IPU PARLINE database: POLAND (Sejm), Oversight

Parliament name

-

Structure of parliament

Bicameral

Chamber name

Sejm

Related chamber (for bicameral parliaments)

Senat / Senate

Type of political regime

parliamentary

Notes

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

Notes

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 member 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

Yes

The House exercises control over the activities of the Council of Ministers (Article 95 of the Constitution). Ministers are collectively responsible to the House for the activities of the Council of Ministers, and they are individually responsible to the House for those matters falling within their competence or assigned to them by the Prime Minister (Article 157 of the Constitution).

Modalities of oversight

Oral and written questions of parliamentarians

The Prime Minister and other ministers must furnish answers to interpellations and deputies' questions within 21 days (Article 115 of the Constitution). They must also furnish answers to matters raised in the course of each sitting of the House.

Government reports to Parliament

Government accountability to the parliament is brought into play by annual reports and votes thereon.

Measures

Vote of confidence on Government programs and/or legislative proposals

The Prime Minister must submit, within 14 days following the day of his or her appointment, a programme of activity of the Council of Ministers to the House, together with a motion requiring a vote of confidence (Article 154 of the Constitution). Thereafter, the Prime Minister may at any time submit to the House a motion requiring a vote of confidence in the Council of Ministers (Article 160 of the Constitution). The House passes such vote by an absolute majority of votes in the presence of at least half of all deputies.

Motions of censure and votes of no confidence (sub-report)

Circumstances

The House may pass a vote of no confidence in the Council of Ministers as well as in an individual minister (Article 158 of the Constitution).

Modalites

The House passes a vote of no confidence in the Council of Ministers by a majority of votes of all deputies, on a motion moved by at least 46 deputies and which specifies the name of a candidate for Prime Minister (Article 158 of the Constitution). A motion to pass a resolution may be put to a vote no sooner than seven days after it has been submitted. A subsequent motion of a like kind may be submitted no sooner than after the end of three months from the day the previous motion was submitted, unless such a motion is submitted by at least 115 deputies. A motion for a vote of no confidence in an individual minister may be submitted by at least 69 deputies.

Consequences

The President recalls a minister in whom a vote of no confidence has been passed by a majority of votes of all deputies. If such a resolution has been passed against the Council of Ministers, the President accepts its resignation and appoints a new Prime Minister as chosen by the House, and, on his application, the other ministers. Over the last 11 years (1990-2000), 25 motions of no confidence have been tabled in the House, most of them against individual ministers.

Dismissal and/or impeachment of Government and other public officials (sub-report)

Circumstances and persons concerned

The President may be temporarily unable to discharge the duties of his office (Article 131 of the Constitution), and he or she may be held accountable before the Tribunal of State (Article 145 of the Constitution). The Prime Minister and Council of Ministers are accountable to the Tribunal of State (Article 156 of the Constitution). Also accountable to the Tribunal of State are: the president of the national bank, the president of the supreme chamber of control, members of the national council of radio broadcasting and television, persons to whom the Prime Minister has granted powers of management over a ministry, and the commander-in-chief of the armed forces (Article 198 of the Constitution). Deputies and senators are also constitutionally accountable to the Tribunal of State (Article 107 of the Constitution).

Modalites and procedure

If the President is temporarily unable to discharge his or her duties, the Constitutional Tribunal determines, on request of the Marshal of the House, whether there exists an impediment, or the President may himself or herself communicate this fact to the Marshal, who then temporarily assumes the duties. The President is held accountable before the Tribunal of State for an infringement of the Constitution or statute, for violations of the Constitution or of a statute committed by him or her within his or her office or within its scope, or for commission of an offence. All ministers are accountable for an infringement of the Constitution or statutes, for violations of the Constitution or of a statute committed by them within their office or within its scope, as well as for the commission of an offence connected with the duties of their office.

For violations of the Constitution or of a statute, committed by them within their office or within its scope, the other persons are constitutionally accountable to the Tribunal of State. Deputies and senators are constitutionally accountable to the tribunal as regards the performance of any business activity involving any benefit derived from the property of the state treasury or local Government or to acquire such property.

Bringing an indictment against the President is done by a resolution of the legislature passed by a majority of at least two-thirds of the statutory number of members of the legislature, on the motion of at least 140 of its members, or on the motion of 115 of its members for the other persons subject to accountability. On the motion of the President or at least 115 deputies, a resolution to bring a member of the Council of Ministers to account before the Tribunal of State is passed by the House by a majority of three fifths of all deputies. By resolution of the House adopted on a motion of the Marshal of the House, a deputy or senator may be brought to account before the Tribunal of State.

Consequences

On the day on which an indictment is brought against the President, he or she is suspended from discharging all official functions. The Tribunal of State decides on indictments and adjudicates upon forfeiture of the mandate of all persons subject to accountability The tribunal may impose the loss of electoral franchise and eligibility for election, a prohibition on holding managerial posts and performing duties connected with state bodies, forfeiture of all or specified medals, decorations and honorary titles and loss of eligibility to receive them. Between 1990 and 2000, 11 procedures were initiated, but most of them existed only at the preliminary motion stage and none was initiated against the President.

Have these procedures been applied?

Oversight over the actions of the Government administration

Yes

The House exercises control over the activities of the Council of Ministers (Article 95 of the Constitution). Ministers are collectively responsible to the House for the activities of the Council of Ministers, and they are individually responsible to the House for those matters falling within their competence or assigned to them by the Prime Minister (Article 157 of the Constitution).

Means and modalities of oversight

Hearings in Committees

Ministers and representatives of other public institutions are obliged to present information and explanations at the request of permanent and special committees of the House or the Senate to matters falling within the scope of their activity.

Committees of inquiry and missions to Government departments

The House may appoint an investigative committee to examine a particular matter (Article 111 of the Constitution).

Oral and written questions of parliamentarians

Deputies may address interpellations, deputies' questions and questions on current issues to ministers. Interpellations are a form of question relating to significant matters. Deputies' questions relate to less important matters, while questions may be put in respect of current issues. An addressee of an interpellation is obliged to give an answer to it in writing in 21 days. Consideration of an interpellation at a sitting of the House includes information on the substance of an interpellation and the answer of the representative. In the course of the sitting, the questioner may request additional information from the person addressed. Questions on current issues are posed orally during each sitting of the House and require a direct answer. The House presidium is obliged to include in the orders of the day of each sitting an item for interpellations and questions on current issues, provided that the time granted is no longer than one and two hours respectively. Questions cannot give rise to a debate in the House.

Role of Parliament in the appointment of senior Government officials

The House appoints the Council of Ministers, four members of the national council of radio broadcasting and television, the president of the national bank, one third of the members of the council for monetary policy, and four members from among its deputies to the National Council of the Judiciary. The House also appoints, with the consent of the Senate, the commissioner for citizens' rights and the president of the supreme chamber of control. Finally, the House chooses the deputy chairpersons and members of the Tribunal of State, as well as the Judges of the Constitutional Tribunal.

Activity reports of the Government administration and of public services or establishments

The House considers information from the Constitutional Tribunal on important problems resulting from its activity and decisions, information submitted by the Tribunal of State, and annual reports submitted by the commissioner for citizens' rights, the national council of radio broadcasting and television and the supreme chamber of control.

Representation of Parliament in governing bodies of the Government administration

Not applicable

Existence of an ombudsman

Yes

Method for appointing the executive

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.

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). The increase in spending or the reduction in revenues from those planned by the Council of Ministers may not lead to the adoption by the House of a budget deficit exceeding the level provided in the draft budget. The budget may not provide for covering a budget deficit by way of contracting credit obligations to the state's central bank. In exceptional cases, the revenues and expenditures of the state for a period shorter than one year may be specified in an interim budget, with the same provisions applying as to a draft state budget.

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). The President signs the budget or interim budget submitted to him by the Marshal of the House within seven days of receipt, and orders its promulgation in the journal of laws. If the President has made reference to the Constitutional Tribunal for adjudication upon the conformity to the Constitution of the budget or interim budget before signing it, the tribunal adjudicates such matter no later than two months from the day of submission.

Reports on the budget / finance act by Committees

A first reading of the bill is held at the sitting of the House. Afterwards, the House refers the bill for consideration to the public finance committee, and its individual parts to the other appropriate House committees. These committees deliver statements of their position, including conclusions, opinions or proposals of amendments to the public finance committee. The latter then presents a report to the House for the second reading. Additionally, the House examines a report submitted by the council for monetary policy on the achievement of monetary policy aims. The council presents these guidelines to the attention of the House simultaneously with the submission of the Government's draft budget.

Fields overseen

Defence budget

The parliament exercises oversight over all public funds.

Budget of special departments

The parliament exercises oversight over all public funds.

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.

Evaluation of Government spending

Parliament approves Government expenditures annually

Yes

The Council of Ministers, within the five-month period following the end of the fiscal year, presents to the House a report on the implementation of the budget together with information on the condition of the state debt (Article 226 of the Constitution). Within 90 days following receipt of the report, the House considers the report presented to it, and, after seeking the opinion of the supreme chamber of control, resolves whether to grant or refuse to grant approval of the financial accounts. The exercise of this supervisory power by the House may result in the execution of political or constitutional accountability of the audited subjects.

Parliamentary oversight of public companies

Yes

A committee may inspect and examine, with a membership that it determines, the activity of those individual firms and partnerships with a share held by the state treasury, enterprises and other state institutions.

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.

Specialised committee

Not applicable

Foreign Relations Committee (sub-report)

Functions of the Committee

The House exercises oversight over foreign policy through the foreign affairs committee.

Powers of the Committee

The competence of the committee includes the "foreign policy of the state".

Composition of the Committee

Not available

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 House exercises oversight over foreign policy by organising one plenary debate on foreign policy issues every year.

Involvement of Parliament

Participation of Parliament in inter-governmental meetings

The parliament can take the initiative to send parliamentary delegations to intergovernmental meetings.

Modalities and procedures for ratifying international treaties and agreements (sub-report)

The Council of Ministers concludes international agreements requiring ratification, and accepts and renounces other international agreements (Article 146, paragraph 4, sub-section 10 of the Constitution). The President, as representative of the state in foreign affairs, ratifies and renounces international agreements, and notifies the House and the Senate thereof (Article 133 of the Constitution). The President cooperates with the Prime Minister and the appropriate minister in respect of foreign policy. The Prime Minister informs the House of any intention to submit, for ratification by the President, any international agreements whose ratification does not require consent granted by statute.

Ratification of an international agreement, as well as renunciation thereof, requires prior consent granted by statute if such agreement concerns (i) peace, alliances, political or military treaties; (ii) the freedoms, rights or obligations of citizens; (iii) the Republic's membership in an international organization; (iv) considerable financial responsibilities imposed on the State; and (v) matters regulated by statute or those in respect of which the Constitution requires the form of a statute (Article 89 of the Constitution).

The Republic may, by virtue of international agreements, delegate to an international organization or international institution the competence of state bodies in relation to certain matters. A statute granting consent for ratification of such an agreement must be passed by the House by a two-thirds majority vote in the presence of at least half of all deputies, and by the Senate by a two-thirds majority vote in the presence of at least half of all senators. Granting of consent for ratification of such agreements may also be passed by a nationwide referendum.

Other mechanisms for participation in foreign policy by Parliament

No other means in addition to the above.

National Defence Committee (sub-report)

Functions of the Committee

The parliament exercises oversight over defence policy through the national defence committee.

Powers of the Committee

The committee's competence includes the defence of the state, particularly in relation to the activity of the armed forces, the state system of territorial and civil defence and its functioning, fulfilment of duties in the field of strengthening national defence by state bodies and enterprises, by cooperation and non-profit organisations and by citizens, as well as the problems of production establishments in the military sector.

Composition of the Committee

The composition of the committee reflects the numerical strength of each party in the parliament.

Parliamentary oversight of public arms manufacturing companies

Parliamentary oversight over public or semi-public arms manufacturing companies is exercised through the national defence committee.

Circumstances and involvement

Modalities and procedures in case of war, an armed attack or a state of emergency

In the event of a direct external threat to the state, the President orders, on request of the Prime Minister, a general or partial mobilisation and deployment of the armed forces in defence of the Republic (Article 136 of the Constitution). The House declares, in the name of the Republic, a state of war and the conclusion of peace. It may adopt a resolution on a state of war only in the event of armed aggression against the national territory or when an obligation of common defence against aggression arises by virtue of international agreements. If the House cannot assemble for a sitting, the President may declare a state of war.

Role of Parliament in sending troops abroad

The principles for deployment of the armed forces beyond the borders of the Republic are specified by a ratified international agreement or by statute (Article 117 of the Constitution).

Other mechanisms for participation in national defence policy by Parliament

No other means in addition to the above.

Circumstances

In situations of particular danger, if ordinary constitutional measures are inadequate, any of the following appropriate extraordinary measures may be introduced: martial law, a state of emergency or a state of natural disaster (Article 228 of the Constitution). Extraordinary measures may be introduced only by regulation, issued upon the basis of statute, and which additionally require to be published. The principles for activity by public authorities as well as the degree to which the freedoms and rights of persons and citizens may be subject to limitation for the duration of a period requiring any extraordinary measures is established by statute.

In the case of external threats to the State, acts of armed aggression against the territory of the Republic or when an obligation of common defence against aggression arises by virtue of international agreement, the President may, on request of the Council of Ministers, declare a state of martial law in a part of or upon the whole territory. In the case of threats to the constitutional order of the State, to the security of the citizenry or to public order, the President may, on request of the Council of Ministers, introduce for a definite period no longer than 90 days, a state of emergency in a part of or throughout the whole national territory. Extension of a state of emergency may be made once only for a period no longer than 60 days and with the consent of the House. The President submits the regulation on the introduction of martial law or a state of emergency to the House within 48 hours of signing such regulation, which the latter immediately considers. The House, by an absolute majority of votes taken in the presence of at least half of all deputies, may annul the regulation of the President.

In order to prevent or remove the consequences of a natural catastrophe or a technological accident exhibiting characteristics of a natural disaster, the Council of Ministers may introduce, for a definite period no longer than 30 days, a state of natural disaster in a part of or throughout the whole national territory. An extension of a state of natural disaster may be made with the consent of the House.

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.

Whenever, during a period of martial law, the House is unable to assemble for a sitting, the President issues, on application of the Council of Ministers, regulations having the force of statute. These regulations must be approved at its next sitting of the House. They have the character of universally binding law. A statute may specify the principles, scope and manner of compensating for loss of property resulting from limitation of the freedoms and rights of persons and citizens during a period requiring introduction of extraordinary measures. Actions undertaken as a result of the introduction of any extraordinary measure must be proportionate to the degree of threat and must be intended to achieve the swiftest restoration of conditions allowing for the normal functioning of the state. During a period of introduction of extraordinary measures, the following may not be subject to change: the Constitution, the acts on elections to the legislature and local Government bodies, the act on elections to the Presidency, as well as statutes on extraordinary measures.

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

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