IPU PARLINE database: POLAND (Senat), Oversight

Parliament name

-

Structure of parliament

Bicameral

Chamber name

Senat

Related chamber (for bicameral parliaments)

Sejm

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 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

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

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

Circumstances

Not applicable

Modalites

Not applicable

Consequences

Not applicable

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

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

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). 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.

Evaluation of Government spending

Parliament approves Government expenditures annually

No

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.

Specialised committee

Not applicable

Foreign Relations Committee (sub-report)

Functions of the Committee

The Senate exercises oversight over foreign policy through the foreign affairs and European integration committee.

Powers of the Committee

The committee has competences to find on foreign policy, inter-parliamentary relations, European integration and international economic relations.

Composition of the Committee

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

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.

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

Not applicable

Powers of the Committee

Not applicable

Composition of the Committee

Not applicable

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

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.

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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