerns:
1) peace, alliances, political or military treaties;
2) freedoms, rights or obligations of citizens, as specified in the
Constitution;
3) the Republic of Poland's membership in an international
organization;
4) considerable financial responsibilities imposed on the
State;
5) matters regulated by statute or those in respect of which the
Constitution requires the form of a statute.
2.
The President of the Council of Ministers (the Prime
Minister) shall inform the 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.
3.
The principles of and procedures for the conclusion and
renunciation of international agreements shall be specified by
statute.
Article 90
1.
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.
2.
A statute, granting consent for ratification of an
international agreement referred to in para.1, shall be passed by
the 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.
3.
Granting of consent for ratification of such agreement may
also be passed by a nationwide referendum in accordance with the
provisions of Article 125.
4.
Any resolution in respect of the choice of procedure for
granting consent to ratification shall be taken by the Sejm by an
absolute majority vote taken in the presence of at least half of
the statutory number of Deputies.
Article 91
1.
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.
2.
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.
3.
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 92
1.
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.
2.
An organ authorized to issue a regulation shall not delegate
its competence, referred to in para. 1 above, to another
organ.
Article 93
1.
Resolutions of the Council of Ministers and orders of the
Prime Minister and ministers shall be of an internal character and
shall bind only those organizational units subordinate to the organ
which issues such act.
2.
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.
3.
Resolutions and orders shall be subject to scrutiny
regarding their compliance with universally binding law.
Article 94
On the basis of and within limits specified by statute, organs of
local 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 SEJM AND THE SENATE
Article 95
1.
Legislative power in the Republic of Poland shall be
exercised by the Sejm and the Senate.
2.
The Sejm shall exercise control over the activities of the
Council of Ministers within the scope specified by the provisions
of the Constitution and statutes.
ELECTIONS AND THE TERM OF OFFICE
Article 96
1.
The Sejm shall be composed of 460 Deputies.
2.
Elections to the Sejm shall be universal, equal, direct and
proportional and shall be conducted by secret ballot.
Article 97
1.
The Senate shall be composed of 100 Senators.
2.
Elections to the Senate shall be universal, direct and shall
be conducted by secret ballot.
Article 98
1.
The Sejm and the Senate shall be chosen each for a 4-year
term of office. The term of office of the Sejm and Senate shall
begin on the day on which the Sejm assembles for its first sitting
and shall continue until the day preceding the assembly of the Sejm
of the succeeding term of office.
2.
Elections to the Sejm and the Senate shall be ordered by the
President of the Republic no later than 90 days before the expiry
of the 4 year period beginning with the commencement of the 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 30 day
period before the expiry of the 4 year period beginning from the
commencement of the Sejm's and Senate's term of office.
3.
The 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 Sejm shall simultaneously mean a shortening of the term of
office of the Senate. The provisions of para. 5 above shall apply
as appropriate.
4.
The President of the Republic, after seeking the opinion of
the Marshal of the Sejm and the Marshal of the Senate, may, in
those instances specified in the Constitution, order shortening of
the Sejm's term of office. Whenever the term of office of the Sejm
has been so shortened, then the term of office of the Senate shall
also be shortened.
5.
The President of the Republic, when ordering the shortening
of the Sejm's term of office, shall simultaneously order elections
to the Sejm and the Senate, and shall order them to be held on a
day falling no later than within the 45 day period from the day of
the official announcement of Presidential order on the shortening
of the Sejm's term of office. The President of the Republic shall
summon the first sitting of the newly elected Sejm no later than
the 15th day after the day on which the elections were held.
6.
In the event of shortening of the Sejm's term of office, the
provisions of para. 1 above shall apply as appropriate.
Article 99
1.
Every citizen having the right to vote, who, no later than
on the day of the elections, has attained the age of 21 years,
shall be eligible to be elected to the Sejm.
2.
Every citizen having the right to vote, who, no later than
on the day of the elections, has attained the age of 30 years,
shall be eligible to be elected to the Senate.
3.
No person sentenced to imprisonment by a final judgment for
an intentional indictable offence may be elected to the Sejm or the
Senate.
Article 100
1.
Candidates for Deputies and Senators may be nominated by
political parties or voters.
2.
No one may stand for election to the Sejm and the Senate at
the same time.
3.
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 101
1.
The Supreme Court shall adjudicate upon the validity of the
elections to the Sejm and the Senate.
2.
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.
DEPUTIES AND SENATORS
Article 102
No one may be a Deputy and Senator at the same time.
Article 103
1.
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 Chancellery of the 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.
2.
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.
3.
Other instances prohibiting the holding of a mandate of a
Deputy or prohibiting the performance of a mandate jointly with
other public functions may be specified by statute.
Article 104
1.
Deputies shall be representatives of the Nation. They shall
not be bound by any instructions of the electorate.
2.
Deputies, before the commencement of the performance of the
mandate, shall take the following oath in the presence of the
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.'
3.
A refusal to take the oath shall be deemed to be a
renunciation of the mandate.
Article 105
1.
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 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 Sejm.
2.
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
Sejm.
3.
Criminal proceedings instituted against a person before the
day of his election as Deputy, shall be suspended at the request of
the 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.
4.
A Deputy may consent to be brought to criminal
accountability. In such instance, the provisions of paras. 2 and 3
shall not apply.
5.
A Deputy shall be neither detained nor arrested without the
consent of the Sejm, 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. Any such
detention shall be immediately communicated to the Marshal of the
Sejm, who may order an immediate release of the Deputy.
6.
Detailed principles of and procedures for bringing Deputies
to criminal accountability shall be specified by statute.
Article 106
Conditions appropriate to the effective discharge of their duties
by the Deputies as well as for defence of their rights resulting
from the performance of their mandate shall be specified by
statute.
Article 107
1.
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 government
or to acquire such property.
2.
In respect of any breach of the prohibition specified in
para. 1 above, a Deputy shall, by resolution of the Sejm adopted on
a motion of the Marshal of the Sejm, be brought to accountability
before the Tribunal of State which shall adjudicate upon forfeiture
of the mandate.
Article 108
The provisions of Articles 103-107 shall apply, as appropriate, to
Senators.
ORGANIZATION AND FUNCTIONING
Article 109
1.
The Sejm and the Senate shall debate in the course of
sittings.
2.
The first sitting of the Sejm and Senate shall be summoned
by the President of the Republic to be held on a day within 30 days
following the day of the elections, except for instances specified
in Article 98, paras. 3 and 5.
Article 110
1.
The Sejm shall elect from amongst its members a Marshal of
the Sejm and Vice-Marshals.
2.
The Marshal of the Sejm shall preside over the debates of
the Sejm, safeguard the rights of the Sejm as well as represent the
Sejm in external matters.
3.
The Sejm shall appoint standing committees and may also
appoint special committees.
Article 111
1.
The Sejm may appoint an investigative committee to examine a
particular matter.
2.
The procedures for work by an investigative committee shall
be specified by statute.
Article 112
The internal organization and conduct of work of the 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 Sejm, shall be
specified in the rules of procedure adopted by the Sejm.
Article 113
Sittings of the Sejm shall be open to the public. In the interest
of the State, the 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 114
1.
In instances specified in the Constitution, the Sejm and the
Senate sitting in joint session, shall act as the National
Assembly, with the Marshal of the Sejm presiding or, in his
absence, the Marshal of the Senate.
2.
The National Assembly shall adopt its own rules of
procedure.
Article 115
1.
The Prime Minister and other members of the Council of
Ministers shall furnish answers to interpellations and Deputies'
questions within 21 days.
2.
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 Sejm.
Article 116
1.
The Sejm shall declare, in the name of the Republic of
Poland, a state of war and the conclusion of peace.
2.
The 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
Sejm cannot assemble for a sitting, the President of the Republic
may declare a state of war.
Article 117
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 118
1.
The right to introduce legislation shall belong to Deputies,
to the Senate, to the President of the Republic and to the Council
of Ministers.
2.
The right to introduce legislation shall also belong to a
group of at least 100,000 citizens having the right to vote in
elections to the Sejm. The procedure in such matter shall be
specified by statute.
3.
Sponsors, when introducing a bill to the Sejm, shall
indicate the financial consequences of its implementation.
Article 119
1.
The Sejm shall consider bills in the course of three
readings.
2.
The right to introduce amendments to a bill in the course of
its consideration by the Sejm shall belong to its sponsor, Deputies
and the Council of Ministers.
3.
The Marshal of the Sejm may refuse to put to a vote any
amendment which has not previously been submitted to a
committee.
4.
The sponsor may withdraw a bill in the course of legislative
proceedings in the Sejm until the conclusion of its second
reading.
Article 120
The 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 Sejm in adoption of resolutions,
unless a statute or a resolution of the Sejm provide
otherwise.
Article 121
1.
A bill passed by the Sejm shall be submitted to the Senate
by the Marshal of the Sejm.
2.
The Senate, within 30 days of submission of a bill, may
adopt it without amendment, adopt amendments or resolve upon its
complete rejection. If, within 30 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 Sejm.
3.
A resolution of the Senate rejecting a bill, or an amendment
proposed in the Senate's resolution, shall be considered accepted
unless the Sejm rejects it by an absolute majority vote in the
presence of at least half of the statutory number of
Deputies.
Article 122
1.
After the completion of the procedure specified in Article
121, the Marshal of the Sejm shall submit an adopted bill to the
President of the Republic for signature.
2.
The President of the Republic shall sign a bill within 21
days of its submission and shall order its promulgation in the
Journal of Laws of the Republic of Poland (Dziennik Ustaw).
3.
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.
4.
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 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
Sejm for the purpose of removing the non-conformity.
5.
If the President of the Republic has not made reference to
the Constitutional Tribunal in accordance with para. 3, he may
refer the bill, with reasons given, to the Sejm for its
reconsideration. If the said bill is repassed by the 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 7 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 Sejm, the President of the
Republic shall have no right to refer it to the Constitutional
Tribunal in accordance with the procedure prescribed in para.
3.
6.
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 para. 2, above.
Article 123
1.
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 Sejm,
to the Senate and to organs of local government, bills governing
the structure and jurisdiction of public authorities, and also
drafts of law codes.
2.
The rules of procedure of the 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.
3.
In the legislative procedure in relation to a bill
classified as urgent, the time period for its consideration by the
Senate shall be 14 days and the period for its signature by the
President of the Republic shall be 7 days.
Article 124
The provisions of Article 110, Article 112, Article 113 and Article
120 shall apply, as appropriate, to the Senate.
REFERENDUM
Article 125
1.
A nationwide referendum may be held in respect of matters of
particular importance to the State.
2.
The right to order a nationwide referendum shall be vested
in the 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.
3.
A result of a nationwide referendum shall be binding, if
more than half of the number of those having the right to vote have
participated in it.
4.
The validity of a nationwide referendum and the referendum
referred to in Article 235, para. 6, shall be determined by the
Supreme Court.
5.
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 126
1.
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.
2.
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.
3.
The President shall exercise his duties within the scope of
and in accordance with the principles specified in the Constitution
and statutes.
Article 127
1.
The President of the Republic shall be elected by the
Nation, in universal, equal and direct elections, conducted by
secret ballot.
2.
The President of the Republic shall be elected for a 5-year
term of office and may be re-elected only for one more term.
3.
Only a Polish citizen who, no later than the day of the
elections, has attained 35 years of age and has a full electoral
franchise in elections to the Sejm, may be elected President of the
Republic. Any such candidature shall be supported by the signatures
of at least 100,000 citizens having the right to vote in elections
to the Sejm.
4.
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 14th day after the first
vote.
5.
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 14
days.
6.
The candidate who receives the higher number of votes in the
repeat ballot shall be elected President of the Republic.
7.
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 128
1.
The term of office of the President of the Republic shall
commence on the date of his assuming such office.
2.
The election of the President of the Republic shall be
ordered by the Marshal of the Sejm to be held on a day no sooner
than 100 days and no later than 75 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 14th day thereafter, specifying the date of the
election which shall be on a non-working day and within a period of
60 days of the day of ordering the election.
Article 129
1.
The Supreme Court shall adjudicate upon the validity of the
election of the President of the Republic.
2.
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.
3.
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 128, para. 2
in relation to a vacancy in the office of President of the
Republic.
Article 130
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 131
1.
If the President of the Republic is temporarily unable to
discharge the duties of his office, he shall communicate this fact
to the Marshal of the 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 Sejm of his
incapacity to discharge the duties of the office, then the
Constitutional Tribunal shall, on request of the Marshal of the
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 Sejm to temporarily perform the duties of the President of the
Republic.
2.
The Marshal of the Sejm shall, until the time of election of
a new President of the Republic, temporarily discharge the duties
of the President of the Republic in the following instances:
1) the death of the President of the Republic;
2) the President's resignation from office;
3) judicial declaration of the invalidity of the election to the
Presidency or other reasons for not assuming office following the
election;
4) 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;
5) dismissal of the President of the Republic from office by a
judgment of the Tribunal of State.
6) If the Marshal of the Sejm is unable to discharge the duties of
the President of the Republic, such duties shall be discharged by
the Marshal of the Senate.
7) A person discharging the duties of the President of the Republic
shall not shorten the term of office of the Sejm.
Article 132
The President of the Republic shall hold no other offices nor
discharge any public functions, with the exception of those
connected with the duties of his office.
Article 133
1.
The President of the Republic, as representative of the
State in foreign affairs, shall:
1) ratify and renounce international agreements, and shall notify
the Sejm and the Senate thereof;
2) appoint and recall the plenipotentiary representatives of the
Republic of Poland to other states and to international
organizations;
3) receive the Letters of Credence and recall of diplomatic
representatives of other states and international organizations
accredited to him.
2.
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.
3.
The President of the Republic shall cooperate with the Prime
Minister and the appropriate minister in respect of foreign
policy.
Article 134
1.
The President of the Republic shall be the Supreme Commander
of the Armed Forces of the Republic of Poland.
2.
The President of the Republic, in times of peace, shall
exercise command over the Armed Forces through the Minister of
National Defence.
3.
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.
4.
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.
5.
The President of the Republic, on request of the Minister of
National Defence, shall confer military ranks as specified by
statute.
6.
The authority of the President of the Republic, regarding
his supreme command of the Armed Forces, shall be specified in
detail by statute.
Article 135
The advisory organ to the President of the Republic regarding
internal and external security of the State shall be the National
Security Council.
Article 136
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 137
The President of the Republic shall grant Polish citizenship and
shall give consent for renunciation of Polish citizenship.
Article 138
The President of the Republic shall confer orders and
decorations.
Article 139
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 140
The President of the Republic may deliver a Message to the Sejm, to
the Senate or to the National Assembly. Such Message shall not be a
subject of debate.
Article 141
1.
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.
2.
The Cabinet Council shall not possess the competence of the
Council of Ministers.
Article 142
1.
The President of the Republic shall issue regulations and
executive orders in accordance with the principles specified in
Articles 92 and 93.
2.
The President of the Republic shall issue decisions within
the scope of discharge of his other authorities.
Article 143
The Presidential Chancellery shall be the organ of assistance to
the President of the Republic. The President of the Republic shall
establish the statute of the Presidential Chancellery and shall
appoint and dismiss its Chief.
Article 144
1.
The President of the Republic, exercising his constitutional
and statutory authority, shall issue Official Acts.
2.
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 Sejm.
3.
The provisions of para. 2 above shall not relate to:
1) proclaiming elections to the Sejm and to the Senate;
2) summoning the first sitting of a newly elected Sejm and
Senate;
3) shortening of the term of office of the Sejm in the instances
specified in the Constitution;
4) introducing legislation;
5) proclaiming the holding of a nationwide referendum;
6) signing or refusing to sign a bill;
7) ordering the promulgation of a statute or an international
agreement in the Journal of Laws of the Republic of Poland
(Dziennik Ustaw);
8) delivering a Message to the Sejm, to the Senate or to the
National Assembly;
9) making a referral to the Constitutional Tribunal;
10) requesting the Supreme Chamber of Control to carry out an
audit;
11) nominating and appointing the Prime Minister;
12) accepting resignation of the Council of Ministers and obliging
it to temporarily continue with its duties;
13) applying to the Sejm to bring a member of the Council of
Ministers to responsibility before the Tribunal of State;
14) dismissing a minister in whom the Sejm has passed a vote of no
confidence;
15) convening the Cabinet Council;
16) conferring orders and decorations;
17) appointing judges;
18) exercising the power of pardon;
19) granting Polish citizenship and giving consent for renunciation
of Polish citizenship;
20) appointing the First President of the Supreme Court;
21) appointing the President and Vice-President of the
Constitutional Tribunal;
22) appointing the President of the Supreme Administrative
Court;
23) appointing the presidents of the Supreme Court and
vice-presidents of the Supreme Administrative Court;
24) requesting the Sejm to appoint the President of the National
Bank of Poland;
25) appointing the members of the Council for Monetary
Policy;
26) appointing and dismissing members of the National Security
Council;
27) appointing members of the National Council of Radio
Broadcasting and Television;
28) establishing the statute of the Presidential Chancellery and
appointing or dismissing the Chief of the Presidential
Chancellery.
29) issuing orders in accordance with the principles specified in
Article 93;
30) resigning from the office of President of the Republic.
Article 145
1.
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.
2.
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 140 members of
the Assembly.
3.
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 discharging all functions of
his office. The provisions of Article 131 shall apply as
appropriate.
Chapter VI THE COUNCIL OF MINISTERS AND GOVERNMENT
ADMINISTRATION
Article 146
1.
The Council of Ministers shall conduct the internal affairs
and foreign policy of the Republic of Poland.
2.
The Council of Ministers shall conduct the affairs of State
not reserved to other State organs or local government.
3.
The Council of Ministers shall manage the government
administration.
4.
To the extent and in accordance with the principles
specified by the Constitution and statutes, the Council of
Ministers, in particular, shall:
1) ensure the implementation of statutes;
2) issue regulations;
3) coordinate and supervise the work of organs of State
administration;
4) protect the interests of the State Treasury;
5) adopt a draft State Budget;
6) 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;
7) ensure the internal security of the State and public
order;
8) ensure the external security of the State;
9) exercise general control in the field of relations with other
States and international organizations;
10) conclude international agreements requiring ratification as
well as accept and renounce other international agreements;
11) exercise general control in the field of national defence and
annually specify the number of citizens who are required to perform
active military service;
12) determine the organization and the manner of its own
work.
Article 147
1.
The Council of Ministers shall be composed of the President
of the Council of Ministers (Prime Minister) and ministers.
2.
Vice-presidents of the Council of Ministers (Deputy Prime
Ministers) may also be appointed within the Council of
Ministers.
3.
The Prime Minister and Deputy Prime Ministers may also
discharge the functions of a minister.
4.
The presidents of committees specified in statutes may also
be appointed to membership in the Council of Ministers.
Article 148
The Prime Minister shall:
1.
represent the Council of Ministers;
2.
manage the work of the Council of Ministers;
3.
issue regulations;
4.
ensure the implementation of the policies adopted by the
Council of Ministers and specify the manner of their
implementation;
5.
coordinate and control the work of members of the Council of
Ministers;
6.
exercise, within the limits and by the means specified in
the Constitution and statute, supervision of local
government.
7.
be the official superior of employees of the government
administration.
Article 149
1.
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.
2.
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.
3.
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 147, para.
4.
Article 150
A member of the Council of Ministers shall not perform any activity
inconsistent with his public duties.
Article 151
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 152
1.
The voivod shall be the representative of the Council of
Ministers in a voivodship.
2.
The procedure for appointment and dismissal, as well as the
scope of activity, of a voivod shall be specified by statute.
Article 153
1.
A corps of civil servants shall operate in the organs of
government administration in order to ensure a professional,
diligent, impartial and politically neutral discharge of the
State's obligations.
2.
The Prime Minister shall be the superior of such corps of
civil servants.
Article 154
1.
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 14 days of
the first sitting of the 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.
2.
The Prime Minister shall, within 14 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 Sejm,
together with a motion requiring a vote of confidence. The 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.
3.
In the event that a Council of Ministers has not been
appointed pursuant to para.1 above or has failed to obtain a vote
of confidence in accordance with para. 2 above, the Sejm, within 14
days of the end of the time periods specified in paras 1 and 2,
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 155
1.
In the event that a Council of Ministers has not been
appointed pursuant to the provisions of Article 154, para. 3, the
President of the Republic shall, within a period of 14 days,
appoint a Prime Minister and, on his application, other members of
the Council of Ministers. The Sejm, within 14 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.
2.
In the event that a vote of confidence has not been granted
to the Council of Ministers pursuant to para. 1, the President of
the Republic shall shorten the term of office of the Sejm and order
elections to be held.
Article 156
1.
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.
2.
On the motion of the President of the Republic or at least
115 Deputies, resolution to bring a member of the Council of
Ministers to account before the Tribunal of State shall be passed
by the Sejm by a majority of three-fifths of the statutory number
of Deputies.
Article 157
1.
The members of the Council of Ministers shall be
collectively responsible to the Sejm for the activities of the
Council of Ministers.
2.
The members of the Council of Ministers shall be
individually responsible to the Sejm for those matters falling
within their competence or assigned to them by the Prime
Minister.
Article 158
1.
The Sejm shall pass a vote of no confidence in the Council
of Ministers by a majority of votes of the statutory number of
Deputies, on a motion moved by at least 46 Deputies and which shall
specify the name of a candidate for Prime Minister. If such a
resolution has been passed by the 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 Sejm, and, on his
application, the other members of the Council of Ministers and
accept their oath of office.
2.
A motion to pass a resolution referred to in para. 1 above,
may be put to a vote no sooner than 7 days after it has been
submitted. A subsequent motion of a like kind may be submitted no
sooner than after the end of 3 months from the day the previous
motion was submitted. A subsequent motion may be submitted before
the end of 3 months if such motion is submitted by at least 115
Deputies.
Article 159
1.
The 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 69 Deputies. The provisions of Article 158,
para. 2 shall apply as appropriate.
2.
The President of the Republic shall recall a minister in
whom a vote of no confidence has been passed by the Sejm by a
majority of votes of the statutory number of Deputies.
Article 160
The Prime Minister may submit to the 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 161
The President of the Republic shall, on the application of the
Prime Minister, effect changes in the composition of the Council of
Ministers.
Article 162
1.
The Prime Minister shall submit the resignation of the
Council of Ministers at the first sitting of a newly elected
Sejm.
2.
The Prime Minister shall also submit the resignation of the
Council of Ministers in the following instances:
1) when a vote of confidence in the Council of Ministers has not
been passed by the Sejm;
2) when a vote of no confidence has been passed against the Council
of Ministers;
3) when the Prime Minister himself has resigned from office.
4) 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.
5) The President of the Republic may, in the case referred to in
para. 2, subpara. 3 above, refuse to accept the resignation of the
Council of Ministers.
Chapter VII LOCAL GOVERNMENT
Article 163
Local government shall perform public tasks not reserved by the
Constitution or statutes to the organs of other public
authorities.
Article 164
1.
The commune (gmina) shall be the basic unit of local
government.
2.
Other units of regional and/or local government shall be
specified by statute.
3.
The commune shall perform all tasks of local government not
reserved to other units of local government.
Article 165
1.
Units of local government shall possess legal personality.
They shall have rights of ownership and other property
rights.
2.
The self-governing nature of units of local government shall
be protected by the courts.
Article 166
1.
Public duties aimed at satisfying the needs of a self-
governing community shall be performed by units of local government
as their direct responsibility.
2.
If the fundamental needs of the State shall so require, a
statute may instruct units of local government to perform other
public duties. The mode of transfer and manner of performance of
the duties so allocated shall be specified by statute.
3.
The administrative courts shall settle jurisdictional
disputes between units of local government and units of government
administration.
Article 167
1.
Units of local government shall be assured public funds
adequate for the performance of the duties assigned to them.
2.
The revenues of units of local government shall consist of
their own revenues as well as general subsidies and specific grants
from the State Budget.
3.
The sources of revenues for units of local government shall
be specified by statute.
4.
Alterations to the scope of duties and authorities of units
of local government shall be made in conjunction with appropriate
alterations to their share of public revenues.
Article 168
To the extent established by statute, units of local government
shall have the right to set the level of local taxes and
charges.
Article 169
1.
Units of local government shall perform their duties through
constitutive and executive organs.
2.
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.
3.
The principles and procedures for the election and dismissal
of executive organs of units of local government shall be specified
by statute.
4.
The internal organizational structure of units of local
government shall be specified, within statutory limits, by their
constitutive organs.
Article 170
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 government established by direct
election. The principles of and procedures for conducting a local
referendum shall be specified by statute.
Article 171
1.
The legality of actions by a local government shall be
subject to review.
2.
The organs exercising review over the activity of units of
local government shall be: the Prime Minister and voivods and
regarding financial matters - regional audit chambers.
3.
On a motion of the Prime Minister, the Sejm may dissolve a
constitutive organ of local government if it has flagrantly
violated the Constitution or a statute.
Article 172
1.
Units of local government shall have the right to
associate.
2.
A unit of local 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.
3.
The principles governing the exercise of the rights referred
to in paras. 1 and 2 above by units of local government shall be
specified by statute.
Chapter VIII COURTS AND TRIBUNALS
Article 173
The courts and tribunals shall constitute a separate power and
shall be independent of other branches of power.
Article 174
The courts and tribunals shall pronounce judgments in the name of
the Republic of Poland.
COURTS
Article 175
1.
The administration of justice in the Republic of Poland
shall be implemented by the Supreme Court, the common courts,
administrative courts and military courts.
2.
Extraordinary courts or summary procedures may be
established only during a time of war.
Article 176
1.
Court proceedings shall have at least two stages.
2.
The organizational structure and jurisdiction as well as
procedure of the courts shall be specified by statute.
Article 177
The common courts shall implement the administration of justice
concerning all matters save for those statutorily reserved to other
courts.
Article 178
1.
Judges, within the exercise of their office, shall be
independent and subject only to the Constitution and
statutes.
2.
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.
3.
A judge shall not belong to a political party, a trade union
or perform public activities incompatible with the principles of
independence of the courts and judges.
Article 179
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 180
1.
Judges shall not be removable.
2.
Recall of a judge from office, suspension from office,
transfer 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.
3.
A judge may be retired as a result of illness or infirmity
which prevents him discharging the duties of his office. The
procedure for doing so, as well as for appealing against such
decision, shall be specified by statute.
4.
A statute shall establish an age limit beyond which a judge
shall proceed to retirement.
5.
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 181
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 182
A statute shall specify the scope of participation by the citizenry
in the administration of justice.
Article 183
1.
The Supreme Court shall exercise supervision over common and
military courts regarding judgments.
2.
The Supreme Court shall also perform other activities
specified in the Constitution and statutes.
3.
The First President of the Supreme Court shall be appointed
by the President of the Republic for a 6-year term of office from
amongst candidates proposed by the General Assembly of the Judges
of the Supreme Court.
Article 184
The Supreme 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 government and normative acts of territorial organs
of government administration.
Article 185
The President of the Supreme Administrative Court shall be
appointed by the President of the Republic for a 6-year term of
office from amongst candidates proposed by the General Assembly of
the Judges of the Supreme Administrative Court.
Article 186
1.
The National Council of the Judiciary shall safeguard the
independence of courts and judges.
2.
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 187
1.
The National Council of the Judiciary shall be composed as
follows:
1) the First President of the Supreme Court, the Minister of
Justice, the President of the Supreme Administrative Court and an
individual appointed by the President of the Republic;
2) 15 judges chosen from amongst the judges of the Supreme Court,
common courts, administrative courts and military courts;
3) 4 members chosen by the Sejm from amongst its Deputies and 2
members chosen by the Senate from amongst its Senators.
2.
The National Council of the Judiciary shall choose, from
amongst its members, a chairperson and two deputy
chairpersons.
3.
The term of office of those chosen as members of the
National Council of the Judiciary shall be 4 years.
4.
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.
THE CONSTITUTIONAL TRIBUNAL
Article 188
The Constitutional Tribunal shall adjudicate regarding the
following matters:
1.
the conformity of statutes and international agreements to
the Constitution;
2.
the conformity of a statute to ratified international
agreements whose ratification required prior consent granted by
statute;
3.
the conformity of legal provisions issued by central State
organs to the Constitution, ratified international agreements and
statutes;
4.
the conformity to the Constitution of the purposes or
activities of political parties;
5.
complaints concerning constitutional infringements, as
specified in Article 79, para. 1.
Article 189
The Constitutional Tribunal shall settle disputes over authority
between central constitutional organs of the State.
Article 190
1.
Judgments of the Constitutional Tribunal shall be of
universally binding application and shall be final.
2.
Judgments of the Constitutional Tribunal regarding matters
specified in Article 188, 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.
3.
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 18 months in
relation to a statute or 12 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.
4.
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
reopening proceedings, or for quashing the decision or other
settlement in a manner and on principles specified in provisions
applicable to the given proceedings.
5.
Judgments of the Constitutional Tribunal shall be made by a
majority of votes.
Article 191
1.
The following may make application to the Constitutional
Tribunal regarding matters specified in Article 188:
1) the President of the Republic, the Marshal of the Sejm, the
Marshal of the Senate, the Prime Minister, 50 Deputies, 30
Senators, the First President of the Supreme Court, the President
of the Supreme Administrative Court, the Public Prosecutor-General,
the President of the Supreme Chamber of Control and the
Commissioner for Citizens' Rights,
2) the National Council of the Judiciary, to the extent specified
in Article 186, para. 2;
3) the constitutive organs of units of local government;
4) the national organs of trade unions as well as the national
authorities of employers' organizations and occupational
organizations;
5) churches and religious organizations;
6) the subjects referred to in Article 79 to the extent specified
therein.
2.
The subjects referred to in para. 1 subparas. 3-5, above,
may make such application if the normative act relates to matters
relevant to the scope of their activity.
Article 192
The following persons may make application to the Constitutional
Tribunal in respect of matters specified in Article 189: the
President of the Republic, the Marshal of the Sejm, the Marshal of
the Senate, the Prime Minister, the First President of the Supreme
Court, the President of the Supreme Administrative Court and the
President of the Supreme Chamber of Control.
Article 193
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 194
1.
The Constitutional Tribunal shall be composed of 15 judges
chosen individually by the Sejm for a term of office of 9 years
from amongst persons distinguished by their knowledge of the law.
No person may be chosen for more than one term of office.
2.
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 195
1.
Judges of the Constitutional Tribunal, in the exercise of
their office, shall be independent and subject only to the
Constitution.
2.
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.
3.
Judges of the Constitutional Tribunal, during their term of
office, shall not belong to a political party, a trade union or
perform public activities incompatible with the principles of the
independence of the courts and judges.
Article 196
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 197
The organization of the Constitutional Tribunal, as well as the
mode of proceedings before it, shall be specified by statute.
THE TRIBUNAL OF STATE
Article 198
1.
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.
2.
Deputies and Senators shall also be constitutionally
accountable to the Tribunal of State to extent specified in Article
107.
3.
The types of punishment which the Tribunal of State may
impose shall be specified by statute.
Article 199
1.
The Tribunal of State shall be composed of a chairperson,
two deputy chairpersons and 16 members chosen by the Sejm for the
current term of office of the 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.
2.
The First President of the Supreme Court shall be
chairperson of the Tribunal of State.
3.
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 200
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 201
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
THE SUPREME CHAMBER OF CONTROL
Article 202
1.
The Supreme Chamber of Control shall be the chief organ of
state audit.
2.
The Supreme Chamber of Control shall be subordinate to the
Sejm.
3.
The Supreme Chamber of Control shall act in accordance with
the principles of collegiality.
Article 203
1.
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.
2.
The Supreme Chamber of Control may audit the activity of the
organs of local government, communal legal persons and other
communal organizational units regarding the legality, economic
prudence and diligence.
3.
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 204
1.
The Supreme Chamber of Control shall present to the
Sejm:
1) an analysis of the implementation of the State Budget and the
purposes of monetary policy;
2) an opinion concerning the vote to accept the accounts for the
preceding fiscal year presented by the Council of Ministers;
3) information on the results of audits, conclusions and
submissions specified by statute.
2.
The Supreme Chamber of Control shall present an annual
report on its activities to the Sejm.
Article 205
1.
The President of the Supreme Chamber of Control shall be
appointed by the Sejm, with the consent of the Senate, for a period
of 6 years, which may be extended for one more period only.
2.
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.
3.
The President of the Supreme Chamber of Control shall not
belong to a political party, a trade union or perform public
activities incompatible with the dignity of his office.
Article 206
The President of the Supreme Chamber of Control shall not be held
criminally responsible nor deprived of liberty without prior
consent granted by the 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 Sejm shall be notified forthwith of
such detention and may order an immediate release of the person
detained.
Article 207
The organization and mode of work of the Supreme Chamber of Control
shall be specified by statute.
THE COMMISSIONER FOR CITIZENS' RIGHTS
Article 208
1.
The Commissioner for Citizens' Rights shall safeguard the
freedoms and rights of persons and citizens specified in the
Constitution and other normative acts.
2.
The scope and mode of work of the Commissioner for Citizens'
Rights shall be specified by statute.
Article 209
1.
The Commissioner for Citizens' Rights shall be appointed by
the Sejm, with the consent of the Senate, for a period of 5
years.
2.
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.
3.
The Commissioner for Citizens' Rights shall not belong to a
political party, a trade union or perform other public activities
incompatible with the dignity of his office.
Article 210
The Commissioner for Citizens' Rights shall be independent in his
activities, independent of other State organs and shall be
accountable only to the Sejm in accordance with principles
specified by statute.
Article 211
The Commissioner for Citizens' Rights shall not be held criminally
responsible nor deprived of liberty without prior consent granted
by the 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 Sejm shall be notified forthwith of
any such detention and may order an immediate release of the person
detained.
Article 212
The Commissioner for Citizens' Rights shall annually inform the
Sejm and the Senate about his activities and report on the degree
of respect accorded to the freedoms and rights of persons and
citizens.
THE NATIONAL COUNCIL OF RADIO BROADCASTING AND TELEVISION
Article 213
1.
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.
2.
The National Council of Radio Broadcasting and Television
shall issue regulations and, in individual cases, adopt
resolutions.
Article 214
1.
The members of the National Council of Radio Broadcasting
and Television shall be appointed by the Sejm, the Senate and the
President of the Republic.
2.
A member of the National Council of Radio Broadcasting and
Television shall not belong to a political party, a trade union or
perform public activities incompatible with the dignity of his
function.
Article 215
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 216
1.
Financial resources devoted to public purposes shall be
collected and disposed of in the manner specified by statute.
2.
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.
3.
Any monopoly shall be established by means of statute.
4.
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.
5.
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 217
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 218
The organization of the State Treasury and the manner of management
of the assets of the State Treasury shall be specified by statute.
Article 219
1.
The Sejm shall adopt the State budget for a fiscal year by
means of a Budget [ustawa bud.etowa - budgetary statute].
2.
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.
3.
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.
4.
4. 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 220
1.
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 Sejm of a budget deficit exceeding the level
provided in the draft Budget.
2.
The Budget shall not provide for covering a budget deficit
by way of contracting credit obligations to the State's central
bank.
Article 221
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 222
The Council of Ministers shall submit to the Sejm a draft Budget
for the next year no later than 3 months before the commencement of
the fiscal year. In exceptional instances, the draft may be
submitted later.
Article 223
The Senate may, within the 20 days following receipt of the Budget,
adopt amendments thereto.
Article 224
1.
The President of the Republic shall sign the Budget or
interim Budget submitted to him by the Marshal of the Sejm within 7
days of receipt thereof, and order its promulgation in the Journal
of Laws of the Republic of Poland (Dziennik Ustaw). The provisions
of Article 122, para. 5 shall not apply to the Budget or any
interim budget.
2.
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 2 months from the day of submission of such reference to
the Tribunal.
Article 225
If, after 4 months from the day of submission of a draft Budget to
the 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 14 days, order the shortening of the Sejm's
term of office.
Article 226
1.
The Council of Ministers, within the 5-month period
following the end of the fiscal year, shall present to the Sejm a
report on the implementation of the Budget together with
information on the condition of the State debt.
2.
Within 90 days following receipt of the report, the 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 227
1.
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.
2.
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.
3.
The Sejm, on request of the President of the Republic, shall
appoint the President of the National Bank of Poland for a period
of 6 years.
4.
The President of the National Bank of Poland shall not
belong to a political party, a trade union or perform public
activities incompatible with the dignity of his office.
5.
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 Sejm and the Senate for a period of 6
years.
6.
The Council for Monetary Policy shall annually formulate the
aims of monetary policy and present them to the Sejm at the same
time as the submission of the Council of Ministers' draft Budget.
Within 5 months following the end of the fiscal year, the Council
for Monetary Policy shall submit to the Sejm a report on the
achievement of the purposes of monetary policy.
7.
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 228
1.
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.
2.
Extraordinary measures may be introduced only by regulation,
issued upon the basis of statute, and which shall additionally
require to be publicized.
3.
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.
4.
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.
5.
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.
6.
During a period of introduction of extraordinary measures,
the following shall not be subject to change: the Constitution, the
Acts on Elections to the Sejm, the Senate and organs of local
government, the Act on Elections to the Presidency, as well as
statutes on extraordinary measures.
7.
During a period of introduction of extraordinary measures,
as well as within the period of 90 days following its termination,
the term of office of the Sejm may not be shortened, nor may a
nationwide referendum, nor elections to the Sejm, Senate, organs of
local 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 government shall be possible only in
those places where the extraordinary measures have not been
introduced.
Article 229
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 230
1.
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 90 days, a state of
emergency in a part of or upon the whole territory of the
State.
2.
Extension of a state of emergency may be made once only for
a period no longer than 60 days and with the consent of the
Sejm.
Article 231
The President of the Republic shall submit the regulation on the
introduction of martial law or a state of emergency to the Sejm
within 48 hours of signing such regulation. The Sejm shall
immediately consider the regulation of the President. The 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 232
In order to prevent or remove the consequences of a natural
catastrophe or a technological accident exhibiting characteristics
of a natural disaster, the Council of Ministers may introduce, for
a definite period no longer than 30 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 Sejm.
Article 233
1.
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 Article 30 (the dignity of the person), Article 34 and
Article 36 (citizenship), Article 38 (protection of life), Article
39, Article 40 and Article 41, para.4 (humane treatment), Article
42 (ascription of criminal responsibility), Article 45 (access to a
court), Article 47 (personal rights), Article 53 (conscience and
religion), Article 63 (petitions), as well as Article 48 and
Article 72 (family and children).
2.
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.
3.
The statute specifying the scope of limitations of the
freedoms and rights of persons and citizens during states of
natural disasters may limit the freedoms and rights specified in
Article 22 (freedom of economic activity), Article 41, paras. 1, 3
and 5 (personal freedom), Article 50 (inviolability of the home),
Article 52, para. 1 (freedom of movement and sojourn on the
territory of the Republic of Poland), Article 59, para. 3 (the
right to strike), Article 64 (the right of ownership), Article 65,
para. 1 (freedom to work), Article 66, para. 1 (the right to safe
and hygienic conditions of work) as well as Article 66, para. 2
(the right to rest).
Article 234
1.
Whenever, during a period of martial law, the 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 228, paras. 3-5, issue regulations
having the force of statute. Such regulations must be approved by
the Sejm at its next sitting.
2.
The regulations, referred to in para.1 above shall have the
character of universally binding law.
Chapter XII AMENDING THE CONSTITUTION
Article 235
1.
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.
2.
Amendments to the Constitution shall be made by means of a
statute adopted by the Sejm and, thereafter, adopted in the same
wording by the Senate within a period of 60 days.
3.
The first reading of a bill to amend the Constitution may
take place no sooner than 30 days after the submission of the bill
to the Sejm.
4.
A bill to amend the Constitution shall be adopted by the
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.
5.
The adoption by the Sejm of a bill amending the provisions
of Chapters I, II or XII of the Constitution shall take place no
sooner than 60 days after the first reading of the bill.
6.
If a bill to amend the Constitution relates to the
provisions of Chapters I, II or XII, the subjects specified in
para. 1 above may require, within 45 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
Sejm, who shall order the holding of a referendum within 60 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.
7.
After conclusion of the procedures specified in paras 4 and
6 above, the Marshal of the Sejm shall submit the adopted statute
to the President of the Republic for signature. The President of
the Republic shall sign the statute within 21 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 236
1.
Within a period of 2 years from the day on which the
Constitution comes into force, the Council of Ministers shall
present to the Sejm such bills as are necessary for the
implementation of the Constitution.
2.
Statutes bringing Article 176 para. 1 into effect, to the
extent relevant to proceedings before administrative courts, shall
be adopted before the end of 5 years from the day on which the
Constitution comes into force. The provisions relating to
extraordinary review of judgments by the Supreme Administrative
Court shall remain in effect until the entry into force of such
statutes.
Article 237
1.
Within the 4-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.
2.
Appeals from a judgment of a Board shall be considered by a
court.
Article 238
1.
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.
2.
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.
3.
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 239
1.
Within 2 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 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.
2.
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.
3.
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 240
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 241
1.
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 the
Journal of Laws of the Republic of Poland (Dziennik Ustaw), shall
be considered as agreements ratified with prior consent granted by
statute, and shall be subject to the provisions of Article 91 of
the Constitution if their connection with the categories of matters
mentioned in Article 89, para. 1 of the Constitution derives from
the terms of an international agreement.
2.
The Council of Ministers shall, within 2 years of the coming
into force of the Constitution, present to the Sejm a list of
international agreements containing provisions not in conformity to
the Constitution.
3.
Senators, elected before the day on which the Constitution
comes into force, who have not attained 30 years of age, shall
maintain their seats until the end of the term of office for which
they were elected.
4.
Joint holding of the mandate of a Deputy or Senator with a
function or employment forbidden by Article 103, 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.
5.
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.
6.
Within 2 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 Article 87, para. 1 and Article 92 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 Sejm by the Council of Ministers. At the same time,
the Council of Ministers shall submit to the 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 93 of
the Constitution.
7.
Enactments of local law as well as provisions issued by
communes shall become enactments of local law within the meaning of
Article 87, para. 2 of the Constitution.
Article 242
The following are hereby repealed:
1.
the Constitutional Act of 17th October 1992, on the Mutual
Relations between the Legislative and Executive Institutions of the
Republic of Poland and on Local Self-government (Dziennik Ustaw of
1992 No. 84, item 426; of 1995 No. 38, item 184, No. 150, item 729
as well as of 1996 No. 106, item 488);
2.
the Constitutional Act of 23rd April 1992 on the Procedure
for Preparing and Enacting a Constitution for the Republic of
Poland (Dziennik Ustaw of 1992 No. 67, item 336; and of 1994 No.
61, item 251).
Article 243
The Constitution of the Republic of Poland shall come into force on
the expiry of the 3-month period following the day of its
promulgation.
