| Bogdan Borusewicz ( M) |
| Ewa Polkowska ( F) |
ul. Wiejska 6/8 - 00 902 WARSZAWA
Tel.: (48 22) 694 24 10
Fax: (48 22) 694 22 24
E-mail: senat@nw.senat.gov.pl
| http://www.senat.gov.pl |
1955
Vacancies arising between general elections are filled through by-elections (except in the last six months of the legislature's term).
Voting is not compulsory.
- Polish citizenship
- disqualifications: mental deficiency, deprivation of civil or electoral rights by court ruling
- age: 30 years
- Polish citizenship
- permanent residence in the country for not less than five years
- members of the Council for Monetary Policy, of the National Council of Radio Broadcasting and Television
- ambassadors
- employment in the chancelleries of the Diet, Senate or President of the Republic
- employment in government administration (except members of the Council of Ministers and Secretaries of State)
- judges, public prosecutors
- civil servants
- soldiers on active duty, police or State protection forces
- right to nominate candidates is vested in the electors and political parties which may set up national or local electoral committees for this purpose
- support by at least 3,000 electors residing in the constituency concerned
Also available:
Archive of past election results for this chamber
In the previous elections held in September 2005 in parallel with presidential elections, the conservative Law and Justice (PiS) party, led by Mr. Jaroslaw Kaczynski, won 155 of the 460 seats in the Sejm (lower house), while the Civic Platform (PO) led by a well-known free market advocate, Mr. Donald Tusk, took 133. The latter's presidential election rival and the PiS leader's twin brother, Mr. Lech Kaczynski, was elected as the country's new President.
The PiS and the PO, which won 49 and 34 seats respectively in the 100-member Senate, were unable to agree on the formation of a coalition government. Consequently, prime minister-elect, Mr. Kazimierz Marcinkiewicz (PiS), formed a one-party minority government on 31 October 2005. His government won a vote of confidence in the Sejm on 10 November, with the support of the PiS, the Self-Defence Party (which won 56 seats in the Sejm, and three in the Senate), the League of Polish Families (LPR, 34 and seven seats respectively), the Polish Peasant Party (PSL, 25 and two seats), as well as some independent parliamentarians.
However, Prime Minister Marcinkiewicz, known for his moderate economic and foreign policy, was reportedly in conflict with the country's President, Mr. Kaczynski. In July 2006, Mr. Marcinkiewicz resigned as Prime Minister, and was succeeded by the President's twin brother, Jaroslaw Kaczynski (PiS). The latter then formed a coalition with the Self-Defence Party, led by Mr. Andrzej Lepper and the LPR of Mr. Roman Giertych. The new government experienced tensions with the Russian Federation and the European Union, partly due to its resistance to the privatization of certain State-owned companies.
Mr. Kaczynski's government underwent a series of crises before it officially collapsed in August 2007. The Self-Defence Party leader and Agriculture Minister Mr. Lepper, was dismissed in July following corruption allegations, while Interior Minister Janusz Kaczmarek of the PiS was dismissed in August. Both coalition partners withdrew their ministers from the government. Mr. Kaczmarek was arrested in late August, accused of leaking classified information on the investigation into corruption charges brought against Mr. Lepper. Opposition parties accused the Prime Minister of trying to silence his opponents prior to snap elections.
On 7 September, the Sejm voted to dissolve itself, paving the way for early elections - the eighth since the fall of communism in 1989.
In all, 6,187 candidates, including 1,428 women, ran for the Sejm, while 385 candidates, including 46 women, vied for seats in the Senate.
The 2007 elections again saw a duel between the PiS, led by Mr. Jaroslaw Kaczynski, and the PO of Mr. Tusk. The PiS promised to continue its policies, focusing on the domestic economy and promising tax cuts. It appealed to voters to support it in the interest of steady economic growth. The PO pledged to introduce a flat income tax of 15 per cent and to continue the privatization of State companies that stagnated under the PiS-led government. It promised to forge better ties with neighbouring countries, and pledged to introduce the European single currency - the Euro - as soon as possible, to further economic development. Mr. Tusk also promised to work towards the withdrawal of Polish troops from Iraq.
The Left Democratic Alliance (SLD), which had won 55 seats in the Sejm in the 2005 elections, formed an election coalition - LiD - with the Social Democracy of Poland (SDPL), the Democratic Party (PD), and the Labour Union (UP) in September 2006. The coalition was led by former president Mr. Aleksander Kwasniewski. He criticized the PiS-led government, arguing that the country could not afford a radical reduction of taxation.
A total of 53.88 per cent of the country's 30 million registered voters turned out at the polls, representing the highest turnout in the post-communist era. Due to the higher than expected turnout, some polling stations ran out of ballot papers, and others stayed open longer than scheduled, thus delaying the release of the first exit polls by nearly three hours.
The Organization for Security and Co-operation in Europe (OSCE) observed the polls. Although it declared the elections to be pluralistic and democratic, it noted "sporadic partial interventions by State organs" in the election campaign.
The final results gave the PO 209 seats in the Sejm and 60 seats in the Senate. The PiS took 166 and 39 seats respectively. The LiD and the Polish Peasant Party (PSL) took 53 and 31 seats in the Sejm, while the remaining one seat went to the German minority. One independent candidate was elected to the Senate. Outgoing Prime Minister, Mr. Jaroslaw Kaczynski, conceded defeat.
The newly elected parliament held its first session on 5 November. The Sejm elected Mr. Bronislaw Komorowski (PO) as its new Speaker, while Mr. Bogdan Borusewicz (independent) was re-elected as the Senate President.
On 9 November, President Kaczynski designated Mr. Tusk as Prime Minister. His new cabinet was officially sworn in on 16 November. It won a vote of confidence in the Sejm on 23 November.
| Round no 1 (21 October 2007): Election results | ||||
| Number of registered electors | 30'615'471 | |||
| Voters | 16'494'503 (53.88%) | |||
| Blank or invalid ballot papers | 303'699 | |||
| Valid votes | 16'190'804 | |||
| Round no 1: Distribution of votes | ||||||||||||||||||||||||
| Political Group | Candidates | Votes | % of votes | |||||||||||||||||||||
| Civic Platform (PO) | 85 | |||||||||||||||||||||||
| Law and Justice (PiS) | 87 | |||||||||||||||||||||||
| Independents | 1 | |||||||||||||||||||||||
| Round no 1: Distribution of seats | ||||||||||||||||||||||||||||||
| Political Group | Total of seats | |||||||||||||||||||||||||||||
| Civic Platform (PO) | 60 | |||||||||||||||||||||||||||||
| Law and Justice (PiS) | 39 | |||||||||||||||||||||||||||||
| Independents | 1 | |||||||||||||||||||||||||||||
- http://www.wybory2007.pkw.gov.pl/SNT/EN/WYN/W/index.htm
- Polish Inter-Parliamentary Group (25.10.2007)
- Senate (21.02.2008)
| 31 to 40 years | 14 |
| 41 to 50 years | 24 |
| 51 to 60 years | 44 |
| 61 to 70 years | 16 |
| Over 70 years | 2 |
| Civil/public servants/administrators (including social/development workers) | 25 | |
| Educators | 22 | |
| Clerical occupations | 11 | |
| Business/trade/industry employees, including executives | 11 | |
| Farmers/agricultural workers (including wine growers) | 8 | |
| Medical professions (doctors, dentists, nurses) | 7 | |
| Legal professions | 5 | |
| Media-related professions (journalists/publishers) | 5 | |
| Scientists and researchers | 2 | |
| Engineers/PC experts | 2 | |
| Bankers (including invest bankers)/accountants | 1 | |
| Liberal professions (including artists, authors) and sports professionals | 1 |
- reasons for interruption of the term: resignation, death, dismissal (by a motion of at least 34 Senators voting by secret ballot)
- election is held at the beginning of the first sitting of the newly elected Senate
- before Members' mandates are validated and after Members are sworn in
- formal notification of candidature may be submitted until the vote is held
- absolute majority of votes is required
- if there are more than one candidate and if no candidate obtains the required majority in the first round, several rounds are held. The candidate having received the smallest number of votes does not take part in subsequent rounds of voting.
- in the event of a tie, a drawing of lots decides which candidate will be excluded
- the Senate supervises the voting
- the most senior former Marshal announces the results without any delay
- the results cannot be challenged
- ranks after the Marshal of the Sejm
- presides over joint sittings of both Houses in the absence of the Marshal of the Sejm
- represents the Senate with the public authorities
- is ex officio member of the Committee of the Defence of the State
- in the absence of the Marshal, one of the three Vice-Marshals can assume his/her role and functions
- the daily order of business and meetings of the Presidium are set by the Marshal of the Senate
- the Presidium consists of 4 Members (the Marshal and three Vice-Marshals) and has a term of 4 years
- the Senior Council consists of the Marshall, the Vice-Marshals, Senators-representatives of the parliamentary clubs (at least 7 Senators)
- the Presidium convenes at least once a week at the initiative of the Marshal
- the Senior Council convenes at the initiative of the Marshal or of a motion of the Presidium and at least 1 parliamentary club having representatives in the Council
- the Presidium shares the presidency with the Marshal while the Senior Council is an advisory body
- Senator's parliamentary allowance
- apartment in the Sejm's hotel
- official car
- secretariat and support staff
- protection by the Government Security Bureau
- examines the admissibility of bills and amendments
- refers texts to a committee for study
The Senate:
- sets up the agenda
- ensures respect for provisions of the Constitution and Standing Orders
- may make announcements concerning the Senate but these are usually made by one of the Senator Secretaries
- takes disciplinary measures in the event of disturbance
- gives and withdraws permission to speak
- establishes the order in which amendments are taken up and selects which amendments are to be debated
- establishes the order in which amendments are taken up and selects which amendments are to be debated
- calls for a vote, decides how it is to be carried out, verifies the voting procedure and cancels a vote in the event of irregularities
- checks the quorum
- authenticates the adopted texts and the records of debates
- has discretionary power to give the floor outside the agenda and thus organizes impromptu debates
- the Head of the Chancellery recruits, assigns and promotes staff
- appoints the Clerk
- the Presidium organizes the services of the Senate
- plays a specific role in the conduct of foreign affairs or defence matters as a member of the Council of the Defence of State
- is responsible for relations with foreign Parliaments
- is responsible for safety, and in this capacity, can call the Marshal Guard in the event of disturbance in the Senate
- takes part in voting as any other Senator
- proposes amendments as any other Senator
- is consulted by the Head of State in the event that the latter wants to dissolve the Sejm
· Procedure (Art. 101 (2) of the Constitution, Art. 1 (1) of the Act on Elections to the Senate of the Republic of Poland in conjunction with Art. 124 to 130 of the Act on Elections to the Sejm of the Republic of Poland)
· Procedure (Art. 19 (1) (3.) and (2) of the Act on Elections to the Senate of the Republic of Poland): unilateral declaration of intent by the senator; the seat becomes vacant; the vacancy is pronounced by the Marshal of the Senate
· Authority competent to accept the resignation: the resignation need not be accepted
(b) Refusal to take the oath (Art. 108 in conjunction with Art. 104 (3) of the Constitution, Art. 2 (3) to (5) of the Act on the Exercise of the Mandate of a Deputy or Senator, Art. 18 (3) of the Rules and Regulations of the Senate, Art. 19 (1) (1.) of the Act on Elections to the Senate of the Republic of Poland)
(c) Forfeiture of eligibility (Art. 19 (1) (2.) of the Act on Elections to the Senate of the Republic of Poland)
(d) Death (Art. 19 (1) (4.) of the Act on Elections to the Senate of the Republic of Poland)
(e) Loss of mandate for incompatibilities (Art. 19 (1) (5.) and (3) of the Act on Elections to the Senate of the Republic of Poland; see also Art. 108 in conjunction with Art. 103 of the Constitution)
(f) Loss of mandate for untrue declaration of personal assets
(g) Invalidation of the election of a deputy (Art. 101 of the Constitution, Art. 1 (1) of the Act on Elections to the Senate of the Republic of Poland in conjunction with Art. 124 to 130 of the Act on Elections to the Sejm of the Republic of Poland; see Validation of mandates)
(h) General procedure for (b) to (e) (Art. 25 of the Rules and Regulations of the Senate, Art. 19 (2) of the Act on Elections to the Senate of the Republic of Poland)
1. The Marshal
2. The MPs belonging to parliamentary groups
3. The other MPs
· Outside Parliament: the official order of precedence ranks the Marshal of the Senate in the 3rd position.
· Basic salary (for those who exercise their mandate on a professional basis; Art. 25 to 27 and 32 of the Act on the Exercise of the Mandate of a Deputy or Senator): PLZ 5,132.8 per month (Additional percentage for certain functions)
+ Additional per diem allowance (for all senators; Art. 42 of the Act on the Exercise of the Mandate of a Deputy or Senator): 30 % of monthly salary per month
+ Additional salary at the end of the year (Art. 37 of the Act on the Exercise of the Mandate of a Deputy or Senator)
· Exemption from tax for the additional allowance. The basic salary is not exempt from tax.
· Pension scheme (Art. 28 (3), 38 and 40 of the Act on the Exercise of the Mandate of a Deputy or Senator)
· Other facilities (see also Art. 4 of the Act on the Exercise of the Mandate of a Deputy or Senator):
(a) Secretariat (Art. 18 (5), 23 (5), 44 and 46 of the Act on the Exercise of the Mandate of a Deputy or Senator, Art. 19 (4) and 70 to 73 of the Rules and Regulations of the Senate): Senate papers and official gazettes free of charge, secretariat services
(b) Assistants (Art. 46 of the Act on the Exercise of the Mandate of a Deputy or Senator)
(c) Postal and telephone services: correspondence free of charge
(d) Travel and transport (Art. 43 of the Act on the Exercise of the Mandate of a Deputy or Senator)
(e) Others
· Parliamentary non-accountability applies to words spoken and written by MPs both within and outside Parliament (activities performed within the scope of the mandate; for these, see Art. 6 (2) of the Act on the Exercise of the Mandate of a Deputy or Senator).
· Derogations: disciplinary accountability (see Discipline, especially offence or insult), waiver of immunity in cases of violation of personal rights of third parties (e.g. offence of slander)
· Non-accountability takes effect on the day when the mandate begins and offers, after the expiry of the mandate, protection against prosecution for opinions expressed during the exercise of the mandate.
· It applies to criminal proceedings, covers all offences with the exception of those leading to occupational responsibility and protects MPs from arrest and from being held in preventive custody, from the opening of judicial proceedings against them and from their homes being searched.
· Derogations: a senator may be detained or arrested in cases of flagrante delicto and in which his detention is necessary for securing the proper course of proceedings. Any such detention shall be immediately communicated to the Marshal of the Senate, who may order the immediate release of the senator.
· Parliamentary inviolability does not prevent MPs from being called as witnesses before a judge or tribunal. However, no power can be used to summon reluctant MPs before a court as a witness.
· Protection is provided from the start to the end of the mandate (Art. 12 (1) of the Act on the Exercise of the Mandate of a Deputy or Senator). It does not cover automatically judicial proceedings instituted against MPs before their election but these shall be suspended at the request of the Senate until the time of expiry of the mandate, unless the senator concerned has lifted his own immunity. In such an instance, the statute of limitation with respect to criminal proceedings shall be extended for the equivalent time (Art. 108 in conjunction with Art. 105 (3) and (4) of the Constitution).
· Parliamentary immunity (inviolability) can be lifted (Art. 108 in conjunction with Art. 105 (2), (4), and (5) of the Constitution):
- Competent authority: the Senate or the senator concerned
- Procedure (Art. 10 (2) to (5) of the Act on the Exercise of the Mandate of a Deputy or Senator, Art. 24 of the Rules and Regulations of the Senate). In this case, MPs must be heard. They do not have means of appeal.
· Parliament cannot subject the prosecution and/or detention to certain conditions.
· Parliament can suspend the prosecution and/or detention of one of its members:
- Competent authority: the Senate
- Procedure
· In the event of preventive custody or imprisonment, the MPs concerned cannot be authorised to attend sittings of Parliament.
· It is provided by the Chancellery.
· There is no handbook of parliamentary procedure.
· Penalties foreseen in case of failure to fulfil this obligation (Art. 21 (3) to (6), 22, and 23 of the Rules and Regulations of the Senate): deduction from the additional per diem allowance; reprimand
· Body competent to judge such cases/to apply the penalties:
- Deduction from the additional per diem allowance: the Presidium, after consultation with the Committee on Rules and Senators' Affairs
- Reprimand: the Committee on Rules and Senators' Affairs; the Presidium (appeal)
· Disciplinary measures foreseen:
- Warning for irrelevance (Art. 38 (7) of the Rules and Regulations of the Senate)
- Order to discontinue the speech (Art. 38 (7) of the Rules and Regulations of the Senate)
- Call to order (Art. 41 (2) of the Rules and Regulations of the Senate)
- Call to order recorded in the minutes (Art. 41 (3) of the Rules and Regulations of the Senate)
- Order to leave the sitting (Art. 41 (4) and (7) of the Rules and Regulations of the Senate)
- Recess in the debate (Art. 41 (5) of the Rules and Regulations of the Senate)
- Deletion from the minutes (Art. 35 and 40 (4) of the Rules and Regulations of the Senate)
· Specific cases:
- Offence or insult (Art. 35 of the Rules and Regulations of the Senate)
· Competent body to judge such cases/to apply penalties (Art. 8 (1) (8.) and 41 (1) of the Rules and Regulations of the Senate): the Marshal; the Presidium after consultation with the Committee on Rules and Senators' Affairs (appeal)
· Procedure (Art. 35, 38 (7), 40 (4), and 41 of the Rules and Regulations of the Senate)
· Penalties foreseen for violation of the rules of conduct: reprimand
· Competent body to judge such cases/to impose penalties: the Committee on Rules and Senators' Affairs; the Presidium (appeal)
· Procedure (Art. 23 of the Rules and Regulations of the Senate). In this case, MPs have means of recourse.
Also available:
Archive of past election results for this chamber
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