Written by Yann-Sven Rittelmeyer and Rafał Mańko.
The Constitution of the Republic of Poland, in force since 1997, sets out a unitary, democratic state ruled by law and implementing the principles of social justice. The President of the Republic and the Council of Ministers (government) serve as the executive, while the Sejm (lower house) and the Senate (upper house) are vested with legislative power (Article 10). The Senate is considered a repository of democratic legitimacy on an equal footing with the Sejm, but the dominance of the Sejm in the legislative process is constitutionally guaranteed. The Sejm alone ultimately decides on the appointment of the government, on the wording of legislation, and on the acceptance or rejection of a presidential veto, among other things.
Members of the Sejm and Senate are elected for four years, on the same day, by universal, direct and secret ballot. Senators are chosen in single-member constituencies, while for Deputies a proportional open list system of multi-member constituencies applies, with a threshold of 5 % for political parties and 8 % for coalitions of parties. 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. This simultaneously shortens the term of office of the Senate. The directly elected President of the Republic can also end a legislative term if the Sejm is unable to pass a vote of confidence in the government or adopt a budget within the constitutional deadline.
The government, composed of a prime minister and ministers, is accountable to the Sejm. It needs a vote of confidence by an absolute majority of votes in the presence of at least half of the statutory number of Deputies to be appointed. Once in place, the Sejm can pass a constructive vote of no confidence in the government (Article 158) or in an individual minister (Article 159). The debates in both assemblies are presided over by the Marshal or one of the Vice-Marshals elected from among their members. The two Marshals represent their assemblies in external matters and safeguard their rights.
Both houses have equal powers to amend the Constitution, with the Senate having (alongside the President and one-fifth of the Deputies) the right to initiate constitutional amendments; its consent is required for an amendment to be adopted. A majority of two-thirds in the Sejm and an absolute majority in the Senate are required to amend the Constitution.
When sitting in joint session, the Sejm and the Senate constitute the National Assembly. It has the power to declare that the President has a ‘permanent incapacity’ to exercise his/her duties and to indict him/her for infringing the Constitution or a statute, or for committing an offence.
Read the complete briefing on ‘The Polish Parliament and EU affairs‘ in the Think Tank pages of the European Parliament.
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