Poland

Abstract

The Polish Constitution is in force since 1997, replacing the Provisional Constitution of 1992 (Constitution of the Republic of Poland, 2/4/1997, hereafter Const). It declares that Poland is a democratic republic (Art 1, Art 2 Const). The Head of State is the President of the Republic, who is directly elected for a mandate of five years (Art 126, 127 Const). Among his broad powers is the right to legislative initiative, the possibility to veto laws and to challenge them in the Constitutional Court (Art 118, 122 Const). Parliament consists of two chambers: the Sejm with 460 representatives and the Senate with 100 members, who, in contrast to the representatives, are not elected based on proportional representation but rather following the principles of a majority system (Art 95–101 Const). The Sejm has the stronger powers, notably it exercises control over the Council of Ministers (Art 95 (2) Const). The Marshal of the Sejm is elected by the members of the Sejm and performs the functions of a President of Parliament (Art 110 Const). The Senate has a right to veto bills of the Sejm. However, an act submitted to the Senate is considered to be adopted if the Senate does not reject it within 30 days (Art 120, 121 Const). The Supreme Chamber of Control is the Sejm’s supreme organ for auditing the activity of the organs of the government administration, the National Bank of Poland, state legal persons and other state organisational units regarding the legality, economic prudence, efficacy and diligence of their actions (Art 202, 203 Const).