POLAND

Senat


Parliamentary Oversight
Contents:

Political system
 
Type of political regime:   parliamentary
The President is the supreme representative of the Republic and the guarantor of the continuity of state authority (Article 126 of the Constitution). He or she ensures observance of the Constitution, and safeguards the sovereignty and security of the state as well as the inviolability and integrity of its territory.
Head of the executive:    Prime Minister
The Council of Ministers is composed of its President, the Prime Minister, and other ministers (Article 147 of the Constitution). Vice-presidents or Deputy Prime Ministers may also be appointed within the Council of Ministers. The Council of Ministers conducts the internal affairs and foreign policy of the Republic and manages the Government administration.
Method for appointing the executive
The President is directly elected by universal suffrage (Article 127 of the Constitution). He or she nominates a Prime Minister who proposes the composition of a Council of Ministers (Article 154 of the Constitution). The President appoints, within 14 days of the first sitting of the House or acceptance of the resignation of the previous Council of Ministers, a Prime Minister together with other ministers and accepts their oaths of office. In the event that a Council has not been appointed by the President, the House chooses a Prime Minister as well as the other ministers as proposed by him within 14 days by an absolute majority of votes in the presence of at least half of all deputies. The President then has to appoint the Council of Ministers so chosen.

In the event that no Council of Ministers has been appointed according to the above procedure, the President appoints, within a period of 14 days, a Prime Minister and, on his application, the other ministers. The House, within 14 days following the appointment of the Council of Ministers by the President, holds, in the presence of at least half of all deputies, a vote of confidence thereto. If the vote of confidence has not been granted to the Council of Ministers, the President orders new elections to the House to be held.
Term of office of the executive and coincidence with the term of the legislature  
The President is elected for a five-year term of office and may be re-elected only for one more term. His or her term does not coincide with the terms of the House and the Senate, which are chosen each for a four-year term of office (Article 98 of the Constitution).
Incompatibility of the functions of member of the executive and member of Parliament:   No
The mandate of a senator may not be held jointly with the office of the president of the national bank, 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 chancelleries of the legislature or of the President, or with employment in Government administration (Article 103 of the Constitution). This prohibition does not apply to members of the Council of Ministers and secretaries of state in the Government administration.
Dissolution of Parliament:    Yes
  • Circumstances
There exists no direct procedure for the dissolution of the parliament, but there is a mechanism for shortening the parliament's term of office. The House may shorten its term of office for any reason (Article 98, paragraph 3 of the Constitution). The President may also order shortening of the House's term. In the event that the House does not grant a vote of confidence to a cabinet appointed by the President, its term of office is shortened (Article 155 of the Constitution). Or if a draft budget has not been adopted or presented to the President for signature, the latter may order the shortening of the House's term (Article 225 of the Constitution).
  • Modalities
The House may shorten its term by a resolution passed by a majority of at least two thirds of the votes of all deputies. The President may, after seeking the opinions of the Marshals of the House and of the Senate, order the House's term shortened. In the event that the House, within 14 days following the appointment of a Council of Ministers by the President, does not grant a vote of confidence thereto, its term of office is shortened. And if, after four months from the day of submission of a draft budget to the House, it has not been adopted or presented to the President for signature, the latter may, within 14 days, order the shortening of the House's term of office.

The President, when ordering the shortening of the House's term, simultaneously orders elections to the House and to the Senate, and orders them to be held within 45 days from the day of the official announcement of the presidential order on the shortening of the parliament's term. The President summons the first sitting of the newly elected House no later than 15 days from when the elections were held. Between 1990 and 2000, the legislature's term of office was shortened once in 1993.

 
Accountability of Government to Parliament^ TOP ^   
 
Accountability of Government to Parliament:   No
The House exercises control over the activities of the Council of Ministers (Article 95 of the Constitution).
Modalities of oversight
  • Oral and written questions of parliamentarians
Not applicable
  • Government reports to Parliament
Not applicable
Measures
  • Vote of confidence on Government programs and/or legislative proposals
Not applicable

 
Oversight over the actions of the Government administration^ TOP ^   
 
Oversight of actions of the Government administration by Parliament:   Yes
Administrative branches of Government primarily report to the House, and to a far lesser extent to the Senate.
Means and modalities of oversight
  • Hearings in Committees
On the request of a committee or committee chairman, representatives of the Council of Ministers, state and local Government bodies, institutions, works and enterprises, commercial law companies with state holdings or municipal corporate bodies and social organisations receiving subsidies from the State budget, are obliged to cooperate with the committee on issues being the subject of its activities, and in particular (i) to present information, clarifications, opinions in writing or using suitable media; (ii) to provide materials; and (iii) to actively participate in committee sittings. In addition, during the procedure involving the budget bill, committees may question authorised representatives of the respective Government departments.
  • Committees of inquiry and missions to Government departments
Not applicable
  • Oral and written questions of parliamentarians
The Marshal of the Senate, at the end of a sitting after the agenda has been exhausted, grants the floor to senators for the purpose of delivering senatorial statements. A statement can relate to issues connected with the exercise of a senator's mandate, but it cannot relate to issues that were included in the agenda of the current Senate sitting. A senatorial statement cannot last longer than five minutes. Every senator is entitled to file his undelivered statement in the minutes. Its text is also added to the stenographic record. Senators can also pose, from their seats, short questions of no longer than one minute concerning the bill or resolution under consideration, to Government members present at the sitting, in matters within the scope of the bodies or institutions they direct.

The Marshal of the Senate is entitled to reject a statement when its content cannot be established and when it is evident that it could not be delivered within the time available to each senator in the debate. No discussions are conducted on a senator's statement. Senators' statements, if they include specific motions and comments addressed to members of the Council of Ministers, representatives of state or local Government bodies and institutions, are immediately directed by the Marshal of the Senate to the indicated addressees with a request for them to take a position. Answers are granted to senators in writing within no longer than 30 days from the date of delivering a statement.
  • Role of Parliament in the appointment of senior Government officials
The Senate appoints two members of the national council of radio broadcasting and television, one third of the members of the council for monetary policy, and two members from among its senators to the National Council of the Judiciary. The Senate give its consent to the appointments by the House of the commissioner for citizens' rights and the president of the supreme chamber of control.
  • Activity reports of the Government administration and of public services or establishments
Not applicable
  • Representation of Parliament in governing bodies of the Government administration
Not applicable
Existence of an ombudsman:   Yes
  • Mode for appointing an ombudsman
The commissioner for citizens' rights is appointed by the House, with the consent of the Senate, for a period of five years (Article 208 of the Constitution). The right to nominate candidates for the office of commissioner belongs to the Marshal of the House or a group of 35 deputies. A vote in the House is taken by an absolute majority of at least half of all deputies. The passing of a Senate resolution granting consent to the appointment should be given within one month. Any failure to pass such resolution by the Senate is considered as its consent. If the Senate refuses to give its consent, however, any such resolution has a final nature, and the House must appoint another commissioner in a new procedure.
  • Relationship to Parliament
The commissioner for citizens' rights safeguards the freedoms and rights of persons and citizens specified in the Constitution and other normative acts. He or she is independent, acts independently of other state bodies and is accountable only to the House (Article 210 of the Constitution). He or she annually informs the House and the Senate about his or her activities and reports on the degree of respect accorded to the freedoms and rights of persons and citizens. The commissioner may not hold any other post, except for a professorship in an institute of higher education, nor perform any other professional activities, and may not belong to a political party, a trade union or perform other public activities incompatible with the dignity of the office.

 
Budgetary oversight^ TOP ^   
 
Consultation of Parliament in the preparation of the national budget:    No
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, belongs exclusively to the Council of Ministers (Article 221 of the Constitution).
Modalities of oversight
  • Examination of the budget / finance act by Parliament
The House adopts the State budget for a fiscal year by means of a statute (Article 219 of the Constitution). After adopting a bill on the third reading in the House, it is transferred to the Senate, which may adopt a budget bill without amendments or may introduce amendments to its text. The Senate must state its position within the 20 days following receipt of the budget. Rejection of the bill by the Senate is inadmissible (Article 223 of the Constitution).
  • Reports on the budget / finance act by Committees
The Marshal of the Senate refers the budget statute to the Senate committees. These committees, having considered the appropriate parts of the budget, pass on their opinions to the national economy committee, which on their basis prepares the draft for the Senate resolution, in which it either proposes to pass the statute without amendments or to enter amendments.
Fields overseen
  • Defence budget
Not applicable
  • Budget of special departments
Not applicable
  • Role of Parliament in national development plans
Not applicable
Parliament's deadline for the examination and adoption of the budget / finance act
The Council of Ministers must submit to the House a draft budget for the next year no later than three months before the commencement of the fiscal year. In exceptional instances, the draft may be submitted later.
Consequences of failure by Parliament to adopt the budget / finance act
If a state or interim budget has not come into force on the day of commencement of a fiscal year, the Council of Ministers manages state finances pursuant to the draft budget. If, after four months from the day of submission of a draft budget to the House, it has not been adopted or presented to the President for signature, the President may, after 14 days, order the shortening of the House's term of office.
Budgetary autonomy of Parliament:   Yes
The parliamentary budget is part of the state budget. The Marshal of the Senate sets the draft budget for the chancellery of the Senate after having sought the opinion of the Presidium of the Senate. The draft is sent to the minister of finance.

 
Oversight of the implementation of the budget and of Government spending^ TOP ^   
 
Evaluation of Government spending
  • Government reports to Parliament about public spending periodically:   No
Not applicable
  • Not applicable
Parliamentary oversight of public companies:   No
Not applicable
Modalities of oversight
  • Body for auditing the Government's books and method for appointing
The supreme chamber of control is subordinate to the House and is the chief state audit body (Article 202 of the Constitution). It audits Government administration bodies, the national bank, state legal persons and other state organizational units with regard to their legality, economic prudence, efficacy and diligence. The chamber of control may audit the activity of the organs of local Government, communal legal persons and other communal organizational units with regard to legality, economic prudence and diligence. It may also audit, regarding legality and economic prudence, the activity of other organizational units and economic subjects, to the extent to which they use state or communal property or resources or have financial obligations to the state.

The president of the chamber is appointed by the House, with the consent of the Senate, for a period of six years, which may be extended for one more period only. The president may not hold any other post, except for a professorship in an institute of higher education, nor perform any other professional activities, and may not belong to a political party, a trade union or perform public activities incompatible with the dignity of the office.
  • Reports of the public auditor's office
The supreme chamber of control presents to the House (i) an analysis of the implementation of the state budget and monetary policy aims; (ii) an opinion concerning the vote to accept the accounts for the preceding fiscal year presented by the Council of Ministers; and (iii) information on the results of audits, conclusions and submissions specified by statute (Article 204 of the Constitution). It presents an annual report on its activities to the House.

 
Oversight over foreign policy^ TOP ^   
 
Modalities of oversight
  • Bilateral visits of Parliament, inter-parliamentary conferences and information missions abroad
The parliament exercises oversight over foreign policy through bilateral visits and participation in inter-parliamentary conferences.
  • Plenary debates on foreign policy issues
The Senate exercises oversight over foreign policy by organising one or two plenary debates on foreign policy issues in every term.
Involvement of Parliament
  • Participation of Parliament in inter-governmental meetings
The parliament can take the initiative to send parliamentary delegations to intergovernmental meetings.
  • Other mechanisms for participation in foreign policy by Parliament
No other means in addition to the above.

 
Oversight over national defence policy^ TOP ^   
 
Modalities of oversight
  • Parliamentary oversight of public arms manufacturing companies
Not applicable
Circumstances and involvement
  • Modalities and procedures in case of war, an armed attack or a state of emergency
Not applicable
  • Role of Parliament in sending troops abroad
Not applicable
  • Other mechanisms for participation in national defence policy by Parliament
Not applicable

 
State of emergency^ TOP ^   
 
Circumstances
Not applicable
Can parliament take the initiative to declare a state of emergency:   No
 
Consequences of a state of emergency for Parliament
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 House may not be shortened, nor may a nationwide referendum, nor elections to the House, Senate, local government authorities nor elections for the Presidency be held, and the term of office of such bodies are appropriately prolonged. Elections to local Government bodies are possible only in those places where the extraordinary measures have not been introduced. 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 may not limit some basic freedoms and rights. Limitation of the freedoms and rights of persons and citizens simply on grounds of race, gender, language, faith or lack of it, social origin, ancestry or property are prohibited.

 
Verification of the constitutionality and the application of laws^ TOP ^   
 
Modalities of oversight
  • Body ruling on the constitutionality of laws:    A specialised body / constitutional Court
The Constitutional Tribunal adjudicates (i) the conformity of statutes and international agreements to the Constitution; (ii) the conformity of a statute to ratified international agreements whose ratification required prior consent granted by statute; (iii) the conformity of legal provisions issued by central State bodies to the Constitution, ratified international agreements and statutes; (iv) the conformity to the Constitution of the purposes or activities of political parties; and (v) complaints concerning constitutional infringements (Article 188 of the Constitution). The tribunal also settles disputes over authority between central state constitutional bodies.

The Constitutional Tribunal is composed of 15 Judges chosen individually by the House for a term of office of nine years from amongst persons distinguished by their knowledge of the law. No person may be chosen for more than one term of office. The President and Vice-President of the Constitutional Tribunal are appointed by the President of the Republic from amongst candidates proposed by the general Assembly of the Judges of the Constitutional Tribunal. In the exercise of their office, Judges are independent. During their term of office, they may not belong to a political party, a trade union or perform public activities incompatible with the principles of the independence of the courts and the judiciary.
  • Means and procedures
Judgments of the Constitutional Tribunal are of universally binding application, are final and are required to be immediately published in the official publication (Article 190 of the Constitution). If a normative act has not been promulgated, then the judgment is published in the official gazette. A judgment takes effect from the day of its publication unless otherwise specified. Such a 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 specifies the end date of the binding force of the normative act concerned, after seeking the opinion of the Council of Ministers.

A judgment of the tribunal on non-conformity to the Constitution, an international agreement or statute, a normative act forming the basis for a legally effective judgment of a court, a final administrative decision or settlement of other matters was issued, is 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. 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 that court. Judgments of the Constitutional Tribunal are made by a majority of votes.

The following may make application to the Constitutional Tribunal, (i) the President of the Republic, the Marshals of the legislature, 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; (ii) the National Council of the Judiciary; (iii) the constituent bodies of units of local Government; (iv) the national bodies of trade unions as well as the national authorities of employers' organisations and occupational organisations; (v) churches and religious organisations; and (vi) anyone whose constitutional freedoms or rights have been infringed.
Evaluation of laws:   No
Not applicable
Measures against legislative inflation
This competence belongs to the Marshal of the Senate.



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