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POLAND
Senat (Senate)

This page contains the full text of the PARLINE database entry on the selected parliamentary chamber, with the exception of Oversight and Specialized bodies modules which, because of their excessive length, can be only viewed and printed separately.

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GENERAL INFORMATION ABOUT THE PARLIAMENTARY CHAMBER

Parliament name -
More photos  >>>
Structure of parliament Bicameral
Chamber name (generic / translated) Senat / Senate
Related chamber (for bicameral parliaments) Sejm
Affiliation to the IPU Yes
Affiliation date(s) 1921 - 1950
1955 -
LEADERSHIP
President Stanislaw Karczewski (M) 
Notes Elected on 12 Nov. 2015.
Secretary General Jakub Kowalski (M) 
Notes Appointed on 24 June 2016.
COMPOSITION
Members (statutory / current number) 100 / 100
PERCENTAGE OF WOMEN


More statistics  >>>
Women (current number) 14 (14.00%)
Mode of designation directly elected 100
Term 4 years
Last renewal dates 25 October 2015
(View details)
CONTACT INFORMATION
Address Senat
ul. Wiejska 6/8 - 00 902 WARSZAWA
(Export mailing lists)
Phone (48 22) 694 92 75
Fax (48 22) 694 93 03
E-mail senat@nw.senat.gov.pl
banasik@nw.senat.gov.pl (Office for International and European Union Affairs)
Website
http://www.senat.gov.pl

ELECTORAL SYSTEM

Parliament name -
Structure of parliament Bicameral
Chamber name (generic / translated) Senat / Senate
Related chamber (for bicameral parliaments) Sejm
LEGAL FRAMEWORK
Electoral law 10 May 1991
Last amendment: 1 August 2011
Mode of designation directly elected 100
Constituencies 100 single-member constituencies
Voting system Majority: Single member plurality system ("first past the post").
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.
Voter requirements - age: 18 years
- Polish citizenship
- disqualifications: mental deficiency, deprivation of civil or electoral rights by court ruling
CANDIDATES
Eligibility Qualified electors
- age: 30 years
- Polish citizenship
- permanent residence in the country for not less than five years
Incompatibilities - President of the National Bank of Poland, of the Supreme Chamber of Control, the Commissioner for Citizens' Rights, the Commissioner for Childrens' Rights or their assistants
- 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
Candidacy requirements - candidatures must be submitted at least 40 days prior to polling day
- 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

LAST ELECTIONS

Parliament name -
Structure of parliament Bicameral
Chamber name (generic / translated) Senat / Senate
Related chamber (for bicameral parliaments) Sejm
BACKGROUND
Dates of election / renewal (from/to) 25 October 2015
Timing and scope of renewal After eight years in opposition, the Law and Justice (PiS) led by Mr. Jaroslaw Kaczynski returned to power, winning an outright majority in both the 460-member Sejm and the 100-member Senate. The PiS, which endorsed Ms. Beata Szydlo as its premiership candidate, became the first party in the country's post-communist era to win enough seats to govern on its own. Outgoing Prime Minister Ewa Kopacz of the Civic Platform (PO) conceded defeat. On 13 November President Andrzej Duda, a former PiS member, tasked Ms. Szydlo with forming a new government.

The 2015 elections were the first to be held under President Duda who defeated the incumbent President, Bronislaw Komorowski (independent, endorsed by the PO), in the May 2015 presidential elections. Elections took place amid the ongoing migration crisis in Europe. In September, President Duda argued against a German-backed quota system for taking in migrants, saying decisions should remain voluntary at the country level. The government, led by the pro-EU PO, decided to take in 7,000 migrants between 2016 and 2017. During the election campaign, the major opposition parties, including the PiS, spoke out against the decision. Other electoral issues included child care benefits, tax cuts and the retirement age. The PiS promised to repeal the 2012 law that raised the retirement age to 67 and to return the retirement age to 60 for women and 65 for men. It also ruled out adoption of the euro in the near future.

The 2015 elections followed a referendum on 6 September on three issues, including the introduction of single-member constituencies for the Sejm. Although over 78 per cent of voters were in favour of single-member constituencies, only 7.8 per cent of some 30 million eligible voters took part in the referendum. Referendum results in Poland are legally binding only if over 50% of eligible voters take part.
Date of previous elections: 9 October 2011

Date of dissolution of the outgoing legislature: 11 November 2015*
*The term of office of the Senate … shall continue until the day preceding the assembly of the Sejm of the succeeding term of office (article 98 of the Constitution).

Timing of election: Upon normal expiry

Expected date of next elections: October 2019

Number of seats at stake: 100 (full renewal)

Number of candidates: 423 (365 men, 58 women)

Percentage of women candidates: 13.7 %

Number of parties contesting the election: 24*
*In addition, 88 groups of voters submitted electoral lists.

Number of parties winning seats: 3

Alternation of power: Yes

Number of parties in government: 3

Names of parties in government: Law and Justice (PiS), Poland Together, and United Poland*
*Poland Together and United Poland won seats under PiS tickets in the 2015 elections. They are in PiS parliamentary caucus.

Date of the first session of the new parliament: 12 November 2015

Name of the new Speaker: Mr. Stanislaw Karczewski (Law and Justice, PiS)
STATISTICS
Voter turnout
Round no 125 October 2015
Number of registered electors
Voters
Blank or invalid ballot papers
Valid votes
30'629'150
15'593'033 (50.91%)

Notes
Distribution of votes
Round no 1
Political group Candidates Votes % of votes
Law and Justice (PiS)
Civic Platform (PO)
Independents
Polish Peasant Party (PSL)
Distribution of seats
Round no 1
Political Group Total of seats
Law and Justice (PiS) 61
Civic Platform (PO) 34
Independents 4
Polish Peasant Party (PSL) 1
Distribution of seats according to sex
Men

Women

Percent of women
87

13

13.00%
Distribution of seats according to age
Distribution of seats according to profession
Comments
Sources:
Senate (13.11.2015, 01.01.2017)
http://parlament2015.pkw.gov.pl/
http://parlament2015.pkw.gov.pl/351_Wyniki_Senat
http://www.pap.pl/en/
http://www.bbc.com

PRESIDENCY OF THE PARLIAMENTARY CHAMBER

Parliament name -
Structure of parliament Bicameral
Chamber name (generic / translated) Senat / Senate
Related chamber (for bicameral parliaments) Sejm
APPOINTMENT AND TERM OF OFFICE
Title Marshal of the Senate
Term - duration: 4 years (term of House);
- reasons for interruption of the term: resignation, death, dismissal (by a motion of at least 34 Senators voting by secret ballot)
Appointment - elected by all the Senators present during the first sitting of the Senate
- 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
Eligibility - any Senator supported by at least 10 Senators may be candidate
- formal notification of candidature may be submitted until the vote is held
Voting system - formal vote by secret ballot
- 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
Procedures / results - the most senior former Marshal presides over the Senate during the voting
- the Senate supervises the voting
- the most senior former Marshal announces the results without any delay
- the results cannot be challenged

STATUS
Status - ranks third in the hierarchy of State (after the Head of State and the Marshal of the Sejm) and may be called upon as acting Head of State in the absence of the Head of State and of the Marshal of the Sejm
- 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

Board - the Presidium of the Senate and the Senior Council are regulated by the Standing Orders of the Senate
- 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
Material facilities - salary: PLZ 15,000 per month in 2009
- Senator's parliamentary allowance
- apartment in the Sejm's hotel
- official car
- secretariat and support staff
- protection by the Government Security Bureau
FUNCTIONS
Organization of parliamentary business - organizes the debates and may extend speaking time
- examines the admissibility of bills and amendments
- refers texts to a committee for study
The Senate:
- sets up the agenda
Chairing of public sittings - can open, adjourn and close sittings
- 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
Special powers - the Head of the Chancellery (Clerk) proposes the Senate's budget to the Presidium
- 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
Speaking and voting rights, other functions - takes the floor in legislative debates
- 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

PARLIAMENTARY MANDATE

Parliament name -
Structure of parliament Bicameral
Chamber name (generic / translated) Senat / Senate
Related chamber (for bicameral parliaments) Sejm
NATURE
Nature of the mandate · Free representation (Art. 108 in conjunction with Art. 104 (1) of the Constitution of 02.04.1997)
Start of the mandate · When the results are declared
Validation of mandates · Validation by the Supreme Court only in case of challenge (Art. 101 (1) of the Constitution)
· 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)
End of the mandate · On the day when the legal term of the House ends which is the day preceding the day when the newly elected Sejm meets - or on the day of early dissolution (Art. 98 (1), (3) and (4) of the Constitution; for early dissolution, see Art. 155 (2) and 225 of the Constitution)
Can MPs resign? Yes · Yes, of their own free will
· 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
Can MPs lose their mandate ? Yes (a) Loss of mandate by judicial decision: business activity involving benefit from the property of the State Treasury or local self-government/acquirement of such property (Art. 108 in conjunction with Art. 107 of the Constitution)
(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)
STATUS OF MEMBERS
Rank in hierarchy · Within Parliament:
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.
Indemnities, facilities and services · Official passport (Art. 45 of the Act on the Exercise of the Mandate of a Deputy or Senator)
· 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 10,000 per month in 2009 (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
Obligation to declare personal assets Yes
Parliamentary immunity - parliamentary non-accountability · The concept does exist (Art. 108 in conjunction with Art. 105 (1) of the Constitution, Art. 6 (1) of the Act on the Exercise of the Mandate of a Deputy or Senator).
· 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.
Parliamentary immunity - parliamentary inviolability · The concept does exist (Art. 108 in conjunction with Art. 105 (1) and (5) of the Constitution, Art. 7 (1) and 9 (1) of the Act on the Exercise of the Mandate of a Deputy or Senator).
· 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.
EXERCISE OF THE MANDATE
Training · There is a training/initiation process on parliamentary practices and procedures for MPs. It consists of seminars at the beginning of the legislature.
· It is provided by the Chancellery.
· There is no handbook of parliamentary procedure.
Participation in the work of the Parliament · It is compulsory for MPs to be present at plenary sittings, committee meetings and other organs to which they have been elected (Art. 13 (1) of the Act on the Exercise of the Mandate of a Deputy or Senator, Art. 19 (1) of the Rules and Regulations of the Senate; see also Art. 21 (1) and (2), and 22 of the Rules and Regulations of the Senate).
· 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)
Discipline · The rules governing discipline within Parliament are contained in Art. 8 (1) (8.), 35, 38 (7), 40 (4), and 41 of the Rules and Regulations of the Senate.
· 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)
Code (rules) of conduct · This concept does not exist in the country's juridical system but there are several pertinent provisions (Art. 2 and 23 of the Rules and Regulations of the Senate; for conduct which leads to the loss of mandate, see Loss of mandate).
· 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.
Relations between MPs and pressure group · There are no legal provisions in this field.

This page was last updated on 7 February 2017
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